R94-012RESOLUTION NO. R94-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE 1993/95 AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND POLICE LIEUTENANTS
FRATERNAL ORDER OF POLICE; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGP~EMENT, ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton~ Beach
deems it to be in the best interests of the citizens and residents
of the City of Boynton Beach, Florida, to enter into an Agreement
with the Police Lieutenants Fraternal Order ~f Police.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COF~MISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida ~oes hereby ratify the 1993/95 Agreement between the
City of Boynton Beach, Florida and the Lieutenants Fraternal Order
of Police, and authorizes and directs the Mayor and City Clerk to
execute said Agreement, which is attache~ hereto as Exhibit "A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this /~ day of January, 1994.
CITY OF BOY,TON BEACH, FLORIDA
ATTEST:
Ci~ Clerk
(Corporate Seal)
Authsig.doc
Lt. CBA
12/28/93
1/11/94
Article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
TABLE OF CONTENTS
Preamble ..................................
Recognition ...............................
No Strike or Lock-Out .....................
Non Discrimination ........................
Dues Deduction.~ ..........................
Union Time Pool ...........................
FOP Representation ........................
Bulletin Boards .............................
Investigation...
On
rms ..................
Records ..........
Health ............
Facilities ..........
rk and Overtime .......
t.ion ..................
lrsement ............
.es, Rules & Regulations.
Employment .............
Arbitration Procedures.~
Page
1
2
3
4
5
6
7
9
10
11
15
16
18
19
20
22
23
24
25
26
28
30
32
33
35
37
38
4O
41
42
43
44
45
46
47
48
49
50
51
55
56
57
58
60
61
62
64
65
66
PREAMBLE
Section 1. This agreement is entered into by and between the
City of Boynton Beach, Florida, hereinafter referred to as the
"Employer" or
of Police, hereinafter referred to as the "FOP" or the "Union".
is the intent and purpose of this Agreement to issue a sound
mutually beneficial working and economic relationship between
"City", and the Florida State Lodge, Fraternal Order
It
and
the
parties hereto; to provide an orderly, prompt and peaceful means of
resolving disputes involving interpretation or application of this
Agreement; and to set forth basic and full agreement between the
parties concerning wages, hours, terms and conditions of
employment.
ARTICLE 1
RECOGNITION
Section 1. The City of Boynton Beach hereby recognizes the FOP
as the exclusive collective bargaining agent with respect to wages,
hours and other terms and conditions of employment fo~ all
employees in the bargaining unit.
Section 2~ ~he bargaining Unit for-which this.recognition is
accorded is as defined in ths certification granted by %he:~ublic
Employees Relations Commissionand comprises ali.full-t, ime police
lieutenants, except those lieutenants assigned as the public
information officer with the City of Boynton Be'ach. Excluded are
all other employees of the City.
-2-
AR~.T~ICLE 2
NO STRIKE OR LOCK-OUT
Section 1. The Union agrees that during the term of this
contract, it will not call, countenance or encourage any strike as
defined by State law and will not thereby interfere with the
efficient management of the City.
Section 2. The City agrees that during the term of this
contract, it will not lock out members of the bargaining unit.
Section.3. The City recognizes the right of the Union to engage
in lawful informational picketing, provided that there shall be no
interference with the full and unrestricted right of persons to
enter and leave city property.
-3-
ARTICLE 3
NON-DISCRIMATION
Section 1.
against, as
employment because of
origin, marital status,
membe~s~hip i~ the Union.
It is~agreed that.~o employee shall be discriminated
prescribed by State or Federal laws.,' in their
race, creed, color, sex, age, national
physical handicap or membership or non-
Section~. Any claim of discrimination by an employee under
this Section may be brought with the appropriate governmental
agency.
-4-
ARTICLE 4
DUES DEDUCTION
Section 1. Any employee covered by this Agreement may authorize
a payroll deduction for the purposes of paying Union dues. Such
authorization shall become effective upon acceptance by the City of
a fully'e~ecuted dues deduction form from the.employee. Employees
who are curre~tly~members of the bargaining unit need not execute
a new dues authorization card.
Section 2. The Union will notify the City as to the amount of
dues. Such notification to the City shall be from an official of
Changes in Union membership dues will be certified to
least thirty (30) days prior to the effective date of
the Union.
the City at
the change.
Section 3,
Dues will be deducted each pay period and such
monies shall be remitted to the Union treasurer once per month, not
later than fourteen days after the end of the month.
Section 4. The effective date of deducting dues shall be the
beginning of the pay period following the day the dues deduction
form is signed. The effective date for stopping dues deduction
shall be at the beginning of the pay period thirty (30) days
following the date the revocation form is received by the City.
Section 5. The Union will indemnify and hold harmless the City
against any claims brought based on payroll deductions of dues as
provided in this Article.
ARTICLE 5
UNION TIME POOL
-Section 1, rThe City shall create a time pool of ninety-six (96)
hours for utilization.of designated union representatives for the
conduct of uniQn business within and outside of the City.
~ Sect£on 2.~ _In,.addition, members of th~ ,~argain£ng~ unit may
do'nate in twoL(~2) hourincrements~andnot~mor~than ~ight~8) per
year of vacation time to the time pool on a
City.
Section 3-. Union representatives shall
form designated by the
he.released from duty
upon reasonable notice to the Department and approval of the
division or bureau commander or lieutenant. If the needs of the
Department do not permit the release of a particular employee as
requested, the release of an alternative member during the desired
time shall be provided.
-6-
A~TICLE 6
FOP REPRESENTATION
Section'l. Neither party in negotiations shall have any control
over the selection of the negotiating or bargaining representatives
of the other party. The parties shall, at their first bargaining
session, exchange a list of bargaining team members.
Section 2. The City shall recognize up to two (2) FOP
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 but the time for more than two (2) representatives will be
charged to the Union Time Pool. The City shall not be required to
provide overtime to any employee attending negotiations.
Section 3. The parties agree that the FOP may establish a
system of stewards providing for a chief steward and an individual
steward on each shift and division represented by the bargaining
unit. Stewards on duty shall be permitted reasonable release time
with pay upon approval of the division commander for the purpose of
processing any individual grievance or assisting employees at
investigatory or disciplinary interviews.
Section 4.
within the
shall not
command. A representative may not refer an issue outside
department without first presenting it to a senior staff
In acting in their capacity as FOP representatives
Department and not on behalf of themselves, employees
be obligated to observe the departmental chain of
of the
officer
-7-
who shall be either a captain or deputy chief. This shall not
relieve employees from observinq the departmental chain of command
except for receiving approval of release time with regard to their
duty-~elated activities., notwithstanding their posi~ion as an FOP
~representative.
ARTICLE 7
BULLETIN BOARDS
Section 1. The Union shall be provided with the use of a
Lieutenant's Union bulletin board space at one (1) location in the
police building.
Section~2. The Union agrees that it shall use the space on the
bulletin boards only for the purposes of posting notices of Union
meetings; notices and results of Union elections; reports~of Union
committees; rulings or policies of the Union; recreational and
social affairs of the Union, and notices by public bodies.
-9-
ARTICLE 8
INFORMATION REQUESTS
Section 1. The City agrees to furnish to the Union president or
designees, upon request at City cost, documents such.as agendas,
minutes, financial reports, etc.,.of
Service Board~ City Commission, and any other_body of~the City
whose~activities may impact on terms and conditions of employment
of bargaining unit members. Access to any o~her records shall be
governed by Florida Statutes, Chapter 119.
ARTICLE 9
RIGHTS OF LIEUTENANTS UNDER INVESTIGATION
Section 1. Whenever a lieutenant employed by the City of
Boynton Beach is subject to interrogation by members of his agency
for any reason which could lead to disciplinary action, demotion or
dismissal, such interrogation shall be conducted under the
following conditions:
A. The interrogation shall be conducted at a reasonable hour,
preferably at a time when the lieutenant is on duty, unless
the seriousness of the investigation is of such a degree that
immediate action is warranted.
B. The interrogation shall take place in the Boynton Beach Police
building.
C. The lieutenant under investigation shall
rank, name and command of the
investigation, the interrogating
present during the interrogation.
be informed of the
officer in charge of the
officer, and all persons
All questions directed to
the officer under interrogation shall be asked by and through
one (1) interrogator at any one (1) time.
The lieutenant under investigation shall be informed of the
nature of the investigation prior to any interrogation and he
shall be informed of the names of all complainants. Before
any investigative interview, the lieutenant under
investigation may review the complaint and all written or oral
statements made by the complainant and witnesses prior to the
-11-
Ee
beginning of the investigative interview.
Interrogation sessions shall be for reasonable periods and
shall be timed to allow for personal necessities and rest
periods.
F. The lieutenant under investigation shall not be subjected to
offensive language or be threatened with transfer, dismissal,
or disciplinary action. No promise or reward shall be made as
an inducement to answer any questions.
G. The formal interrogation of a lieutenant, including all recess
periods, shall be recorded and there shall be no unrecorded
questions or statements.
H. If the lieutenant under interrogation is under arrest, or
likely to be placed under arrest as a result of the
interrogation, he shall be completely informed of all rights
prior to commencement of the interrogation.
I. At the request of any lieutenant under investigation, he shall
have the right to be represented by counsel and any other
representative of his choice who shall be present at all times
during such interrogation.
J. An employee shall not be obligated to give a second general
statement concerning the same facts elicited in an original
statement. This will not preclude subsequent statements from
being taken for the purpose of clarifying specific points or
when additional information has come to light in the interim.
K. No mechanical devices, including, but not limited to,
polygraphs, psychological stress evaluators, etc., shall be
-12-
forced on an employee, nor shalldisciplinary action be taken
against an employee who refuses to submit to such testing.
Section 2. All complaints against an employee shall be
concluded by a finding as outlined by the Florida Department of Law
Enforcement Division of Professonal Standards and Training.
Section 3. No dismissal, demotion, transfer, reassignment, or
other personnel action which might result in the loss of pay or
benefits or which might otherwise be considered a punitive measure,
shall be taken against any lieutenant unless such lieutenant is
notified of the action and the reason or reasons therefore prior to
the effective date of such action.
Section 4. No lieutenant shall be
demoted', denied promotion, transferred,
discriminated against in
with any such treatment,
granted in this part.
Section 5. The parties
discharged, disciplined,
reassigned, or otherwise
regard to his employment, or threatened
by reason of his exercise of the rights
agree that discipline for 'cause is
necessary in order to promote efficiency and improve the quality of
service. No member shall be subjected to derogatory or demeaning
remarks, yelling, or swearing at any time. Bargaining unit members
shall not be disciplined in front of peers, subordinates or the
public.
Section 6. No member shall be compelled to participate in the
investigation of a citizen complaint or complaint from an outside
agency unless the complainant has first sworn to the truth of the
allegations and the complaint is processed in accordance with
-13-
current departmental complaint procedures. An outside complaint is
considered any complaint or allegation initiated by someone not
employed by the City of Boynton Beach Police Department.
ARTICLE 10
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 ~heir employment; provided, however, that the City shall
not be required to pay a judgment when it has been established by
a jury or court that the employee willfully, wantonly or in
reckless disregard of the rights of others.
ARTICLE 11
MANAGEMENT RIGHTS
Section t.
The Union recognizes that the City has the exclusive
right to manage and direct the Police Department. ~Specifically,
but not by way of limitation, the City retains~the exclusive right
to:
A~.~ Hi~e, promote, a.ccordancewith
the City Beacf Civil Service Rules and
Regula%ions.
B. Discharge and suspend employees for cause.
Ce
Transfer employees from one location to another, one
shift to another, or one starting time to another.
De
Establish and change the starting and quitting times and
the number of hours and shifts to be worked.
E. Assign and reassign employees.
Schedule and change the work to be performed
employees.
Formulate, implement and change Departmenta~ policy,
rules, regulations, and directives which are not in
conflict with the specific provisions of this Agreement.
Introduce new services, procedures, materials, facilities
and equipment.
Mandate physical, medical, and drug testing in accordance
with law. The City agrees to use State Certified
Laboratories for all drug testing.
Ke
Determine and change the equipment and materials provided
to or not provided to employees.
Add to or change the qualifications necessary for any job
classification.
Create, alter or disband any units based upon the
needs of the Department as determined by the Police
Chief.
-16-
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 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 prior to resolution of the impact
bargaining.
-17-
ARTICLE 12
DISCIPLINE AND DISCHARGE
Section 1. Employees may be disciplined only for just cause.
No employee shall be disciplined without notice of~ the charges
setting forth the basis-for such discipline.
Section 2. Employees shall have the opportunity to have said
d~sciplinary action,reviewed by the~ Civil Service Board or through
the grievance arbitration procedure established in this contract,
but not both.
Section 3.
disciplinary
Accordingly,
unless a final
Chief within
investigation.
The parties recognize that timeliness of
action is an essential element of due process.
no employee shall be subjected to disciplinary action
disciplinary recommendation is made by the~ Police
fourteen (14) days of the conclusion of the
-18-
There shall be no
ARTICLE 13
SUBCONTRACTING
subcontracting for the life of this Agreement.
-19-
ARTICLE 14
RATE OF PAY
Section 1. Effective October 1, 1~93, all members of the
bargaining unit will receive a four (4%) percent across the board
cost of living increase for fiscal year 1993/94. A cost of living
adjustment shall be negotiated by the parties for fiscal year
1994/95.
For fiscal year 1993/94 (October 1, 1993 - September 30, 1994) all
employees covered by this Contract shall remain frozen at their
grade and step level as of October 1, 1991, subject to the COLA
adjustment referenced herein or any promotional increases. No step
plan increase shall be paid or accrued for fiscal year 1993/94.
Effective October 1, 1994, all members of the bargaining unit shall
be advanced in the pay scale at the rate of five (5%) percent per
step to that step which they would have occupied had they not been
previously frozen in their steps. Exhibit "A" attached hereto
reflects the adjustment for each bargaining unit member, each
member to be compensated at the rate of pay reflected therein,
effective October l, 1994. Effective October 1, 1994, all future
steps will be at the rate of two (2%) percent per year, on the
anniversary date of each member, subject to the existing approval
policy. The parties agree that the pay plan shall be open for
negotiation for all subsequent years of this agreement, provided
however, that the two (2%) percent steps shall remain in effect
until the parties agree otherwise.
-20-
Ail members of the bargaining unit waive any claim for back
pay resulting from the merit/step freezes previously imposed.
The parties agree that the provisions of this Article control
over any other provision contained in this Agreement or in the
City's Civil Service Rules and Regulations.
The parties agree that this Agreement resolves all pending
disputes between the parties regarding past wage or merit claims,
including but not limited to the issues raised in Palm Beach County
~Circuit Court Case CL 93-2946 AO. F.O.P. shall, upon ratification
of this Agreement, prepare and file a Voluntary Dismissal with
Prejudice of Palm Beach County Circuit Court Case CL 93-2946 AO.
Each party shall bear their own attorney's costs in that action.
ARTICLE 15
ON-DUTY INJURIES
Section 1. When an employee is totally disabled from duty for
a period of no more than seven (7) calendar ~days because of an
injury determined to be compensated under the provisions of the
Worker's Compensation Act, the employee shall be entitled-to full
regular pay. If the period of disabilityis.greater tha~.seven (7)
calendar days, the employee will be eligible to receive a sum of
money up to an amount equal to the difference between hi~/her
Worker's Compensation check and his/her normal net take.home pay.
Section 2. If the period of disability is greater tha~ 180
days, the City may ask the Pension Board to review said employee's
disability case for retirement due to disability.
Section 3. After 180 days of disability, the employee shall be
examined by a physician selected and compensated by the City to
determine the likelihood of recover. If the medical report
indicates a likelihood of recovery, the employee may receive up to
180 days additional disability leave with an interim explanation at
the conclusion of 270 days disability leave. If the medical report
indicates the employee is permanently and totally disabled as a
police officer, the City shall be authorized to terminate the
employee for physical inability to perform.
Section 4. The City shall endeavor to proyide light duty police
work for employees disabled in the line of duty.
-22-
ARTICLE 16
CALL-BACK PAY
Section 1. In the event that a lieutenant is recalled to duty
anytime outside of his/her regular working hours, the employee
shall be compensated for the actual time worked but in no event
less than three (3) hours at time and one-half (1 1/2) the
employee's regular rate of pay.
Sectioa 2. Employees will be called back to duty on the basis
of seniority in the rank of lieutenant. The lieutenant with the
most seniority as a lieutenant will be offered the opportunity
first. If that person is not available, or turns it down, the next
Lieutenant with the most seniority as a lieutenant will be offered
the opportunity.
continue until the
volunteers for the
assign the duty by
This manner of offering the opportunity will
last lieutenant is reached. If no lieutenant
assignment, the City shall have the right to
inverse seniority.
-23-
ARTICLE 17
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 pa.id a m~nimum Of three (3)
hours per.day at time and one-half
rate of pay, unless such court
employee's regular working hours.
Section 2. If court appearance
(1 1/2) the employee's~.regular
appearance occurs during the
is. contiguous with the end of
the employee's shift, court time shall be compensated as any other
over time assignment.
ARTICLE 18
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 and
any permanent family member of the household such employee shall be
entitled to paid compassionate leave not to exceed three (3)
consecutive calendar~ days for any one death. However, if it is
necessary for the employee to leave to State in connection with the
internment of the deceased, five (5) days compassionate leave shall
be allowed. Additional leave may be authorized by the Chief or
his/her designee on a case-by-case basis, except that such
additional leave shall be debitE
sick or annual leave.
Section 2. Employees must v
internment in writing in order 1
this Article. The City Manager
this Section, except that such
against the employee's accrued
d against the employee's accrued
)rify attendance at out-of-state
.o be eligible for benefits under
may grant additional leave under
Ldditional leave shall be debited
ick or annual leave.
ARTICLE 19
SICK LEAVE
Section 1~ Employees will earn ninety-six (96) hours
leave per year at the rate of eight (8) hours per month.
of ~sick leave will be in
Reg.ulat~ons.
Section-2.
(120) hours of
Employees who
sick ~eave as
of sick
~The use
accord with the Civil Service Rules and
have more ~than one hundred twenty
of October 1, 'of any~ontract,¥ear,
may convert 50% of the excess over one hundred twenty (120)~hours
to a cash straight time payment not,to exceed.one hund~ed~ ,(~100)
hours in the contract year. Those hours over one hundred twenty
(1203 hours not converted in this contract year may be converted in
the next. contract year. This provision shall not be applicable for
fiscal year 1993-95 and shall be subject to the collective
bargaining process for subsequent fiscal years.
Section 3. It shall be the policy of the City to permit an
employee the opportunity of donating accrued sick leave time,
provided the contributing employee has 120 hour~ accrued sick
leave, to a designated employee whenever extraordinary
circumstances require the designated employee to be absent from
work for a lengthy period of time, and when the employee has
exhausted all accrued sick leave and annual leave to the equivalent
of his/her current annual earned vacation rate. Extraordinary
circumstances shall be defined as lengthy hospitalization, critical
illness, or injury. When there appears to be a need to share sick
-26 -
leave in accord with this Article, the Union Steward will prepare
a list of bargaining unit members who are willing to contribute
sick leave hours, confirm through the Finance Department that the
hours are available and submit the list to the Personnel Office for
proper charge to sick leave records. Time used will be used in
order listed on appropriate form supplied by the Union Steward.
Section 4. Sick leave for medical appointment can be scheduled
more than 48 hours in advance and cannot be changed by the
Department except in the event of a clear need by the Department.
Section 5. No member shall be placed on restricted sick leave
prior to being counselled by the division commander informing the
~member Of the reasons and allowing them an opportunity to explain
the situation. If after counseling a problem continues, the member
will be notified in writing and placed on restricted sick leave.
A member will be on six leave for a maximum of six (6) months. At
the end of six months, the member will be advised in writing if the
Department intends on ex~ending the restricted sick leave.
Section 6. At the employee's option, the employee may convert
excess sick time as defined in accordance with Section 2 to
vacation time not to exceed forty (40) hours, to be transacted in
the first month of the calendar year.
-27-
ARTICLE 20
VACATION
Section:l. ~ Vacation
Civil Service Rules.
Section 2.
Section 3.
(48) hours
shall~be~accrued in ,accordance with the
Seniority will prevail in the granting of vacations.
~Vacationreques~s may De submitted from forty.:eight
to thirty (30)~days ~in~advance~ In the e~ent~of, dual
requests for vacation dates, the senior member's request- shall
prevail if it was submitted twenty one (21) days prior to the date
or dates requested. Vacations of,three (3) days or less may be
-made within twenty-four (24)hours advance notice, provided that
the City incurs no overtime in the granting of such request.
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
capricious.
Section 6.
rights under this
Ail Lieutenants
existing vacation accruals, 32
Section shall not be arbitrary or
shall receive in addition to the
hours of personal time which may be
used in four hour increments (non-accumulative and cannot create an
overtime situation).
-28-
AR~t~LE 21
HOLIDAYS
Section 1. Holidays will be in accordance with the Civil
Service Rules and Regulations in effect as of October 1, 1990.
Section 2. Holiday pay will be at one and one-half (1 1/2)
times the employee's regular rate of pay, whether or not the
holiday is worked.
Section 3.
A. Holiday Conversion. Under this Section a member may
elect not to receive holiday pay as outlined in Section
2 above, but instead to have the equivalent straight time
holiday hours added as a lump sum to their accrued
vacation balance.
Members who sign up for this section must do SO between
October 1st and October 31st of' each contract year with
the Bureau of Administration.
Members exercising this option for conversion will be
paid only straight time for the hours worked on the
holiday.
Members whose regular days off are on a holiday will
receive their normal weekly pay.
Members leaving the service who participated will owe
the City for those holidays they were not on the payroll
either through loss of vacation credits or deduction from
funds due from the City.
-29 -
Members may elect to take the holiday off and at their
option deduct eight (8) hours vacation or take the
holiday off without pay.
ARTICLE 22
FUNERAL EXPENSES
Section 1. The City will make a reasonable payment of funeral
costs to the beneficiary of bargaining unit employees killed in the
line,of duty not otherwise provided by State or Federal law.
Section 2. All employees shall, on a form to be supplied by the
Personnel Director or his/her designee, designate by name and
address, ~he individual to whom such funds are to be paid.
ARTICLE 23
MEDICAL EXPENSES
upon proper
from public
Statutes.
Section 1. ·
Option 1. Members will receive and shall be obliged to take an
annual electro-cardiogram and physical examinations by
licensed physiCian-approved by the City.~ If ~he City. selected
doctor is used, scheduling shal~ be at the discretion of the
Department and the results will become part of the employee's
permanent record. Said medical records shall be e~empt from
public inspection, as provided by Chapter 119,. Florida
Statutes. The City shall bear the cost of the examination.
Option 2. A member may elect his/her own private physician if
approved by the City and the City is obligated to pay only a
portion of the fee not to exceed One Hundred ($100) Dollars
receipt. Said medical records shall be exempt
inspection, as provided by Chapter 119, Florida
Section 2.
Hepatitis,
Tuberculosis,
Any condition of disability 'resulting from
Acquired Immune Deficiency Syndrome (AIDS),
Meningococcal Meningitis, or Herpes Simplex I,
established to have been occurred in the line of duty shall be
covered the same as other duty injury.
Section 3. Beginning at the age of 30 and every other year
thereafter, the employees shall be provided a twelve lead EKG and
cardiac stress test to be paid for by the City and to be performed
-32 -
at a City designated
series shall also be
members at no cost to
medica~facitity. A hepatitis "B" vaccine
offered by the City to all bargaining unit
the member.
Section 4. At the members
and/or Hepatitis screen at the time of
cost to be paid for by the City. The
shall remain confidential.
Section 5.
for the Range
discretion he may request an AIDS
his annual physical. The
results of the AIDS test
The City shall bear the costs involving lead testing
Instructor(s).
ARTICLE 24
UN I FORMS
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 b¥.%he Chief of Police,
and if adequate funds are available i.n 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 a maximum of $1,000.00 per contract year,
paid in $250 installments at the end of each quarter and pro-rated
as appropriate when assigned during each quarter to plain clothes
duty. 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.
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.
issued uniform
The City will bear the cost of cleaning ten (10)
pieces per week for the contract year. The City
shall notify those employees that are eligible, to take their
uniforms only to the approved dry cleaning establishment in the
City. Lieutenants assigned to plain clothes duty will be given a
cash .~¢leaning supplement reasonably equivalent to that of the
Lieutenant. ~his 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.
ARTICLE 25
TRAINING
Section 1~. All training required of the lieutenant by the
Police Department when off duty shall be compensated at the rate of
time and one-half (1 1/2) the employee's ~regula~ rate of pay.
Section 2. The Police ~Chief~will decide on~t, he Depar~ent's
training program according to his judgment of the needs and
requirements and potential,for each member of the Department.
ARTICLE 26
PERSONNEL RECORDS
Section 1. Within the limits of and in accordance with the
provisions of the Public Records Law, all personnel records shall
be kept confidential and not released to any person except
authorized City officials or in response to a subpoena, unless the
City receives a written authorization from the member in regard to
the personnel records.
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. 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.
Section 3. A personnel file for all City employees is
maintained by the City Personnel Department. The City will purge
these files of disciplinary actions in accord with the appropriate
Florida State Statute. The purging will take place when the
Personnel Department notes that it is time for a record to be
purged or when an employee, in writing brings the matter to the
attention of the Personnel Director. An employee may request, in
-37 -
writing, that specific items be kept in his/her Personnel file.
Section 4. All citizen complaint files and Internal Affairs
investigations will be governed by Florida State Statutes and the
Public Record destruction guidelines.
-38-
ARTICLE 27
SOLICITATIONS
NO member shall be forced to attend or participate in solicitations
for monies, membership or sales by any outside group (charities,
insurance companies, religious organizations, etc. while on duty
or at roll call.
-39-
ARTICLE 28
SAFETY AND HEALTH
Section 1. The Clty agrees-that it will conform to all State
and Federal laws concerning safety, health, sanitation and working
when said laws are specifically applicable to public
conditions,
employees.
Section 2. Protective devises, wearing apparel and other
equipment necessary to protect employees from injury shall be
provided and maintained in proper working condition by the City at
no cost to the employee.
-40-
ARTICLE 29
USE OF CITY FACILITIES
The FOP shall be entitled to the use of City facilities to conduct
Union business at the same cost assessed to other groups or other
Police Department activities.
-41-
ARTICLE 30
HOURS OF WORK AND OVERTIME
Section
shall be five
Section 2.
The normal hours of work for'bargaining unit members
(5) days per week at eight (8) hours per:day.
No work schedule, days off, hours of work, etc.,
shall bechanged primarily for the purpose of avoiding the payment
of overtime.
Section 3.
sixteen (16)
No person shall be required to work more than
hours at one (1) time, except in a declaredemergency.
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. Any employee who works in excess of the normal work
day or the normal work week shall be entitled to pay, for those
hours in excess of the normal work day or the normal work week, at
the rate of time and one-half (1 1/2) the employe~'s regular rate
of pay.
-42-
ARTICLE 31
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 CLty may designate the number of slots assigned
to each shift. Thereafter the employees shall choose.slots by
seniority. The Department shall have discretion to change the
junior sergeant for training purposes. The right to select shift
shall not apply to probationary lieutenants.
-43-
ARTICLE 32
SENIORITY
Section 1. Seniority shall be computed from the date of
promotion to sergeant. If two (2) lieutenants have the same date
of promotion, the date of initial appointment to the service of the
~.City_as a police~officersha!~ be~thedetermining factor~
Sec%ion~2~ ~ ~Sen.iority shatl accumulate during ail authorized
leaves.
SeUtion 3. Seniority shall be the determining factor for the
selection of vacations and overtime assignments.
Section 4. The
number' of lieutenants assigned
Section 5. For
in personnel the
Classes will displace Junior Classes.
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.
City shall have the right to determine the
to each division and each shift.
lay-offs and other non-disciplinary reductions
foregoing procedure shall apply that Senior
An example would be: if a
ARTICLE 33
TRANSFERS AND SHIFT CHANGES
Section i. No member shall be transferred nor have his/her
shift or schedule changed, including days off, without forty-eight
(48) hours notice, except in time of emergency, as elsewhere
defined in this Contract. If a member suffers a transfer or shift
~change, as defined .in this Aqreement, without forty-eight (48)
hours notice and without the consent of the employee, all time
worked on the first newly assigned shift or workday shall be at the
~overtime rate.
~Section 2. Members may request to exchange shifts, provided
that exchange is approved, which approval shall not be unreasonably
withheld, and the City shall not be obligated to pay overtime.
-45-
ARTICLE 34
GROUP INSURANCE
section 1. The City shall provide a Fifty Thousand Dollar
($50,000.00) life insurance Policy to all bargaining unit members
at no expense to the employee. The policy shall bear a double
indemnify provision for. death occurring, in the line of duty. This
shall be in .addition to any other~benefits required by,State or
Federal law.
SectTon 2. The City shall provide one hundred percent (100%) of
the cost of individual coverage in a group health insurance policy.
Section 3. The health and dental insurance coverage currently
~in.effect shall not be reduced through the life of this contract.
ARTICLE 35
TUITION REIMBURSEMENT
Section 1. The City shall provide an incentive in the form of
paid tuition and books for members who choose to attend an
accredited college or university.
Section 2. The member shall initially pay and be reimbursed by
the City upon presentation of documented completion of the course.
College and/or University program must be initially approved bythe
City Manager.
Section 3. Members attaining a grade of "A" or "B" shall be
reimbursed for 100% of the cost of a course. Members attaining a
grade of "C" shall be reimbursed for 50% of the cost of a course.
In the event that a course is a mandatory pass/fail course, a grade
of passing shall be treated as a satisfactory grade. Employees
shall receive no compensation for grades below a "C".
Section 4. Courses must lead to a degree in the fields of law
enforcement, criminal justice, public administration, or any other
similar police profession discipline that may, in the opinion and
with the approval of the City Manager enhance the member's
performance as a law enforcement officer.
-47-
ARTICLE 36
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 an~ rule sha.ll not be a~bitrary or ~apricious.
In the event of a Conflict~ between the rules and specific
provi~sions of this Agreement, the Agreement shall control.
Section 2. Nothing in this Section shall constitute a waiver of
the Union's right to impact bargaining as defined in Chapter 447,
Part'II, Florida statutes (the Florida Publ.ic Employee's Relations
Act). In the event the City wishes to amend, revise or implement
any new rule, it shall give ten (10) days notice to the Un~on.
ARTICLE 37
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
is paid for by a private entity, through the City of
employee which
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 eveat, only
Boynton Beach Police Department personnel shall be used.
-49-
ARTICLE 38
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1.
and the Union,
members of the
application
Agreement.
Sectioln 2. Grievances
following procedure:
Step 1.
Step 2.
A grievance is defined as a dispute between the City
or the City and one or more employees, who are
bargaining unit, concerning the interpretation or
of, or compliance with specific terms of this
shall be settled in accordance with the
An employee shall attempt to resolve any grievance
with the immediate supervisor within ten (10)
working days of its first occurrence or within ten
(10) working days from the time the employee became
aware of the cause of the complaint. A Union
steward may be present if so requested. Discussion
shall be_informal for the purposes of settling the
dispute. The decision of the immediate supervisor
shall be given orally to the employee no later than
ten (10) working days after the discussion.
If the grievance has not been resolved to the
satisfaction of the employee at Step 2, the
grievance may be reduced to writing on a standard
grievance form signed by the employee and presented
to the Captain within ten (10) working days after
the immediate supervisor's response was rendered at
-50-
Step 3.
Step 4.
Step 1. The Captain shall conduct a meeting with
the affected employee or employees and the Union
steward within ten (10) working days of receipt of
the written grievance and shall reply to the
affected employees and the Union in writing within
ten (10) days after the close of the meeting.
If the grievance is not settled to the satisfaction
of the employees at Step 2, the decision may be
appealed by presenting the written grievance to the
Police Chief not later than ten (10) days after
receipt of the decision by the Captain. The Police
Chief shall conduct a meeting with the affected
employees and Union steward within ten (10) working
days after receipt of ~he grievance and shall reply
to the affected employees and the Union in writing
within ten (10) working days following the close of
the meeting.
If the grievance is not resolved to the
satisfaction of the employee at Step 3, the Police
Chief's decision may be appealed to the City
Manager not later than ten (10)
receipt of the Step 3 decision.
shall meet with the affected
working days after
The City Manager
employees and the
Union steward within ten (10) working days
following receipt of the grievance and shall reply
in writing within ten (10) working days following
-51-
the close of the meeting.
Section 3. For the purposes of this Article, a working day
shall be 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive
of holidays observed by the City.
Section 4. Time limits set forth above
shortened by mutual agreement in writing.
may be lengthened or
In the event that the
Union ;or any .employee shall f~il to abide by the time limits
~provided herein, the grievance shall be deemed abandoned.
Section 5. In accordance with State law, the Union shall not be
obligated to process the grievance of a non-member.
Section 6. The Union shall havethe right to file grievances in
its own name in the third step of the grievance procedure or any
non-disciplinary matter involving the interpretation or application
of this Agreement.
Section 7. If any grievance is not satisfactorily resolved at
the City Manager level, the Union shall have the right to demand
arbitration within ten (10) days of receipt of the City Manager's
decision. Arbitration proceedings shall be conducted in accordance
with the American Arbitration Association procedures.
Section 8. The arbitrator shall have exclusive jurisdiction and
authority to resolve grievances as defined in this Agreement. The
arbitrator shall have the authority to issue subpoenas enforceable
in any court of competent jurisdiction and shall administer oaths
to all witnesses testifying in any proceedings.
Section 9. The arbitrator shall have no power to change, amend,
add to, subtract from, or otherwise alter or supplement this
-52-
Agreement or any part thereof or any amendment thereto.
Section 10. The findings of the arbitrator made in accordance
with this Agreement shall be final and binding on all parties. The
arbitrator's decision shall be in writing and shall set forth the
arbitrator's findings and conclusions on the issues submitted
unless otherwise agreed by the parties.
Section 11. The costs for.services of the arbitrator shall be
borne equally by the parties. Any employee who is a grievant in a
grievance proceeding shall have the right to attend the arbitration
at no loss of pay and time will be charged to the Union time pool.
Section 12. Either party to this Agreement desiring for a
transcript of the arbitration shall be responsible for the cost of
the transcript unless otherwise agreed to in writing by the
parties.
-53-
ARTICLE 39
PAST PRACTICES
Ail employment practices ~isted below shall
Lockers.
B.
C~
D.
remain in effect:
Locker room shower, gym.
Shoes every six (6) months.
Provide weapons, equipment; gear appropriate to
assignment.
E. Bullet proof vests.
F. Jackets, raincoat, boots.
G. Desk,space, office supplies.
H. Approved and required travel expenses.
I. Use of City vehicles for court when available.
J. Three (3) complete uniforms per year, as needed.
-54-
ARTICLE 40
ENTIRE AGREEMENT
The parties agree that this Agreement constitutes the full and
complete understanding of the parties.
ARTICLE 41
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 form 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.
-56-
ARTICLE 42
PROMOTIONS
Section 1. Ail testing for promotional positions shall be in
accordance with the City of Boynton Beach Civil Service Rules and
Regulations.
Section 2. Should the Department determine to utilize an oral
board as a component of the testing procedure, said board shall
consist of at least three (3) persons, who are law enforcement
officers of equal or greater rank from jurisdictions other than the
City of Boynton Beach.
Section 3. All decisions and scoring by the board shall be made
at the conclusion of the interviews and must be arrived at a joint
meeting.
Section 4. If possible, a Union representative who is not
eligible for promotion shall be present as an observer at all times
while the board is seated and charge time to the Union Time Pool if
on duty.
Section 5.
by any person
Whenever possible no numerical score shall be known
until the completion of the entire promotional
testing process. Where passage of a component of the test is a
necessary element of advancement to the next component of the test,
employees and assessing personnel shall be notified only that an
employee is eligible or not eligible to advance in the promotional
process whenever possible.
Section 6. Members passed over for promotion under the "Rule of
-57-
Three" as provided by the Civil Service rules and regulations of
the City may reapply for review to the City Manager whose decision
shall be final.
-58-
ARTICLE 43
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.
-59-
ARTICLE 44
TEMPORARY ASSIGNMENT
Section 1. Lieutenants acting in~the~capacity of Senior Staff
Officer shall be paid five percent [5%) above the Lieutenant's
regular rate of pay.
Section' 2~ The provisions of ~this Article shall not apply to
perSOn~p~rforming other than regular roadpatrol~ duties, ~ncluding
details.
-60-
ARTICLE 45
CHEMICAL TESTING
Section 1.
professional
there be a
alcohol).
Section2.
The FOP and the City agree that the maintenance of
standards and the public confidence requires that
work place free from substance abuse (including
Should any commander have a reasonable suspicion
based upon observable, objective factor to believe that a member of
the bargaining unit is under the influence of a controlled
substance, he may order the bargaining unit member to submit to a
chemical test in accordance with the provisions of this article.
Section 3~ Chemical tests may be performed either through
urinalysis, blood testing or hair cuttings. The choice of the test
shall be that of the employer. At the time a sample is drawn, the
sample shall be divided into two portions with a second portion
reserved for any necessary retests that may occur in accordance
with the provisions of this article.
Section 4. Ail tests shall first
of an EMIT screening procedure. In
be performed through the use
the event that the EMIT test
results in a positive finding for controlled substances the test
shall be confirmed through the use of a GCMS test. No test shall
be considered final until confirmed by a GCMS test.
Section 5. In the event that an employee is found to have a
positive test as confirmed by GCMS, the employee may utilize the
reserved sample for a confirmatory test to be performed at a
-61-
laboratory of the employee's choice. In the event that the
confirmatory test is positive, the employee may be subject to
disciplinary action. Any employee who, on his own initiative,
volunteers to participate in a substance abuse rehabilitation
program when such request to participateoccurs prior to a chemical
test, the employee shall be permitted to utilize accrued vacation
and/or sick leave to the extent that such sick leave exists during
the tenure of the rehabilitation program. Any employee
volunteering to participate in such a program shall not be
subjected to any disciplinary action.
Section 6. All records of chemical testing and participation in
rehabilitation programs shall be treated as medical records and
therefore exempt under the Florida Public Records Law.
Section 7. Nothing in this section shall prohibit the City from
directing that an employee submit to physical examination when the
employee has reason to believe that the employee is otherwise unfit
for duty.
Section 8. All chemical tests shall be performed in accordance
with accepted scientific standards for the collection of chemical
test samples and the requirements of chain of custody shall be
observed. Employees required to submit to a chemical test shall,
upon request, have the right to be accompanies by a union
representative at all stages of the testing procedure.
ARTICLE 46
MANAGEMENT PACKAGE
Lieutenants shall continue to receive the management package while
in effect~ Management has the exclusive right to delete this
benefit provided it is deleted on a city wide basis.
-63-
ARTICLE 47
DURATIONOF AGREEMENT
Section 1. This agreement shall become effective October 1,
1993 and shall continue in- full force and effect up through and
including September 30,1995.
Section 2. This Agreement shall be for a period of two (2)
years provided the parties agree to reopen negotiations on the
following subjects for the second year of the Contract:
1. Pay Plan, including step increases;
2. Cost of living adjustment
The parties waive the right to negotiate all other terms and
conditions of this Agreement during the term hereof. Negotiations
on the two issues listed above shall commence within thirty (30)
days of request for negotiations made by either party.
-64 -
Agreed to this day of
between the respective
representatives of the Union
· -/. ~_. '..~.~_
Wit/ness
Witness
· 19 , by and
parties through the authorized
and the City.
POLICE LIEUTENANTS
FRATERNAL 9RDE2 OF pOLICE×
Chie[;R~presen~at ice /
/
CITY OF BOYNTON BEACH
Witness
Witness
APPROVED AS TO FORM
AND CORRECTNESS:
BY:
Mayor
ATTEST:
City Clerk
City Attorney
City Manager
Ratified by City Commission
Date
Ratified by Union Members
Date
Lt.CBA
1/10/94
1/13/94
-65-