R92-217RESOLUTION NO. R92-~/?
A RESOLUTION OF THE CITY COMMISSION OF
THE CiTY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTIN~ THE MAYOR AND
CITY CLERK TO EXECUTE A 1992/93 AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Cormaission of the City of Boynton
Beach, Florida has deemed it to be in the best interests of
the citizens and residents of the City of Bo!rnton Beach,
~10rida to execute an Agreement between the City of Boynton
each and the Palm.Beach County Police Benevolent Association,-
NOW, T~EREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BoyNTONBEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized to.execute an Agreement between the City of Boynton
Beach and Palm Beach County Police Benevolent Association,
which Agreement is attached hereto as Exhibit "A".
Section,2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of December, 1992.
C~TY OF BOYNTON BEACH, FLORIDA
Mayor
/
/
ATTEST:
C£~ Clerk
(Corporate Seal}
Authsig.doc
PBA.Agr
12/09/92
19 9 2/9 3 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
TABLE OF CONTENTS
Article Page
Preamble ......................................
Recognition ..................
Non-Discrimination..[.i.[.[.i[[[[[[.~[~..[..~
Dues Deduction .................................
Union Business ................................
Bulletin Board; ...............................
Testing .......................................
Vacancies .....................................
Management Rights .............................
Advisory Committee ............................
Hours of Work .................................
Wages .........................................
Seniority ....................................
Work week/Overtime Com~)ensation/Call Back ....
~es ..........
Group Insurance ...........
Leaves ....................
Hol .....
gram ........
Action ...............
Commendations. ..
Gr~
Discharge ...................
Page .......................
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ARTICLE 1
PREAMBLE
This Agreement is entered into by the Ci=y of Boynton Beach,
Florida, hereinafter referred to as the "City" and Palm
Beach County Police Benevolent Association, located in
West Palm Beach, Florida, hereinafter referred to as the
"Union", for the purpose of promoting harmoniou~ relations
between the City and the Union, to establish an orderly and
peaceful procedure, to settle differences which might arise
and to se= forth the basic, complete and full agreement
between the parties concerning salaries and all other
conditions of employment.
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ARTICLE 2
RECOGNITION
The City hereby recognizes the Union as exclusive bargaining
agent for the purpose of presenting proposals relative to
salaries and other conditions of employment for the
barga%~i~g unit~consi~ting 9f all,full time sworn police
officers within~the following j0bclassification: Police
Off~cgr and Police-Detective, The ,term member will mean any
me~ber of the ~argaining unit.
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ARTICLE
NON-DISCRIMINATION
The City will not interfere with the rights of officers to
become members of the Union, and there shall be no discrimi-
nation, interference, restraint or coercion by the City, or
any City representative, against any officer because of mem-
bership or because of any activity in any official capacity
on behalf of the Union.
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ARTICLE 4
DUES DEDUCTION
Upon receipt of a form provided by the Union and approved by
the City which has beeu voluntarily executed by~'.a City
employee who is a member of the bargaining unit, the City
will deducts-from the pay due the employee., %hose dues and
u~iEoFm~assessments requ&red to retain Union membership~as
certified by the Union. The total amount of deductions
shall be remitted each month by the City to the Treasurer of
the Union. This authorization shall remain in full force
and effect during the term of this Agreement or for thirty
(30) days after notification of the revocation of the
authorization to deduct, by the employee.
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ARTICLE 5
UNION BUSINESS
Section 1. Union representatives will be granted up to
fifteen (15) days (120 hours) total per year, or equivalen~
hours, to attend functions of the Union and shalt be pro-
vided such leave with pay, without having such leave charged
against ~heir normal leave.
Section 2. The City will permit accredited representatives
of the Union to have reasonable access, with the approval of
the Police Chief, to the Police Department training room
during the hours of 8:00 A.M. to 10:00 P.M. to conduct Union
business. All normal fees for the use of this room or any
other City building will be paid by the Union.
Section 3. Within the limits of appropriate statutes the
City will provide the Union, on a semi-annual basis, a
complete roster of the bargaining unit members, including
name, rank, date of birth, address, telephone number, Social
Security number, present assignment and current pay scale,
after receiving authorization from the individual member.
1981
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ARTICLE 6
BULLETIN BOARD
The City will provide bulletin board space;~ one in the Line
Up Room an~ one-in the Detective Division for the exclusive
use of the union, for posting bulletins, notices and other
union material. A notice or item placed on the bulletin
boardshatl~ bear, on its face, th~ i~gibie ~si~natio~ of
the person responsible for placing oS thisnotice~ '~ 'or i~em- on
the bulletin board.
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ARTICLE 7
TESTING
Section 1. Testing or promotional examinations and testing
procedures will be in ~ccordance with the Civil Service
Rules and Regulations of the City of Boynton Beach, Florida.
section 2. officers passed over for promotion through the
use of the "Rule of 3" provided for in the Civil Service
Rules and Regulations shall be given a written explanation
as to why they were passed over. Said explanation shall
not be grievable unless the reason is arbitrary and
capricious.
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ARTICLE 8
VACANCIES
Budgeted promotional vacancies occurring in any position
within,the certified bargaining unit will be ~filted'in
accordance with the Civil Service Rules and Regulations.
Any such vacancy shall be offered within thirty (30) ~a~s
of the establishment of the appropriate e~igibility list
provided funds are available to fill s~id position as deter-
mined by the City Manager's Office.
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ARTICLE 9
MANAGEMENT RIGHTS
Section 1. The Union recognizes that the City has the
exclusive right to manage and direct the Police Department.
Specifically, but no= by way of limitation, the City reuains
the exclusive right to:
Hire, promote, and lay off employees
with the City of Boynton Beach Civil
and Regulations.
in accordance
Service Rules
B. Discharge and suspend employees for cause.
Transfer employees from one location to another,
one shift to another, or one starting time to
another.
Establish and change the starting and quitting
times and the number of hours and shifts to be
worked.
E. Assign and reassign employees.
F. Schedule and change the work to be performed by
employees.
Ge
Formulate, implement and change Departmental
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.
Determine and change the equipment and materials
provided to or not provided to employees.
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Add to or change the qualifications necessary for
any job classification.
Create, alter or disband special units based upon
the~needs of the department as determined by the
Police Chief.
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~C~ty~s~righ%.~to exercise 'any Or all ~f~such functions.
Any right or privilege of the City not specifically
relinquished Ay 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 resolu-
tion of the impact bargaining.
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,~T~'CLE l0
ADVISORY COMMITTEE
Sectional. BY mutual agreement between the City and the
Union, there is hereby established a joint advisory commit-
nee, which shall consist of three (3) members who shall be
designated in writing by the Union and three (3) members
designated in writing by the Chief of Police. The Union
membership shall coasist of persons from within the position
classification covered by this Agreement, and members
designated by the Chief of Police shall consist of persons
within the Department, but outside the bargaining unit.
Section 2. This advisory committee may meet on a monthly
basis, 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 approved by the
majority of the committee members. If a meeting is held
during working hours of an employee participant, said par-
ticipant may be excused without loss of pay for that pur-
pose. Attendance for a meeting outside of re~utar working
hours shall not be deemed as time worked and participants
will not receive additional pay or leave benefits.
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Section 3. The purpose of these meetings will be to discuss
problems and objectives of mutual concern, but in no way
shall the discussion involve grievances or matters which
have been the subject of collective bargaining between the
parties.
Section 4. An agenda, listing items for discussion will be
f0r~arded by the member of the committee requesting the
meeting to the other members no later than three (3) day~
prior to the date of the meeting. In addition, the Chief of
Police may submit ~tems to the committee for discussion.
Members of the bargaining Unit will submit items for
discussion through a member of the committee.
Section 5. Attendance by other than members of the Union
and City Administrative Officers will be by agreement of a
majority of the members of the Committee and shall first
receive the approval of the Chief of Police.
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ARTICLE 11
HOURS OF WORK
Section 1. A work
per day or =en (10)
as ~luher five 8
days.
day is defined as either eight (8) hours
hours per day. A work week is defined
hour work days, or four 10 hour work
Section 2. No member of the Bargaining Unit shall be
required or allowed to work more than sixteen (16) con-
tinuous hours except during a declared emergency or during
an ongoing immediate investigation. Members of the
Bargaining Unit acknowledge that they have an obligation to
come to work physically and mentally prepared to efficiently
and effectively carry out their responsibilities.
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ARTICLE 12
WAGES
Section 1. Wages for fiscal year 1992/93 will be paid in
accordance With the 1992-93 Compensation Plan, attached to
and~included as a part of this contract; which is a 3% com-
pensation adjustment above the compensation plan under
which the members of the bargaining unit were paid during
the fiscal year 1991~92. Retroactivity~on the 3% ¢ompen~
sation adjustment to October 1, 1992.
Members in the bargaining unit will receive a mathematical
adjustment in the first pay period in March 1993 in order to
equal the 3.18% received by the International Brotherhood of
Firemen and Oilers (IBF&O), Police Sergeants Fraternal Order
of Police and Police Lieutenants Fraternal Order of Police.
This adjustment will equal 0.21%. Then on September 30,
1993, all members in the bargaining unit will be adjusted =o
the full 4%.
Section 2. Members of the Police Department shall be eva-
luated annually under the City's Merit Program. The Merit
Program for fiscal year 1992/93 will not have any additional
monetary compensation attached to the performance rating.
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Section
A.
3. Special Assignments
Traffic Division: Members assigned to the Traffic
Division who elect to ride a motorcycle shall be
compensated an additional 5% for hazardous dity.
B. vice Members: Those members who are assigned to
vice shall be compensated an additional 5% for
hazardous duty during said assignment.
C. Investigators: Those members who are assigned to
the position of investigator shall be compensated
an additional 2% during said assignment.
D. SRT (Special Response team) Those members who have
successfully completed testing and are selected as
a member of the Police Department SRT Team, shall
be compensated an additional 10% for hazardous duty
when said Team is actually called to duty.
E. K-9 Unit: Those members assigned to the K-9 Unit
shall receive four (4) hours additional pay per
week at time and one-half while assigned.
F. Officers assigned as Field Training Officers and
who have completed successfully the required
40-hour training shall receive an additional 5%
while assigned to this duty with a maximum of six
(6) week assignment for any Field Training unless
at the end of the fifth week the Training Officer's
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supervisor provides a report through the 'Chief to
the Personnel Director that an e~tension beyond six
(6) weeks of training is required and that the
extens~on~ is not a result~of, the-Training Officer's
ladk of effort or ability to complete the field
training effert, with such report the six weeks of
an additional 5% will be extended in two (2) week
increments~
Detectives shall be compensated an additional 2%
incentive pay until September 30, 1993, or until
the City Pay Plan reflects a 5% pay differential
between Police Officers and Detectives, whichever
shall come first.
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ARTICLE 1
SENIORITY
Section 1. The City agrees that seniority shall consist of
continuous accumulated paid service with the Boynton Beach
Police Department. Seniority shall be computed from the
date of appointment. Seniority shall accumulate during
absences because of illness, injury in the line of duty,
vacation, military leave or any other authorized leave of
absence.
Section 2. The City agrees
following matters:
that seniority shall govern the
Vacations for each calendar year shall be drawn by Unit
employees on the basis of seniority and rank.
Temporary vacancies which shall be defined as the
case when a position needs, in the judgement of the
superior officer on duty, to be filled by an off
duty officer. Such vacancies arising during a par-
ticular tour or shift shall be filled according to
the following procedure:
Step 1. The permanently assigned members of the
platoon who are regularly scheduled to work and who
are on-duty prior to the shift experiencing the
be offered the position first, by
vacancy will
seniority.
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Step 2. If the vacancy remains, the permanently
assigned members of the platoon experiencing the
vacancy not regularly scheduled to work on the day
the shift or tour experiences the vacancy will-be
offered the position, by seniority.
Step 3, If the vacancy ~emains, the permanently
ass~gned~membe~-sof~the platoon whoare, schedU~ed to
w~rk the shift or ~our following the_shift or tour
experiencing the vacancy, will be offered th"e posi-
tion, by seniority.
Step 4. If the vacancy remains, the permanently
assigned members of the off-duty shift or tour (3rd
shift) will be offered the position by seniority.
Step 5. Ail others not covered in Step 1, 2, 3, and
4 will be offered the position, by seniority.
Step 6. In the event that the vacancy remains after
completing Steps 1 through 5, all sergeants will be
offered the position prior to step six being utilized.
Step 7. In the event the vacancy remains and it
becomes necessary to order individuals to work to
fill individual shift or tour vacancies, the selec-
tion shall be by seniority in reverse order, but au
Step 4.
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Ail officers will be called in order of seniority
using contract steps and offered overtime. An
officer must accept the full 8 hour shift but may
elect to work any portion thereof. It will be
incumbent on said officer to fill any portion of the
shift not worked. If the officer does not work the
first portion of the shift he must fill the unused
portion in a timely fashion.
The Bargaining Unit members accept the fact that
because of the very nature of Police work emergen-
cies (i.e., natural disasters, riots, etc.) may
occur. This section shall not apply in those
emergency situations.
For the purpose of this section, those officers
assigned to traffic units shall be considered to be
members of the platoon during which they work the
most hours. If their scheduled hours are evenly
divided between two platoons, then they shall be
considered members of the platoon during which they
begin work. Their traffic designation shall not
preclude them from being offered non-specialty
overtime per this section. Any officer assigned as
a plain clothes investigator will be considered the
same status as a detective in this section.
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c. Layoffs will follow the procedures in the Civil
Service Rules and Regulations.
d. In the event of a vacancy on a platoon, seniority
will prevail in the offering of the position, at
shift pic~, which shall occur every six (6) months.
Officers will be allowed to pick a shift and days
off by seniority - twice per year.
e. In the event of a vacancy in any division or unit,
seniority will prevaiL, after consideration of job
related qualifications. Job related qualifications
will be determined by the Chief of Police and will
include, but not be limited to, specialized training,
job performance, attendance, evaluations, and the
results of an qral review board. All such vacancies
will be posted as soon as possible and ]ob related
qualifications will be listed when posted.
f. Any special event (Holiday Parade, GALA, July 4th,
or any other event) shall be offered through a
rotating list of Police Officers based upon depart-
ment seniority. This section does not apply to
special details.
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ARTICLE14
WORK WEEK - OVERTIME COMPENSATION
Section 1. Overtime
It is hereby agreed that no employee should be required to
remaln on duty for a work period of more than five (5) eight
(8) hour shifts or four (4) ten (10) hour shifts unless
extra hours of duty are deemed necessary by the Chief of
Police or his designated representative in which case com-
pensa=ion should be at the rate of one and one-half (1.5)
times the regular hourly salary. Overtime will be computed
on the basis of hours worked over ten (10) hours for a ten
(10) hour shift or over eight (8) hours for an eight (8)
hour shift. All compensation under this Article shall be in
monies at a time and one-half rate of regular pay.
Whether the shift to which an employee is assigned is a ten
(!0) hour shift or an eight (8) hour shift is up to the
discretion of the Chief of Police.
Employees who are in a duty status seven (7) or fewer minutes
either piror to or after their shift will not be eligible
for overtime pay. Employees who are in a duty status eight
(8) or more minutes either prior to or after their shift
must be so only with their Supervisor's approval in order to
be eligible for overtime pay. Overtime pay will be at time
and one-half (1 1/2) times regular pay.
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Compensatory Time
For the contract year 1991-1993, members of the
Bargaining Unit shall have the option of accumulating
a maximum of forty
time and one half.
reassigned outside
(40) hours of compensatory time at
In the event said members are
either of stated position, or are
promoted outside the bargaining unit; the balance of
allcempensatory t'ime, wil~ be paid. Compensatorytime
earned and accumulated shall~be paid off t6ta~ty in
September of the fiscal year if not utilized by the
end of the month of August.
Compensatory time accumulated will be taken within the
scheduling needs of the Department.
Section 2. Special Detail Assignment
Ail Bargaining Unit Members assigned to cover special
details may report directly to their assignment without
prior checking in or out at the police station. The officer
assigned to special detail shall notify the one duty Watch
Commander by radio or in person of on duty and off duty
status.
Section 3. Call Back
Call back is defined as any time an officer is called into
work when he/she is off duty, or when the work time is no~
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contiguous with his/her assigned shift. In the event of
call back the employee shall be compensated for the actual
time worked, but not less than three (3) hours at the rate
of pay one and one-half (1½) times his basic hourly rate
reflected in the pay schedule in Appendix A. When an
officer is called for call back he/she will be guaranteed a
minimum of three (3) hours at time and one-half, and at
his/her supervisor,s discretion the officer may be required
to work the entire three hours or longer. When an officer
is called for call back his/her supervisor will indicate as
to whether or not he/she should arrive in uniform or in
plain clothes.
Section 4. Court Time
A. Court time will be paid at time and one-half when the
officer is not on his regular assignment. An officer
on court time will be compensated a minimum of three
(3) hours at time and one-half.
An employee who has been instructed to remain on
standby for court appearance purposes during the
employee's off-duty hours shall be paid one-half the
straight time hourly rate for each hour on standby up
to a maximum of eight (8) hours of standby duty in any
one day. A minimum payment of one (1) hour at straight
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time shall be paid for all standby assignments, when
an employee is required to stand by for eight (8)
hours, the employee shall receive four (4) hours plus
one (~) additional'hour at straight time. If an
officer does go to court he will be paid for the court
time indicated in Section A and not receive standby
time pay.
Ce
Bargaining unit members may report directly to court
without prior check in at the police station. Members
are still required to document their attendance at
the court house and submit documeatation to the
Department.
Section 5. On-Call
Any bargaining unit member who is on an "on-call" (on-pager)
basis other than court time as outlined in Article 14
Section 4 shall receive compensation of one hour of pay at
time and one half for each day (24 hour period) on call.
No member will be placed "on-call" without the approval of a
division commander, Bureau commander, or designated repre-
sentative.
Section 6. Overtime Pay
Overtime pay, when so granted, will normally be contained in
the member's next regular pay check following the time
worked.
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Section 7. Schedule
The City will establisk the hours of work best suited to
meet the needs of the Department to provide superior service
to the community, but agrees that work schedules will not be
changed or altered intentionally to avoid the payment of
overtime.
Section 8. Shift Changes - Employees
The City recognizes that unusual circumstances may require
that a member request a change of his/her scheduled shift
without obligating the City to pay overtime and therefore a
member may work for or change shifts (not limited to one
shift) with another member performing similar duties. No
reasonable requests, when work assignments are not affected,
will be denied.
Section 9. Shift Changes - Employer
An officer will be given adequate advance notice as determined
by the Chief of any change in his/her regular hours of work
except when an emergency exists. Notice given less than
forty-eight (48) hours before any changed schedule
(assignment days or days off) is to take affect, entitles
the officer to receive compensation at the rate of one and
one-half (1.5) times his/her regular salary for the first day
of his/her tour of duty.
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Section 10.
The City agrees that any member required to be out of Palm
Beach County to attend court, seminars, or for any other
reaso~ as a result of his/her duties as a po!~ice~offic~,
will be paid his/her re~ula~ rate of pay fo~ each day or
partial day required for said purposes.
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ARTICLE
UNIFORMS
Section 1. The City will provide up to three (3) full uni-
forms per year and shoes every six (6) months on an as-need
basis. The City will supply replacements for the parts of
the uniform when replacement is appropriate, as determined
by the Chief, and if adequate funds are available in the
City Budget.
Section 2. The Detectives who are members of the bargaining
unit and assigned to plain clothes duty will receive a total
of $1,000.00 a fiscal year, paid in $250 installments at the
end of each quarter and pro-rated as appropriate. The City
will replace civilian clothes of Detectives purchased with
the annual allowance when such clothes are damaged in the
line of duty in accordance with a price established for the
article as recommended by the Advisory Committee and
approved by the Purchasing Agent.
The City will replace civilian clothes of Uniformed Officers
assigned to plain clothes duty when the clothes are damaged
in the line of duty in accordance with a price established
for the article as recommended by the Advisory Committee and
approved by the Purchasing Agent.
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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 t~e circumstances of the damage and
appropriate 'reports concerning the incident where damage ~o
his uniform took place. This allowance shall commence from
the date of assignment on a
Uniformed Officers:assigned
pro-rated basis.
to pta~n clo~es duty for mo~re
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.
Section 3. The City will bear
issued uniform pieces per week
City
their
ment
the cost of cleaning ten (10)
for the contract year. The
shall notify those employees that are eligible, to take
uniforms only to the approved dry cleaning establish-
in Boynton Beach selected by the City. Sworn Detectives
will be given a cash cleaning supplement equivalent to that
given the uniform officer. This will be paid at the end
of each quarter of the contract year. This allowance shall
commence from the date of assignment on a pro-rated basis.
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ARTICLE 19
HOLIDAYS
Section 1. Holidays will be in accordance with the Civil
Service Rules and Regulations as of July, 1985.
~ection 2. Holiday pay will be at 1.5 times regular pay for
all members of the bargaining unit whether or not the holi-
day is worked.
Section 3. Holiday ConversioD
a. Under this Section a member may elect not to
receive holiday pay as outlined in Section 2 above,
but instead to have the equivalent straight time
holiday hours added as a lump sum to their accrued
vacation balance, (i.e. 110 hours for 4/10 employees
and 88 hours for 5/8 employees)
M~mbers who sign up for this section must do so
between October 1st and October 31st of each contract
year with the secretary of the Department.
Members exercising this option for conversion will
be paid oniv straight time for the hours worked on
the holiday.
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b. Employees may request a one-half shift increment of
personal time, which will be given at roll-call
only, by seniority.
Section 4. Bereavement Days
In the event of the death of the
mother, father, f~ster parents, brother, sister, husband,
wife, son, daugLter, grandparents, grandchildren,
s~ster-in~law~r brother-
in-law of a permanent or probationary employee, grand-
parents of spouse and any permanent family member of the
household, such employee shall be entitled to paid com-
passionate leave not to exceed three (3) consecutive
calendar days for any one death. However, if it is
necessary for the employee to leave the State in connec-
tion with the internment of the deceased, five (5) con-
secutive calendar days shall be allowed. Employees must
verify attendance in writing in order to be eligible for
this article. The City Manager may~grant additional
leave under this section, except that such additional
leave shall be debited against the employee's accrued
sick or annual leave.
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Section 3.
with at least a Watch Lieutenant (Lieutenant rank
only). During that counseling session, the
member will be informed of the reasons being con-
sidered for restricted sick leave. At that time,
the member will be given an opportunity to explain
the sick days taken. When a member is placed on
restricted sick leave, the member will be notified
in writing of that fact. A unit member placed on
restricted sick leave shall be re-evaluated in six
months. If not re-evaluated within ten working days
after the six month period the unit member will be
removed from restricted sick leave.
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.
Personal Timn
A total of twenty-four (24) hours for personal time
per year will be allowed in increments of one-half
shift at a time or a full shift, not back-to-back.
Personal time will not be accumulated from year to
year and in no way should be a basis of termination
pay. No request for personal leave will be denied
without a reasonable justification.
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designated employee to be absent from work for a
lengthy period of time, and when the employee
has exhausted all accrued sick leave and vacation
leave t¢, the number of vacation hours that said
employee would accrue in one year.
2. Extraordinary circumstances shall be defined as
lengthy hospitalization, critical illness, or
injury.
3. When there appears to be a need to share sick
leave in accord with Section c.2 the Union
Steward will prepare a list of bargaining unit
members who are willing to contribute sick leave
hours, confirm through the Pinance Department
that the hours are available and submit the list,
accompanied by appropriate Personnel Action Form,
to the Personnel Office for proper charge to
sick leave records. Time used will be used in
order listed on appropriate form supplied by the
Union Stewart.
Sick leave for medical appointment can be scheduled
more than 48 hours ahead and not be changed except
in the event of an emergency.
No member shall be placed on
under Civil Service Rule XI,
unless that member has had a
restricted sick leave
Section 4, Paragraph E
counseling session,
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Section 2. Sick Leave
a. Employees will
leave per year
earn ninety-six (96) hours of sick
at the rate of eight (8) hours per
month. The use of sick leave will be in accord with
the 'Civil Service Rules and Regulations. New
employees hireG after January t, 1992 shall be sub-
]ect to the revised sick leave schedule.
b. Employees who have more than one hundred twenty
(120) hours of sick leave as of September 1, of the
current contract year, may convert 50% of the excess
over one hundred twenty (120) hours to a cash
straight time payment non to exceed one hundred
(100) hours in this fiscal year. Those hours over
one hundred twenty (120) hours not converted in the
1989-90 fiscal year may be converted in the next
fiscal year. This provision shall not be applicable
for FY 92-93, and shall be subject to the collective
bargaining process for subsequent fiscal years.
c. Sharing Sick Leave
1. It shall be the policy of the City to permit an
employee the opportunity of donating accrued
sick leave time to a designated employee when-
ever extraordinary circumstances require the
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ARTICLE
LEAVEs
Section
1. Annual Leave - Vacation
Personnel~ ~in the b~rgaining,~ ~,~ .. unit will be covered by
City of Boynton Beach Civil Service,Rules and
Regulations for all issues relative to annual leave.
NeW,employees .hire~ ~f~9~ Jan~ar~ 1, 1992 sba
~ev~sed ~a~ual leave schedule.
submitted from 14 45 days
in advance., for vacat$on. In the event of dual
requests for vacation dates, the senior member
=eques~ shall prevail if it was submitted thirty
(30) days prior to the date or dates requested.
Vacations of two days or less may be made with
twesty-four (24) hours advance notice or less.
All other requests submitted under 30 days shall be
on a first come first serve basis regardless of
seniority.
c. Request for~emergency vacation leave will considered
individually by the Chief.
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GROUP INSURANCE
Section 1. Medical Insuranc~
The cost of health and medical insurance premiums for the
primary coverage shall be borne by the City for the employee
only. Coverage currently in effect should not be reduced.
All policies shall be reviewed annually.
Section 2. Life Insurance
Members of the bargaining unit shall be covered by $25,000
of group life insurance with the premium paid by the City.
Section 3. Dental Insuranc~
A group dental insurance program will be provided by the
City and the City will pay the premium for employees and
$7.00 per month of the premium for family coverage.
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Section 4. The City shall provide an immunization schedule
during the life of this Agreement for any member who wants
to be immunized for Hepatitis-Type B. It is incumbent upon
the bargainin§ unit member to notify the Chief of Police
should they desire said immunizatioa. Said immunization
shall be administered by the City Fire Department Emergency
Medical Service personnel.
ARTICLE 16
MEDICAL EXPENSES
~ection 1. Members will receive and shall be obliged to
take annual electrocardiogram and physical examination per-
formed by an agency or doctor to be approved by the City.
If City selected doc=or is used scheduling will be at the
discretion of the Department, and the results will become
part of the employee,s permanent record. The City will pay
the cost of this examination.
Section 2. A member may elect his/her own private physician
if approved by the City and the City is only obligated to
pay a portion of the fee, not to exceed $100, upon proper
receipt. The member shall be responsible for scheduling the
appointment and forwarding the results to the City to be
included in. the employee,s personnel records.
Section 3. When recommended by a physician the City will
pay for a Stress Test no more than once every three (3)
years with no more than a third of the bargaining unit being
compensated for such a test in any one year. Should the
member choose his own physician, the City shall pay that
amount they would have paid had the member gone to the
City's doctor.
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Uniformed Officers assigned to plain clothes duty for more than
three (3) months at a time will, for that three months period,
be given a cash cleaning supplement equivalent to that given nhe
uniform officer and pro-ra~ed~hereafte~ Thes~ payments for
uniform officer assigned to~.p!ain~clothes dut~will substitute
for the normal cl~anin~g atlqwance for uniform officers.
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so
Members exercising this option may use a vacation
day (8 hours) instead of working the holiday. The
vacation hours will be paid a~ straight time.
Members not assigned to work on the 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.
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ARTICLE 20
FUNERAL EXPENSES
Section-1. The~City will make a payment of up to $5,000 to
the beneficiary of bargaining unit employees killed in the
line of duty.
Sec~i~n ~;~'Ai1EmPleYees~'shatt'~. On' a form?t° be'supplied by
the Chief of POticeor'his authorized representative,
designate by. name and add~ess; the individual to whom such
funds are to be paid.
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ARTICLE 21
EQUIPMENT MAINTENANCE & SAFETV
The City, as a management responsibility, will maintain
vehicles and equipmen= in a safe condition and in accordance
with law or ordinances.
The Union Members accept the responsibility for checking
vehicles prior to use and for completing City provided forms
for any defects which is discovered or any operating matter
that needs attention.
Concerns about unsafe condition will be brought to the
attention of the immediate Supervisor who will make a judge-
ment concerning the need for immediate repair prior to use.
If the Bargaining Unit Member does not agree with the imme-
diate Supervisor he/she may ask that the next level of super-
vision review his/her concern, and that Supervisor will be the
final judge on the safety of the equipment and the
appropriate action to take at that time. Subsequent review
of the actions at this time, either the actions of the
Bargaining Unit Member or the Supervisors will be made by
the Chief and the City Manager at the next normal work day.
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ARTICLE 22
TRAINING
Section 1.
Ail training required of the officer by the Police
Department when off duty will be compensated at time and one
half, except for training or travel activities that are off
site and considered to be seminars, conferences, and special
programs where expenses incurred are paid for bY th~ City
as provided for by resolution.
Section 2. Weapons Training
The Chief of the Department will decide on the Department's
training program according to his judgement of the needs and
requirements and potential of each member of the department.
Firearms, baton and shotgun qualification training sessions
will be planned as needs are judged by the Police Chief once
each three or four months and each officer will be allowed
three (3) opportunities to qualify for each activity during
each of these training sessions. If the officer does not
qualify during these sessions, or at least once a year, he/she
will be required to obtain qualification on his/her own time
to remain as an eligible officer in the Police Department
with no expense to the City.
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Section 3. College Tuition Reimbursemenl
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 SCore for that
class. The member is to pay for the tuition and books
and be reimbursed upon proper receipt at the below sche-
dule upon completion of the semester.
"A" equals 100% of tuition and books
"B" equals 100% of tuition and books
"C" equals 50% of tuition and books
College and/or University program mus~ be initially
approved by the City Manager and must be a part of a
program leading to an acceptable Associate, Bachelor or
Master degree with a curriculum directly related to the
Police profession.
A committee to review the validity of courses and degree
program for this tuition reimbursement provision will
consist of the Personnel Director, the Police Chief, and
two persons specified by the Union. The committee will
make a recommendation to the City Manager who will have
final approval for the courses, degree program, and
payment.
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The City shall pay tuition andbooks reimbursement even
if a course.is not part of a program leading to a degree
providing that thecourse is Job related and approved
by,the City-Manager prior to regiS%ra~on of said course.
section 4.
The City shall provde reimbursement for authorized expenses
associated with training and s~ecial schools attended by the
officer through approval of the Department
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ARTICL~ 25
CAREER PATH PROGRAM
The purpose of this program is to establisk guidelines
for a Career Path Program for Road Patrol Officers below
the rank of Sergeant.
The Career Path Program is designed to accomplish a
three-fold purpose and is voluntary in nature:
a. Recognize and reward the officer through his/her
training and educational achievements.
b. Provide a career development path for the officer.
c. Promote long term dedicated employees by offering
incentives, alternatives and guidance.
The Police Officer Skill Levels III, II and I shall be
as follows:
a. Skill Level Three (III)
(1) Time in grade: new employee to five (5) years
continuous service.
b. Skill Level Two (II)
(1) Time in grade: 5 - 10 years continuous service
(2) Education Requirement (job related): 160 hours -
Career Incentives or Training Courses
(3) Average or above average performance evaluation
for the past two years.
(4Incentive Pay increase - 2%
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c. Skill Level One (I)
(1) Time in grade: 10 plus years continuous service
(2) Educational Requirement: 400 hours - Career
Incentives or Training Courses
(3) Average or above average performance evaluation
for the past Two (2) years
(4) Incentive pay increase 3%
A Police 0fficer~Will need to declare the Career Path
Program; being either career path or career incentive
(however, if max out on career incentive, can use/pursue
career path). No college degree courses will be accepted
When pursuing a college degree-path. Education must be
lob related, and courses/training taken for credit must
be on officer's own time (not City time).
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PERSONNEL RECORDS
Effective 9/30/89
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 sub-
poena, 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 tha~
upon request, a member shall have the right to inspect his
or her own personnel records whenever or however kep~. The
member shall have the right to make duplicate copies of his
or her records at no expense. No record shall be hidden
from a member's inspection and members shall have the right
uo allow anyone of his or her choosing to inspect the per-
sonnel record with written authorization. Members shall
have the right to inspect any and all records used to eva-
luate, promote or in any other manner, classify or direct an
employee.
Section 3. A personnel file for all City employees is main-
tained 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
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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 writing, that specific items be
kept in his/her PersoD//el File.
The Police Department Employee File is not the official
Personnel File. However, when brought to the Police
Department's attention, by the written request of a
member, the respective file will be purged in accordance
with the procedure set forth for the purging of Personnel
Files in the Personnel Department.
Section 4. The City maintains a Citizen's Complaint File
as required by FlorSda State Statute. The material in the
Citizen's Complaint File is not in the officer's Personnel
File. This file will be maintained in accordance witk
Florida State Statutes.
Section 5. Internal Affairs' Files will be kept by the
Police Departmentwhile an Internal Affairs investigation
is ongoing and will not become a part of any Personnel File
until the interim investigation is complete and a civil suit
or other litigation is not pending or expected. The
material in the Internal Affairs' files will be put in the
employee's personnel file and purged and destroyed in accor-
dance with Florida State Statutes.
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~EGAL 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
judgements 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
AWARDS AND COMMENDATIONS
The City, through the leadership of the Chief of Police,
will provide a formal system for awards of various degrees
of service -- from saving lives to awards for courtesy.
These awards.will be in the form of medals, campaign ribbons,
letters of commendation or cash bonus.
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_ARTICLE 27
GRIEVANCE PROCEDURE
In a mutual effort to provide harmonious relations between
the parties~to this Agreement, it is agreed to and
understood by both parties that there shall be a procedure
in this Department for the resolution of grievances, an
alleged violation of a provision of this agreement, as
follows:
Step 1. The aggrieved employee with or without the Union
representative may discuss the grievance with the
supervising Lieutenant within five (8) working days of the
incident (working days for the purpose of this Article will
be defined as Monday through Friday excluding paid holidays)
of the occurrence of the matter giving rise to the
grievance. The supervising Lieutenant shall attempt to
adjust the matter and respond to the parties presenting the
grievance within three (3) working days.
Step 2. If the grievance has not been satisfactorily
resolved in Step 1, the Union representative and the
aggrieved employee may appeal the grievance to the Head of
the Division concerned within five (5) working days after
the immediate supervisor's response is due. The Head of the
Division shall respond, in writing, within five (5) working
days to the Union.
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Step 3. If the grievance has not been satisfactorily
resolved in Step 2, hereof, the Union representative may
present a written appeal to the Chief of Police, or in his/her
absence his/her designated r~placement p~o~vided it~is not a
duplicate of Step 2~ within semen (7) working days ~after the
Division Head's respo~,se is due. The Ckief of.Police shall
respond within seven (7) working days, in writing, to the Union.
Step 4. If the grievance has not been satisfactorily
resolved in Step 3, the Union representative may present a
written appeal to the City Manager, or his/her authorized
representative, within seven (7) working days after the Chief's
response is due. Tf.e City Manager shall respond, in writing,
within ten (10) working days to the Union.
Step 5. If the decision of the City Manager or his/her
authorized representative has not satisfactorily resolved
the grievance, the Union may request arbitration, in
writing, to the Office of the City Manager no later than
five (5) working days after the rendering of the decision by
the City Manager. within five (5) working days from the
written request of either party to the other for arbitra-
tion, the parties shall try to mutually select an impartial
arbitrator. If the'parties are unable or fail to agree upon
an arbitrator during this time period, either party may,
with written notice to the other, request the Federal Mediation
and Conciliation Service to submit a list of names of five
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(5) arbitrators. Both parties will alternately strike one
name until an arbitrator is agreed to.
Step 6. The arbitrator's decision in this matter, if made
in accordance with this contract, shall be final and
binding on the parties. The fees and expenses of the
arbitrator shall be paid one-half by the City and one-half
by the Union. All other expenses in connection with the
presentation of the matter to the arbitrator shall be borne
by the party incurring them. The arbitrator shall have no
power to add to, subtract from, disregard, or modify the
Terms of this Agreement, nor shall his/her decision have the
effect of altering the Agreement.
The arbitrator shall have access to all written documents
and statements pertaining to the grievance. The arbitrator
shall render his/her decision no later than thirty (30) days
after the conclusion of the final hearing. Copies of the
findings of the arbitrator, made in accordance with the
jurisdictional authority under this Agreement, shall be fur-
nished to both parties and shall be final and binding on
both parties.
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ARTICLE 28
RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION
Section 1. The City of Boynton Beach agrees that all rights
of Law Enforcement Officers under investigation detailed and
granted by Florida Statutes.
Section 112.533 (as amended
observed and practiced.
Section 1121532(i)(a)-(i) and
from time to time) will be
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ARTICLE 29
DISCIPLINE AND DISCHAR~R
Section t. Employees may be disciplined only for. just
cause. No employee shall be disciplined without notice of
the charges setting ferth the basis for such discipline.
Section 2.
said disciplinary action reviewed by
or through the grievance arbitration
in this contract, but not both.
Employees shall have the opportunity to have
the Civil Service Board
procedure established
Section 3. The parties recognize that timeliness of
disciplinary action is an essential element of due process.
Accordingly, no employee shall be subjected to disciplinary
action unless a final disciplinary recom~nendation 1s made
by the Police Chief within fourteen (14) days of the con-
clusion of the investigation.
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ARTICLE 30
P~TP~I~S
Section 1. All empleymentpractices listed ~below shall
remain in effect:
A, Lockers.
B. Locker room shower, gym.
C. Shoes every six (6) months.
D, Provide weapons~equipment,
to assignment.
gear appropriate
E. Bullet proof vests.
F. Jackets, raincoat, boots.
G. Desk spaceYoffice supplies.
Approved and required travel expenses.
I. Use of City vehicles for court when available.
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.~T~CLE 31
PERSONAL VEHICLES
Section 1. When an employee is required to use his/her per-
sonal vehicle in the performance of police duties, said
employee shall be reimbursed a mileage rate as established
by City resolution, excluding mileage traveled to and from
the normal work location.
Sec=ion 2. For the purpose of this Article, the performance
of police duties shall include attendance at court, deposi-
tions, administrative hearings, conferences with City offi-
cials, schools and seminars.
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ARTICLE 32
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1. It is agreed and understood that the Police
Department currently has policies, rules and regulations
governing employment. The formulation, amendment, revision
and implementation of any rule shall not be arbitrary or
capricious. In the event of a conflict between the rules
and specific provisions of this Agreement, the Agreement
shall control.
Section 2. In the event the City wishes to amend, revise or
implement any new rule, it shall give ten (10) days notice
to the Union.
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ARTICLE 33
MATERNITY LEAVE
Whenever a female employee Shall become pregnant, she shall
furnish the Police Chief with a certificate from her physi-
cian, stating the approximated expected date of delivery.
She may continue to work as long as her physician certifies
she is able and provided the Police Chief does not find her
work performance impaired. Maternity leave shall start with
cessacion of accual work and continue for a period not to
exceed ~wo (2) months after the date of delivery. She shall
be paid, upon request her earned vacation leave and unused
sick time.
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ARTICLE $4
COMPLETE AGREEMENT AND WAIVER CLAUSE
This Agreement (together with any~ letters of Agreement exe-
cuted concurrently herewith) is the complete Agreement bet-
ween the parties, cancels all prior practices and
agreements, and, except as expressly provided for herein
relieveS'the parties of ~he obligation to bargain on any sub-
ject during the term of this Agreement
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ARTICLE
SEVERABILITY
Section 1. tf any provisions of this Agreement are found to
be invalid by any courts having jurisdiction in respect
thereof, such findings shall not affect the remainder of
this Agreement, and all other terms and provisions shall
continue in full force and effect.
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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ARTICLE 36
MAINTENANCE OF CONTRACT
Ail matters pertaining to working conditions and benefits
guaranteed by law shall apply to the extent that they are
not in conflict with the previsions of this Agreement.
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ARTICLm. 37
DURATION
Upon formal
Commission, and execution and signing by the parties,
Agreemen= shall become effective from October 1, 1991,
shall remain in full fQrce and effect until September
For fiscal year i9~92/93 (second year of contract), the only
articles open for negotiations by either party shall be:
Article 12 Wages, Sections 1 and 2; Article 18 Sick Leave,
Section 2b; and Article 22 Training. Absent timely written
notice hereunder, this Agreement shall automatically renew
itself for an additional Contract year. Either party shall
notify the other in writing, not prior to April 15 nor later
than May 1, 1993, expressing a desire to negotiate a new
con=tact. Written notice to be given under this Article
shall be given by registered or certified mail to the City
Manager, City of Boynton Beach, P.O. Box 310, Boynton Beach,
Florida 33425-0310, and/or the President of the Palm Beach
County Police Benevolent Association, 1501 Whitehall Road,
West Palm Beach, Florida 33405.
ratification by the Union, adoption by the City
this
and
30, 1993.
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Agreed to this day of
1992, by and between the respective parties through the
authorized representatives of the Union and the City.
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION
CITY OF BOYNTON BEACH, FLORIDA
Witness
By:
Mayor Arline Weiner
ATTEST:
Witness
City Clerk
Approved as to Form
and Correctness:
City Attorney
City Manager
1991/1993