R13-051 1 RESOLUTION R13 -051
A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RATIFYING THE AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH, FLORIDA AND THE
7 PALM BEACH COUNTY POLICE BENEVOLENT
3 ASSOCIATION — SERGEANTS FOR THE PERIOD
OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30,
1 2013, AND AUTHORIZING AND DIRECTING THE
1 MAYOR AND CITY CLERK TO EXECUTE THE
1 1 AGREEMENT; AND PROVIDING AN EFFECTIVE
1 DATE.
1
1 WHEREAS, the City of Boynton Beach and the Palm Beach County Police
1 ■ Benevolent Association (PBA) - Sergeants have successfully concluded negotiations for a
1 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
2 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
24
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
3 County Police Benevolent Association (PBA) - Sergeants for the period of October 1,
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1
1 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.
4 PASSED AND ADOPTED this 18 day of June, 2013.
6 CITY OF BOYNTON BEACH, FLORIDA
7
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11' ��.rli___ t /f''
l �! ;ce'Mayor — Woodrow -
14 `' `k ,'11111
1: Commiss'oner David T. Mer. -r
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1 C i mmissi r — 'chael M. 'itzpatrick
1.
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2 Co missioner — Joe Casello
2. j ATTEST:
2. as •
2' Vt M. Prainito, MMC
24 ity Clerk
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R -
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
POLICE SERGEANTS
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 11
7 Reproduction 12
8 Rights of Bargaining Unit Members
Under Investigation 13
9 Management Rights 14
10 Discipline 16
11 Wages 18
12 Worker's Compensation and Duty Disability 19
13 Call Back Pay 20
14 Stand By Pay / On -Call Pay 22
15 Court Appearances 23
16 Bereavement Leave 24
17 Sick Leave 25
18 Vacation 27
19 Holidays 29
20 Funeral Expenses 30
21 Medical Expenses 31
22 Uniforms 32
23 Personnel Records 33
24 Hours of Work and Overtime /Compensatory... 34
25 Shift Selection 36
26 Seniority 37
27 Transfers /Shift Changes/ 38
28 Group Insurance 39
29 Training and Tuition Reimbursement 41
30 Departmental Policies, Rules &
Regulations 43
31 Special Details 44
32 Grievance and Arbitration Procedures 45
33 Past Practices 48
34 Entire Agreement 49
35 Personal Vehicles 50
36 Qualifications For a Bargaining Unit Position 51
37 Temporary Assignment 52
38 Savings Clause 53
2
39 Duration of Agreement. 54
40 Take Home Vehicles 55
41 Longevity 56
Signatures 5
3
PREAMBLE
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 "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. The term "member" or "employee " will mean any member of 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 dated September 16, 2002, and
comprises all full -time police sergeants with the City of Boynton Beach. 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
Sergeants from their positions, the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and
faithful performance of their duties of employment with the City, participation in a deliberate and
concerted course of conduct which adversely affects the services of the City, picketing or demonstrating
in furtherance of a work stoppage, either during the term of or after the expiration of a collective
bargaining agreement.
Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee
organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or
condone any strike, sympathy strike, slowdown, sick -out, concerted stoppage of work, illegal picketing,
or any other interruption of the operations of the City.
Section 3. Each Sergeant who holds a position with the City occupies a position of special
trust and responsibility in maintaining and bring about compliance with this Article and the strike
prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing
obligation and responsibility to maintain compliance with this Article and the law, including their
responsibility to abide by the provisions of this Article and the law by remaining at work during any
interruption which may be initiated by others; and their responsibility, in event of breach of this Article
or the law by other employees and upon the request of the City, to encourage and direct employees
violating this Article or the law to return to work, and to disavow the strike publicly.
Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or
6
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 sergeants 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 sergeant 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 reciept 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 to 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 representatives 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.
The Union representative must be a member of the bargaining unit.
Section 3. 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
Section 1. The PBA shall be provided with the use of a Sergeant'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.
11
ARTICLE 7
REPRODUCTION
The City will post the Agreement on the City's shared drive or any other electronic distribution
system.
12
ARTICLE 8
RIGHTS OF BARGAINING UNIT MEMBERS 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.
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.
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
14
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
DISCPLINE
Section 1. The Parties recognize that the interests of the community and job security of the
bargaining unit members depends upon the City's success in providing 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 2. 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.
The following disciplinary actions shall be utilized and, depending on the severity of the offense, the
first action may be at any appropriate level including dismissal.
A. Written Reprimand
B. Suspension Without Pay
C. Demotion
D. Dismissal
Section 3. 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 seniority as a sworn officer 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.
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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.
17
ARTICLE 11
WAGES
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 $70,224.40
1131 $73,256.65
EC1 $76,288.89
1 $79,321.14
Ste. 4 $82,353.39
MS $85,385.64
Ste. 6 $88,417.88
Step 7 $91,450.13
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.
18
ARTICLE 12
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 UNLESS OTHERWISE NEGOTIATED IN A WORKERS COMPENSATION
PRECEEDING
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.
19
ARTICLE 13
CALL -BACK PAY
Section 1. The Department shall develop a call -back policy, based on seniority, which
provides for the following:
A. Shift vacancies or vacancies created by special events or other exigent situations will be
filled by sergeants from the off -going shift or those currently on duty. This establishes
that shift supervisors that end time is 0500 are eligible for the dayshift vacancy starting at
0430. The (30) minute overlap does not preclude off -going shift supervisors from
eligibility, as long as the overlap is while the eligible supervisor is working and not after
the supervisor has completed his shift and went of out service prior to the shift vacancy.
B. In the event that vacancies cannot be filled by on duty, off going sergeants, those
sergeants who are not on duty will be offered the vacancy through a "seniority wheel"
process. Sergeants will be called in order of seniority until the vacancies are filled. On the
next occasion where a vacancy is to be filled by other than an on duty, off going sergeant,
the starting point on the seniority list will be the name of the sergeant immediately after
that sergeant who elected to fill the last vacancy utilizing the "wheel" procedure.
C. No employee shall work more than 16 hours in any 24 hour period absent a designated
emergency.
Section 2. On duty, off going sergeants who elect to fill a vacancy on the upcoming shift will
be paid at time and one -half of the regular rate of pay for each hour actually worked past their normally
assigned shift.
Section 3 Sergeants who elect to fill a vacancy on the upcoming shift and who were not on
duty immediately preceding the vacancy to be worked, will be paid at time and one -half their regular
20
rate of pay for each hour actually worked with a minimum payment of three hours at the overtime rate.
21
ARTICLE 14
STAND -BY PAY / ON CALL PAY
Section 1. Employees directed to be on operational stand -by status or on call must be able to
respond to a specified location on duty within one (1) hour and shall be compensated for one hour at
time and one -half (1 1/2) the employee's regular rate of pay for each day (24 hour period) on call.
Section 2. In the event the bargaining unit member on call responds for duty, the bargaining
unit member shall receive, additionally, Call -Back pay as provided in Article 13, Section 3.
Section 3. Any member, regardless of their assignment, and are placed "ON CALL" status,
must have the approval of the Chief of Police or his /her designee.
22
ARTICLE 15
COURT APPEARANCES
Section 1. When required to respond to court, deposition, subpoena, or any other judicial or
administrative proceeding arising out of a member's duty as a police officer, and not involving the
officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum
of three (3) hours per day at time and one -half (1 '` /z) the employee's regular rate of pay, unless such
court appearance occurs during the employee's regular working hours.
Section 2. If court appearance is contiguous with the end of the employee's shift, court time
shall be compensated as any other over time assignment.
Section 3. When a member has been ordered to remain on standby for court appearance
purposes during the member's off -duty hours, he /she shall be compensated at a minimum of one hour at
time and one -half (1 1/2) the member's regular rate of pay for the first hour and one -half (1/2) the
member's regular rate of pay for all remaining hours.
23
ARTICLE 16
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 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) 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 wntmg 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
24
ARTICLE 17
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
to the equivalent of his /her current annual earned vacation rate. Extraordinary circumstances shall be
defined as lengthy hospitalization, extended illness or injury of the member or the members immediate
family.
Section 4. Sick leave use for medical appointment is permissible and should be 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
25
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 anytime during the calendar year.
Section 7. Each bargaining unit member covered by this Agreement is eligible to receive 1 shift
worth 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.
26
ARTICLE 18
VACATION
Section 1. Vacation is earned and accrued on an hourly basis. Each full time employee shall
earn vacation leave at the rates shown in the schedules outlined below. Use of vacation leave will be
charged against a member's bank of accrued time on an hour for hour basis. A bargaining unit member
shall, upon termination of employment with the City, be paid for unused accumulated vacation leave.
For all bargaining unit members:
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+ 200
27
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) consecutive shifts 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.
Section 4. Requests for emergency vacation leave shall be individually considered by the
Chief of Police.
Section 5. No member shall be denied vacation nor shall vacation privileges be suspended or
canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined
in this Agreement.
Section 6. All sergeants shall receive, in addition to the existing vacation accruals, 60 hours
of personal time (non - accumulative and cannot create an overtime situation). Denial of a request for
usage is not grievable.
Section 7. Personal time is to be used in the same manner as vacation, however, personal
time shall not be accumulated from year to year and shall not be included in termination pay.
28
ARTICLE 19
HOLIDAYS
Section 1. Holidays will be in accordance with the City of Boynton Beach Personnel Policy
Manual.
Section 2. Holiday pay will be at time and one half (1.5) times regular pay for all members
of the bargaining unit whether or not the holiday is worked.
Section 3.
A. Holiday Conversion. Under this Article a member may elect not to receive holiday pay
as outlined in Section 2 above, but instead to have the equivalent straight time holiday
hours added as a lump sum to their accrued vacation balance.
B. Members who sign up for this section must do so between October 1' and October 31 of
each contract year via memo to the Division Commander.
C. Members exercising this option for conversion will be paid only straight time for the
hours worked on the holiday.
D. Members leaving service with the Department and City who participated in the Holiday
Conversion plan will owe the City for those holidays for which they were already
compensated either through loss of vacation credits or deduction from funds due from the
City.
E. Members may elect to take the holiday off and at their option deduct eight (8) hours
vacation or take the holiday off without pay.
29
ARTICLE 20
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 21
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 it's 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 been 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).
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.
31
ARTICLE 22
UNIFORMS
Section 1. The City will supply those parts of the uniform that the City requires police
sergeants to wear on duty. The City will supply replacements for the 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 the approval of this Agreement, sergeants who are members of
the bargaining unit and assigned to plain clothes duty will receive a maximum of $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 This allowance shall commence from the date of assignment
on a pro -rate basis.
Section 3. Sergeants assigned to plain clothes duty for more than three (3) months at a time
will receive a 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. Plain
clothes Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the
uniformed sergeant. This will be paid at the end of each quarter of the contract year. This allowance
shall commence from the date of assignment on a pro -rated basis.
Section 5. Sergeants 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 sergeants
and pro -rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for
the normal cleaning allowance for sergeants.
32
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 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 bargaining unit employees is maintained by the City
Human Resources 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 Records destruction guidelines.
Section 5. All bargaining unit members covered by this Agreement must be notified within 24
hours in writing (E -mail is acceptable notification) when someone other than a City employee requests
to review the bargaining unit members' personnel /I.A. file.
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ARTICLE 24
HOURS OF WORK AND OVERTIME /COMPENSATORY
Section 1. The normal hours of work for bargaining unit members not assigned to the 11.5 hour
day shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours
per day. Time and one -half shall be paid for all hours worked over forty (40) per work week.
The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. §
785.48.
Example:
6:53 — 7:07 = 7:00
7:08 — 7:22 = 7:15
7:23 - 7:37 =7:30
7:38- 7:52 =7:45
Section 2. No work schedule, days off, hours of work, etc., shall be changed primarily for
the purpose of avoiding the payment of overtime.
Section 3. No person shall be required to work more than sixteen (16) hours at one (1) time,
except in a declared emergency. For the purposes of this section and this agreement, an emergency shall
be a natural disaster, (flood, hurricane, etc.) or man -made disaster (riot, mass civil unrest, etc) or other
incident which directly threatens the health and safety of the citizens of Boynton Beach.
Section 4. One Sergeant per uniform services platoon per day will serve in the capacity of
Administrative Sergeant and shall be entitled to receive 30 minutes of overtime pay for performance of
tasks generic to their position such as organization, shift preparation and review of subordinates work,
provided they arrive to work 30 minutes prior to their scheduled shift.
Section 5 Compensatory Time
Members of the Bargaining Unit shall have the option of accumulating a maximum of one
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hundred (100) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit
member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated,
will be paid the balance of all unused compensatory time. If not utilized by August 31, earned and
accumulated Compensatory time shall be paid in September of the fiscal year. At the end of the fiscal
year, all balances revert back to zero and begin new accrual for the new year.
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ARTICLE 25
SI1II T SELECTION
Section 1. The Chief of Police or his /her designee shall have discretion to determine the
number of persons assigned to each shift and division within the Department.
Section 2. The City may designate the number of slots assigned to each shift. Thereafter the
employees shall choose slots by seniority. The Department shall have discretion to change the
probationary sergeant(s) for training purposes. The right to select shift shall not apply to probationary
sergeants.
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ARTICLE 26
SENIORITY
Section 1. Seniority shall be computed from the date of promotion to sergeant. If two (2)
sergeants have the same date of promotion, the date of initial appointment to the service of the City as a
police officer shall be the determining factor.
Section 2. Seniority shall accumulate during all authorized leaves.
Section 3. Seniority shall be the determining factor for the selection of vacations and
overtime assignments.
Section 4. The City shall have the right to determine the number of sergeants assigned to
each division and each shift.
Section 5. 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.
37
ARTICLE 27
TRANSFERS AND SHIFT CHANGES
Section 1. No member shall be transferred nor have his /her shift or schedule changed,
without 48 hours notice, including days off, except in time of emergency, or as elsewhere defined in this
Agreement.
Section 2. Members may request to exchange shifts, provided that the exchange is approved
by the member's supervisor. Such approval shall not be unreasonably withheld. The City shall not be
obligated to pay overtime to accommodate the exchange.
38
ARTICLE 28
GROUP INSURANCE
Section 1. The City shall 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 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 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 than 15% during any fiscal year, the City agrees to open this Article for
the purpose of impact 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 an insurance 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
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 insurance advisory committee.
Section 3. Life Insurance
Members of the bargaining unit shall be covered by $35,000 of group life insurance with the
premium paid by the City.
39
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.
40
ARTICLE 29
TRAINING AND TUITION REIMBURSEMENT
Section 1. All training required of the sergeant 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.
Section 2. Weapons Training
The content and course of weapons training will be established by the Chief of Police. Each
member will be allowed three opportunities to meet prescribed qualification standards. If the sergeant
does not qualify in three attempts, they will be required to qualify on their own time and expense to
remain eligible for employment as sergeants.
Section 3. College Tuition Reimbursement
A. 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 degree with a
curriculum directly related to the Police profession.
41
The Chief will make a recommendation to the City Manager who will have final
approval for the courses, degree program and payment.
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.
Section 4. The City shall provide reimbursement for authorized expenses associated with
training and special schools attended by the officer through approval of the Department.
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ARTICLE 30
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1. 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.
Section 2. In the event the City intends to amend or revise an existing rule or intends to
implement any new rule, it shall give notice to the PBA as required by law and this Agreement
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ARTICLE 31
SPECIAL DETAILS
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.
44
ARTICLE 32
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 (1 0) 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 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
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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 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 arbitrators panel provided by the FMCS. Failure to strike the arbitrators
46
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 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.
47
ARTICLE 33
PAST PRACTICES
All employment practise_ listed below shall remain in effect
A. Locker room shower, gym
B. Shoes every six (6) months.
C. Provide weapons, equipment, gear appropriate to assignment.
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
48
ARTICLE 34
ENTIRE AGREEMENT
The Parties agree that this Agreement constitutes the full and complete understanding of the
Parties. This Agreement cannot be changed or altered unless it is by mutual consent by both Parties, in
writing.
49
ARTICLE 35
PERSONAL 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.
50
ARTICLE 36
QUALIFICATIONS FOR A BARGAINING UNIT POSITION
Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows:
A. Five (5) years of continuous experience as a law enforcement officer with the City of
Boynton Beach.
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.
B. Must possess on effective date of hire and thereafter maintain FDLE certification.
C. Must possess on effective date of hire and thereafter maintain a Florida driver's license.
D. All Sergeants shall serve a one (1) year probation from the date of the appointment.
During a Sergeant's probationary period, a Sergeant is subject to removal from
appointment without statement of cause.
E. A promoted Sergeant removed from his /her position during probation shall be reassigned
to the position from which (s)he was promoted.
51
ARTICLE 37
TEMPORARY ASSIGNMENT
Section 1. Sergeants acting in the capacity of Watch Commander shall be paid seven percent
(7 %) above the sergeant's regular rate of pay.
Section 2. The provisions of this Article shall not apply to persons performing other than
regular road patrol duties, including details.
52
ARTICLE 38
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. All new promotions will have a one (1) year probationary term.
53
ARTICLE 39
DURATION OF AGREEMENT
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.
54
ARTICLE 40
TAKE HOME VEHICLES
All bargaining unit members residing with twenty (20) miles of the City limits shall be provided a
take -home car. Assigned vehicles shall be used for work purposes only.
55
ARTICLE 41
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 and is not enrolled in the DROP plan will
receive this payment on October 1, 2007. All other employees will receive this payment upon their
actual 25 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.
Employees in the DROP plan are not eligible for longevity pay
56
Agreed to this / day of , 2013 , by and between the respective
parties through the . ithorized representatives of the PBA and the City.
i
`, PALM BE ' H COUNTY POLICE
BENEVO , 11NT ASSOCIATI9 Y
1 0 - ' i L, k ,) Y.
I\
... 1 B
.
ess Joh AV , • 4'resident ) t �" , Atli I'1i
Witness ✓ ary Li :q} man, • -neral Counsel
CITY OF BOYNTON B . H
C�y)t/Yi � � BY: y 1 /'
Witness ■ e — Je - y ayoar
(p
i.' _t _ k. t_ . k 1 t'V { VIAl 0 0 01-Y 0 ` Witness ATTEST:
iii Th. b ' *
41 A
t3 I
et M. Prainito, CMC 0v ity Clerk
T O N 6
_ c ,/
APPROVED AS TO FORM: / / � 4 Ci i v" anage — Lori LaVerriere
City 'Forney
Ratified By City Commission Ratified by Union
Jae 18 4013 �- 3 2 Cn 3
Date Date
57