R19-140 RESOLUTION R19-140
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
• FLORIDA, RATIFYING A COLLECTIVE BARGAINING
• AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND THE PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION (PBA) FOR THE OFFICER AND
DETECTIVE BARGAINING UNIT FOR THE PERIOD OF
OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2022;
1 i AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
t.
WHEREAS, the City and the Palm Beach County PBA successfully negotiated a
1, new three year Collective Bargaining Agreement; and
1• WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
is and
1 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
t; the best interests of the residents and citizens of the City to ratify and execute the
1. Agreement.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2
2. OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
2- Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
2 ratified and confirmed by the City Commission.
2+ Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach
2; and the Palm Beach County PBA for the Officer and Detective bargaining unit for the
2' period of October 1, 2019 through September 30, 2022, and authorizes the Mayor and City
31 Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A".
3
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Section 3. This Resolution will become effective immediately upon passage.
3 �,,,,�,{,
PASSED AND ADOPTED this J"hday of November, 2019.
4
6 CITY OF BOYNTON BEACH, FLORIDA
YES NO
9
1( Mayor—Steven B. Grant
11
13 Vice Mayor—Justin Katz ✓
13
14 Commissioner—Mack McCray ✓
19
1f: Commissioner—Christina L. Romelus
1 F Commissioner—Ty Penserga
19
20
2' VOTE c-0
23
23 ATTEST:
24
29
26
2' C tal Gibson, MMC
28 City Clerk
29
30
3
' 31 (Corporate Seal)
3:
--4 34
% i3 39
1,4
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AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
POLICE OFFICERS AND DETECTIVES
OCTOBER 1, 2019 - SEPTEMBER 30, 2022
TABLE OF CONTENTS
ARTICLE PAGE NO
1 Preamble 1
2 Recognition and Notice 2
3 Non-Discrimination 3
4 Dues Deduction 5
5 Union Business 6
6 Bulletin Board 7
7 Assignment Pay 8
8 Vacancies and Probation 9
9 Management Rights 10
10 Hours of Work and Overtime 11
11 Wages 13
12 Seniority 15
13 Additional Monetary Benefits 16
14 Uniforms 19
15 Annual Occupational Fitness Evaluations 20
16 Group Insurance 22
17 Leaves 25
18 Holiday Pay 29
19 Funeral Expenses 31
20 Training 32
21 Career Path Program 33
22 Personnel Records 34
23 Legal Action 35
24 Discipline 36
25 Appeals of Disciplinary Action 37
26 Grievance and Arbitration Procedure 38
27 Personal Vehicles 42
28 Drug Testing 43
29 Posting 44
30 Complete Agreement and Non-Waiver Provision 45
31 Severability 46
32 Duration 47
33 Take Home Vehicles 48
34 Off Duty Details 49
35 Pension 51
Appendix 1: Field Training and Police Training Officers 53
Addendum "A"- Drug Free Workplace Policy 54
Addendum "B" - Mutual Consent Agreement (IPTR) 65
Addendum "C" -Tuition Assistance Program 67
Police Officers and Detectives:October 1,2019-September 30,2022 i
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.
Police Officers and Detectives:October 1,2019-September 30,2022 1
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 classifications: Police Officer and
Detective,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 designee(s) 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.
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.
All notices to the City will be addressed to the City Manager with a copy to the City's Human
Resources Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. 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.
Police Officers and Detectives:October 1,2019-September 30,2022 2
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 sole remedy for charges in
this paragraph is the filing of an Unfair Labor Practice (ULP).
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, gender, gender identity or expression, national origin, physical or
mental disability, sexual orientation, age, marital status, or any other unlawful factor.
Alleged violations of this section shall not be subject to the grievance and/or arbitration
procedure established herein; rather, they may be filed with and remedied by the
appropriate local, state, and/or federal agency. Sustained allegations of violations of this
paragraph resulting from an internal investigation remain subject to the grievance and/or
arbitration procedures established herein.
Bargaining unit members have an affirmative duty to report any discriminatory conduct to
the City's Director of Human Resources and Risk Management and Internal Affairs.
Complaints of Alleged Violations of EEOC Laws
Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any
provision of a law/regulation under the purview of the Equal Employment Opportunity
Commission (EEOC) requires involvement and oversight by the City's designated EEO
Officer: the Director of Human Resources and Risk Management. As such, the Director of
Human Resources and Risk Management shall be immediately notified by the Police Chief
(or Acting Police Chief) of any such complaint/allegation made against a Law Enforcement
Officer and of the opening of an Internal Affairs case/investigation related to such
complaint/allegation. The Director of Human Resources and Risk Management is subject to
all confidentiality requirements applicable to Internal Affairs investigations and the
penalties for violating any such provision.
The Director of Human Resources and Risk Management shall have immediate access to and
shall promptly review the complaint/allegation and any information provided in connection
with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult
with the Director of Human Resources and Risk Management on all aspects of the
Police Officers and Detectives:October 1,2019-September 30,2022 3
investigation. The Director of Human Resources and Risk Management may be present at
any investigatory interview/interrogation but may not directly question a member during
that interview unless requested by the member.
Any complaint of a Law Enforcement Officer's alleged violation of any provision of a
law/regulation under the purview of the EEOC that is made directly to,or filed directly with,
a member of the City's Human Resources and Risk Management Department shall be
immediately referred to the Police Chief(or Acting Police Chief).
The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532,
112.533, and 112.534, commonly known as the "Police Officers Bill of Rights," throughout
the investigation.
Police Officers and Detectives:October 1,2019-September 30,2022 4
ARTICLE 4
DUES DEDUCTION
The City will deduct Union dues from the pay of any bargaining unit member who voluntarily
requests such deductions upon receipt of a notice from the PBA and approval by the City.
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) calendar days after notification of the revocation of the
authorization to deduct by the employee.
5
Police Officers and Detectives:October 1,2019-September 30,2022
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 bargaining unit member when:
1. The member is required to appear at a hearing related to a grievance.
2. The member is presenting or responding to a grievance.
3. The member is subject to questioning and believes (s)he may be
disciplined. The City may negate the member'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 member 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 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.
Police Officers and Detectives:October 1,2019-September 30,2022
ARTICLE 7
ASSIGNMENT PAY
Employees may be assigned to or removed from specialty units at the discretion of the Chief
of Police. With the exception of assignments to K-9, marine and motorcycle, assignments
may not be declined if the assignment has been posted and less than two members apply for
the assignment.An assignment taken involuntarily will not exceed 90 calendar days in total.
Removal from an assignment is not subject to grievance. Only the following assignments
have a temporary monetary benefit, which ends when the employee is removed from the
assignment:
ASSIGNMENT: MONETARY VALUE:
FTO1 (Field Training Officer) 7%when actively training for one or more full
shifts.
PTO1 (Police Training Officer) 7%when designated to training activities.
SWAT (Special Weapons &Tactics) 10%when engaged in actual response; not
training.
HNT (Hostage Negotiation Team) 10%when engaged in actual response; not
training.
K-9 and Therapy Dog Unit Employees assigned to the K-9 Unit or to work
with a therapy canine will receive one (1) hour of
overtime for K-9 care, equipment maintenance
and vehicle cleaning for each regular day off,
vacation day when the dog is not kenneled or
otherwise boarded. K-9 officers will be allowed
one (1) hour of duty time per work day to tend to
K-9 care, equipment maintenance and vehicle
cleaning. Employees on vacation will be credited
one (1) hour per day for K-9 care, equipment
maintenance and vehicle cleaning.
Acting Sergeant 7%following four (4) consecutive hours of
assignment
Detectives
No further promotions to the rank of Detective First Grade (DFG) will occur (the rank had
been eliminated). The members that had been promoted into that position are
grandfathered in and have a base hourly rate of pay that is ten percent (10%) higher than
the officer step 10.
1 See Appendix 1 for FTO&PTO program guidelines.
Police Officers and Detectives:October 1,2019-September 30,2022 8
ARTICLE 8
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. Police Officer Recruits that are sponsored by the agency have a probationary
period of one year that starts after passing the FDLE certification exam.
Section 3. All newly hired certified officers have a probationary period of one (1) year from
the date of hire.
Section 4. Probation may be extended for the following reasons with concurrence of the
Police Chief, Human Resources Director,and City Manager:
a. For reasons of performance,probation may be extended for an additional ninety(90)
days
b. For any extended absence in which the employee is unable to fully participate in
training and/or does not have sufficient time in service in which to be evaluated,
probation may be extended for an amount of time deemed reasonable by the City,but
not to exceed the total length of cumulative absences.
c. The City's right to extend the probationary period of an employee does not create a
right or entitlement of the employee to have their probationary period extended.
Police Officers and Detectives:October 1,2019-September 30,2022 9
ARTICLE 9
MANAGEMENT RIGHTS
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 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.
Police Officers and Detectives:October 1,2019-September 30,2022 10
ARTICLE 10
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 172 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.
Overtime pay,when so granted,will normally be contained in the member's next regular pay
check following the time worked.
Employees who are in an on-duty status within seven (7) minutes either prior to or after
their shift will not be eligible for overtime pay. Employees who are in an on-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.F.R. § 785.48.
Example:
6:53 - 7:07 = 7:00
7:08-7:22 = 7:15
7:23 - 7:37 = 7:30
7:38- 7:52 = 7:45
Section 2.
Pursuant to Article 9, 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 request by the
employee and mutual agreement between employee and supervisor. 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) calendar days of advanced notice to the Union
of the change.
Police Officers and Detectives:October 1,2019-September 30,2022 11
Section 3. Shift Vacancy Procedure:
Step 1: Vacancies will be filled with the off-going shift platoon by seniority.
Step 2: These vacancies will be first offered to all Road Patrol Officers called in
through seniority list.
A. The list will start with the most senior road patrol officer eligible to work
call-back overtime by ID number.
B. In the event the shift vacancy is filled,the list will reset to the most senior
road patrol officer.
Step 3: All other personnel eligible for call-back overtime by seniority.
A. Must be eligible to work the entire shift vacancy.
Step 4: Detective First Grade personnel called in by seniority.
A. Must be eligible to work the entire vacancy.
Step 5: Ordered in by reverse seniority.
Section 4.
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 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. The continuous sixteen (16) hours does not include time spent in court,
depositions,filings, and similar judicial responsibilities.
Section 5.
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 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 Sergeant and to Risk Management 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.
Police Officers and Detectives:October 1,2019-September 30,2022 12
ARTICLE 11
WAGES
Effective October 1, 2019 the following Step Pay Plan is in effect:
• Year One: On October 1, 2019, each bargaining unit member will be placed in the
step that corresponds with his/her current years of sworn service at the City. On the
anniversary date of the member's sworn service date, (s)he will advance to the next
step. There is no payment or advancement beyond Step 10.
Step Salary
0 $ 56,825
1 $ 59,240
2 $ 61,758
3 $ 64,382
4 $ 67,119
5 $ 69,971
6 $ 72,945
7 $ 76,045
8 $ 79,277
9 $ 82,646
10 $ 86,159
• Year Two: On October 1, 2020, each bargaining unit member will be placed in the
step that corresponds with his/her current years of sworn service at the City. On the
anniversary date of the member's sworn service date, (s)he will advance to the next
step in the pay plan. There is no payment or advancement beyond Step 10.
Step Salary
0 $ 56,825
1 $ 59,666
2 $ 62,650
3 $ 65,782
4 $ 69,071
5 $ 72,525
6 $ 76,151
7 $ 79,958
8 $ 83,956
9 $ 88,154
10 $ 92,562
Police Officers and Detectives:October 1,2019-September 30,2022 13
• Year Three: On October 1, 2021, each bargaining unit member will be placed in the
step that corresponds with his/her current years of sworn service at the City. On the
anniversary date of the member's sworn service date, (s)he will advance to the next
step in the pay plan. There is no payment or advancement beyond Step 10.
Step Salary
0 $ 57,825
1 $ 60,716
2 $ 63,752
3 $ 66,940
4 $ 70,287
5 $ 73,801
6 $ 77,491
7 $ 81,366
8 $ 85,434
9 $ 89,706
10 $ 94,191
Grandfathered Detectives First Grade are paid at an hourly base rate that is ten percent
(10%)higher than the step rate that corresponds to their current total years of sworn service
at the City.
Police Officers and Detectives:October 1,2019-September 30,2022 14
ARTICLE 12
SENIORITY
Section 1.
Seniority consists of continuous accumulated paid sworn 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 that seniority shall govern,or in the case of layoffs be a factor in,the following
matters:
A. Layoffs will be in the following order:
Officers who have completed three and one half(3.5) or more years of DROP,
then by reverse seniority in rank. Members who have been laid off are subject
to recall for up to one (1) year.
B. Semi-Annual Shift Bidding Process.
C. Any special event (Holiday Parade, July 4th, or any other event) shall be
offered through a rotating list of bargaining unit personnel based upon
Department seniority. This section does not apply to special event which
require specified and established training and skills.
Section 3.
Assignments to platoons,divisions,and units,is a management right. Seniority will be given
great weight in the selection process, after qualifications and balance of personnel are
considered. Seniority may not in all cases be a prevailing qualification or the sole basis for
the selection. The decision may be reviewed upon request by the Chief of Police who has the
final decision.
Section 4.
In the event of a declared emergency alternate shifts or work schedules may be adopted by
the Chief of Police as needed.
Section 5.
Employees who separate from employment with the Boynton Beach Police Department and
thereafter return to employment shall not be permitted to bridge seniority.
Police Officers and Detectives:October 1,2019-September 30,2022 15
ARTICLE 13
ADDITIONAL MONETARY BENEFITS
Section 1. Compensatory Time
(a) Bargaining unit members may be eligible for compensatory time accrual at the
discretion of the Police Chief (or Designee) for participating in required
educational and/or required training activities,special projects,and/or events. In
addition, members are eligible to convert any overtime hours to compensatory
time,subject to the following:
i. All compensatory time will be earned/accrued at the rate of one and a half
(1.5) times for each one (1) hour worked [in quarter (0.25) increments]
and with a maximum accrual cap of two hundred forty (240) hours.
ii. When a member's compensatory time accrual balance reaches two
hundred forty (240) hours, the member is no longer eligible to accrue
compensatory time until the accrual balance falls below one hundred
ninety-five (195) hours. The member is also required to schedule and use
a minimum of forty-six (46) compensatory time hours within the next one
hundred eighty (180) days.
iii. In the event the member fails to schedule and take a minimum of forty-six
(46) compensatory hours during the one hundred eighty(180) day period,
dates will be scheduled by a Command Staff member and required to be
taken as scheduled.
iv. Reasonable compensatory time requests of one (1) day that are denied for
operational reasons will be considered for payout up to three (3) times
during each fiscal year.
(b) A bargaining unit member who is promoted to a position outside of the Police
Officers &Detectives bargaining unit, or who separates from employment will be
paid the balance of all unused compensatory time at his/her last hourly base rate
of pay in the Police Officers' or Police Detectives' rank. .
Section 2. Call Back
A notification/call-out may be done by e-mail if a shift vacancy is expected/known prior to
forty-eight (48) hours of the shift needing coverage. This notification would be for all
members, including the off-going shift. 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 not 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(1.5) times
his or her regular rate of pay. When an officer is called for call back (s)he 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
Police Officers and Detectives:October 1,2019-September 30,2022 16
called for call back,his/her supervisor will indicate as to whether or not (s)he should arrive
in uniform or in plain clothes, if the option is available.
Section 3. 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.
B. 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 straight 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 (1) 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.
C. 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 documentation to the Department.
Section 4. On Call
Any bargaining unit member who is on an "on-call" status (other than court time as outlined
in Article 14, Section 3) shall receive compensation of one hour of pay at time and one half
for each day (24 hour period) (s)he is on call. No member will be placed in an on-call status
without the approval of a Command Staff member.
Section 5. Shift Swaps
The City will establish the hours of work best suited to meet the operational and fiscal needs
of the Department. Any officer who accepts and participates in a shift swap will follow the
proper protocol. No officer shall pay or otherwise compensate a fellow officer for swapping
shifts. If the officer is sick and cannot meet his/her obligation to work the shift, they are
permitted to find a replacement without penalty. If any officer abuses this privilege by
calling in sick the first time, they will lose the sick time (per hour) and be suspended from
shift swaps for three (3) months. The second subsequent sick call will be a six (6) month
suspension from shift swaps, and the third sick call could force the member to be
permanently disqualified from shift swaps. The member calling in sick will not be penalized
if they provide a legitimate excuse or provide documentation of being sick.
Section 6. Shift Changes - Employer
An officer will be given adequate advance notice as determined by the Police Chief of any
change in his/her regular hours of work except when an emergency exists. Notice given that
is less than forty-eight (48) hours before any changed schedule (assignment days or days
Police Officers and Detectives:October 1,2019-September 30,2022 17
off)is to take effect entitles the officer to receive compensation at the rate of one and one-half
(1.5) times his/her regular hourly rate for the first day of his/her tour of duty.
Section 7. City Business Outside of Palm Beach County
The City agrees that any member who is required to be out of Palm Beach County to attend
court proceedings as a representative for the City, seminars, or for any other reason as a
result of his/her official City duties as a police officer (s)he will be paid his/her regular rate
of pay for each day or partial day required for said purposes.
Any travel outside of the State of Florida requires the City Manager's written approval prior
to the purchase or payment of any fees for registration,travel, and/or accommodations.
Police Officers and Detectives:October 1,2019-September 30,2022 18
ARTICLE 14
UNIFORMS
Section 1.
After a Bargaining unit member's initial allocation of uniforms,the City will provide two (2)
full uniform sets and one (1) pair of shoes per fiscal year. 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 Police Chief(or Designee),and if adequate
funds are available in the City Budget. Members of the bargaining unit assigned to plain
clothes duty will receive up to a total of $1,400.00 a fiscal year, limited to $350.00
installments at the end of each quarter,in lieu of uniforms for clothing used at work.
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.
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.
AVLs: An AVL Committee will meet to discuss the use of AVLs and a policy will be developed.
Police Officers and Detectives:October 1,2019-September 30,2022 19
ARTICLE 15
ANNUAL OCCUPATIONAL FITNESS EVALUATIONS
Section 1. Physical Evaluation:
Due to the importance of certification of fitness for duty, bargaining unit members are
required to attend and participate in an annual occupational fitness evaluation as scheduled.
In any instance where a bargaining unit member is required to complete this evaluation off
duty, (s)he will receive compensation equaling two (2) hours at a rate of one and a half(1.5)
times the bargaining unit member's hourly rate of pay.
A. It is the responsibility of the bargaining unit member to ensure that this annual
physical evaluation and all follow-up testing required solely as a result of being
found "unfit for duty" by a medical doctor are completed in a timely manner and
as scheduled.
B. Failure to attend,and/or participate in the annual occupational fitness evaluation
as required will result in the bargaining unit member being placed on a"no work"
status until the evaluation is complete. Compensation for time in a "no work"
status will be through the use of only accrued and unused sick leave,
compensatory time,and vacation leave(in that order). If all aforementioned leave
time is exhausted, the bargaining unit member will be placed in an unpaid status
until such time that the full evaluation and any required follow up is completed.
C. For the term of this Agreement, the City will contract with a qualified medical
provider to perform the annual occupational fitness evaluation. October 1, 2019
through September 30, 2022, the City is using LifeScan as its provider for these
services. Records associated with this physical evaluation and any follow up
evaluations required solely in connection with the return to work of an employee
who was found to be "unfit for duty" are provided to the Director of Human
Resources and Risk Management, who will ensure the records are properly
maintained in the employee's confidential medical file,which is separate from the
employee's personnel file. Further, an employee who was found to be "unfit for
duty,"or who was recommended for referral to another medical provider,may be
contacted by Human Resources and Risk Management regarding ADAAA, FM LA,
and/or Workers' Compensation.
Section2. Immunization:
The City shall provide opportunity for members to receive immunizations during the term
of this Agreement for all members as a means of protection from the following:
• Hepatitis —Type B: Available to all bargaining unit members
Police Officers and Detectives:October 1,2019-September 30,2022 20
o 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.
• Hepatitis -Type A: Available to all bargaining unit members.
o 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.
• The City shall offer flu shots for all members as a means of protection from
contracting the flu while working during flu season.
Section 3. Other Testing:
• The City shall provide lead testing for Range Instructors.
• The City will provide for AIDS and Hepatitis screening in instances where a member
is exposed to situations or persons presenting such biological contamination threat.
Section 4. Exposures:
The City acknowledges and complies with all statutory notice requirements and
presumptions regarding exposures in the line of duty.
Police Officers and Detectives:October 1,2019-September 30,2022 21
ARTICLE 16
GROUP INSURANCE
Section 1. Medical, Dental,and Vision Insurance
The sole medical benefit plan currently available to employees is a High Deductible Health
Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and
vision insurance premiums shall be paid by the City for bargaining unit members while they
are employed by the City. Members are responsible for the cost of covering dependents on
these plans.
The City Commission, through the Annual Budget process, may appropriate funds to
subsidize employees' premium costs for employees who cover dependent children on their
City medical plan. Any subsidy offered does not extend beyond the plan year for which it is
budgeted, and the offering of, and/or amount of, any such subsidy is not subject to
negotiation.
Medical Insurance:
Plan Year One: October 1, 2019 -September 30, 2020
Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand
dollars ($1000.00),after pension deduction, of any combination of sick and vacation time at
the 100% conversion rate to help fund their HSA. For Plan Year One,this conversion can be
done at the following times:
i. October 1, 2019 - November 15, 2019 (any amount up to an annualized total of
$1000.00).
ii. April 1,2020-April 30, 2020 (any amount up to an annualized total of$1000.00).
iii. "Annualized" means plan year/contract year/fiscal year October 1, 2019 through
September 30, 2020.
New Hires:
Bargaining unit members hired on or after October 1, 2019,and who elect to be covered on
the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33)
per active month of service for the City to deposit into their HSA through September 2020.
This initial deposit will be made the first check of the month in which the member becomes
enrolled in the City's group medical insurance.
Plan Year Two: October 1, 2020 - September 30, 2021
HSA Contributions:
Police Officers and Detectives:October 1,2019-September 30,2022 22
The City will contribute an annualized total of one thousand dollars ($1000.00) into a
bargaining unit member's Health Savings Account (HSA) on the first full pay check date
following January 1, 2021.
i. In order to be eligible for the HSA deposit above, a bargaining unit member must
have been actively employed with the City on September 30, 2020.
Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand
dollars ($1000.00),after pension deduction, of any combination of sick and vacation time at
the 100%conversion rate to help fund their HSA. For Plan Year Two,this conversion can be
done at the following times:
i. January 1, 2021 - January 31, 2021 (any amount up to an annualized total of
$1000.00).
ii. April 1,2021 -April 30, 2021 (any amount up to an annualized total of$1000.00).
iii. "Annualized" means plan year/contract year/fiscal year October 1, 2020 through
September 30, 2021.
New Hires:
Bargaining unit members hired on or after October 1, 2020,and who elect to be covered on
the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33)
per active month of service for the City to deposit into their HSA through September 2021.
This initial deposit will be made the first check of the month in which the member becomes
enrolled in the City's group medical insurance.
Plan Year Three: October 1, 2021 - September 30, 2022
HSA Contributions:
The City will contribute an annualized total of one thousand dollars ($1000.00) into a
bargaining unit member's Health Savings Account (HSA) on the first full pay check date
following January 1, 2022.
i. In order to be eligible for the HSA deposit above,a bargaining unit member must
have been actively employed with the City on September 30, 2021.
Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to one thousand
dollars ($1000.00),after pension deduction, of any combination of sick and vacation time at
the 100% conversion rate to help fund their HSA. For Plan Year Three, this conversion can
be done at the following times:
i. January 1, 2022 - January 31, 2022 (any amount up to an annualized total of
$1000.00).
Police Officers and Detectives:October 1,2019-September 30,2022 23
ii. April 1,2022 -April 30, 2022 (any amount up to an annualized total of$1000.00).
iii. "Annualized" means plan year/contract year/fiscal year October 1, 2021 through
September 30, 2022.
New Hires:
Bargaining unit members hired on or after October 1, 2021, and who elect to be covered on
the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33)
per active month of service for the City to deposit into their HSA through September 2022.
This initial deposit will be made the first check of the month in which the member becomes
enrolled in the City's group medical insurance.
Section 2. Life Insurance:
Bargaining unit members are provided with a thirty-five thousand dollar ($35,000) term
life and accidental death policy with the premium paid by the City.
Police Officers and Detectives:October 1,2019-September 30,2022 24
ARTICLE 17
LEAVES
Section 1. Vacation
A. Accrual:
1. Bargaining unit members accrue vacation hours each pay period when they are in
an active paid status of twenty-four (24) or more hours in a work week. No
member may use more vacation leave than (s)he has accrued. The chart below
shows the maximum annual accrual of vacation hours based on years of service:
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
2. A bargaining unit member may accrue vacation hours up to the Allowable
Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent
years of employment. During the fiscal year, vacation hours may accrue beyond
the Allowable Maximum; however, any accrued and unused vacation hours
exceeding the Allowable Maximum on September 30th of each year will be
forfeited.
B. Requests:
Police Officers and Detectives:October 1,2019-September 30,2022 25
1. Vacation requests maybe submitted from 14-45 days in advance for vacation.
In the event of conflicting requests for vacation dates, the senior member's
request shall prevail provided the more senior member's request was
submitted thirty (30) days prior to the date(s) requested.
2. Vacations of two (2) days or less may be made with twenty-four (24) hours of
advance notice.
3. All other requests submitted with less than thirty (30) days of notice shall be
on a first come first serve basis regardless of seniority.
4. Request for emergency vacation leave will considered individually by the
Chief.
5. A bargaining member who is absent without approval will not be compensated
for the time absent and may be subject to disciplinary action.
C. Bonus Vacation Hours:
Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly
basis by participating in and/or meeting certain benchmarks in department and City
safety and wellness incentives. Details of each quarter's incentive program
benchmarks will be provided and published.
Section 2. Sick Leave
A. Accrual:
Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for
an annualized total of ninety-six (96) hours per year. In order to receive accrued sick
leave in a work week, a member must have been in an active paid status of twenty-
four(24) hours or more. No member may use more sick leave than (s)he has accrued.
B. Notice of Use of Sick Hours:
Unscheduled Sick: A member shall notify his/her immediate supervisor or
designee, in a manner provided for by management, of his/her illness not less than
sixty(60) minutes before the start of his/her scheduled shift. If a member fails to call
in within the specified time, the member may be subject to progressive discipline.
This notice procedure shall be followed for each day the member is unable to report
to work unless the member has been authorized by Human Resources and the City
Manager for an extended leave of absence.
Scheduled Sick: A member may request, with a minimum of forty-eight (48)
hours of advanced notice, to use scheduled sick hours for medical, dental, optical,
appointments and/or procedures. Documentation to support payment under the
"scheduled sick"pay code must be provided with payroll. Unsubstantiated use of such
time will result in the time being recoded to "sick."
Police Officers and Detectives:October 1,2019-September 30,2022 26
Sick hours maybe requested and/or utilized upon approval of the Police Chief
(or Designee) for the following reasons:
1. Member's health,or up to forty(40) hours per fiscal year for illness
of immediate family member: the member's parent, spouse, or
child.
2. Medical, dental, or optical treatment that is determined in writing
by a physician to be necessary and must be performed during
working hours.
3. Quarantine due to exposure to contagious disease.
4. In connection with a member's Workers'Compensation case,where
(s)he has declined a light duty assignment or where no such
assignment is available.
5. In connection with an approved Family and Medical Leave Act
(FMLA) leave for a serious medical condition of the member,or the
member's immediate family member,as defined in (FMLA).
The following conditions may be deemed as excessive/abusive use of sick
leave and may result in a referral to Human Resources for FMLA and/or
progressive discipline:
1. Members who have developed a pattern of sick leave usage.
2. Members who are required to use vacation leave in lieu of or in
supplementation of sick leave to compensate for absences (except
approved FM LA).
C. Documentation Required:
For any use of sick time in excess of three (3) consecutive work days, a member is
required to provide written medical certification to the Human Resources and Risk
Management Department upon return to work.
"Consecutive work days" means any day for which a member was scheduled to work,
including additional or"overtime" shifts.
D. Payout of Sick Leave
1. Members who are terminated from the City are not eligible for a payout of
sick leave.
2. Members will have payment made for their accrued and unused sick hours,
at the percentage specified in the table below, upon resignation,
retirement, change in status from full time to part-time, or death.
(Retirement shall include normal retirement, disability retirement, or
early retirement as defined in the appropriate Pension Plan).
Police Officers and Detectives:October 1,2019-September 30,2022 27
Continuous Years of Service Percentage of Sick Leave Payout
Less than 5 full years 0%
years but less than 10 full years 25%
More than 10 full years 50%
Upon retirement from the City 50%
3. An employee retains his/her accrued and unused sick hours while
employed in a full time position with the City. If an employee's status
converts to a part-time position, whether voluntarily or involuntarily,
(s)he will have his/her accrued and unused sick leave paid out pursuant to
the aforementioned table..
E. Sick Leave Conversion:
Members who have more than one hundred twenty (120) hours of sick leave as 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 eighty (80) hours.
This conversion payout will occur by September 30th.
F. Sick Leave Donations:
Sick Leave Donations are available pursuant to City policy.
Section 3. Personal Leave
At the sole discretion of the Police Chief(or Designee), a member may be granted up
to forty-six (46) hours of paid personal leave in a fiscal year. There is no entitlement
to Personal Leave, and the Police Chief's approval of or denial of such leave is not
subject to grievance.
Section 4. Bereavement Leave
In the event a member has experienced the death of his/her mother, father, foster
parent, step-parent, brother, sister, husband, wife, registered domestic partner, son,
daughter,grandparents,grandchildren,mother-in-law,father-in-law,sister-in-law or
brother-in-law, or grandparent of spouse or registered domestic partner, a member
may use paid compassionate leave not to exceed three (3) consecutive shifts for any
one death. However,if it is necessary for the member to leave the State in connection
with the internment of the deceased, the member may use an additional two (2)
consecutive shifts. Members must submit proof of death within thirty (30) days in
order to be eligible for paid compassionate leave. The City Manager may grant
additional compassionate leave at his/her sole discretion.
Police Officers and Detectives:October 1,2019-September 30,2022 28
ARTICLE 18
HOLIDAY PAY
Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner:
A. The second paycheck in October, members will receive 90 hours
straight time Holiday Pay at current rate of pay on check date. This
payment is for the following holidays:
o Veterans' Day
o Thanksgiving Day
o Day After Thanksgiving
o Christmas Eve
o Christmas Day
o New Year's Day
B. The second paycheck in January, members will receive 75 hours
straight time Holiday Pay at current rate of pay on check date. This
payment is for the following holidays:
o Martin Luther King,Jr. Day
o Presidents' Day
o Memorial Day
o Independence Day
o Labor Day
Section 2. Bargaining Unit Members must be actively employed on the paycheck date in
order to receive the Holiday Pay in Section 1.
Section 3. Bargaining Unit Members who leave employment must pay back any holidays
for which they were paid but were not employed on date of holiday. This
payment will be deducted from the member's final pay check at the hourly rate
at which the holiday was paid.
Section 4. New Hires will receive Holiday Pay on a pro-rated basis on the first paycheck
of the month following date of hire. The proration will be calculated as follows:
A. If hired between October 1st and January 1st,(s)he will receive Holiday
Pay for only the holidays in Section 1A that occurred while (s)he was
actively employed.
B. If hired between January 2nd and September 30th, (s)he will receive
Holiday Pay for only the holidays in Section 1B that occurred while
(s)he was actively employed.
Police Officers and Detectives:October 1,2019-September 30,2022 29
Section 5. There is no additional pay, premium or otherwise, for time worked on City-
observed or actual holidays.
Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do
not work on City-observed or actual holidays.
Section 7. Members with non-road patrol assignments whose scheduled work day falls
on a City-observed holiday may have the following options (based upon
scheduling approval of Supervisory Chain of Command):
a) Work on the City-observed holiday and get paid at straight time for the actual hours
worked,or
b) Not work on the City-observed holiday and request to use paid leave (such as
available comp time or vacation leave) to be compensated for the hours, or
c) Not work on the City-observed holiday and be in an unpaid status for those hours
(absent any request to use available paid leave), or
d) With advanced agreement and approval from supervisor,a non-road patrol member
may flex his/her schedule during any work week in which there is a City-observed
holiday.
Police Officers and Detectives:October 1,2019-September 30,2022 30
ARTICLE 19
FUNERAL EXPENSES
Section 1. The City will make a payment of fifteen thousand dollars ($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 complete the appropriate form to 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) calendar days.
Police Officers and Detectives:October 1,2019-September 30,2022 31
ARTICLE 20
TRAINING
Section 1.
a. Mandatory Officer Training Requirements
All basic mandatory training and retraining that an officer is required to attend while off
duty will be compensated at a rate of one and a half(1.5) times the officer's hourly base
rate for actual time in training.
b. Conferences.Seminars. Other Training/Special Programs
Other off-site training/special programs, including but not limited to conferences and
seminars, for which the City approves a member to attend and pays the associated
expenses are exempt from compensation other than the member's hourly base rate of
pay for hours of actual classes while in attendance and for any hours the member is
attending that were regular scheduled work hours. The City reserves the right to flex a
member's work schedule to reduce the cost of overtime that may result from a member
attending such classes on non-scheduled work days.
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 Assistance
The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance
Program,which is attached as Addendum "C." The provisions of this Section and Addendum
"C" relate to the reimbursement assistance for General Education Core Courses and Degree
Program Core Courses. For the term of this Agreement, Tuition Assistance is funded at
thirty-five thousand dollars ($35,000) per fiscal year and covers members of both the Police
Officers&Detectives unit and the Police Sergeants unit.
The provision of the City's Tuition Assistance Program that restricts DROP participants from
eligibility is not applicable to members of any PBA bargaining unit.
Section 4.
The City will reimburse members for authorized expenses associated with attending training
and special schools as approved by the Police Chief.
Police Officers and Detectives:October 1,2019-September 30,2022 32
ARTICLE 21
CAREER OFFICER PROGRAM
The City agrees to discuss the development of a Career Officer Program on or after January
15, 2021 at the request of the Union.
Police Officers and Detectives:October 1,2019-September 30,2022 33
ARTICLE 22
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 Florida State
Statutes.
Section 3.
All bargaining unit members covered by this Agreement must be notified within twenty-four
(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.
Police Officers and Detectives:October 1,2019-September 30,2022 34
ARTICLE 23
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.
Police Officers and Detectives:October 1,2019-September 30,2022 35
ARTICLE 24
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 who, thereafter, is
demoted shall be returned to the position and shift he or she occupied immediately prior to
the promotion or to a position and shift consistent with his or her seniority as a sworn officer
with the Police Department, whichever is more favorable for the member. Personnel re-
entering the bargaining unit as provided above shall be placed in their respective Step Pay
Plan based upon their completed years of sworn service with the City of Boynton Beach
Police Department at the time of demotion.
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 completes an investigation of
bargaining unit members that could result in disciplinary action or when an employee is
given a suspension.
Police Officers and Detectives:October 1,2019-September 30,2022 36
ARTICLE 25
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.
Appeals of disciplinary action shall be handled as follows:
MAJOR DISCIPLINE:
Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the
Grievance Process pursuant to Article 26.
MINOR DISCIPLINE:
A. Written reprimands may not be appealed but the Employee may submit a written
response provided the response is submitted within fifteen (15) calendar 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.
B. 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 via
electronic mail to the City Manager and the Director of Human Resources and Risk
Management within fifteen (15) calendar days of notice of the suspension without
pay. The City Manager shall render a decision within twenty (20) calendar 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 may conduct interviews with the
grievant, departmental staff, or members of the bargaining unit as part of his/her
review of the discipline.
Police Officers and Detectives:October 1,2019-September 30,2022 37
ARTICLE 26
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 maybe brought following the procedures set forth in Article 25.
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.
Section 4. All references to "days" in this Article shall mean calendar days.
Section 5. Procedures
A. Grievance Procedures
Step One- Police Chief
The aggrieved employee(s) or an Association representative on behalf of an
aggrieved employee(s) shall file a Step One written grievance by electronic mail to
the Police Chief and the Director of Human Resources and Risk Management on or by
the fifteenth (15th) day of the occurrence or on or by the fifteenth (15th) day of when
the employee(s) knew or should have known of the occurrence.
All grievances shall include the following:
a. Statement of the grievance and the facts and circumstances upon which
it is based;
b. Name and rank of grievant(s);
c. The Article(s) and Section(s) of the Agreement alleged to have been
violated; and
d. The remedy requested;
All class action grievances shall also include:
a. Statement indicating the grievance is a class action; and
b. Signature of a PBA Union Official/Attorney.
Police Officers and Detectives:October 1,2019-September 30,2022 38
The Police Chief's Step One response shall be transmitted to the Union and to
the Director of Human Resources and Risk Management on or by the tenth
(10th) day of receipt of a grievance. If the Police Chief does not respond in
writing via electronic mail, the grievance is presumed to be denied and the
employee or an Association representative may advance the grievance to Step
Two.
Step Two - City Manager (or Designee)
If no resolution is reached at Step One, the aggrieved employee(s) or the
Association representative on behalf of the aggrieved employee(s) may file a
Step Two written grievance by electronic mail to the City Manager and the
Director of Human Resources and Risk Management on or by the fifteenth
(15th) day of receipt of the Police Chief's Step One response.
The City Manager(or Designee),at his/her discretion,may conduct interviews
with the grievant(s), the Union representative(s), members of the bargaining
unit, and/or management to discuss the grievance. The City Manager (or
Designee) must notify the Union and Grievant within seven (7) days of receipt
of the Step Two grievance if (s)he intends to conduct interviews. Once such
notification is made,the time period for the City's Step Two response is tolled
with mutual agreement by the Union until the interviews can be scheduled and
conducted.
The City Manager (or Designee) shall respond in writing to the Step Two
grievance by electronic mail no later than thirty(30) days of receipt of the Step
Two grievance or by a mutually agreed upon extended date. If the City
Manager (or Designee) does not respond in writing via electronic mail, the
grievance is presumed to be denied and the aggrieved employee or an
Association representative may move to the next step.
Step Three-Arbitration
If the grievance has not been settled by Steps 1 and 2,the PBA or the City may
request arbitration within fifteen (15) calendar days of receipt of the City
Manager's (or Designee's) reply or when a reply was due,if none is submitted.
B. Arbitration Procedures
The Party requesting arbitration must timely file with the American Arbitration
Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of
seven (7) arbitrators on or before the fifteenth (15th) day deadline, and a copy shall be
served on the other Party. The rules for conduction of 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.
Police Officers and Detectives:October 1,2019-September 30,2022 39
1. Arbitrator Selection
Each Party retains the right to reject one panel in its entirety and request that a
new panel be issued at the rejecting Party's expense. The grieving party shall
strike the first name with each Party alternating strikes thereafter until only one
arbitrator's name remains. The last name remaining shall be the arbitrator. The
arbitrator shall determine the date(s) and time(s) of the hearing subject to the
availability of the Union and the City. Arbitration will be conducted at a location
mutually agreeable to the City and the Union.
2. Arbitration Fees and Expenses
All fees and expenses of the arbitrator shall be divided equally between the Union
and the City; however, each Party shall fully bear the expense of preparing and
presenting its own case, including the cost of witnesses and other people it
requires to attend the arbitration.
3. Arbitrator Authority and Award
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 this Article. 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.
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.
The arbitrator shall submit his/her decision in writing with a statement of
findings and reasons within thirty (30) days of the receipt of briefs, if any, or
receipt of the transcript if Parties have agreed to submit the arbitration transcript
in lieu of briefs.
4. Other Provisions
A transcript of the Hearing 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.
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.
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By agreement of both Parties, a meeting will be held at any step of the grievance
procedure. Settlement of a grievance prior to the issuance of an arbitration Award
shall not constitute precedent nor shall it constitute an admission that the
Agreement has been violated.
A probationary employee may not grieve any matter concerning assignment, or
discharge for reasons of failure to meet performance standards.
Police Officers and Detectives:October 1,2019-September 30,2022 41
ARTICLE 27
PERSONAL VEHICLES
Section 1. When an employee is required to use his/her personal vehicle in the
performance of police duties, said employee shall be reimbursed a mileage rate as
established by City resolution, excluding mileage traveled to and from the normal work
location.
Section 2. For the purpose of this Article, the performance of police duties shall include
attendance at court, depositions, administrative hearings, conferences with City officials,
schools,and/or seminars.
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ARTICLE 28
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.
The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum
"A„
Police Officers and Detectives:October 1,2019-September 30,2022 43
ARTICLE 22
POSTING
Vacancies in positions or assignments will be posted in-house no less than ten (10) calendar
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.
Police Officers and Detectives:October 1,2019-September 30,2022 44
ARTICLE 30
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.
(a) When the City intends to make changes to City or Departmental Administrative Rules
or Regulations, or Procedures, the City will provide written notice to the PBA. This
notice will include a description of the change and an implementation date which
shall be no less than thirty (30) calendar days from the date of notice.
(b) If the PBA believes that that modification constitutes a change to wages, benefits or
conditions of employment, PBA will have fifteen (15) calendar 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 less than 10 days
following the PBA'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.
(c) This 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.
Police Officers and Detectives:October 1,2019-September 30,2022 45
ARTICLE 31
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.
Police Officers and Detectives:October 1,2019-September 30,2022 46
ARTICLE 32
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, 2022. 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.
Police Officers and Detectives:October 1,2019-September 30,2022 47
ARTICLE 31
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 who is not on light duty or who has not had his/her police powers
suspended is eligible for a take home vehicle if the Member resides within the following
counties: Broward, Palm Beach, and Martin.
Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with
seniority bumping rights for Members transferred to patrol.
Section 4. Assigned vehicles are not for personal use but for work only.
Police Officers and Detectives:October 1,2019-September 30,2022 48
ARTICLE 34
OFF-DUTY DETAILS
All off-duty details (work performed for a second party employer) require prior written
approval by the Chief of Police (or Designee). Police Department Index Code 712 applies
except as modified in this Article. Sworn Law Enforcement Officers in positions outside of
PBA bargaining units are not prohibited from participating in the off-duty details program.
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 fifty dollars ($50.00) per hour with
a three (3) hour minimum. PBA may change this rate at any time with a minimum of fifteen
(15) calendar days of written notice to the City.
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'.
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 seven
dollars ($7.00) 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.
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 employer. § 185.02, Fla. Stat. Ann.
BB Pension Code: Compensation 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.
Police Officers and Detectives:October 1,2019-September 30,2022 49
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 details during
the period of that suspension or removal from regular active duty.
Any police officer may not work more than twenty-four(24) hours of overall off-duty details
during any seven (7) day work period. Exceptions are granted when officer is on vacation
(for a minimum of forty (40) consecutive hours); then the twenty-four (24) hour limitation
may be exceeded.
The Police Chief may suspend an employee's right to work off-duty details as a component
of a disciplinary action or as a component of a Performance Improvement Plan as a result of
a conduct violation committed while on an off-duty detail.
All Bargaining unit members assigned to cover off-duty details may report directly to their
assignment without prior checking in or out at the police station; however, members must
advise a supervisor personally or by radio. Bargaining unit members assigned to an off-duty
detail shall comply with all current City and Department policies and procedures in effect.
Police Officers and Detectives:October 1,2019-September 30,2022 50
ARTICLE 35
PENSION
Section 1. Recent Historical Changes During Bargaining
• Bargaining Unit Members hired on or after October 1, 2015 will have a pension
multiplier of three percent (3%).
• The vesting period for Police Officers and Detectives hired on or after October 1,2016
is ten (10) years.
• Upon ratification of the Agreement ending September 30, 2019, the City and the
Union conformed to the statutory requirement to negotiate provisions of SB 172,
codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement,
which provided that the Union to pay the City a total of $60,000 in $30,000
increments in November 2017 and November 2018.
Section 2. Agreed Changes During Bargaining of Current Agreement
Mutual Consent Agreement, included as Addendum "B," which provides that the City will
receive a total of$90,000 in $30,000 increments in November 2019, November 2020, and
November 2021.
Employees hired on or after October 1, 2019: Normal retirement - the earlier of age 55
and 10 years of credited service, or completion of 25 years of credited service regardless of
age- Eliminating the 50 years of age with 15 years of credited service.
Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested
Retirement- 50 years of age with 10 years of credited service.
ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided
that, in all cases,the benefit is at least 2.75% for each year of service.
ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension
contribution from all employees (excluding DROP participants) each fiscal year of this
Agreement- Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL).
• Year 1 - 0.5% additional contribution
• Year 2 - 0.5%additional contribution
• Year 3 - 0.5%additional contribution
Police Officers and Detectives:October 1,2019-September 30,2022 51
Section 3. DROP
Employees hired on or after October 1, 2019 will receive interest at a rate of 0% - 8%
depending on plan performance. These members will be required to remove their money
from the DROP as stipulated in the DROP Ordinance.
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APPENDIX 1 (Referenced in Article 7)
FIELD TRAINING AND POLICE TRAINING OFFICERS
The PTO and FTO programs will work in concert to prepare and evaluate newly hired
officers.
1. Field Training Officer (FTO) DEFINED:Any sworn department member assigned
to Uniform Services in Road Patrol capacity working on any Platoon in full
uniform and marked police cruiser subject to the demands of receiving and
handling calls for service from Communications as their daily routine are
available to train newly employed personnel in the field.
2. Police Training Officer (PTO) DEFINED: A sworn member of the Administrative
Services Division who has been selected, in accordance with Article 32, and who
has completed the requisite training as defined by the department's Index Code
on the PTO program.
a. Officers who are in training will occasionally require training from
members of other specialized units within the department, (e.g.Traffic,
K-9, etc.) The officers from those specialized units who provide this
training will receive seven percent (7%) incentive pay for hours
worked in this training capacity. This training incentive pay will be
retroactive to the hours of their assignment.
3. PTOs and FTOs will be responsible for training all newly assigned probationary
employees.
4. In the event a PTO is reassigned from the PTO unit to any other duty assignment,
they will no longer be considered a PTO and will no longer receive their
assignment pay.
5. Assignment as a PTO or FTO is not a promotion to any rank.
6. An officer's assignment as a PTO or FTO can be ended or suspended at the
discretion of the Chief of Police.
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ADDENDUM "A"
DRUG FREE WORKPLACE POLICY
1.1 PURPOSE
The City of Boynton Beach is committed to providing a safe work environment for its
employees and our community. Drug and alcohol abuse is national problem that is prevalent
in society and impairs the health and safety of employees, promotes crime and harms our
local community. Moreover, the illegal possession, use, sale, and distribution of controlled
drugs are criminal acts that directly threaten the integrity of all employees in the City. The
City is addressing this problem through its DRUG FREE WORKPLACE Program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to
balance our respect for individual privacy with our need to keep a safe and productive drug
and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek
help in overcoming their problem. The City considers substance abuse to be an unsafe and
counterproductive work practice.
1.2 SCOPE
This policy applies to all PBA collective bargaining unit members at the City of Boynton
Beach.
1.3 DEFINITIONS
1. "Chain of Custody" refers to the methodology of tracking specified materials or substances
for the purpose of maintaining control and accountability from initial collection to the final
disposition for all such materials or substances and providing for accountability at each stage
in handling,testing,and strong specimens and reporting test results
2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical
procedure used to identify the presence of a specific drug or metabolite in a specimen,which
test procedure used to identify the presence of a specific drug or metabolite in a specimen,
which test must be different in scientific principle from that of the initial test procedure and
must be capable of providing requisite specificity,sensitivity,and quantitative accuracy.
3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating
liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens;
methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs;
or a metabolite of any of the substances listed herein. Threshold detection levels are
established by Florida regulations. Therefore activities participated in while off duty may
result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating
agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols.
Consumption of a preparation including alcohol (beverages or medicines) A list of the most
common medications which may alter or affect a drug test are found in Section 1.5, Letter I
of this policy. Employees and job applicants should review this list prior to submitting to a
drug test.
Police Officers and Detectives:October 1,2019-September 30,2022 54
4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis
administered for the purpose of determining the presence or absence of a drug or its
metabolites.
5. "Employee" means an individual who works for salary,wages,or other remuneration for the
City and is covered by the workers compensation act.
6. "Employee Assistance Program" (EAP) is an established program for employee assessment,
counseling,and referral to an alcohol and drug rehabilitation program.
7. "Employer" means an agency within state government that employs individuals for salary,
wages,or other remuneration.
8. "Initial drug test" means a screening procedure of the blood and/or urine of employees and
job applicants for the presence of alcohol and illegal drugs in accordance with the Florida
Drug Free Workplace Program and appropriate Florida administrative rules.
9. "Job Applicant" means a person who has applied for a position with the City and has been
offered employment conditioned upon successfully passing a drug test.
10. "Mandatory-testing position/Safety-sensitive position" means with respect to a public
employer,a job assignment that requires the employee to carry a firearm,work closely with
an employee who carries a firearm,perform life-threatening procedures,work with heavy or
dangerous machinery, work as a safety inspector,work with children, work with detainees
in the correctional system, work with confidential information or documents pertaining to
criminal investigations,work with controlled substances, or a job assignment that requires
an employee security background check, pursuant to F.S. 110.1127, or a job assignment in
which a momentary lapse in attention could result in injury or death to another person.
11. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription
drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and
reviewing all positive confirmed test results and who may be responsible for contacting all
individuals who test positive in a confirmation test to inquire about possible medications
which could have caused a positive result.The MRO need not be an employee of the City.
12. "Prescription or Nonprescription Medication"means a drug or medication obtained pursuant
to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to
federal or state law for general distribution and use without a prescription in the treatment
of human diseases,ailments,or injuries.
13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee
is using or has used drugs in violation of the employer's policy drawn from specific objective
and articulable facts and reasonable inferences drawn from those facts in light of experience.
Reasonable suspicion drug testing may not be required except upon the recommendation of
a supervisor who is at least one level of supervision higher than the immediate supervisor of
the employee in question.Among other things,such facts and inferences maybe based upon:
a. Observable phenomena while at work, such as direct observation of drug use or of
the physical symptoms or manifestations of being under the influence of a drug.
Police Officers and Detectives:October 1,2019-September 30,2022 55
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in
work performance.
c. A report of drug use, provided by a reliable and credible source, which has been
independently corroborated.
d. Evidence that an individual has tampered with a drug test during employment with
the current employer.
e. Information that an employee has been involved in an accident while at work:
i. If a bargaining unit member is involved in an accident in which the member
was driving a City owned vehicle, and any one of the following occurs: an
individual dies, an individual suffers a bodily injury and receives medical
treatment away from the scene of an accident,one or more vehicles(whether
operated by a City employee or not) incurs damage as the result of the
occurrence, or is transported away from the scene by a tow truck or other
vehicle, and under any circumstances when the bargaining unit member is
issued a traffic citation.
ii. An order to submit to post accident testing can be made by a Police Sergeant
or higher rank. Any bargaining unit member ordered for a post-accident drug
test may, at the member's option, be accompanied to the testing by an
available Union Representative. The Union Representative shall act as a quiet
observer to the testing procedure and shall not interfere with the testing
procedures or direct questions or comments to the testing personnel. The
unavailability of a Union Representative shall not preclude the post-accident
drug testing from taking place.
iii. Refusal to submit to an order for post-accident drug testing, or intentionally
delaying a post-accident drug test can result in termination;however,nothing
herein shall abrogate a bargaining unit member's right to challenge the
results of the drug test.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs
while working or while on the employer's premises or while operating the employer's
vehicle,machinery,or equipment.
14. "Special-Risk Position" means a position that is required to be filled by a person who is
certified under Chapter 633,Fire Prevention and Control or Chapter 943,Department of Law
enforcement.
15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva
capable of revealing the presence of alcohol and/or illegal drugs or their metabolites.
16. "Stepping Forward" means that an employee comes forward and requests assistance for
substance abuse prior to being selected for a random drug test, or prior to being ordered to
submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being
involved in an accident or sustaining an injury,which requires drug testing.
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1.4 POLICY
A. It is the policy of the City that an employee found with the presence of alcohol, illegal
drugs, or prescription medication in levels exceeding prescribed dosage in his/her
system,in possession of,using,selling,trading or offering for sale illegal drugs or alcohol
during working hours, may be subject to disciplinary action up to and including
termination. A refusal to submit to a drug test is grounds for immediate termination.
An employee reporting for work visibly impaired and that is unable to properly perform
required duties,will not be allowed to work. The supervisor should first attempt to seek
another supervisor's opinion of the employee's status. Then the supervisor should
consult privately with employee with the observation, to rule out any problem(s) that
may have been caused by prescription drugs.
If,in the opinion of both supervisors,the employee is considered impaired,the employee
should be drug tested by an authorized provider and then provided safe transportation
home. An impaired employee must not be allowed to drive and if necessary can be
transported home by a supervisor or another employee.
It is the responsibility of the City's supervisors to counsel with an employee whenever
they see changes in performance that suggest a potential employee problem. The
supervisor may suggest that the employee voluntarily seek help from the employee
assistance program or decide that the severity of the observed problem is such that a
formal referral to the EAP should be made.
B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY
1. Prescription drugs prescribed by the employee's physician, who is licensed to
practice medicine in the United States, may be taken during working hours in strict
accordance with the provisions of the Policy. Employees should never use intoxicants
or drugs that could cause impairment during work hours. An employee who is using
a prescription medication while on the job shall do so in strict accordance with
medical directions.
2. It is the employee's responsibility to notify the prescribing physician of his/her job
requirements/functions to ensure that the physician approves the use of the
prescription medication while the employee is performing his/her job duties. It is
recommended that the employee provide his/her physician with a copy of the FDLE
standards for law enforcement officers so the physician is aware of the physical
requirements of the position.
3. It is the employee's responsibility to immediately notify the Director of Human
Resources and Risk Management or designee when (s)he is prescribed any
medication that is considered a controlled substance on Schedules II, III, or IV as
defined and amended from time to time in Florida Statutes 893.03. Failure to disclose
this information may result in disciplinary action up to and including termination of
employment. The Director of Human Resources and Risk Management may require
the employee to provide a note from his/her prescribing physician stating that the
Police Officers and Detectives:October 1,2019-September 30,2022 57
employee is able to perform the functions of a law enforcement officer while taking
the medication as prescribed.
4. The employee shall notify the Director of Human Resources and Risk Management or
designee if the use of his/her properly prescribed medications/drugs (other than
those considered a controlled substance on Schedules II, III, or IV as defined and
amended from time to time in Florida Statutes 893.03) will affect the employee's
work performance.
5. If the prescribing physician determines that the employee cannot perform his/her job
duties without impairment while taking the prescribed medication, then the
employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if
his/her leave pools are exhausted, until (s)he can return to work. If the employee
reports to work,the City will presume that the employee is not impaired.
6. Abuse of prescription drugs will not be tolerated.
A. Conditions of Pre-Employment
The City will conduct a pre-employment screening examination designed to prevent hiring
individuals who use drugs.
1. To determine the suitability of employees to work for the City the following pre-
employment conditions are established:
a) Job Applicants in mandatory-testing positions,safety-sensitive positions,
and/or special-risk positions will be tested prior to employment for drug
use and alcohol use.
b) Any job applicant,as defined in the above-section,who refuses to submit
to drug and alcohol testing as part of the pre-employment testing process
will be refused employment.
c) Any job applicant who tests positive for drugs or alcohol use will be
refused employment.
d) Confidentiality will be maintained pursuant to this policy.
B. Employee Compliance
It shall be a condition of continued employment for all employees to submit to drug and
alcohol screening under the policy. If there is a conflict between this policy and the
collective bargaining agreement, the collective bargaining agreement shall control.
Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit
to drug testing is not a waiver of the employee's right to challenge both the order and the
test outcome.
C. Employee Assistance Program
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The City offers an Employee Assistance Program(EAP)which provides help to employees
and their families who suffer from various difficulties including alcohol or drug abuse.
In addition to the City's EAP Program,below is a list of local assistance programs and local
drug and alcohol rehabilitation programs:
a) Narcotics Anonymous Help Line : 561-848-6262
b) Drug Abuse Foundation of Palm Beach County: 561-278-0000
c) Palm Beach Al-Anon/Al-a-Teen Information: 561-882-0308
d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700
e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400
It is the responsibility of each employee to seek assistance before drugs and alcohol lead
to performance problems.
1. Use of the employee assistance program,on a voluntary basis, will not affect the
determination of appropriate disciplinary action.
2. An employee's decision to seek assistance from the Employee Assistance Program
on a voluntary basis prior to any incident warranting disciplinary action will not
be used as the basis for disciplinary action or in any disciplinary proceeding.
On the other hand, using EAP will not be a defense to the imposition of
disciplinary action where facts providing violation of this policy are obtained
outside of the EAP. Accordingly,the purpose and practices of this policy and the
EAP are not in conflict but are distinctly separate in their applications.
3. Through the EAP, the City will provide appropriate assessment, referral to
treatment,and treatment of drug and alcohol abuse.
4. Upon successful completion of a drug and/or alcohol treatment program an
employee may be released to resume work but will be subject to drug testing on
a random,periodic basis,at least quarterly,and for up to two years thereafter as
a condition of continued employment. These stipulations maybe incorporated in
a Last Chance Agreement.
5. An individual's participation in the program will not be made part of any
personnel records and will remain confidential to the extent necessary to comply
with this policy. Medical and insurance records, if any, will be preserved in the
same confidential manner as all other medical records and be retained in a
separate file as provided by law.
D. Management's Responsibility
The City will maintain screening practices to identify employees who use illegal drugs or
abuse alcohol. Department Heads are responsible for implementing this Drug Free Work
Place policy. It is the responsibility of the supervisors to observe the behavior of
employees on the job as a precaution against unstable or unreliable behavior which could
threaten the safety and well-being of employees and the community.
Police Officers and Detectives:October 1,2019-September 30,2022 59
1. Supervisors are responsible for maintaining a safe work environment by
monitoring employees'behaviors and performance.
2. In the event a supervisor has a reasonable suspicion that an employee may be
under the influence of drugs or alcohol,the employee must be sent for reasonable
suspicion drug testing. A form for documenting cause for a reasonable suspicion
drug test is attached.
3. In all cases when an employee is to be removed from duty for drug testing, the
Department Head and Human Resources & Risk Management should be
immediately notified.
E. Employee's Responsibility
1. It is each employee's responsibility to be fit for duty when reporting for work and
to inform his/her supervisor if(s) he is under prescription or non- prescription
medication which may affect job performance.
2. In the event an employee observes behavior in another employee,which raises a
doubt as to that employee's ability to perform work in a safe, reliable and
trustworthy manner, the employee should report this behavior to his/her
supervisor.
3. Employees,who enter drug or alcohol treatment and/or rehabilitation program
voluntarily at the request or insistence of the City or,as a condition of continued
employment are required to fully participate in and complete the recommended
treatment. Any employee who enters a drug or alcohol treatment and/or
rehabilitation program will be responsible for payment of the treatment and/or
program. If the employee fails to comply with the treatment and/or program,the
employee will be subject to discipline,up to and including termination.
F. Medical Review Officer's (MRO) Responsibilities
1. The MRO will review all information from the testing laboratory in the event of a
positive,confirmed test. The MRO will review any information from the employee
or job applicant regarding the use of medication or other relevant medical
information set forth in the form submitted prior to drug testing.
2. The MRO may request that the testing laboratory provide quantification of test
results.
3. The MRO will provide confirmed test results to the Human Resources
representative from the City.
1.5 PROCEDURE
In order to maintain a drug and alcohol free work environment, the City will test for the
presence of alcohol and drugs in the following circumstances:
Police Officers and Detectives:October 1,2019-September 30,2022 60
1. Pre-employment: Job applicants who have been offered a position of
employment and whose job requirements are that of a mandatory-testing,safety-
sensitive, or special-risk position are required to take a drug and alcohol test.
2. Reasonable suspicion: Employees who are determined to be under reasonable
suspicion of drug or alcohol use (as defined herein),are required to take a drug
and alcohol test.
3. Post-incident: Employees are required to take a drug and alcohol test when the
employee is involved in a job-related incident, which results in any of the
following: (a) discernable property damage, (b) the employee receiving medical
attention as a result of a work-related injury or accident, or (c) the employee
receiving a citation. [See 13.e. (i-iii)].
4. Random Testing: Employees are subject to random drug testing. On a monthly
basis,a designated Police Officer uses www.random.org to generate a list of three
(3) PBA members who will be randomly tested for that month. A Union
Representative signs off on this list. In addition, members assigned to Vice are
tested once every six(6) months.
5. Fitness for duty: All employees who are subject to routine annual medical
examinations are required to take a drug and alcohol test as part of their medical
examination.
6. Follow-up: All employees who have been referred to an employee assistance
program or rehabilitation program by the City for drug and/or alcohol abuse are
required to take drug and alcohol tests on a quarterly basis for up to two(2)years
after their return to work. These stipulations may be codified in a Last Chance
Agreement.
A. Consequences of Refusing a Drug Test
1. An employee who refuses to submit to a drug and alcohol test will be subject to
immediate termination. An employee who refuses to submit to a drug test forfeits
his/her eligibility for all workers'compensation medical and indemnity benefits.
2. A job applicant,as defined in section 1.3,#9,who refuses to submit to a drug and
alcohol test will not be hired.
B. Actions Following a Positive Confirmed Test
The City may administer disciplinary action, up to and including termination, for any
employee who has a positive,confirmed drug or alcohol test.
C. Confidentiality
Confidentiality of records concerning drug and alcohol testing will be maintained to the
extent necessary to comply with this policy. All information, reports, memos and drug
test reports,written or otherwise,received by the City through the drug testing program
Police Officers and Detectives:October 1,2019-September 30,2022 61
will be kept confidential as provided by law.
The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation
programs who receive or have access to information concerning drug test results shall
keep all information confidential. No such information will be released unless there is a
voluntary written consent, signed by an employee or job applicant, except where such
release is compelled by a court pursuant to an appeal taken under this section,or where
deemed appropriate by a professional or occupational licensing board in a related
disciplinary proceeding.
The City will maintain records concerning drug testing separate and apart from an
employee's or job applicant's file.
D. Reporting of Use of Medication
Employees and job applicants may confidentially report the use of prescription or non-
prescription medication both before and after having a drug test.
E. Notice of Common Medications
A list of most common medications, by brand name or common name, as applicable, as
well as by chemical name,which may alter or affect a drug test,is listed below in section
H. Employees and job applicants should review this list prior to submitting to a drug test.
F. Medication Information
An employee or job applicant may consult with the testing laboratory for technical
information regarding prescription and non-prescription information.
G. Employee Assistance Program
Refer to the Employee Assistance Program Policy for the name, address and telephone
number of the City's current provider or contact the Human Resources and Risk
Management Department.
H. Drugs to be Tested
In accordance with F.S. 893.03 as amended from time to time, the following is an
illustrative and non-exhaustive list of drugs that will be tested:
1. Alcohol, including distilled spirits,wine,malt beverages and intoxicating liquors,
resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by
a Blood Alcohol Test.
2. Amphetamines
3. Cannabinoids
4. Cocaine
5. Phencyclidine (PCP)
6. Hallucinogens
7. Opiates
Police Officers and Detectives:October 1,2019-September 30,2022 62
8. Methaqualone
9. Barbiturates
10. Benzodiazepines
11.Synthetic Narcotics
12. Designer Drugs
13.A metabolite on any substance listed herein
14.Anabolic/Androgenic Steroids.
A list of drugs by brand names or common names includes:
Opium Dover's Powder,Paregoric, Parepectolin
Morphine Morphine,Pectoral Syrup
Codeine Tylenol with Codeine, Empirin with Codeine,
Robitussan A-C, Hydrocodone,Coke Crack
Heroin Diacetylmorphine,horse,smack
Hydromorphone Dilaudid
Meperidine Demerol, Mepergan
Methadone Dolophine,Methadone,Methadose
Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones,
Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin,
Percocet
Chloral Hydrate Noctec, Sommos
Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal,
Lotusate
Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion,Paxipam, Restoril
Methaqualone Quaalude
Methamphetamine Methyl Ice
Glutethimide Doriden
Other Depressants Equanil, Miltown,Noludar,Placidyl,Valmid
NEW DRUGS-New drugs will be added to the list of controlled substances based on amendments to
the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the
Labor-Management Committee.
PRESCRIPTION DRUGS
Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand
names and the constant marketing of new products,this list is illustrative and not exhaustive.
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol
content.
Amphetamines: Pbetrol,Biphetamine, Desoxyn,Dexedrine,Didrex, Lonamine,Fastin.
Cannabinoids: Marinol (Dronabinol,THC).
Cocaine: Cocaine,HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Methaqualone: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine
with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC,
Police Officers and Detectives:October 1,2019-September 30,2022 63
Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and
Roxano (morphine sulfate), Percodan,Vicodin,Tussiorganidine,etc.
Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet,
Esgic,Butisol, Mebarel,Butabarbital, Butalbital, Phrenilin,Triad,etc.
Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax,
Tanzene,Valium,Verstran, Halcion,Paxipam,Restoril,Centrax,etc.
Methadone: Dolophone,Metadose,etc.
Propoxyphene: Darvocet,Darvon N, Dolene,etc.
ANABOLIC/ANDROGENIC STEROID TESTING
Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act(CSA) as of
February 27, 1991.
An employee or job applicant who is contacted by the MRO may confidentially report the use of
prescription medication(s)because the presence of these medications in the body may have affected
the outcome of the test.
I. Challenge of Test Results
1. An employee or a job applicant who receives a positive confirmed test result may,
within five (5) working days, submit information to the Director of Human
Resources & Risk Management explaining or contesting the test result and
explaining why the test result does not constitute a violation of the City's policy.
2. If the explanation or challenge of the employee or job applicant is unsatisfactory
to the City,the City will provide a written explanation as to why the employee or
job applicant's explanation is unsatisfactory,and a copy of the report of positive
confirmed test results will be provided to the employee or job applicant.
3. An employee may further challenge the results of the test in a court of competent
jurisdiction or,if the drug was administered due to a workplace injury,by filing a
claim for benefits with a judge of compensation claims,pursuant to Chapter 440,
Florida Statutes.
4. If an employee or job applicant contests the drug test results he/she must
promptly notify the Medical Review Officer(MRO).
Police Officers and Detectives:October 1,2019-September 30,2022 64
ADDENDUM "B"
MUTUAL CONSENT AGREEMENT
(Use of Insurance Premium Tax Revenue)
This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH,
a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL
33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS.
WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws
of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue
("IPTR"); and
WHEREAS, the City has a retirement pension plan and fund for police officers known as
the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum
benefits and minimum standards established by the State of Florida for public employee
police pension plans as set forth in chapter 185, Florida Statutes; and
WHEREAS, the Legislation provides that use of IPTR, including any accumulations of
additional premium tax revenues, which have not been allocated to fund benefits in excess
of the minimum benefits, may deviate from the provisions of the Legislation by mutual
consent of the members' collective bargaining representative (PBA)>
NOW THEREFORE, the City and PBA Unions agree as follows:
1. The foregoing Whereas clauses are correct.
2. The total of ninety thousand dollars ($90,000) of IPTR, whether base premium tax
revenue or additional premium tax revenue, received by the City will be used to
reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension
Fund. These funds will be provided to the City in increments of thirty thousand
dollars ($30,000) in November 2019, November 2020, and November 2021.
3. This Consent Agreement takes effect when signed by PBA and City.
Signature Page Follows
Police Officers and Detectives:October 1,2019-September 30,2022 65
SIGNATURE PAGE
for
MUTUAL CONSENT AGREEMENT
(Use of Insurance Premium Tax Revenue)
CITY OF BOYNTON BEACH
Lori LaVerriere, City Manager
BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS
Palm Beach County PBA Representative
ATTEST:
Crystal Gibson, City Clerk
APPROVED AS TO LEGAL FORM:
City Attorney
Police Officers and Detectives:October 1,2019-September 30,2022 66
ADDENDUM "C
CITY OF BOYNTON BEACH
HUMAN RESOURCES AND RISK MANAGEMENT DEPARTMENT
GS' Y
- I
a =
tiroN 0
TUITION ASSISTANCE PROGRAM
POLICY NO.05-003
August 1,2018
SUMMARY OF REVISED,DELETED,OR ADDED CONTENT
Revision Date Responsible Department Description of Change
1 August 1,2018 Human Resources&Risk Mgt Replaces APM 04.01.03
APPROVAL:
cd 11
City Manage Date
Police Officers and Detectives:October 1,2019-September 30,2022 67
Policy No.05-003
Tuition Assistance Program
August 1,2018
Page 1 of 7
Tuition Assistance Program
1.1 PURPOSE
To provide financial assistance, when such funding is appropriated and approved in the City's
Human Resources Department's annual budget, to eligible full-time regular employees, who are
enrolled in an undergraduate or graduate degree program at an accredited college or university
and when the attainment of such degree is determined by the City to be directly beneficial to the
employee's current job or for an advanced job in the City within their career path. This program is
at the sole discretion of the City and maybe suspended or cancelled at any time.
1.2 SCOPE
Employees who are eligible to participate in this program are full time, non-probationary,
unrepresented (General) employees and full-time, non-probationary employees covered under the
SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered
the DROP pursuant to a City pension plan are not eligible to participate in this program. Employees
who are governed by a Collective Bargaining Agreement other than SEIU are not eligible to
participate in this program. Employees must be "in good standing" with the City at the time of
application through the time of reimbursement in order to receive reimbursement through this
program.
1.3 DEFINITIONS
a. Accredited college or university: A college or university that has attained accreditation as
documented by inclusion in the U.S. Department of Education's Office of Post-secondary
Education (OPE) Database of Accredited Postsecondary Institutions and Programs
(https://ope.ed.gov/accreditation/Search.aspx). The Director of Human Resources and
Risk Management reserves the right to consider and approve or deny any college or
university that is not listed in this database.
b. Full-time: An employee who is in a job classification designated as full-time and who is
scheduled to work a minimum of thirty-six(36)hours per work week.
c. "In good standing": An eligible employee who:
1. Is actively employed on the date of program enrollment and through the date of
reimbursement;
2. Has not been in an unpaid leave status of more than sixteen (16) hours for any
calendar week from the date of program enrollment through the date of
reimbursement; and
3. For one (1) year prior to the date of program enrollment and through the date of
reimbursement, has nt received sustained discipline of an unpaid suspension for
more than twenty-four (24) hours or three (3) days and has not been demoted for
disciplinary reasons.
d. Non-probationary: An employee who has successfully completed his/her initial one (1)
year probationary period. Employees who are on a probationary period solely due to a
promotion or reclassification and who have already been employed with the City in a full-
time position for more than one (1)year are considered"non-probationary"for purposes of
this policy.
Police Officers and Detectives:October 1,2019-September 30,2022 68
Policy No.05-003
Tuition Assistance Program
August 1,2018
Page 2 of 7
1.4 POLICY
A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance
Program is coordinated by the City's Human Resources and Risk Management Department.
In order to be considered for participation in this program, eligible employees must enroll,
adhere to all applicable procedures, and sign a participation agreement to acknowledge
program requirements and obligations. Each fiscal year that this program is funded, the
Director of Human Resources and Risk Management will establish the current eligible
reimbursement expenses and amounts and will set the fiscal year per person maximum
reimbursable amounts. This information, titled Addendum: Tuition Assistance Program
Current Reimbursement Year Expenses and Amounts,will be updated and maintained as part
of this policy. Applications will be considered in the order in which they are received.
Available funds will be reimbursed until the end of each funded fiscal year or until funds are
exhausted,whichever comes first. The interpretation and administration of this policy shall
be the responsibility of the Director of Human Resources and Risk Management
Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or
program is subject to any grievance or appeal process.
B. The budgeted Tuition Assistance Program funding will be split into two separate pools so
reimbursement opportunities can be fairly appropriated based on typical academic
calendars. If funding remains available after processing all eligible and approved Period
Two Reimbursements, applications for Period One Reimbursements that were eligible but
not reimbursed will be reconsidered.
• Reimbursement Period One: For course dates between August and December
o Deadline for submitting Reimbursement Applications:January 31st
o Final reimbursement issued in February
• Reimbursement Period Two: For course dates between January and July
o Deadline for submitting Reimbursement Applications:August 31st
o Final reimbursement issued in September
C. The following courses are ineligible for reimbursement under all circumstances,even if they
are a requirement for obtaining a degree:
1. Course that is covered by any non-refundable financial aid, scholarship, or other
governmental assistance;
2. Seminar;
3. Internship;
4. Course that earns only Continuing Education Credits (CEUs);
5. Exam preparation course or entrance exam;
6. Course taken as"audit only";
7. Course graded only as"Pass/Fail";
8. Course issuing credit only as"Life Experience"and/or"Portfolio";
9. Course fulfilling only a physical education or sexual education requirement;
10. Course taken that is not part of an employee's approved undergraduate or graduate
degree program;and
11. Course taken by an employee who is not enrolled in an undergraduate or graduate
degree program.
Police Officers and Detectives:October 1,2019-September 30,2022 69
Policy No.05-003
Tuition Assistance Program
August 1,2018
Page 3of7
D. The letter grade an employee earns upon completion of an approved course determines the
percentage of reimbursement that will be applied to eligible expenses.
• A= 100%
• B= 75%
• C= 50%
• D= 0%(ineligible for reimbursement under this policy)
• F= 0% (ineligible for reimbursement under this policy)
An employee who receives an"Incomplete" or who withdraws from a course is not eligible
for reimbursement under this policy.
E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of
amount of $5,250.00 in any calendar year is excluded from tax; any amount received in
excess of$5,250.00 in any calendar year will be treated as taxable income, as required by
the Internal Revenue Service(IRS).
F. An employee who separates employment for any reason other than a City-initiated layoff or
termination within twenty-four(24) months of receiving any amount of financial assistance
pursuant to this policy, authorizes the City to deduct the amount(s) of such
reimbursement(s) from any amount of payout to which (s)he would have otherwise been
entitled. An employee who is not eligible for payout or who does not have sufficient payout
value from which to deduct the reimbursed amount(s) is obligated and required to repay
the City.
G. Deadlines are not negotiable and will not be extended. It is solely an employee's
responsibility to timely submit enrollments, agreements, reimbursement applications, and
other required documentation for participation in this program. No employee should
expect or rely upon the City,Human Resources,or any other person to"remind"him/her of
this program's requirements and/or deadlines.
1.5 PROCEDURES
a. This program is at the sole discretion of the City and may be suspended or cancelled at any
time.
b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program
Agreement are required to be submitted by any eligible employee who is interested in
seeking reimbursement pursuant to this policy. The purpose of the Participation
Enrollment Form is for Human Resources and Risk Management to evaluate whether or not
an employee meets participation requirements of the program. The purpose of the
Agreement is to confirm that an employee understands the program and his/her obligations
pursuant to enrollment and reimbursement. The Participation Enrollment Form and the
Program Agreement are required to be submitted each funded fiscal year in which the
employee is interested in participating. No reimbursement will be considered without a
current approved participation enrollment form and signed program agreement
1. Human Resources will log completed Participation Enrollment Forms and Program
Agreements in the funded fiscal year's Tuition Assistance Program Tracking
spreadsheet"Enrollments"tab.
70
Police Officers and Detectives:October 1,2019-September 30,2022
Policy No.05-003
Tuition Assistance Program
August 1,2018
Page 4 of 7
2. Human Resources will review the Participation Enrollment Forms and will confirm,
and log eligibility on the"Enrollments"tab.
3. Human Resources will notify employees in writing of their participation approval or
denial. If an employee is denied,the reason for the denial will be included.
c. A separate Tuition Assistance Program Reimbursement Application is required to be
submitted for each course for which an employee is requesting reimbursement. These
Reimbursement Applications are accepted on a rolling basis per Reimbursement Period,
and all required documentation is required to be submitted with each Reimbursement
Application. The submission of a Reimbursement Application does not guarantee
reimbursement.
d. Completed Reimbursement Applications with required documentation must be submitted
via electronic mail to:hrC)bbfl.us with the subject line:Tuition Assistance Program.
1. Human Resources will assign each Reimbursement Application a tracking number
based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means
Tuition Assistance Program,YYYY means calendar year, MM means calendar month,
DD means calendar day, and ### indicates the number of the request received on
the specified date. For example,the first request received on October 1,2017 would
be assigned the tracking number:TAP-2017-10-01-001.
2. Human Resources will review Reimbursement Applications in the order in which
they are received. Incomplete Reimbursement Applications or Reimbursement
Applications submitted without required documentation will be returned via
electronic mail to the employee, who will need to resubmit a completed
Reimbursement Application with supporting documentation in order to be
considered for reimbursement. A new tracking number will then be assigned based
on the date of receipt of the completed Reimbursement Application with required
documentation.
3. Human Resources will separately log each course Reimbursement Application in the
funded fiscal year's Tuition Assistance Program Tracking spreadsheet
"Applications"tab.
i. Human Resources will reconfirm an employee's eligibility. The course Final
Grade, Credit Hours, and Book(s) Cost will be logged on the "Applications"
tab.
ii. Human Resources will log the eligible reimbursement amounts for credit
hours and textbook(s) and will calculate a total eligible reimbursement
amount.
e. Reimbursement Processing will begin for the Reimbursement Period One following the
January 31st deadline for submitting Reimbursement Applications.
i. Human Resources will sort completed eligible Reimbursement Applications
by Tracking Number order and reconfirm an employee's eligibility.
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Policy No.05-003
Tuition Assistance Program
August 1,2018
Page 5 of 7
ii. Human Resources will log each eligible Reimbursement Application in the
funded fiscal year's Tuition Assistance Program Tracking spreadsheet
"Reimbursements" tab up to the Maximum Per Person Allowable
Reimbursement Amount (see Addendum for these Amounts). This process
will be repeated for each eligible Reimbursement Application until the
Program Budget Balance for Reimbursement Period One has been depleted.
iii. Human Resources will complete a 121 for Tuition Assistance Program
Reimbursement and route for approvals and processing by Finance.
iv. Finance will process all approved Period One Reimbursements in February.
v. If funds are remaining in the allocated Program Budget Balance following
Period One Reimbursements, Human Resources will add this remaining
balance to the beginning Program Budget Balance for Period Two
Reimbursements.
f. Reimbursement Processing will begin for the Reimbursement Period Two following the
August 31st deadline for submitting Reimbursement Applications.
i. Human Resources will sort completed eligible Reimbursement Applications
by Tracking Number order and reconfirm an employee's eligibility.
ii. Human Resources will log each eligible Reimbursement Application in the
funded fiscal year's Tuition Assistance Program Tracking spreadsheet
"Reimbursements" tab up to the Maximum Per Person Allowable
Reimbursement Amount (see Addendum for these Amounts). This process
will be repeated for each eligible Reimbursement Application until the
Program Budget Balance for Reimbursement Period Two has been depleted.
iii. If funding remains available after processing all eligible and approved
Period Two Reimbursements, Human Resources will reconsider Period One
Reimbursement Applications that were eligible but not reimbursed due to
that period's allocated budget limitations.
iv. Human Resources will complete a 121 for Tuition Assistance Program
Reimbursement and route for approvals and processing by Finance.
v. Finance will process all approved Period Two Reimbursements in
September.
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Policy No.05-003
Tuition Assistance Program
August 1,2018
Page 6 of 7
Addendum:Tuition Assistance Program
Current Reimbursement Year Expenses and Amounts
FOR FISCAL YEAR REIMBURSMENT:
October 1, 2018-September 30,2019
Applications will be considered on a rolling basis for enrollment in courses in which classes began
on or after August 1,2018.
In order to be eligible for reimbursement all documentation required to process a reimbursement
must be received on or by the thirtieth(30th) day following the last date of the term/session for the
course(s) for which reimbursement is being requested. In no case will reimbursements be
processed outside of the fiscal year.
ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS:
Copies of original receipts are required for reimbursement. Failure to provide proper
documentation will result in ineligibility for reimbursement.
Tuition and Fees:(maximum per credit hour reimbursement based on course grade)
Final Course Grade: A B C
Associate Degree Course: $114.04 $ 85.53 $ 57.02
Bachelor Degree Course: $179.90 $134.93 $ 89.95
Graduate Degree Course: $336.77 $252.58 $168.39
Required Course Textbook(s): (maximum reimbursement per course based on course grade)
Final Course Grade: A B C
Per Course: $150.00 $112.50 $ 75.00
MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR
No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and
are subject to the following fiscal year per person maximum credit hour reimbursement amount
based on degree:
• Associate Degree: $1,368.48
• Bachelor Degree: $2,158.80
• Graduate Degree: $4,041.24
No employee will receive more than$600.00 for textbook reimbursement per funded fiscal year.
Police Officers and Detectives:October 1,2019-September 30,2022 73
SIGNATURE PAGE
Agreed to this 5 day of'O0e'c * V2019, by and between the respective Parties
through the authorized representatives of the PBA and the City.
PALM BEA COUNTY
POLICE :E OLENT OCIATION
By:
Witness John Kazrn, Pr- ''ent
By:
Witness Brennan Keeler, Legal Counsel
CITY OF BO NTON BEACH
iIL -Co ( Q- B -
Witness Mayor-Steven B. Gra t •
1114%1111P6_
ATTEST:
/jig 41 -497.
ess � 2'llx.,Cry 1 Gibsont
APPRO D AS / ORM City Clerk eoYN't°�
AND � RECC . S: A
IJ�iW `0Y01.4/04-4_,--‘4.
Cir Attorney r Lori LaVerriere, City Manager
Ratified by City Commission Ratified by Union
11 5-\c\
Date Date