R95-002RESOLUTION 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 PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION; 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 t~e
best interests of the citizens and residents of the City of Boynton Beach, Florida, to enler
into an Agreement with the Palm Beach County Police Benevolent Association (PBA).I
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 do~s
hereby ratify the 1994/97 Agreement between the City of Boynton Beach, Florida and tl~e
Palm Beach County Police Benevolent Association, and authorizes and directs the MayOr
and City Clerk to execute said Agreement, which is attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ? ~" day of January, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~/
Commissioner
ATTEST:
Commissioner
~~,lt ~Cler;( ~2~~c~,~_
(Corporate Seal)
Aut~sig.d~c
PBA~CBA
12/16/94
1994 / 97 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
12/16/94 PBA CITY
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TABLE OF CONTENTS
Preamble ...................................... 1
Recognition ................................... 2
Non-Discrimination ............................ 3
Dues Deduction ................................ 4
Union Business ................................ 5 .....
Bulletin Board ................................ 6 ~
Testing ....................................... 7
Vacancies ..................................... 8 _ ~
Management Rights ............................. 9
Advisory Committee ............................ 11
Hours of Work ................................. 12
Wages ......................................... 13
Seniority ..................................... 16
Work Week/Overtime Compensation/Call Back ..... 20
Uniforms ...................................... 25
Medical Expenses .............................. 27
Group Insurance ............................... 29
Leaves ........................................ 30
Holidays ...................................... 35
Funeral Expenses .............................. 37
Equipment Maintenance & Safety ................ 38
Training ...................................... 39
Career Path Program ........................... 41
Personnel Records ............................. 43
Legal Action .................................. 45
Awards and Commendations ...................... 46
Grievance Procedure ........................... 47
Rights of Law Enf. Officers Under Investigation 51
Discipline and Discharge ...................... 52
Past Practices ................................ 53 ~
~ 54
Personal Vehicles ...... ~ ..........................
Department Policies,~Rules & Regulations ...... 55
Maternity Leave ............................... 56 - -
Complete Agreement & Waiver Clause ............ 57
Severability .................................. 58
~F~aintenance of Contract ....................... 59
Duration ...................................... 60
~ignature Page ................................ 61
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This Agreement is entered into by the City of Boynton Beach,
Florida, hereinafter referred to as the "City" and Palm Beach
County Police Benevolent Association, located in West Palm Beach,
Florida, hereinafter referred to as the "Union", for. the purpose of
promoting harmonious relations between the City and the Union, to
establish an orderly and peaceful procedure, to settle differences
which might arise and to set forth the basic, complete and full
agreement between the parties concerning salaries and all other
conditions of employment.
12/16/94 PBA CITY
RECOGNITION
The City hereby recognizes the Union as exclusive bargaining agent
for the purpose of presenting proposals relative to salaries and
other conditions of employment for the barGaininG unit consisting __
of all full time sworn police officers within the following job
classification: Police Officer and Police Detective. The term
member will mean any member in the barGaininG unit.
12/16/94 PBA CITY.
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NON-DISCRIMINATION
The City will not interfere with the rights of officers to become
members of the Union, and there shall be no discrimination,
interference, restraint or coercion by the City, or any City
representative, against any officer because of membership or
because of any activity in any official capacity on behalf of the
Union.
12/16/94 PBA CITY
DUES DEDUCTION
UDon receiDt of a form Drovided by the Union and aDDroved by the
City which has been voluntarily executed by a City emDloyee who is
a member of the bargaining unit, the City will deduct from the Day
due the emD!oyee, those dues and uniform assessments required to
retain Union membershiD as certified by the Union. The total
amount of deductions shall be remitted each month by the City to
the Treasurer of the Union. This authorization shall remain in
full force and effect during the term of this Agreement or for
thirty (30) days after notification of the revocation of the
authorization to deduct by the emDloyee.
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~ Union representatives will be granted up to fifteen
(15) days (120 hours) total per year, or equivalent hours, to
attend functions of the Union and shall be provided such leave with
pay, without having such leave charged against their normal leave.
~ The City will permit accredited representatives of
the Union to have reasonable access, with the approval of the
Police Chief, to the Police Department training room during the
hours of 8:00 A.M. to 10:00 P.M. to conduct Union business. All
normal fees for the use of this room or any other City building
will be paid by the Union.
~ Within the limits of appropriate statutes the City
will provide the Union, on a semi-annual basis, a complete roster
of the bargaining unit members, including name, rank, date of
birth, address, telephone number, Social Security number, present
assignment and current pay scale, after receiving authorization
from the individual member. ~
12/16/94 PBA CITY.
BULLETIN BOARD
The City will Drovide bulletin board sDace; one in the Line UD Room
and one in the Detective Division for the exclusive use of the
Union, for 9osting bulletins, notices and other union material. A
notice or item Dlaced on the bulletin board shall bear, on its
face, the legible designation of the Derson resDonsible for Dlacing
of this notice or item on the bulletin board.
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~ Testing or promotional examinations and testing
procedures will be in accordance with the Civil Service Rules and
Regulations of the City of Boynton Beach, Florida.
~ Officers passed over for promotion through the use
of the "Rule of 3" provided for in the Civil Service Rules and
Regulations will be given a written explanation at the officer's
request as to why they were passed over. Said explanation shall
not be grievable unless the reason is arbitrary and capricious.
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Budgeted promotional vacancies occurring in any Dosition within the
certified bargaining unit will be filled in accordance with the
Civil Service Rules and Regulations. Any such vacancy shall be
offered within thirty (30) days of the establishment of the
appropriate eligibility list provided funds are available to fill
said position as determined by the City Manager's office.
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MANAGEMENT RIGHTS
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:
ao
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.
C o
Transfer employees from one location to another, one
shift to another, or one starting time to another.
Do
Establish and change the starting and quitting times and
the number of hours and shifts to be worked.
E. Assign and reassign employees.
Schedule and change the work to be performed by
employees.
Formulate, implement and change Departmental policy,
rules, regulations, and directives which are not in
conflict with the specific provisions of this Agreement.
H. Introduce new services, procedures, materials, facilities
and equipment. ~
I. Mandate physical, medical, and drug testing in accordance
with law. The City agrees to use State Certified
Laboratories for all drug testing.
J. 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.
L. Create, alter or disband any Departmental unit or
transfer members based upon the needs of the
department as determined by the Chief.
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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 specifically relinquished by the.City
tn 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 impact of the change,
the change may be implemented prior to resolution of the impact
bargaining.
12/16/94 PBA CITY.
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ADVISORY
~ By mutual agreement between the City and the Union,
they may establish a joint commit,tee. The Union membership shall
consist of persons from within the position classification covered
by this Agreement, and members designated by the Chief of Police
shall consist of persons within the Department, but outside the
bargaining unit.
~ This committee may .meet as needed by mutual consent,
and meetings may be held between the hours of 8:00 A.M. and 5:00
P.M., Monday through Friday or at another mutually agreeable time.
If a meeting is held during working hours of an employee
participant, said participant may be excused without loss of pay
for that purpose. Attendance for a meeting outside of regular
working hours shall not be deemed as time worked and participants
will not receive additional pay or leave benefits.
Section .3, Attendance by o~her than members of the Union and.
City Administrative Officers will be by agreement of a majority of
the members of the Committee and shall first receive the approval
of the Chief of Police.
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HOURS OF WORK
Section 1. A work day is defined as either eight (8) hours per
day or ten (10) hours per day. A work week is defined as either
five - 8 hour work days, or four - 10 hour work days.
~ No member of the Bargaining Unit shall be required
or allowed to work more than sixteen (16) continuous hours except
during a declared emergency or during an ongoing ia~ediate
investigation. Members of the Bargaining Unit acknowledge that
they have an obligation to come to work physically and mentally
prepared to efficiently and effectively carry out their
responsibilities. No member of' the bargaining unit shall be
scheduled either by the department or through shift swaps, details,
or over-time, to work more than 16 hours of duty in a 24 hour
period, except during emergencies or where overtime is required to
complete an on duty assignment, i.e. late arrest. For the purpose
of this section, duty means regular assigned duties and detail
assignments, not to include ~court, depositions, filings, and
similar judicial responsibilities.
Section 3. Members acknowledge that they have the obligation to
come to work fit for duty.
12/16/94 PBA CITY.
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A. Ail employees in the bargaining unit who were hired as
full-time employees before October 1, 1988, shall receive a lump
sum payment of one (1%) percent of their base salary on January 1,
1995.
B. All members in the bargaining unit who were hired as
full-time employees on or after October 1, 1988, shall receive a
two (2%) percent increase of their base salary on Janaury 1, 1995.
C. Effective October 1, 1994, the step plan for bargaining
unit members shall provide for a two (2%) percent increase to the
employee on their anniversary date during each year of this
Agreement.
D. On October 1, 1995,and 'on October 1, 1996, all employees
in the bargaining unit who were hired as full-time employees before
October 1, 1988, shall receive a lump sum payment of one (1%)
percent of their base salary. ~
E. On October 1, 1995, and October 1, 1996, all members in
the bargaining unit who were hired as full-time employees on or
after Oct~ 1, 1988, shall receive a one (1%) percent increase of
.their baSesalary.
F. The foregoing provisions regarding wages represents a
full and complete settlement of all disputes arising from the pay
freeze which has been in effect since October 1, 1991. Within ten
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(10) days of ratification of this Agreement by both parties, the
Union shall dismiss, with prejudice, its action pending against the
City and designated as Palm Beach County Circuit Court Case No.
CL 94 5556 AD.
Section 2. Special Assianm~nts
A. Traffic Division: Members assigned to the Traffic
Division who elect are required to ride a motorcycle shall be
compensated an additional 5% for hazardous duty during said
assignment.
B. Vice Members: Those members who are assigned to vice
shall be compensated ad additional 5% for hazardous duty during
said assignment.
C. Investigators: Those members who are assigned to the
position of investigator shall be compensated an additional 2%
during said assignment.
D. SRT (Special Response Team). Those members who have
successfully completed testing and are selected as a member of the
Police Department SRT Team, sha~.'be compensated an additional 10%.
for hazardous duty when said Team is actually called to duty.
E. K-9 Unit: Members assigned to the K-9 Unit will receive
one (1) ~ of overtime for K-9 care, equipment maintenance and
vehicle cleaning for each RDO, vacation day where the dog is not
kenneled or otherwise boarded. K-9 officers will be allowed one
(1) hour of duty time per work day to tend to K-9 care, equipment
maintenance and vehicle cleaning. Members on vacation will be
12/16/94 PBA CITY.
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credited one hour per day for K-9 care, equipment maintenance and
vehicle cleaning.
F. Officers assigned as Field Training Officers and who have
completed successfully the required 40-hour training shall receive
an additional 5% while assigned to this duty with a maximum of six
(6) week assignment for any Field Training unless at the end of the
fifth week the Training Officer's supervisor provides a report
through the Chief to the Personnel Director that an extension
beyond six (6) weeks of training is required and that the extension
is not a result of the Training Officer's lack of effort or ability
to complete the field training effort. With such report the six
weeks of an additional 5% will be extended in two (2) week
,increments.
G. Detectives shall be compensated an additional 2%
incentive pay.
12/16/94 PBA CITY
~ The City agrees that seniority shall consist of
continuous accumulated paid service with the Boynton Beach Police
Department. Seniority shall be computed from the date of
appointment. Seniority shall accumulate during absences because of
illness, injury in the line of duty, vacation, military leave or
any other authorized leave of absence.
~ The City agrees that seniority shall govern the
following matters:
Temporary vacancies shall be defined as
occurring when the superior officer on duty
determines that a position needs to be filled.
Such vacancies arising during a particular
tour or shift shall be filled according to the
following procedure:
~ The perman~ly assigned members of the platoon.
who are regularly scheduled to work and who are on duty
prior to the shift experiencing the vacancy will be
offered the position first, by seniority.
~ If the vacancy remains, the permanently
assigned members of the platoon experiencing the vacancy
not regularly scheduled to work on the day the shift or
tour experiences the vacancy will be offered the
12/16/94 PBA CITY
position, by seniority.
_~.~ If the vacancy
assiqned members of the platoon who are scheduled to work
the shift or tour following the shift or tour
experiencing the vacancy, will be offered the position,
by seniority.
~ I f the vacancy remains, the permanent ly
assigned members of the off-duty shift or tour (3rd
shift) will be offered the position, by seniority.
~ All others not covered in Steps 1, 2, 3 and 4
will be offered the position, by seniority.
~ In the event that the vacancy remains after
completing Steps 1 through 5, all sergeants will be
offered the position prior to Step 7 being utilized.
Step 7.
In the event that the vacancy remains, and it
becomes necessary to order individuals to
work, the selection ~.~all be by seniority in
reverse order, begin at Step 4 and through
Step 1.
~. officer must accept and be able to work the
full eight hours in accordance ~with the
limitations elsewhere, this does not preclude
the officer from having another officer fill
any portion of the shift, including the
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remains, the permanently
12/16/94 PBA CITY
do
beginning of the shift.
_ultimately responsible and
The officer is
obligated to be
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prepared for duty at the co~encement of the
shift, if he is unable to fill that obligation
with another officer.
Layoffs will follow the procedures in the Civil Service
Rules and Regulations.
In the event of a vacancy on a platoon, seniority will
prevail in the offering of the position, at shift Dick.
Officers will be allowed to pick a shift-and days off by
seniority at shift change. The department and bargaining
unit may mutually agree on alternative schedules.
Schedules that may impact any of the conditions of this
contract will be mutually agreed upon prior to
implementation.
In the event of a vacancy in any division or unit,
seniority will prevail, after consideration of job
related qualificatioq~..' Job ~related qualifications will
be determined by th~ Chief of Police and will include,
but not be limited to, specialized training, job
-~rformance, attendance, evaluations, and the results of
an oral review board. All such vacancies will be posted
as soon as possible and job related qualifications will
be listed when posted. The duration of all special,
bureau, divisional or unit assignments are temporary and
12/16/94 PBA CITY.
f o
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the length or duration will be determined by the Chief of
Police.
Any special event (Holiday Parade, GALA, July 4th, or any
other event) shall be offered through a rotating list of
Police Officers based upon department seniority. This
section does not apply to special details.
In the event of a declared emergency alternate shifts
or work schedules may be adopted by the Chief
of Police as needed.
12/16/94 PBA CITY
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WORK W~RK - OVERTIM~ COMPENSATION
Section 1. Overtime
It is hereby agreed that no employee should be required to remain
on duty for a work period of more than five (5) eight (8) hour
shifts or four (4) ten (10) hour shifts unless extra hours of duty
are deemed necessary by the Chief of Police or his designated
representative in which case compensation should be at the rate of
one and one-half (1.5) times the regular hourly salary. Overtime
will be computed on the basis of hours worked over ten (10) hours
for a ten (10) hour shift or over eight (8) hours for an eight (8)
hour shift. All compensation under this Article shall be in monies
at a time and one-half rate of regular pay.
Whether the shift to which an employee is assigned is a ten (10)
hour shift or an eight (8) hour shift is up to the discretion of
the Chief of Police.
Employees who are in a duty status seven (7) or fewer minutes
either prior to or after the$~ shift will not be eligible for
overtime pay. Employees who are in a duty status eight (8) or more
minutes either prior to or after their shift must be so only with
the Super-~isor's approval in order to be eligible for overtime pay.
Overtime ~ay will be at time and one-half (1 1/2) times regular
pay.
Compensatory Time:
For the contract year 1994-97, members of the Bargaining
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Unit shall have the option of accumulating a maximum of forty (40)
hours of ~omDensatory time at time and one-half. In the event said
members are reassigned outside either of stated position, or are
promoted outside the bargaining unit, the balance of all
compensatory time will be paid. Compensatory time earned and
accumulated shall be paid off totally in September of the fiscal
year if not utilized by the end of the month of August.
Compensatory time accumulated will be taken within the scheduling
needs of the Department.
Section 2. Special Detail Assianment
All Bargaining Unit Members assigned to cover special details may
report directly to their assignment without prior checking in or
out at the police station, but must advise a supervisor personally
or by radio. The officer assigned to special detail shall comply
with all current department policies and procedures in effect.
notify the on duty Watch Co~L~nder by radio or in person of on duty
and off duty status.
Section 3. Call Bac~
Call back is defined as' any ~ime an officer is called into work
when he/she is off duty, or when the work time is not contiguous
with his~er assigned shift. In the event of call back the
employee shall be compensated for the actual time worked, but not
less than three (3) hours at the rate of one and one-half (1 1/2)
times his basic hourly rate reflected in the pay schedule in
Appendix A. When an officer is called for call back he/she will be
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guaranteed a minimum of three (3) hours at time and one-half, and
at his/her supervisory's discretion the officer may be required to
work the entire three hours or longer. When an officer is called
for call-back, the supervisor will indicate as to whether or not
t!hey should arrive in, uniform or in plain-clothes, if the option is
available.
Section 4 Court Time
A. Court time will be paid at time and one-half when the
officer is not on his regular assignment. An officer on
court time will be compensated a minimum of three (3)
hours at time and one-half.
B. An employee who has been-instructed to remain on standby
for court appearances during the employee's off-duty
hours shall be paid one-half the straight time hourly
rate for each hour on Standby up to a maximum of eight
(8) hours of standby duty in any one day. A minimum
payment of one (1) hour straight time shall be paid for
all standby assignment,S. When an employee is required to
stand by for eight (~) hours, the employee shall receive
four (4) hours plus one (1) additional hour at straight
time. If an officer does go to court he will be paid for
the court time indicated in Section A and not receive
standby time pay.
C. Bargaining unit members may report directly to court
without prior check in at the police station. Members
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are still required to document their attendance at the
court house and submit documentation to the Department.
Section 5. On-Call
Any bargaining unit member who is on an "on-call" (on-Dager) basis
other than court time as outlined in Article 14, Section 4 shall
receive compensation of one hour of pay at time and one-half for
each day (24 hour period) on call. No member will be Dlaced "on-
call" without the approval of a division commander, Bureau
commander, or designated representative.
Section 6. Overtime Pay
Overtime pay, when so granted, will normally be contained in .the
member's next regular pay check following the time worked.
Section 7. Schedule
The City will establish the hours of work best suited to meet the
needs of the Department, but agrees that work schedules will not be
changed or altered intentionally to avoid the Dayment of overtime,
except with forty-eight (48) hours notice. The City recognizes that
unusual circumstances may requ~r~..that a member request a change of
their schedule shift without obligating the City to Day over-time,
and therefore a m~mber may work for or change shifts, not limited
to one shift with another member Derforming similar duties. No
· reasonable request, when work assignments are not affected, will be
denied. No member will accept a shift change scheduling the
officer to work more than sixteen continuous hours or as limited
elsewhere. Shift change requests may be completed anytime prior to
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the actual start or beginning of the shift. No more than two (2)
membsrs m~_y fill a single position during any one shift except
during extingent circumstances and with prior approval of the Watch
Commander.
Section 9. Shift Chanaes - Employer
An officer will be given adequate advance notice as determined by
the Chief of any change in his/her regular hours of work except
when an emergency exists. Notice given less than forty-eight (48)
hours before any changed schedule (assignment days or days off) is
to take affect, entitles the officer to receive compensation at the
rate of one and one-half (1.5) times his/her reqular salary for the
first day of his/hour tour of duty.
Section 10.
The City agrees that any member required to be out of Palm Beach
Court to attend court, seminarS, or for any other reason as a
result of his/her duties as a police officer, except if the officer
is exclusively the plaintiff in a personal civil action, will be
paid his/her regular rate off,Day for each day or partial day
required for said purposes. There will be no regular or overtime
compensation.
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~ The City will provide up to three (3) full uniforms
per year and shoes every six (6) months on an as-need basis. The
City will supply replacements for the parts of the uniform when
replacement is appropriate, as determined by the Chief, and if
adequate funds are available in the City Budget.
~ The Detectives who are members of the bargaining
unit and assigned to plain clothes duty will receive a total of
$600.00 a fiscal year, paid in $150 installments at the end of each
quarter and pro-rated as appropriate.
Reimbursement, replacement or repair of personal clothing and
equipment will be according to current department policies and
procedures.
The replacement will require the approval of the chief of Police.
The Detective or Uniformed Officer claiming a replacement will be
required to include, with his/her claim, an explanation of the
circumstances of the damage an~ appropriate reports concerning the
incident where damage to his uniform took place. This allowance
shall commence from the date of assignment on a pro-rated basis.
Uniformed Officers 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)
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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 Boynton
Beach selected by the City. Sworn Detectives will be given a cash
cleaning supplement equivalent to that given the uniform officer.
This will be paid at the end of each quarter of the contract year.
This allowance shall coalescence from the date of assiqnment on a pro-
rated basis.
Uniformed Officers 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 the
uniform officer and pro-rated thereafter. These payments for
uniform officer assigned to plain clothes duty will substitute for
the normal cleaning allowance for uniform officers.
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MEDIC~ EXPENSES
~ Members will receive and shall be obliged to take
annual electrocardiogram and physical examination performed by an
agency or doctor to be approved by the City. If City selected
doctor is used scheduling will be at the discretion of the
Department, and the results will become part of the employee's
record. The City will pay the cost of this examination.
~ A member may elect his/her own private physician if
approved by the City and the City is only obligated to pay a
portion of the fee, not to exceed $100, upon proper receipt. The
member shall be responsible for -scheduling the appointment and
forwarding the results to the City to be included in the employee's
personnel records.
~ When recommended by a physician the City will pay
for a Stress Test no more than once every three (3) years with no
more than a third of the barGaininG unit being compensated for such
a test in any one year. Should the member choose his own
physician, the City shall pay that amount they would have paid had
the member Gone to the City's doctor.
~ The City shall provide an immunization schedule
during the life of this AGreement for any member who wants to be
immunized for Hepatitis - Type B. It is incumbent upon the
barGaininG unit member to notify the Department should they
desire said immunization. Said immunization shall be administered
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by qualified personnel.
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~ROUP INSURANCE
Section 1. Medical Insurance
The cost of health and medical insurance premiums for the primary
coverage shall be borne by the City for the employee only.
Coverage currently in effect should not be reduced. All policies
shall be reviewed annually.
Section 2. Life Insurance
Members of the bargaining unit shall be covered by $25,000 of group
life insurance with the premium paid by the City.
Section 3. Dental Insurance
A group dental insurance program will be provided by the City and
the City will pay the premium for employees and $7.00 per month of
the premium for family coverage.
12/16/94 PBA CITY
~u~i~LD__~__~nnual ~eave - Vacation
a.
C ·
Section 2
a.
-30-
Personnel in the bargaining unit will be covered by City
of Boynton Beach Civil Service Rules and Regulations for
all issues relative to annual leave. New employees hired
after January 1, 1992 shall be subject to the revised
annual leave schedule.
Vacation requests may be submitted from 14-45 days in
advance for vacation. In the event of dual requests for
vacation dates, the senior member request shall prevail
if it was submitted thirty (30) days prior to the date or
dates requested. Vacations of two days or less may be
made with twenty-four (24) hours advance notice or less.
All other requests submitted under 30 days shall be on a
first come first serve basis regardless of seniority.
Request for emergency vacation leave will be considered
individually by the ~hief..
Sick Leave
Employees will earn ninety-six (96) hours of sick leave
Der 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 and Police Department Rules
and Regulations, as applicable. New employees hired
after January 1, 1992 shall be subject to the revised
12/16/94 PBA CITY
sick leave schedule.
_Employees who have more than one hundred twenty (120)
hours of sick leave as of September I, 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 fiscal year may be
converted in the next fiscal year. This Drovision shall
not be applicable for fiscal year 199, 1994-97 and shall
be subject to the collective bargaining Drocess for
subsequent fiscal years.
Sharing Sick Leave
1. It shall be the policy of the City to permit an
employee the opportunity of donating accrued sick
leave time to a designated employee whenever
extraordinary circumstances require the desiqnated
emDloyee to b~-.~absent from work for a lengthy
period of time, and when the employee has exhausted
all accrued sick leave and vacation leave to the
number of vacation hours that said employee would
accrue in one year.
2. Extraordinary circumstances shall ~e defined as
lengthy hosDitalization, critical illness', or
injury.
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When there appears to be a need to share sick leave
in accord with Section c.2, 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, accompanied by
appropriate Personnel Action Form, 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 ahead and not be changed except in the
event of an emergency.
No member shall be placed on restricted sick leave under
Civil Service Rule XI, Section 4, Paragraph E unless that
member has had a counseling session, with at least a
Watch Lieutenant (Lieutenant rank only). During that
counseling session,~he member will be informed of the
reasons being'consi~ered for restricted sick leave. At
that time, the member will be given an opportunity to
explain the sick days taken. When a member is placed on
restricted sick leave, the member will be notified in
writing of that fact. A unit member placed on restricted
sick leave shall be re-evaluated in six months. If not
re-evaluated within ten (10) working days after the six
12/16/94 PBA CITY.
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month period, the unit member will be removed from
restricted sick leave.
f. At the employee's option, the employee may convert excess
sick leave time as defined in accordance with this
section to vacation time not to exceed forty (40) hours,
to be transacted in the first month of the calendar year.
g. Officers who call in sick will not be offered
or allowed overtime for the shift following
the shift in which they report sick, except
during an emergency.
Section 3. Personal Time
a. A total of twenty-four. (24) hours for personal time per
year will be allowed in increments of one-half shift at
a time or a full shift, not back-to-back. Personal time
will not be accumulate'd from year to year and in no way
should be a basis of termination pay. No request for
personal leave will be denied without a reasonable
justification.
b. Employees may request a one-half shift increment of
personal time, which will be given at-roll-call only, by
seniority.
.Section 4. Bereavement Days
Compassionate Leave: In the event of the death of the
mother, father, foster parents, brother, sister, husband,
wife, son, daughter, grandparents, grandchildren, mother-in-
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law, father-in-law, sister-in-law or brother-in-law of a
permanent or probationary employee, 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 the
State in connection with the internment of the deceased, five
(5) consecutive calendar days shall be allowed. Employees
must verify attendance in writing in order to be eligible for
this article. The City Manager may grant additional leave
under this section, except that such additional leave shall, be
debited against the employee's accrued sick or annual leave.
12/16/94 PBA CITY.
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~ Holidays will be in accordance with the Civil
Service Rules and Regulations as of July, 1985.
~ Holiday pay will be at 1.5 times regular Day for all
members of the bargaining unit whether or not the holiday is
worked.
Section 3.
a.
Co
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, (i.e.
110 hours for 4/10 employees and 88 hours for 5/8
employees).
Members who sign up for this section must do so between
October 1st and October 31st of each contract year with
the Secretary of the Department.
Members exercising ~his option for conversion will be
paid only straight time for the hours worked on the
holiday.
Members exercising this option may use a vacation day (8
hours) instead of working the holiday. The vacation
hours will be paid at straight time.
Members not assigned to work on the holiday will receive
their normal weekly pay.
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f o
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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.
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~ The City will make a payment of up to $5,000 to the
beneficiary of bargaining unit employees killed in the line of
duty.
~ All employees shall, on a form to be supplied by the
Chief of Police or his authorized representative, designate by name
and address, the individual to whom such funds are to be paid.
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EOUIP~NT MAINTENANCE & SAFETY
The City, as a management responsibility, will maintain vehicles
and equipment in a safe condition and in accordance with law or
ordinances.
The Union Members accept the responsibility for checking vehicles
prior to use and for completing City providing forms for any
defects which is discovered or any operating matter that needs
attention.
Concerns about unsafe condition will be brought to the attention of
the immediate Supervisor who will make a judgment concerning the
need for immediate repair prior to use. If the Bargaining Unit
Member does not agree with the immediate Supervisor he/she may ask
that the next level of supervision review his/her concern, and that
Supervisor will be the final judge on the safety of the equipment
and the appropriate action to take at that time. Subsequent
review of the actions of the bargaining unit member or the
supervisor, will be made by th~Chief'the next normal work day.
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Ail training required of the officer by the Police Department when
off duty will be compensated at time and one half, except for
training or travel activities that are off site and considered to
be seminars, conferences, and special programs where expenses
incurred are paid for by the City as provided for by resolution.
Section 2. Weapon~ Traininq
The Chief will decide on the training program based on his judqment
of the department's needs. Each member will be allowed three
opportunities to meet prescribed qualification standards. If the
officer does not qualify in three attempts, they will be required
to qualify on their own time and expense to remain eligible for
employment as law enforcement officers.
Section 3. Colleae Tuition Reimbursement
A. The City will provide fo~?those members who attend colleges
and/or universities an incentive of paid tuition and books
based upon the grade score for that class. The member is to
pay the tuition and books and be reimbursed upon proper
at the below schedule upon completion of the semester.
"A" equals 100% of tuition and books
"B'° equals 100% of tuition and books
"C" equals 50% of tuition and books
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College and/or university program must be initially approved
by the City Manager and must be a Dart of a program leading to
an acceDtable Associate, Bachelor or Master degree with a
curriculum directly related to the Police profession.
The Chief will make a recommendation to the City Manager
who will have final approval for the courses, degree Drogram
and Dayment.
B. The City shall pay tuition and books reimbursement even if a
course is not part of a program leading to a degree providing
that the course is job related and approved by the City
Manager prior to registration of said course.
The City shall provide reimbursement for authorized expenses
associated with training and sDecial schools attended by the
officer through approval of the DeDartment.
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CAREER PATH PROGRAM
The purpose of this program is to establish guidelines for a
Career Path Program for police officers below the rank of
Detective/Sergeant.
The Career Path Program is designed to accomplish a three-fold
purpose and is voluntary in nature:
A. Recognize and reward the officer through his/her training
and educational achievements.
B. Provide a career development path for Rank
of Police Officer.
C. Promote long term dedicated employees by offering
incentives, alternatives and guidelines.
The Police Officer Skill Levels III, II, and I shall be
as follows:
A. Skill Level Three (III)
(1) Time in grade: new employee to five (5) years
continuous serv~i~e.
B. Skill Level Two (II)
(1) Time in grade: 5 - 10 years continuous service
(2) Education Requirement (job related)-: 160 hours -
Career Incentives or Training Courses
(3) Average or above average performance evaluation for
the past two (2) years.
(4) Incentive pay increase - 2%
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C. Skill Level One
(1) Time in grade: i0 plus years continuous service
(2) Educational Requirement: 400 hours - Career
Incentives or Training Courses.
(3) Average or above average performance evaluation for
the past two (2) years.
(4) Incentive pay increase - 3%
A Police Officer will need to declare the Career Path Program;
being either career path or career incentive (however, if max
out on career incentive, can use/pursue career path). No
college degree courses will be accepted when pursuing a
college degree path. Education must be job related, and
courses/training taken for credit must be on officer's own
time (not City time).
If a police officer who has received career path pay
increases pursuant to this program and is promoted, they
are no longer eligible to receive career path pay
increases, nor will care$~ path pay increases received
under this program be considered in establishing their
new rate of pay.
12/16/94
PBA
CITY
PERSONNEL RECORDS
Effective 9/30/89
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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 t~_~nspect' 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
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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.
~ The City maintains an internal affairs file. The
material ~in the file is not in the officer's personnel file. This
file will be maintained in accordance with Fl. State Statutes.
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LE~%LACTION
~ In accordance with Florida Statutes, the City will
Drovide legal defense for a member against any civil damage suits
wherein said member is a named party and wherein the alleged
damages were allegedly caused by the actions of said member while
acting within the scope of his/her authority and within the course
of his employment.
f~.E.~i&~]~2~ The City will indemnify all members against
judgraents for compensatory damages entered against them as a result
of their actions to the extent that the City is found liable for
such actions.
~ The City will select the Attorney who is to defend
the employee relative to this Article.
~ The employee will be responsible for filing any
counterclaims at his/her expense.
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AWARDS AND COMMENDATIONS
The City, through the leadership of the Chief of Police, will
provide a formal system for awards of various degrees of service --
from saving lives to awards for courtesy. These awards will be in
the form of medals, campaign ribbons, letters of commendation or
cash bonus.
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GRIEVANCE PROCEDURE
In a mutual effort to provide harmonious relations between the
parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure in this Department for the
resolution of grievances, an alleged violation of a provision of
this agreement, as follows:
~ The aggrieved employee with or without the Union
representative may discuss the grievance with the supervising
Lieutenant within five (5) working days of the incident (working
days for the purpose of this Article will be defined as Monday
through Friday excluding paid holidays) of the occurrence of the
matter giving rise to the grievance. The supervising Lieutenant
shall attempt to adjust the matter and respond to the parties
presenting the grievance within three (3) working days.
~ If the grievance has not been satisfactorily resolved in
Step 1, the Union representative and the aggrieved employee may
appeal the grievance to the H~ad of the Division concerned within
five (5) working days after the immediate Supervisor's response is
due. The Head of the Division shall respond, in writing, within
five (5) working days to the Union.
~ If the grievance has not been satisfactorily resolved in
Step 2, hereof, the Union representative may present a written
appeal to the Chief of Police, or in his/her absence his/her
designated replacement provided it is not a duplicate of Step 2,
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resolved
.respond,
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within seven (7) working days after the Division Head's response is
due. The Chief of Police shall respond within seven (7) working
days, in writing, to the Union.
~ I.f the grievance has not been satisfactorily resolved in
Step 3, the Union representative may present a written appeal to
the City Manager, or his/her authorized representative, within
seven (7) working days after the Chief's response is due. The
City Manager, or his/her designee, prior to making a decision on
the grievance, may conduct a predetermination conference. The City
Manager may be assisted by the City Attorney. The predetermination
conference shall be held within twenty (20) calendar days of
submission to the City Manager. The grievant may be assisted by a
union representative or counsel of his/her choice. The inquiry by
the City Manager may be tape recorded~ In the case of grievances
involving disciplinary action, all matters in defense or in
mitigation of the proposed disciplinary action, known at that time
by grievant, should be raised by the grievant. If the grievance
has not been satisfactorily set~t-~ed by'the City Manager within ten
(10) business days from the date of the predetermination
conference, the grievance may then be submitted to arbitration.
within the above procedure, The City Manager shall
in writing, within ten (10) working days to the Union.
If the decision of the City Manager or his/her authorized
representative has not satisfactorily resolved the grievance, the
Union may request arbitration, in writing, to the Office of the
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City Manager no later than five I5) working days after the
rendering_of the decision by the City Manager. Within five (5)
working days from the request of either party to the other for
arbitration, the parties shall try to mutually select an impartial
arbitrator. If the parties are unable or fail to agree upon an
arbitrator during this time period, either party may, with written
notice to the other, request the Federal Mediation and Conciliation
Service to submit a list of names of five (5) arbitrators. Both
parties will alternatively strike one name until an arbitrator is
agreed to.
~ The arbitrator's decision in this matter, if made in
accordance with this contract, shall be final and binding on the
parties. The fees and expenses of the arbitrator shall be paid one
half by the City and one half by the Union. All other expenses in
connection with the presentation of the matter to the arbitrator
shall be borne by the party incurring them. The arbitrator shall
have no power to add to, subtract from, disregard, or modify the
terms of this Agreement, nor shall his/her decision have the effect-
of altering the Agreement.
The arbitrator shall have access to all written documents and
statement;s pertaining to the grievance. The arbitrator shall
render hiS/her decision no later than thirty (30) days after the
conclusion of the final hearing. Copies of the findings of the
arbitrator, made in accordance with the jurisdictional authority
under this Agreement, shall be furnished to both parties and shall
12/16/94 PBA CITY
be final and binding on both Darties.
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~I~TS OF LAW ENFORC~NT OFFICERS UNDER INVESTIGATION
The City of Boynton Beach agrees that all rights of Law Enforcement
Officers under investigation detailed and granted by Plorida
Statutes, Section 112.532(1) (a)-(i) and Section 112.533 (as amended
from time to time) will be observed and Dracticed.
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DISCIPLINE ANDDISCHAR~E
~_~ 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 Drocess.
Accordingly, no employee shall be subjected to disciplinary action
unless a final disciplinary recommendation is made by the Police
Chief within fourteen (14) days of the conclusion of the
investigation.
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PAST PRACTICES
Ail employment practices listed below shall remain in effect-
B.
C.
D.
F.
G.
H.
I.
Lockers.
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.
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PERSONAL VEHICLE~
~ When an employee is required to usehis/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 from 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.
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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 specified
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.
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MATERNITY, LEAVE
Whenever a female employee shall become Dregnant, she shall furnish
the Police Chief with a certificate from her 9hysician, stating the
a99roximated exDected date of deliver.
She may continue to work as long as her Dhysician certifies she is
able and provided the Police Chief does not find her work
performance impaired. Maternity leave shall start with cessation
of actual work and continue for a period not to exceed two (2)
months after the date of delivery. She shall be paid, upon
request her earned vacation leave and unused sick time.
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COMPLETE A~RERM~NTANDWAIVER CLAUS~
This Agreement (together with any letters of Agreement executed
concurrently herewith) is the complete Agreement between the
parties, cancels all prior practices and agreements, and, except as
expressly provided for herein, relieves the parties of the
obligation to bargain on any subject during the term of this
Agreement.
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~EV~~TY
~ If any provisiOn of this Agreement are found to be
invalid'by any courts having jurisdiction in respect thereof, such
findings shall not affect the remainder of this Agreement, and all
other terms and provisions shall continue in full force and effect.
~J2Jg~k_~ In the event of such finding the parties will meet
within thirty (30) days to begin negotiations of a replacement
Article or Section.
12/16/94 PBA CITY.
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MAINTENANCE OF CONTRACT
Ail matters 9ertaining to working conditions and benefits
guaranteed by law shall apply to the extent that they are not in
conflict with the provisions of this Agreement.
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Upon formal ratification by the Union, adoption by the City
Commission, and execution and signing by the parties, this
Agreement shall be effective from October 1, 19994 and shall remain
in full force and effect until September 30, 1997.
Negotiations for a contract commencing October 1, 19997, may
commence at any t~me after April 1, 19997.
12/16/94 PBA CITY.
Agreed to this day of
between _the respective parties through
representatives of the Union and the City.
Witness
-61-
, 19 , by and
the authorized
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
BY:
President
Witness
Witness
CITY OF BOYNTON BEACH
BY:
Mayor
Witness
ATTEST:
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
City Attorney
City Manager
Ratified by City Commission
Date
Ratified by Union Members
Date
12/16/94 PBA CITY