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R13-052 II I 1 RESOLUTION R13 -052 i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION — LIEUTENANTS FOR THE PERIOD • OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 1 e 2013, AND AUTHORIZING AND DIRECTING THE 1 MAYOR AND CITY CLERK TO EXECUTE THE 1. AGREEMENT; AND PROVIDING AN EFFECTIVE 1 DATE. 14 1 • WHEREAS, the City of Boynton Beach and the Palm Beach County Police 1: Benevolent Association (PBA) - Lieutenants have successfully concluded negotiations for 1 a one (1) year contract; and 1: WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 1• and 21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 2 execute the same; and 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 2' OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2: 2 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 2: ratified and confirmed by the City Commission. 2• Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach 31 County Police Benevolent Association (PBA) - Lieutenants for the period of October 1, \ \apps3 city cbb \auto \Data\ 179 \Items \171\2473 \3260 \REso_ -_PBA_ = Lts_2012_ -_2013 doc 1 II 2012 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A ". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 18 day of June, 2013. CITY OF BOY 1S.1, BEACH, FLORIDA -✓ • MAyor—Je Tay I r 11 1 1 ice Mayor — Wood .w L. Hay 14 1 • Commissio er — avid T. erker 1. �� r ` . 1: Cp mmiss . er — ichael M. Fit •atrick 1• 21 2 Cgmmissioner — Joe Casello 2. ATTEST: 24 • A 2' J et M. Prainito, MMC 21 — C.ity Clerk 2 2: 2•� 31 o - a 3 m 2 •1 \ \apps3 city cbb \autoA Data \179\Items \171\2473 \3260\REso - PBA - Lts 2012 - 2013 doc 7 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION OCTOBER 1 2012- SEPTEMBER 30, 2013 TABLE OF CONTENTS Article Page Preamble 4 1 Recognition 5 2 No Strike or Lock -Out 6 3 Non Discrimination 8 4 Dues Deduction 9 5 PBA Representation 10 6 Bulletin Boards and Records Requests 11 7 Rights of Lieutenants Under Investigation.... 12 8 Legal Benefit 13 9 Management Rights.... 14 10 Discipline 16 11 Subcontracting 18 12 Rate of Pay 19 13 Workers Compensation and Duty Disability 21 14 Call Back Pay 22 15 Bereavement Leave 23 16 Sick Leave 24 17 Vacation 26 18 Holidays 28 19 Funeral Expenses 30 20 Medical Expenses 31 21 Uniforms 33 22 Training 35 23 Personnel Records ................. 36 24 Shift Selection 38 25 Seniority 39 26 Transfers and Shift Changes 40 27 Group Insurance 41 28 Tuition Reimbursement 43 29 Off Duty Police Employment 45 30 Grievance and Arbitration Procedures 46 31 Past Practices 50 32 Personal and Departmental Vehicles 51 33 Promotions 52 2 34 Savings Clause 53 35 Temporary Assignment 54 36 Entire Agreement 55 37 Duration of Agreement 56 38 Reopener 57 39 Longevity Pay 58 Signature 59 3 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and the Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter referred to as the "PBA ", for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms, and conditions of employment, and benefits. 4 ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA 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. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission and comprises all full - time police lieutenants. Excluded are all other employees of the City. Section 3. The City agrees that all correspondence, communication, or notice required by law or otherwise pertaining to bargaining unit members' wages, hours. and terms and conditions of employment shall be directed to: John Kazanjian, President Palm Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road West Palm Beach, Florida 33409 Attention: General Counsel 5 ARTICLE 2 NO STRIKE OR LOCK -OUT Section 1. "Strike" means the concerted failure to report for duty. the concerted absence of Lieutenants 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 Lieutenants 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. Section 2. Neither the Union, nor any of its officers, agent 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. Section 3. Each Lieutenant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bringing 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 others responsible 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 the event of breach of this Article or the law by 6 other employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this Article may be dismissed or otherwise disciplined by the City. 7 ARTICLE 3 NON - DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, 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 PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place To that end, the City and the PBA agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination Discriminatory conduct means any communication, verbal or non - verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status 8 ARTICLE 4 DUES DEDUCTION Upon receipt of notice from the PBA and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain PBA membership as certified by the PBA. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. 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 employee. 9 ARTICLE 5 PBA REPRESENTATION Section 1. Neither Party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other Party. Section 2. The City shall recognize elected PBA representative for the purposes of bargaining and any bargaining team members shall be permitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The Parties agree that the PBA may establish a system of Representatives for the bargaining unit. Representatives on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA 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 command except for receiving approval of release time with regard to their duty- related activities, notwithstanding their position as a PBA representative 10 ARTICLE 6 BULLETIN BOARDS AND RECORDS REQUESTS Section 1. The PBA shall be provided with the use of a Lieutenant's PBA bulletin board space at one (1) location in the police building. Section 2. The PBA agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of PBA meetings; notices and results of PBA elections; reports of PBA committees; rulings or policies of the PBA; recreational and social affairs of the PBA, and notices by public bodies. Section 3. The City agrees to furnish to the PBA president or designee, upon request at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, 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. 11 ARTICLE 7 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION The City of Boynton Beach agrees that in the investigation of all bargaining unit members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to time) will be observed and practiced. The PBA may post a copy of Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6. 12 ARTICLE 8 LEGAL BENEFIT Section 1. The City agrees to abide by the provisions of Florida Statutes Sections 111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions arising out of the course and scope of their employment; provided, however, that the City shall not be required to pay a judgment when it has been established that the employee was engaged in conduct outside the scope of his /her employment. 13 ARTICLE 9 MANAGEMENT RIGHTS Section 1. The PBA recognizes that except as provided in this Agreement and by law the City has the exclusive right to manage and direct the Police Department. Accordingly, but not by way of limitation, the City retains the exclusive right to: A. To establish procedures to hire, promote, and lay off employees B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. 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. G. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement or the law. H. Introduce new services, procedures, materials, facilities and equipment. I. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager J. Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. 14 L. Create, alter or disband any Departmental unit or transfer members based upon the needs of the Department as determined by the Chief. M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. 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 in this Agreement or limited by law shall remain with the City. Section 2. 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 after said impact bargaining. 15 ARTICLE 10 DISCIPLINE Section 1. No employee shall be subject to demotion, termination, or a suspension without pay of two days or more without first being afforded the right to a predetermination conference with the City Manager Section 2. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in provided proper and efficient services to the community. To this end, the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 3. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. Section 4. No bargaining unit member shall be subject to demotion, termination, or a suspension without pay of more than two (2) days without first being afforded the right to a pre- determination conference with the City Manager 16 Section 5. Any bargaining unit member who has been promoted who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her sworn seniority with the Police Department, whichever is more favorable for the member. Personnel re- entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. 17 ARTICLE 11 SUBCONTRACTING There shall be no subcontracting for the life of this Agreement. 18 ARTICLE 12 RATE OF PAY Section 1. Effective October 1, 2012 the following chart contains the current pay scale that is effective for all members of the bargaining unit. Adoption of the following pay scale does not guarantee movement from one step to the next in this or any future year unless movement is specifically provided for in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. STARTING $101,295.79 Step 1 $104,672.32 Step 2 $108,048.85 Step 3 $111,425 37 Step 4 $114,801 90 Step 5 $118,178.43 Section 2. Promotion within the Bargaining Unit Effective upon ratification of this contract, a member who is promoted within the bargaining unit will receive a ten percent (10 %) increase to his /her base rate. The increase in rate will then be applied to the scale above, and, if it falls between two pay rates, the higher of the two rates will be applied as the new salary for the promoted member. If the new rate with the ten percent (10 %) increase is still below the starting rate for this rank, the member will be brought to the starting rate upon promotion. Section 3. In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which will alter or affect the flow of revenue to the City during the term of 19 this Agreement, the wage /rate of pay articles of the Agreement may, at the written request of the City, be reopened for negotiations. Reopened negotiations shall commence and conclude within forty- five(45) calendar days of the date the City gives written notice to the PBA of the City's request to reopen negotiations. If an agreement is not reached within forty- five(45) calendar days, the negotiations shall be deemed at impasse and the impasse issue shall be submitted to the City Commission at a second Commission meeting following the expiration of the forty- five(45) days. The City and the PBA waive the appointment of a special magistrate to resolve the impasse and agree that the City Commission shall resolve the impasse issues in accordance with the provisions of 447.403, Florida Statutes. During the negotiations and impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the PBA, or, in the event the reopened negotiations do not result in a ratified agreement, as imposed by the City Commission through the impasse process. 20 ARTICLE 13 WORKERS COMPENSATION AND DUTY DISABILITY Section 1. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed, until he or she reaches maximum medical improvement or two (2) years, whichever comes first. Section 2. Sworn bargaining unit members who sustain a serious injury on -duty while in fresh pursuit (as defined in §112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or who sustain a serious injury while engaged in law enforcement activities will receive a supplement to their workers' compensation that will provide 100% of their base salary for up to one hundred eighty (180) calendar days. Section 3. Bargaining unit members absent from work due to injury or illness unrelated to the performance of duty, shall have twelve (12) months to return to full duty. 21 ARTICLE 14 CALL -BACK PAY Section 1. The Union and City agree that each Bargaining Unit member is an exempt status employee under FLSA, not eligible for overtime payments Section 2. Employees will be called back to duty on the basis of seniority in the rank of lieutenant 22 ARTICLE 15 BEREAVEMENT LEAVE Section 1. 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, domestic life partner, and any permanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive working calendar days for any one death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) consecutive working 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. Section 2. Employees must verify, in writing, attendance at an out -of -state funeral in writing in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section. 23 ARTICLE 16 SICK LEAVE Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn ninety -six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick leave will be charged against a member's bank of accrued time on an hour for hour basis. The use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued sick leave will be paid out at the rate of 50 %. Section 2. Employees who have more than one - hundred - twenty (120) hours of sick leave as of October 1, of any 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 the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. It shall be the policy of the City to permit an employee to donate accrued sick leave time to another employee, provided the contributing employee has at least 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, when that employee has exhausted all accrued sick leave and annual leave. Extraordinary circumstances shall be defined as lengthy hospitalization, extended illness, or injury of the member or the member's immediate family. Section 4. Sick leave use for medical appointments is permissible and should be 24 scheduled at least 48 hours prior to the appointment when possible. Section 5. No member shall be placed on restricted sick leave prior to being counseled 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 restricted sick leave for a period 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. Section 6. At the employee's option, provided the contributing employee has at least 120 hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed 80 hours, to be transacted on anytime during the calendar year. Section 7. Each bargaining unit member covered by this Agreement is eligible to receive 1 shift of hours of additional leave for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick leave during the previous quarter, nor has been absent from work or on leave, other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. 25 ARTICLE 17 VACATION Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as follows: Years of Service Vacation Hours Per Year 1 96 2 -3 120 4 128 5 136 6 144 7 152 8 160 9 168 10 - 15 176 16 -20 192 21 and above 200 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 — September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty -eight (48) hours to thirty (30) days in advance. In the event of conflicting 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. 26 Those members scheduled to work an 11.5 -hour shift who are granted vacation, shall only have their vacation accrual charged a maximum of 8 -hours for the day. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Management reserves the right to approve or deny vacation leave based upon the operational needs of the department. Vacation privileges shall not be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. The exercise of management's rights under this Section shall not be arbitrary or capricious. Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, 100 hours of personal time per contract year. The 100 hours of personal time per contract year are not accruable and must be used within each contract year. Those members scheduled to work an 11.5 -hour shift who are granted personal time, shall only have their personal time accrual charged 8 -hours for the day, only when personal time is taken in 8 hour increments. 27 ARTICLE 18 HOLIDAYS Section 1. Holidays will be defined as the below dates: 1. New Year's Day 2 Martin Luther King Jr., Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Eve 11 Christmas Day Section 2. Members of the Bargaining Unit not assigned to road patrol shall not work on Holidays, unless an emergency situation is declared by the City Manager or his /her designee or in cases where the Chief of Police or on -call Staff Duty Officer determines that the presence of a Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to road patrol he /she has the option to either work the scheduled holiday, in which case he /she shall be paid the holiday pay plus straight time. If he /she elects not to work the holiday a Sgt. will fill 28 that position. A Lieutenant who is assigned to road patrol who is scheduled off on a holiday may take a substitute day off during the same pay period .provided that it does not incur overtime. If it cannot be accommodated during that pay period, without incurring overtime, the member may take it in the following pay period with approval of the Police Chief. 29 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of $15,000.00 to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. 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 30 ARTICLE 20 MEDICAL EXPENSES Section 1. Members of the bargaining unit will be responsible for scheduling and completing a physical examination every other year beginning in October 2008. Physicals will be completed by a medical doctor (M.D. or D.O.) and will be conducted at the officer's expense not to exceed $100.00. The city will not be responsible for expenses if they exceed $100.00 and if this occurs, the physical exam and its expense will be a voluntary item for the bargaining unit member. The results of the physical will be reported to the City on a form approved by the City for such purpose. Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex 1, established to have occurred in the line of duty shall be covered the same as any other duty injury. Section 3. 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 by medically qualified personnel. Section 4. The City shall bear the costs of lead testing for the Range Instructor(s). 31 Section 5. The City will provide for AIDS and Hepatitis screening in all instances where a member is exposed to situations /persons presenting a biological contamination threat. Results of these tests will be kept confidential.. 32 ARTICLE 21 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to wear on duty. The City will supply replacements for the parts 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. Section 2. Effective on the date of this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive $1600 per contract year, paid in $400 installments at the end of each quarter and pro -rated as appropriate when assigned during each quarter to plain clothes duty. Lieutenants not assigned to plain clothes will receive a $1,000.00 clothing allowance per contract year, paid in equal quarterly installments at the end of each quarter and pro -rated as appropriate. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval of the Chief of Police. The Lieutenant claiming a replacement will be required to include with his /her claim an explanation of the circumstances of the damage and appropriate reports concerning the incident This allowance shall commence from the date of assignment on a pro -rate basis. 33 Section 3. Lieutenants 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. Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment in the City. Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably equivalent to that of the uniformed Lieutenant This will be paid at the end of each quarter of the contract year This allowance shall commence from the date of assignment on a pro -rated basis. Section 5. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given lieutenants and pro -rated thereafter These payments for lieutenants assigned to plain clothes duty will substitute for the normal cleaning allowance for lieutenants. 34 ARTICLE 22 TRAINING Section 1. 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. 35 ARTICLE 23 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. 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 to the bargaining unit member. 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 within the provisions of the Public Records Law Section 3. A personnel file for all City employees is maintained by the City Human Resource 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 Human Resources 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 Human Resources Director. An employee may request, in writing, that specific items be added to his /her Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Record destruction guidelines 36 Section 5. A 24 hour notice must be given to the bargaining unit member if any person requests a copy or review of the members' personnel file. E -mail to the bargaining unit member shall constitute notice. 37 ARTICLE 24 SHIFT SELECTION Section 1. The Department shall have the discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. Section 2. The City may designate the number of slots assigned to each Uniformed Services Division shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The right to select a shift shall not apply to probationary lieutenants. 38 ARTICLE 25 SENIORITY Section 1. Seniority shall be computed from the date of promotion. If two (2) lieutenants have the same date of promotion, the date of initial promotion to the rank of Sergeant shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations. Section 4. The City shall have the right to determine the number of lieutenants assigned to each division and each shift. Section 5. For lay -offs and other non - disciplinary reductions in personnel, Police Lieutenants will displace lower ranking officers in the event that the department is required to lay -off personnel. An example would be: if a police lieutenant's position is to be abolished, the incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. Section 6. Bargaining unit members who are demoted, voluntarily or involuntarily, will regain the rank from which they were promoted. Section 7 It is understood and agreed that bargaining unit members who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. 39 ARTICLE 26 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his /her shift or schedule involuntarily changed, including days off, without reasonable notice, except in time of emergency, as declared by the City Manager or his /her designee, or for operational necessity as determined by the Chief of Police. Section 2. Members may request to exchange shifts, provided that the exchange is approved. Such approval shall not be unreasonably withheld. 40 ARTICLE 27 GROUP INSURANCE Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. Medical, Vision and Dental Insurance The City shall pay the total medical, vision, and dental insurance premium for all bargaining unit members. The members will pay the full cost of medical, vision and all but $7.00 (See Section 4 of this article) of the dental insurance premium for their dependents. Existing coverage levels and benefits shall remain in effect until September 30, 2013. In the event the City changes benefit options for employees after September 30, 2013, then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependant coverage for their dependants increase more then 15% during any fiscal year, the City agrees to open this Article for the purposes of bargaining. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form a benefits committee to be comprised of an equal number of non - represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be 41 designated by the PBA. The final decision regarding selection of insurers is reserved to the City, but the City shall strongly consider input and recommendations from the benefits committee. Section 3. Life Insurance Members of the bargaining unit shall be covered by $50,000 of group life insurance with the premium paid by the City. Section 4. 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. 42 ARTICLE 28 TUITION REIMBURSEMENT Section 1. The City will provide for those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade received for that class. The member is to pay for the tuition and books and be reimbursed, at state college /university rates. Employees who were already in the college tuition reimbursement program as of April 1, 2005 who are attending private schools are grandfathered in at private school rates. Reimbursement rate percentages are as follows: "A" equals 100% of tuition and books "B" equals 100% of tuition and books "C" equals 50% of tuition and books College and /or university programs must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master's 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 program and payment Section 2. 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. 43 Section 3. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. 44 ARTICLE 29 OFF -DUTY POLICE EMPLOYMENT Section 1. 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. Section 2. 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. 45 ARTICLE 30 GRIEVANCE AND ARBITRATION PROCEDURES Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1 The aggrieved employee or an Association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days (Monday through Friday) of its occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall reply in writing within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the Chief of 46 Police shall fail to respond in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 2 If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days (Monday through Friday) of receipt of the Chief of Police's reply or when a reply was due, if none is submitted. The City Manager shall reply within ten (10) working days (Monday through Friday) of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee or an Association representative may move to the next step. STEP 3 If the grievance has not been settled by Steps 1 and 2, the PBA or the City may refer it to arbitration within fifteen (15) working days (Monday through Friday) of receipt of the City Manager's reply or when a reply was due, if none is submitted. The PBA or the City will submit the matter to the Federal Mediation & Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of nine (9) arbitrators from which one (1) shall be selected. The arbitrator's decision shall be in writing with a statement of findings and reasons. The decision of the arbitrator shall be final and binding on the Parties; provided that the 47 arbitrator shall have no power to modify, amend, or alter this Agreement. The expense of the arbitrator shall be borne by the Parties. Section 4. By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Section 5. Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon in writing for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the PBA agree upon the following procedure for expedited cases. A. The selection of an arbitrator must be completed within fifteen (15) working days of receipt of an arbitrator's panel provided by the FMCS. Failure to strike the arbitrators panel and select an arbitrator within fifteen (15) working days will result in the untimely Party's acceptance of the timely Party's selection of any arbitrator from the FMCS list provided. B. After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. C. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is 48 requested. By mutual agreement of the Parties, the transcript may be submitted to the arbitrator in lieu of briefs. D. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if the Parties have agreed to submit the transcript in lieu of briefs. Section 6. The PBA and the City shall each bear its own expense in the arbitration proceedings, except that both Parties shall share equally the fee and other expenses of the arbitrator. Section 7. Settlement of grievances prior to the issuance of an arbitration award shall not constitute a precedent nor shall it constitute an admission that the Agreement has been violated. Section 8. Whenever a grievance is general in nature, in that it applies to two (2) or more bargaining unit members, or if the grievance is directly between the PBA and the City, the grievance may be presented in writing directly at Step 2 of the Grievance Procedure within fifteen (15) working days of the occurrence or knowledge of the occurrence or matter giving rise to the grievance. The grievance shall be signed by the aggrieved bargaining unit members or a PBA representative on behalf of all aggrieved PBA members. 49 ARTICLE 31 PAST PRACTICES All employment practices listed below shall remain in effect: A. Locker room shower, gym B. Shoes every six (6) months. C. Provide weapons, equipment, gear appropriate to assigrnnent. D. Bullet proof vests. E. Jackets, raincoat, boots. F. Desk space, office supplies. G. Approved and required travel expenses. H. Use of City vehicles for court when available. I. Three (3) complete uniforms per year, as needed 50 ARTICLE 32 PERSONAL AND DEPARTMENTAL VEHICLES Section 1. 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 from the normal work location. Section 2. 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. Section 3. Bargaining Unit members shall be assigned City vehicles for use on and off duty. Section 4. If a Bargaining Unit member is not involved in a "Chargeable' accident for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay. 51 ARTICLE 33 PROMOTIONS Section 1. Qualifications for a bargaining unit member are: those who have completed three (3) years of continuous or bridged service as a Sergeant with Boynton Beach Police Department and have obtained a Bachelors Degree from an accredited university. Current bargaining unit members are eligible for appointment to the next highest rank in the department. Additional criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department and the PBA. All promotional opportunities will be posted for a period of thirty (30) days before closing. Section 2. All Lieutenant's shall serve a one year probation from the date of appointment. During a Lieutenant's probationary period a Lieutenant is subject to removal from appointment, without statement of cause. A promoted Lieutenant removed from her /his position during probation, shall be reassigned to the position that they were promoted from. 52 ARTICLE 34 SAVINGS CLAUSE Section 1. 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. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement 53 ARTICLE 35 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid seven percent (7 %) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. 54 ARTICLE 36 ENTIRE AGREEMENT The Parties agree that this Agreement constitutes the full and complete understanding of the Parties. This Agreement can not be changed or altered unless by mutual written agreement. 55 ARTICLE 37 DURATION OF AGREEMENT Section 1. This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 2013 or the date upon which a successor Agreement is ratified, whichever is later. In the event a successor Agreement is not ratified by October 1, 2013, all of the provisions of this Agreement shall remain in full force and effect during the time intervening, including the periods during which the Parties are negotiating a successor Agreement and engaged in impasse proceedings, if any. No base wage increase, step, cost of living, or other compensation adjustments shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. 56 ARTICLE 38 REOPENER Section 1. In the event the City determines that classification of the Members as exempt status employees cannot be legally sustained, the Parties on written request by the City shall reopen negotiations of this Collective bargaining Agreement. 57 ARTICLE 39 LONGEVITY PAY Section 1. In order to provide benefit incentives to long -term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full -time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards' or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5 anniversary a lump sum payment of $500.00. On the employee's tenth (10 anniversary a lump sum payment of $1,000.00 On the employee's fifteenth (15 anniversary a lump sum payment of $1,500.00 On the employee's twentieth (20 anniversary a lump sum payment of $2,000.00 On the employee's twenty -fifth (25 anniversary a lump sum payment of $2500.00 This 25 anniversary payment will be added in this year of the contract so as a one time agreement that if any employee who has surpassed their 25 year of service will receive this payment upon their actual anniversary date. Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. Section 4. The longevity benefit set forth in this Article takes effect October 1, 2012. 58 Agreed to this 1 day of 2013 , by and between the respective Parties through the authorized representatives of the PBA and the City. POLICE LIEUTENANTS POLI1\ BENEVOLENT ASSOCIATION A 9 I L i� 1..,�v `,- �..,<. BY itness John Kaza " 11 ( / � �� BY: 1, . 4 Witness ary Li pm. , i eneral Counsel s CITY OF BOYNTON BEACH it - 1 4b -% AY& _ %..�. , BY Witness 4 ?6,1yor - Je y ay (1 _ OL. ' I 1 ' 7 . !� • TTEST: Witness . P to U Is et M. Prainito, CMC J' � ity Clerk APPROVED A TO FORM �� T O N f AND Ct ESS: y Man ger ii LaVerriere / / / City Attorney gr Ratified by City Commission Ratified by Union Members June IS M Q ' 4013 � S 20 Date Date 59