R15-064 RESOLUTION R15 -064
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RATIFYING A COLLECTIVE BARGAINING
5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH,
6 FLORIDA AND THE PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION (PBA) FOR THE SERGEANTS
8 BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2013
9 THROUGH SEPTEMBER 30, 2016; AUTHORIZING THE MAYOR
1( AND CITY CLERK TO SIGN THE AGREEMENT; AND
1: PROVIDING AN EFFECTIVE DATE.
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1: WHEREAS, the City and the Palm Beach County PBA successfully negotiated a
14 new three year Collective Bargaining Agreement; and
1! WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
16 and
1 ^ WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
11, the best interests of the residents and citizens of the City to ratify and execute the
19 Agreement.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2]
2: OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2.
2. Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
2' ratified and confirmed by the City Commission.
26 Section 2. The City Commission of the City of Boynton Beach, Florida does
2' hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach
2f and the Palm Beach County PBA for the Sergeants bargaining unit for the period of
24 October 1, 2013 through September 30, 2016, and authorizes the Mayor and City Clerk to
3( sign the Agreement, a copy of which is attached hereto as Exhibit "A ".
31 Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this 2 day of June, 2015.
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CITY OF BOYNTON BEACH, FLORIDA
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YES NO
Mayor — Jerry Taylor ✓
1G
11 Vice Mayor — Joe Casello
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1:: Commissioner — David T. Merker ✓
14-
1 Commissioner — Mack McCray
16
Commissioner — Michael M. Fitzpatrick ✓
lE
1c
2( VOTE
21
2: ATTEST:
22 •
2L 11) .
2E l anet . Prainito, MMC
2': Ci lerk
2E
24 (,\ I Y - D
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31 ( o t : eal)
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7- 0 N .0 %:
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AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
POLICE SERGEANTS
FOR A TERM ENDING SEPTEMBER 30, 2016
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TABLE OF CONTENTS
1 TO BE CORRECTED ON FINAL DOCUMENT
ARTICLE PAGE NO
1 Preamble
4
2 Recognition and Notice 5
3 Non - Discrimination 7
4 Dues Deduction 8
5 Union Business 9
6 Bulletin Board 11
7S Temporary Assignment 12
8S Vacancies and Probation 13
9 Management Rights 14
10 Advisory Committee 15
11 Hours of Work and Overtime 16
12S Wages 19
13S Seniority 20
14S Additional Monetary Benefits 21
15 Uniforms 24
16 Physician Services and Immunizations 26
• 17 Group Insurance 29
18 Leaves
30
19
Holidays 34
20 Funeral Expenses 35
21 Equipment Maintenance & Safety 36
22 Training 37
23S Reproduction 39
24 Personnel Records 40
25 Legal Action 41
26 Discipline 42
26B Appeals of Disciplinary Action 44
27 Grievance and Arbitration Procedure 46
28 Reserved
29 Reserved
30 Personal Vehicles 50
31 Drug Testing 51
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32 Posting 52
33 Complete Agreement and Waiver Clause 53
34 Severability 54
35 Duration 55
36 Take Home Vehicles 56
37 Off -Duty Details (Secondary Employment) 59
38S No Strike or Lock Out
39 Pension 64
40S Workers' Comp and Duty Disability 65
41S Qualifications for a Bargaining Unit Position 66
Signature Page 67
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ARTICLE 1
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, Inc., 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.
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ARTICLE 2
RECOGNITION AND NOTICE
The City recognizes the Palm Beach County Police Benevolent Association ( "PBA ") as the
exclusive representative for the purpose of collective bargaining with respect to wages,
hours and terms and conditions of employment for the bargaining unit consisting of all full
time sworn police officers within the following job classification: Police Sergeant or as
modified by PERC. The term "member" or "employee" will mean any member in the
bargaining unit.
The PBA recognizes the City Manager, the City's chief executive officer, or her designees as
the exclusive City representative(s) for the purpose of collective bargaining with respect to
the wages, hours and terms and conditions of employment of PBA bargaining unit
employees.
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All notices concerning the wages, benefits, and conditions of employment of bargaining
employees to the PBA will be addressed to the attention of PBA President with a copy to
the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West
Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names
and addresses of other PBA representatives, if any, who are authorized to accept notices
from the City. Notice by the City to anyone other than those persons designated by the PBA
does not satisfy legal notice and is not binding on the PBA.
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All notices to the City will be addressed to the City Manager with a copy to the City HR
Director and mailed to 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. If
changes occur, the City will advise the PBA in writing of the names and addresses of other
City representatives, if any, who are authorized to accept notices from the PBA. Notice by
the PBA to anyone other than those persons designated by the City Manager does not
satisfy legal notice and is not binding on the City.
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ARTICLE 3
NON - DISCRIMINATION
The City will not interfere with the rights of officers to become members of the PBA, and
there shall be no discrimination, interference, restraint or coercion by the City, or any City
representative, against any officer because of membership or because of any activity in any
official capacity on behalf of the PBA. The PBA shall not discriminate against any
bargaining unit member who fails to join the PBA, as provided by law.
The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA
shall work jointly to eradicate discriminatory conduct in the work place. To that end, the
City and the PBA agree that both Parties 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.
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ARTICLE 4
DUES DEDUCTION
Upon receipt of a notice from the PBA and approved by the City which has been voluntarily
executed by a City employee who is a member of the bargaining unit, the City will deduct
from the pay due the employee, those dues and uniform assessments required to retain
PBA membership as certified by the PBA. The total amount of deductions shall be remitted
each month by the City to the Treasurer of the PBA. This authorization shall remain in full
force and effect during the term of this Agreement or for thirty (30) days after notification
of the revocation of the authorization to deduct by the employee.
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ARTICLE 5
UNION BUSINESS
Section 1. Elected PBA representatives who are on duty may be granted paid leave to
engage in representation activities on behalf of the PBA or any member as
follows:
A. Engaging in collective bargaining with the representatives of the CITY.
B. Processing of grievances.
C. Accompanying a fellow employee when:
1. The employee is required to appear at a hearing related to a
grievance.
2. The employee is presenting or responding to a grievance.
3. The employee is subject to questioning and believes (s)he may be
• disciplined. The City may negate the employee's concern regarding
discipline by written confirmation to the officer that (s)he will not be
disciplined based on answers provided in the questioning.
4. The employee is attending a pre - determination hearing.
The CITY may deny a request for time off if it interferes with productivity or
staffing needs. However, the exercise of such right on the CITY'S part shall
not allow the CITY to proceed in a manner which deprives the employee of
his or her right of representation.
A PBA representative employed by the City may be permitted to take unpaid
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leave to attend functions of the PBA. If the leave results in the City incurring
overtime directly related to the absence, the City will not approve the
request.
Section 2. No employee may engage in PBA business or use City equipment or property
while on duty except as referenced in Section 1.
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ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space; one in the Line Up Room and one in the
Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices
and other union material. The Union will supply locking style bulletin boards. A notice or
item placed on the bulletin board shall bear, on its face, the legible designation of the PBA
responsible for placing of this notice or item on the bulletin board. The Union will hold
harmless and indemnify the City for all claims or actions arising from materials placed on
the bulletin board.
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ARTICLE 7S
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.
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ARTICLE 8S
VACANCIES AND PROBATION
Section 1. Vacant positions shall be filled by the City through recruitment and selection
of employees on the basis of their qualifications and relative knowledge,
abilities, and skills. The decision to fill a vacant position is reserved to the
discretion of the City Manager.
Section 2. All newly promoted Police Sergeants have a probationary period of one (1)
year from the date of promotion.
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ARTICLE 9
MANAGEMENT RIGHTS
Section 1. It is the right of the City to determine unilaterally the purpose of its Police
Department, set standards of services to be offered to the public, and exercise control and
discretion over its organization and operations. It is also the right of the City to direct its
employees, take disciplinary action for proper cause, and relieve its employees from dut
P Y P P duty
because of lack of work or for other legitimate reasons. However, the exercise of such
rights shall not preclude employees or their representatives from raising grievances,
should decisions on the above matters have the practical consequence of violating the
terms and conditions of any collective bargaining agreement in force.
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.
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ARTICLE 10
ADVISORY COMMITTEE
Section 1. By mutual agreement between the City and the PBA, they may establish a
joint committee. The PBA membership shall consist of persons designated by the PBA from
within the position classifications covered by this Agreement, and members designated by
the Chief of Police shall consist of persons within the Department, but outside the
bargaining unit.
Section 2. This committee may meet as needed by mutual consent, and meetings may
be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another
mutually agreeable time. If a meeting is held during working hours of an employee
participant, said participant may be excused without loss of pay for that purpose.
• Attendance for a meeting outside of regular working hours shall not be deemed as time
worked and participants will not receive additional pay or leave benefits.
Section 3. Attendance by other than members of the PBA and City Administrative
Officers will be by agreement of a majority of the members of the Committee and shall first
receive the approval of the Chief of Police.
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ARTICLE 11
HOURS OF WORK AND OVERTIME
Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a
28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour
shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit
members assigned to the 11.5 hour shift will be paid overtime for all hours worked in
excess of 171 hours in a 28 day work cycle. For the purpose of calculating overtime,
bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all
hours worked in excess of 40 hours in a 7 day work cycle.
For purposes of calculating overtime, only hours actually worked, or hours worked for
Department authorized training shall be counted as hours worked.
member's a ,when so granted, will normally be contained in the member s next regular
pay, g � Y
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pay check following the time worked.
Employees who are in a duty status seven (7) minutes either prior to or after their shift will
not be eligible for overtime pay. Employees who are in a duty status more than seven (7)
minutes either prior to or after their shift must be so only with the Supervisor's approval in
order to be eligible for overtime pay.
The City may round start and end time of work and round to the quarter hour consistent
with 29 C.I.R. § 785.48.
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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. Pursuant to Article 9, Section 1D, it is a Management Right to establish and
change the starting and quitting times and the number of hours and shifts to be worked.
Individual work schedules may be flexed (hour for hour) by personnel assigned to specialty
units, upon mutual agreement between employee and supervisor. The City may flex a
specialty unit member's schedule for the purpose of avoiding the payment of overtime, no
more than eight times per fiscal year. Flexing of time must occur only within a single work
week. Uniform Services (group) shift schedules shall not be changed without the City
providing thirty (30) days advanced notice to the Union of the change.
Section 3. No member of the Bargaining Unit shall be required or allowed to work more
than sixteen (16) continuous hours except during a declared emergency or during an
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ongoing immediate investigation or when overtime is required to complete an on -duty
assignment, i.e. late arrest. Members of the Bargaining Unit acknowledge that they have an
obligation to come to work physically and mentally prepared to efficiently and effectively
carry out their responsibilities. For the purpose of this section, work means regular
assigned duties and detail assignments, not to include court, depositions, filings, and
similar judicial responsibilities.
Section 4. An employee may engage in outside employment, (including off -duty detail
or self - employment) with the approval of the City Manager and with the understanding
that the employee's primary duty, obligation and responsibility is to the City. Outside
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employment shall not be permitted when the City Manager determines that such outside
employment would result in a conflict of interest, interfere with the employee's City work
schedule, or otherwise be a conflict with the employee's employment with the City. To
request approval, an employee should:
(a) File an "Outside Employment Request Form & Affidavit" with the Human
Resources Department. The employee must notify the Human Resources
Department of changes in conditions of any outside employment.
(b) Make arrangements with the outside employer to be relieved from duty if
called for work by the City.
(c) An employee must report all injuries sustained during any outside
employment to the employee's supervisor at the City prior to the employee's next
scheduled work day at the City. An employee's failure to report an injury sustained
during outside employment shall be grounds for corrective action.
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ARTICLE 12S
WAGES
Section 1.
Effective The first full pay period following ratification, October 1, 2011, employees who
are actively employed on date of ratification, will receive a one time wage adjustment as
-lepicted in the matrix attached as Appendix 1 -six percent (6 %) increase to their hourly rate
of pay. retroactive to October 1, 2014. The percentage value of the increase is variable
within the bargaining unit to reflect length of service and periods of wage freeze. The step
plan is discontinued.
Effective October 1, 2015, employees will receive a three percent (3 %) increase to their
hourly rate of pay.
- • 3 • . . ! c wages for the third . . .
4110 . No employee will receive a base wage increase that will take their base pay over top out
pay.
Effective October 1, 2014, the minimum /maximum base pay for the bargaining unit
position is:
Sergeant: $70,224.40 - $022.6196,937.14.
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ARTICLE 13S
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.
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Section 5. For layoffs and other non- disciplinary reductions in personnel, Police
Sergeants will displace lower ranking officers in the event that the department is required
to layoff personnel. For example: if a police sergeant's position is to be abolished, the
incumbent with the least seniority in the position of sergeant would displace a Police
Officer, who would displace any probationary or provisional or temporary, or be separated
as the case may require.
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ARTICLE 14S
ADDITIONAL MONETARY BENEFITS
Call -Back Pav
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 out of 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 he 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.
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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 rate of pay for each hour actually worked with a minimum payment of three
hours at the overtime rate.
Stand - By /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 this
Article.
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.
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 (1.5)the
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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 (1.5)the member's regular rate of pay for the
first hour and one -half (1.5) the member's regular rate of pay for all remaining hours.
Administrative Sergeant Pay
One Sergeant per uniform services_ platoon per day will serve in the capacity of
Administrative Sergeant and shall he entitled to receive 30 minutes of overtime pay foj
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
fb scheduled shift.
Compensatory Time
Members of the Bargaining Unit shall have the option of accumulating a maximum of one
hundred (100) hours, per fiscal year, of compensatory time at time and one half. A
bargaining unit member who is promoted to a iasition outside she bargaining unit, or who
retires, or who is terminated, will be paid the balance of all unused compensatory time,
Compensatory time earned and accumulated shall be paid off totally in September of the
fiscal year if not utilized by the end of the month of August.
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ARTICLE 15
UNIFORMS
Section 1. The City will provide up to three (3) full uniforms per year and shoes every
six (6) months on an as -need basis. Purchase of shoes shall be limited to $150.00 per pair.
The City will supply replacements for the parts of the uniform when replacement is
appropriate, as determined by the Chief, and if adequate funds are available in the City
Budget. The Detectives and other members of the bargaining unit assigned to plain clothes
duty will receive, in lieu of uniforms, for clothing used at work, up to a total of $1,600.00 a
fiscal year, limited to $400.00 installments at the end of each quarter and pro -rated as
appropriate. For bargaining unit members assigned to plain clothes duty, who receive
clothing, i.e. polo shirts, to wear in the performance of their duties, will have the cost of
such clothing deducted from the $400.00 in the quarter following the date such clothing
was ordered.
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Section 2. Reimbursement, replacement or repair of personal clothing and equipment
will be according to current department policies and procedures. The replacement will
require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a
replacement will be required to include, with his /her claim, an explanation of the
circumstances of the damage and appropriate reports concerning the incident where
damage to his uniform took place. This allowance shall commence from the date of
assignment on a pro -rated basis. Uniformed Officers assigned to plain clothes duty for more
than three (3) months at a time will receive clothing allowance in accord with the above for
the three (3) months and pro -rated thereafter.
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Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per
week for the contract year. The City shall notify those employees that are eligible, to take
their uniforms only to the approved dry cleaning establishment in Boynton Beach selected
by the City. Detectives and other members assigned to plain clothes will be given a cash
cleaning supplement equivalent to the cleaning benefit provided to uniform officers. 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 4. Body Cameras: An Advisory Committee will meet to discuss the use of body
cameras. This Article will be reopened for negotiations in August 2015.
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ARTICLE 16
PHYSICIAN SERVICES AND IMMUNIZATIONS
Section 1.
A. The City shall provide a thorough annual physical examination,
for each bargaining unit member of the Police Department.
Appointments for those examinations will be made by the Police
Department administration and will correspond with the employee's
on -duty time.
B. It is the responsibility of the employee to ensure that the
physical exam, as noted in Section 'A ", and all necessary follow -up
testing be completed in a timely manner, as scheduled. Failure to do
so, due to the importance of certification of fitness for duty, will result
in the employee being placed in an unpaid leave status until such time
• as the full exam process is completed. Employees will be given
opportunities to schedule appointments and /or associated medical
tests while on duty.
C. Pursuant to the Florida Worker's Compensation Act, F.S. 440,
as amended from time to time, and the Law Enforcement Heart and
Lung Bill, F.S. 112.18, as amended from time to time, expenses related
to diagnostic testing for an employee's 'fitness for return to duty', and
expenses related to a duty - connected injury or illness will be the
responsibility of the City.
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Section 2. The City shall provide for any immunizations or medical treatment as needed
for protection from cuts or exposure to disease suffered in the line of duty.
A. The City shall bear the cost of lead testing for the Range
Instructors.
B. The City will provide for AIDS and Hepatitis screening in instances
where a member is exposed to situations or persons presenting a
biological contamination threat.
Section 3. immunization
A. The City shall provide an immunization schedule during the
life of this Agreement for all bargaining unit members as a means of
protection from the following:
B. Hepatitis - Type B: Members who refuse to be immunized for
Hepatitis Type B and who later contract that disease shall not be
• presumed to have contracted the disease while on duty.
C. Hepatitis - Type A: Offered to all members of the bargaining
unit covered by this agreement.
Members who refuse to be immunized for Hepatitis Type A and who
later contract that disease shall not be presumed to have contracted
the disease while on duty.
D. The City shall offer flu shots for all members as a means of
protection from contracting the flu while working during flu season.
Section 4. It shall be mandatory for the City to notify the employee when
documentation exists that the employee was significantly exposed to a communicable
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disease in the line of duty only after such documentation is brought to the attention of the
City. If an employee contracts a communicable disease as listed in Section 112.181 of the
Florida Statutes, as amended from time to time, then it shall be presumed that the
employee contracted that disease while on duty, except as stated in this Article, Sections 3-
B and 3 -C. Record keeping and notification of known exposures shall be as required by
Chapter 112.181 Florida Statutes, as amended from time to time.
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ARTICLE 17
GROUP INSURANCE
Section 1. Medical, Vision and Dental insurance
The City shall pay the total medical, vision and dental insurance premium for all bargaining
unit members. The members will pay the full cost of medical, vision and dental insurance
for their dependents. October 1, 2014 coverage levels and benefits shall remain in effect
until September 30, 2015 unless otherwise n°ti d by the Parties. The City and PBA
will reopen this Article in August 2015 for the final year of this Agreement (fiscal year
2015 -16).
Should the employees' cost to provide dependent coverage for their dependents incr ase
me+e -than 15% during fiscal year 2011 15 the City and PBA will reopen negotiations to
bargain the impact of the increases on employees.
• Section 2. Life Insurance
Members of the bargaining unit shall be covered by $35,000 of group life insurance with
the premium paid by the City.
Section 3. 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.
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ARTICLE 18
LEAVES
Section 1. Annual Leave - Vacation
A. All employees will follow the following vacation schedule:
Years of Service Vacation Hours
1 year 96
2 years 120
3 years 120
4 years 128
5 years 136
6 years 144
7 years 152
8 years 160
9 years 168
10 years 176
11 years 176
• 12 years 176
13 years 176
14 years 176
15 years 176
16 years 192
17 years 192
18 years 192
19 years 192
20 years 192
21 years & after 200
B. Vacation requests may be submitted from 14 - 45 days in advance for
vacation. In the event of conflicting requests for vacation dates, the senior
member request shall prevail if it was submitted thirty (30) days prior to the
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110 date or dates requested. Vacations of two days or less may be made with
q Y Y
twenty -four (24) hours advance notice or less. All other requests submitted
less than 30 days shall be on a first come first serve basis regardless of
seniority.
C. Request for emergency vacation leave will considered individually by the
Chief.
Section 2. Sick Leave
A. Employees will earn ninety -six (96) hours of sick leave per year at the rate of
eight (8) hours per month. The use of sick leave will be in accordance with
Regulations,
� I Policy Manual and Police Department Rules and e
the Persona e o cy p g ,
as applicable. Each bargaining unit member covered by this Agreement is
eligible to receive one bonus day of eight (8) hours for continuous attendance
at work at the completion of each calendar quarter that the bargaining unit
member has not used sick time during the previous quarter. nor has been
absent from work or on leave other than those 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.
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B. Employees who have more than one hundred twenty (120) hours of sick
leave as October 1 -of September 1st 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 any fiscal year. This
conversion payout will occur by September 30w.
C. Sharing Sick Leave
1. The City will permit an employee to donate accrued sick leave time to
another employee 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 vacation leave.
2. Extraordinary circumstances shall be defined as lengthy
• hospitalization, extended illness, or injury, of the member or the members
immediate family.
E. Sick leave for medical appointments is permissible and should be scheduled at
least 48 hours prior to the appointment when possible.
F. No member shall be placed on restricted sick leave unless that member has had
a counseling session, with at least a Watch Lieutenant (Lieutenant rank only).
During that counseling session, the member will be informed of the reasons he
or she is being considered for restricted sick leave. At that time, the member will
be given an opportunity to explain the sick days taken. When a member is
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• placed on restricted sick leave, the member will be notified in writing of that
fact. A unit member placed on restricted sick leave shall be re- evaluated in six
months. If not re- evaluated within ten working days after the six month period
the unit member will be removed from restricted sick leave. No employee shall
be subjected to "house calls" by supervisors or their designees unless they have
been placed on formal restricted sick leave or a documented reason for the visit
is produced on each and every occasion and forwarded up the chain of
command.
G. At the employee's option, the employee may convert excess sick leave time as
defined in accordance with this section to vacation time not to exceed forty
(40) hours, to be transacted in the first month of the calendar year.
Section 3. Personal Leave
• Each member is granted and may use forty -six (46) hours of paid personal leave. Year One
(2014 -15) will be prorated for the period from date of ratification to 10/1/15. Example: if
the CBA is ratified 4/1/15, twenty -three hours of Personal Time may be used in the
remainder of the fiscal year. The Year Two (201546) benefit will be the hill forty -six (46)
hours. Personal Leave for employees hired after ratification will be prorated. Unused
Personal Leave will not be carried over year to year, will not be paid if not use& and will
not be paid out upon termination of employment. Personal time is to be scheduled in the
same manner as vacation. This benefit sunsets at the termination of this Agreement.
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• Section :4. Bereavement Days
Compassionate Leave: In the event of the death of the mother, father, foster parents,
brother, sister, husband, wife, registered domestic partner, son, daughter, grandparents,
grandchildren, mother -in -law, father -in -law, sister -in -law 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 shifts for any one
death. However, if it is necessary for the employee to leave the State in connection with the
internment of the deceased, five (5) consecutive shifts shall be allowed. Employees must
verify attendance in writing, in order to be eligible for this article. The City Manager may
grant additional leave under this section, except that such additional leave shall be debited
against the employee's accrued sick or annual leave.
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• ARTICLE 19
HOLIDAYS
Section 1. No employee's normal pay will be reduced because a holiday falls during the
pay period.
Section 2. The City will pay eight (8) hours of straight time pay for the following
Holidays whether worked or not:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
• Christmas Eve
Christmas Day
Section -Z3. An employee will receive 1.5 times their rate of pay for hours actually
worked on the actual holiday. If an employee's scheduled shift crosses the midnight day
divide, (shift examples: 3:30 P.M. - 3:00 A.M. or 5:00 P.M. - 4:00 A.M., the employee will
receive 1.5 times their rate of pay for their entire shift.
Section 4. The City agrees that bargaining unit members' hours of work and /or work
schedules shall not be altered to avoid the payment of holiday pay or hours.
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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. In the event of conflicting claims for payment, the City will interplead
the funds by court proceeding if the parties with conflicting claims cannot resolve their
dispute within sixty (60) days.
•
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• ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETY
The City will maintain vehicles and equipment in a safe condition and in accordance with
law or ordinances.
Bargaining unit members accept the responsibility for checking vehicles prior to use and
for completing City provided forms for any defects which are discovered.
Concerns about unsafe condition will be brought to the attention of the immediate
Supervisor who will make a judgment call concerning the need for immediate repair prior
to use. If the Bargaining Unit Member does not agree with the immediate Supervisor
he /she may ask that the next level of supervision review his /her concern, and that Shift
Commander will he the final judge on the safety of the equipment and the appropriate
• action to take at that time.
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410 ARTICLE 22
TRAINING
Section 1. All training required of the officer by the Police Department when off duty
will be compensated at time and one half, except for training or travel activities that are off
site and considered to be seminars, conferences, and special programs where expenses
incurred are paid for by the City.
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 officer does not qualify in three attempts, they will be required to qualify on their own
time and expense to remain eligible for employment as law enforcement officers.
• Section 3. 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. Reimbursement rate
percentages are as follows:
"A" equals 100% of tuition and books
"B" equals 75% of tuition and books
"C" equals 50% of tuition and books
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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.
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 23S
REPRODUCTION
The City will post the Agreement on the City's shared drive or any other electronic
distribution system.
•
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ARTICLE 24
PERSONNEL RECORDS
Section 1. A personnel file for all City employees is maintained by the City's Human
Resources Department. Employees may inspect and obtain copies of personnel files in
accordance with Florida Law.
Section 2. Internal affairs investigatory files will be maintained in accordance with FI.
State Statutes.
Section 3. All bargaining unit members covered by this Agreement must be notified
within 24 hours of the request 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, unless the file is being inspected by a governmental agency (including IRS), or state
attorney, in the conduct of a lawful criminal investigation when confidentiality of the
• investigation is requested.
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ARTICLE 25
LEGAL ACTION
Section 1. In accordance with Florida Statutes, the City will provide legal defense for a
member against any civil damage suits wherein said member is a named party and wherein
the alleged damages were allegedly caused by the actions of said member while acting
within the scope of his/her authority and within the course of his employment.
Section 2. The City will indemnify all members against judgments for compensatory
damages entered against them as a result of their actions to the extent that the City is found
liable for such actions.
Section 3. The City will select the Attorney who is to defend the employee relative to
this Article.
•
Section 4. The employee will be responsible for filing any counterclaims at his /her
expense.
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ARTICLE 26
DISCIPLINE
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 consistent with and
pursuant to Article 7 herein 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,
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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.
Section 4. No Employee shall be subject to major discipline without first being afforded
a pre - determination conference with the City Manager. No pre - determination conference
shall be conducted with less than ten (10) calendar days' notice to the Employee.
Section 5. Suspensions will be imposed in increments of eight (8) hours loss of pay.
Section 6. Members will be ineligible to work off duty details during any calendar day
on which they are observing a suspension.
• Section 7. The City will provide notice to the PBA when it an completes an investigation
of bargaining unit members that could result in disciplinary action or when an employee is
given a suspension.
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ARTICLE 26B
APPEALS OF DISCIPLINARY ACTION
Discipline is classified as either major or minor.
MAJOR DISCIPLINE is a:
• termination,
• demotion, or
• suspension without pay of more than sixteen (16) hours.
MINOR DISCIPLINE is a:
• written reprimand,
• suspension without pay of sixteen (16) hours or less.
41) Appeals of disciplinary action shall be handled as follows:
MAJOR DISCIPLINE:
Major discipline may be by appeal to an arbitrator, by using the same procedure for
appointment of an arbitrator as set forth in Grievance Article above. The Union may
request review of the discipline by the City Manager provided it does so before the fifteen
(15) day time limit for requesting arbitration. if a meeting is requested, the fifteen (15) day
time limit for requesting arbitration shall be abated. The request for appointment of an
arbitrator must be made in writing within fifteen (15) calendar days of notice of the City's
disciplinary action or review by the City Manager is completed is review by the City
Manager was timely requested.
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The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The
decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the
discipline in its entirety, the Employee will be made whole. Any and all procedures
regarding arbitration which are not specifically set forth in this Section shall be governed
by Article 27, Sections 4 through 9. The decision of the arbitrator is final and binding on
the parties subject only to the rights of the parties to confirm, clarify, or set aside the award
as set forth in the Florida Arbitration Code.
MINOR DISCIPLINE:
Written reprimands may not be appealed but the Employee may submit a written
response provided the response is submitted within fifteen (15) days of the written
reprimand. If a written response is submitted by the Employee, it shall be attached to the
written reprimand and placed in the Employee's personnel file.
•
Suspensions without pay of sixteen (16) hours or less may be appealed to the City
Manager whose decision shall be final. An appeal shall be filed in writing within fifteen
(15) days of notice of the suspension without pay. The City Manager shall render a
decision within twenty (20) days of the appeal. The City Manager's decision may be to
sustain, fully reject, or lessen the discipline. The City Manager or her designee will conduct
interviews with the grievant, departmental staff, or members of the bargaining unit as part
of his /her review of the discipline.
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ARTICLE 27
GRIEVANCE AND ARBITRATION PROCEDURE
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. Appeals of disciplinary action are not
grievances but may be brought following the procedures set forth in Article 26 B.
Section 2. Grievances concerning working conditions not specifically covered by the
terms and provisions of this Agreement shall be subject to the grievance procedure up to,
but not including, arbitration.
Section 3. In the event a grievance should arise as to the interpretation or the
application of the terms of the Agreement or departmental regulations, the said dispute or
• grievance shall be dealt with in the following manner. Any grievance not answered by the
City within the time limits provided below will automatically advance to the next higher
step of the grievance procedure.
STEP 1
The aggrieved employee or an Association representative shall present the
grievance or dispute in writing, setting forth the facts with particulars and the
remedy sought, within ten (10) working days (Monday through Friday) of its
occurrence or knowledge thereof, to the Chief of Police. The Chief of Police shall
reply in writing within ten (10) working days (Monday through Friday) of receipt of
the grievance or dispute. If the Chief of Police shall fail to respond in writing, the
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grievance is presumed to be denied and the employee or an Association
representative may move to the next step.
STEP 2
If the Chief of Police replies and the aggrieved party or the PBA is dissatisfied, then
the grievance may be submitted to the City Manager within ten (10) working days
(Monday through Friday) of receipt of the Chief of Police's reply or when a reply was
due, if none is submitted. The City Manager shall reply within ten (10) working days
(Monday through Friday) of receipt of the grievance or dispute. If the City Manager
shall fail to reply in writing, the grievance is presumed to be denied and the
employee or an Association representative may move to the next step.
STEP 3
If the grievance has not been settled by Steps 1 and 2, the PBA or the City may
request 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 request must be timely filed with the American Arbitration Association
(AAA) or Federal Mediation and Conciliation Service (FMCS) on or before the
fifteenth (15th) day deadline, with a copy to the City Manager. The rules for
conduction the arbitration will not be the rules of AAA or FMCS unless agreed to by
the City and PBA, but will be governed by the terms of this Agreement.
Section 4. 13y agreement of both Parties, a meeting will be held at any step of the
grievance procedure.
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Section 5. The arbitrator will be selected by mutual strike, with the Grieving party
striking first. Each Party has a one -time right to strike the entire panel. After an arbitrator
has been selected, the arbitration hearing shall be held on a date mutually agreeable to the
City and the Union.
Section 6. 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.
Section 7. A transcript of the proceeding will be made, unless waived by both Parties.
The cost, including the arbitrator's copy, will be shared equally by the Parties with the PBA
share not to exceed $500.00.
Section 8. The arbitrator shall render an Award within thirty (30) days of receipt of the
briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of
• briefs.
Section 9. 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 10. A probationary employee may not grieve any matter concerning assignment,
or discharge for reasons of failure to meet performance standards.
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Section 11. 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 12. 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.
•
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ARTICLE 28
RESERVED
ARTICLE 29
RESERVED
ARTICLE 30
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
1111 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.
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ARTICLE
DRUG TESTING
The City is a Drug Free Workplace and has established a Drug Free Workplace Policy.
Bargaining Unit employees are subject to random, reasonable suspicion, and post- accident
drug testing. Post - accident testing may be required by a supervisor in accordance with
rules approved by the City and the PBA. The City supports random drug testing for all
bargaining unit members. The City reserves to itself the power to order employees to
submit to reasonable suspicion or random drug testing, subject to compliance with the
testing /sample handling procedures as set forth in Florida Statute and the Florida
Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City
agrees to use a State certified laboratory for all drug testing.
•
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ARTICLE 3-832
POSTING
Vacancies in positions or assignments will be posted in -house no less than fifteen (15) days
before the application deadline for the position or assignment. Anyone applying for a
posted position must meet the qualifications on the final day of posting; for example, while
the applicant may not be eligible at the time his /her application is submitted, if the
applicant will satisfy all of the qualifications by the final day of posting, the application shall
be accepted and considered.
•
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ARTICLE
COMPLETE AGREEMENT AND NON- WAIVER PROVISION
Section 1. This Agreement is the complete Agreement between the parties, cancels all
prior practices and agreements, and, except as expressly provided for herein, relieves the
parties of the obligation to bargain on any subject during the term of this Agreement.
Section 2. There is no past practice which results in a monetary benefit except as
set forth expressly in this Agreement. All bargaining unit members are covered under the
terms of this Agreement, Departmental Rules and Regulations and the City's Personnel
Policy Manual and not under any Civil Service Rule /Regulation and heretofore in existence.
When the City or Police Department intends to modify Department Rules and Regulations
or the City's Personnel Policy Manual the City will provided written notice to the PBA. The
notice will include a description of the change and an implementation date which shall be
• no less than 45 days from the date of notice. If the PBA believes that that modification
constitutes a change to wages, benefits or conditions of employment, PBA will have 10 days
from date of notice to advise the City if the PBA is requesting pre- implementation or post
implementation impact bargaining and to identity with specificity the manner in which the
modification affects the rights of its members. The PBA response shall include 3 dates and
times when the PBA is available to meet with the City to discuss /bargain the modification,
excluding dates in the first 10 days following the PBA request. When bargaining is
requested, it shall begin no Tess than 10 days following the PI3A's request and shall be
concluded within 14 days following the first bargaining session. Unless otherwise agreed to
by the City and PBA during their bargaining, the modification will take effect as initially
announced by the City. subject to the PBA's right to continue impact bargaining. This
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provision is not a waiver, restraint or limitation on the City's management right to
determine unilaterally the purpose of its Police Department. set standards of services to be
offered to the public, and exercise control and discretion over its organization and
operations. All reference to days in this section means calendar days, inclusive of
Saturdays. Sundays and Holidays.
Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of
the PBA's right to request bargaining or impact bargaining.
Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or
limitation on the City's management rights.
•
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ARTICLE - 34
SEVERABILITY
Section 1. If any provision of this Agreement is found to be invalid by any courts having
jurisdiction in respect thereof, such findings shall not affect the remainder of this
Agreement, and all other terms and provisions shall continue in full force and effect.
Section 2. In the event of such finding the Parties will meet within thirty (30) days to
begin negotiations of a replacement Article or Section.
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•
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• ARTICLE 3 -335
DURATION
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, 2016. No base
wage increase, step, cost of living, or other compensation adjustments, except increases
resulting from an assignment, shall be paid beyond September 30th of each year, except as
provided in a subsequent Memorandum of Understanding or Collective Bargaining
Agreement.
The following Articles are subject to reopened negotiations in May- August 2015 for the
t-hii -final year of this Agreement (2015 -16):
Article 15 - Uniforms
Article 17 - Group Insurance
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ARTICLE
TAKE HOME VEHICLES
Section 1. The City agrees to continue the take home vehicle program during the term
of this Agreement and to purchase as reasonably possible the number of vehicles sufficient
to supply eligible members of the bargaining unit.
Section 2. A Member is eligible for a take home vehicle if the Member has three (3)
years of sworn service with the department and resides within a twenty (20) mile radius of
the City limits.
Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with
seniority bumping rights for Members transferred to patrol.
11111 Section 4. Assigned vehicles are not for personal use but for work only.
Section 5. A member who lives beyond the twenty (20) mile radius described in
paragraph 2 above will be assigned a specific vehicle from the pool but may not take his /her
car home.
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ARTICLE 37
OFF -DUTY DETAILS (Secondary Employment)
All off -duty details (worked performed for a second party employer) require prior written
approval by the Chief of Police or his designee. Police Department Index Code 712 applies
except as modified in this Article.
The City will continue coordinating off -duty details. The net rate of pay for off -duty details
paid to the officer will be set by the PBA, but no less than $30.00 per hour with a three hour
minimum.
The City will act as the conduit for payment for off -duty details from the second party
employer to the officer. Payment to the officer is contingent on collection from the second
party employer.
Any payments for off duty detail work performed on behalf of a second party employer
shall not be considered compensation for pension calculation purposes'.
1 (4) "Compensation " or "salary" means, for non - collectively bargained service earned before
July 1, 2011, or for service earned under collective bargaining agreements in place before July
1, 2011, the total cash remuneration including "overtime "paid by the primary employer to a
police officer for services rendered, but not including any payments for extra duty or special
detail work performed on behalf of a second party em ployer.§ 185.02, Fla. Stat. Ann.
BB Pension Code: Compensations or salary. The total cash remuneration including lump sum
payments for accumulated sick and vacation leave and "overtime" paid by the primary
employer to a police officer for services rendered, but not including any payments for extra
duty or a special detail work performed on behalf of a second party employer paid directly to
the police officer by the second party employer.
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Each officer working an off -duty detail is deemed to be an independent contractor of the
second party employer. However, police officers on off -duty details shall be permitted to
utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00
dollars per hour for every detail worked to offset equipment costs.
Details shall be assigned only to those officers who are off duty and no officer shall accept
any off -duty detail when it interferes with his /her normal working hours. No swap of time
is permitted to accommodate an off duty detail.
Each officer, while working off -duty details, shall adhere to City conduct standards. Any
misconduct or breach of policies, rules and regulations will be handled through the
Department the same as any on -duty activity.
• Any police officer who is on sick leave, workers' compensation or working light duty will
not work any off -duty detail during that period.
Any police officer on leave due to disciplinary matters shall not work off -duty jobs during
the period of that suspension or removal from active duty.
Any police officer may not work more than 24 hours of overall off -duty details during any
7 - day work period. Exception would be when officer is on vacation (minimum of 40 hours
leave) then the 24 -hour ]imitation may be exceeded.
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The Police Chief may suspend an employee's right to work off- duty details as a component
of disciplinary action as a result of a conduct violation committed while on an off duty
detail.
The program changes outlined above will take effect 1/1/15the first of the month following
90 days after ratification.
All Bargaining Unit Members assigned to cover special details may report directly to their
assignment without prior checking in or out at the police station, but must advise a
supervisor personally or by radio. Bargaining unit members assigned to a special detail
shall comply with all current department policies and procedures in effect.
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ARTICLE 38S
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. 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
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• law to return to work, and to disavow the strike . ublicl
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Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes
or of this Article may be dismissed or otherwise disciplined by the City.
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NEW ARTICLE 39S
PENSION
Section 1. Bargaining Unit Members hired as Police Officers on or after October 1, 2015,
and who thereafter are promoted into the Police Sergeants' Bargaining Unit, will have a
pension multiplier of three percent (3 %).
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• ARTICLE 40S
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.
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ARTICLE 41S
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 Police
eUfficer or Detective First Gracie with the City of Boynton Beach immediately
prior to hiring or promotion.
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.
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Agreed to this tti1) day o 11( ? 1615 , by and between the respective Parties
through the authorized representatives of the PBA and the City.
PALM BEACH COUNTY I
PO . E BENEVOL A NT ASSOCIATION
41 r. ►►c , _ • By: A- —
W mess John Ka. an4re 'dent
VP 1 11A, i1) By: _
itnes ' Gary ippm e ' e : Counsel
CITY OF BOYNTON B CH _ - --
C?/-1/2?-7 _
j669") ‘, Witness ayor - J rry Tay r
(fxity ATTEST: '' ,..
6 GCT Y o ,, z.
a net M. Prainito, City Clerk � \
T C fits v
APPROV D 1 FORM
AND C/ "S:
J J / iiA■ii itA...„‘„e„v,,
City Attorney City Manager
Ratified by City Commission Ratified by Union
6 - -.? /5 -aa -005
Date Date
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