Loading...
R02-014 RESOLUTION R02 -0 14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYlxTTON BEACH, FLORIDA, RATI~FYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY Ot~ BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (SEIU) TO RESOLVE ISSUES OF DISPUTE BETWEEN THE PARTIES; AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boymon Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU. AFL-CIO, CLC, LOCAL 1227 (SEIU) have successfully concluded impact bargaining regarding several issues of dispute between the parties; and WHEREAS, the Memorandum was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify this Memorandum and execute the same; NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Memorandum of Understanding between the City of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU-, AFL-CIO, CLC, LOCAL 1227 (SEIU), attached hereto as Exhibit "A" :xecme the Memorandum. Section 2. and authorizes the Mayor to This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this I~' day of January, 2002. CITY O N B CH, F~LORIDA Commissioner kTTEST: Clerk RESOLUTION EXHIBIT Page 1 of 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between the City of Boynton Beach, Florida and National Conference of Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227 (SEIU) The purpose of this Memorandum of Understanding is to resolve issues of dispute between the parties and to resolve concl~ively the matters addressed herein to the extent of any conflict between this Memorandum of Understanding and the terms and conditions of the Collective Bargaining Agreements between the City and the Blue and White Collar Units, this Memorandum of Understanding will prevail. In consideration of the mumai covenants expressed herein, the parties agree as follows: Implementation of Perfnrmance/Pay S~stem. Notwithstanding the provision of the current Blue Collar or White Collar Collective Bargaining Agreements regarding implementation of the performance evaluation system~ the implementation shall be deferred one year. In lieu of performance based increases for fiscal year 2001-2002, all members of the bargaining unit will receive a 3% base wage adjustment the first pay period in March, 2002. Members who have reached top out pay shall receive their increase as a imp sum and not into base. Dress Code. SEIU withdraws its request to bargain or impact bargain the implementation of the City's Dress Code Policy for non-uniformed employees, a copy of which is attached as Exhibit "A". Tuition Reimbursement Program. Bargaining Unit Members are eligible for participation in the City% Tuition Reimbursement Program, a copy of which is attached as Exhibit "B'. ~ The Collective Bargaining Agreements provide that first evaluation period under the City's pay for performance program shall commence April 1, 2001 and end March 31, 2002. It will now commence April 1, 2002. MEMORANDUM OF UNDERSTANDING EXHIBIT "A" - Page 2 of 2 City uniforms and uniform items (shirts, pants, jackets, etc) should be worn only during business hours or when City business is to be conducted after hours with appropriate ap 3roval. The following is a guideline to follow: ACCEPTABLE Dress slacks, Dockers, or khaki pants Dresses, suits City issued logo shirts Golf shirts Only City issued caps Apprepdate footwear based on safety and task NOT ACCEPTABLE Shorts, .eans. capri pants and any denim type blothing Dresses and skirts that are shorter than 3" above the knee cap when standing Strapless dresses, sundresses, tube or tank tops. halter tops or bare back tops Stirrup pants, leggings sweat pants, leather pants, overalls or athletic wear Tee Shirts or clothing with advertising promoting tobacco, alcoholic beverages, or local businesses, vulgar, suggestive, offensive or indecent messages Clothing of any fabric, type or fit that is too revealing, better known as 'see through" Athletic shoes, flip-flops, thongs, Or sandals Exceptions: The Department Head and City Manager may make exceptions to the dress code policy for special days such as holidays, or special occasions. Exceptions shall be considered regarding specific job duties and responsibilities, but shall always follow the rule of business necessity. Employees may be allowed to "dress down" with department head approval, when working on temporary projects or assignments, Le., moving of an office or a temporary project. Department heads and all supervisors shall compliance of their respective departments. consistent enforcement of the dress cod e policy. be responsible for the dress code Open communication ~s the key to Should an employee come to work in inappropriate attire, he/she is subject to progressive discipline and the employee may be sent home to change clothes if the attire is in violation of this Administrative Policy. An employee will be considered "off the clock" if he/she is sent home in violation of this policy. The Department Head and Human Resource Director shall make the final determination in questionable situations. Effective Date: October 15, 2001 Bressner, City Manager Procedure No; Rev: 000 Supersedes: Page -1 - of 5 MEMOP~a. NDUM OF UNDERSTANDING EXHIBIT "B" - Page PD - 0003 Date: ,~auaa~t~F Date: None Human Resources I of 5 Prepared by: Professional Development Approved by: Arthur Lee Director of Human Resources Date: TUITION ASSISTANCE PROGRAM 1. PURPOSE: Defines the Tuition Assistance Program which reimburses eligible employees for successful comeletion of approved courses up to a $1,500.00 cap for Associate degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate degrees per fiscal year, for tuition and books. The City makes no commitment to employees that advancing their education will result in either a promotion or pay increase, SCOPE: The provisions of this procedure shall apply to all full time non-bargaining unit employees who choose to attend an accredited college or university to pursue an approved degree course. LIST OF RESPONSIBILITIES: 3.1. All full time, non-bargaining unit Employees 3.2. Division Heads 3.3. Department Managers 3.4. Tuition Assistance Coordinator 3.5. Professional Development Manager 3.6. Human Resources 4. DEFINITIONS: 4.1, Full time, non-bargaimng unit employee - an employee who has completed one year of service with the City after hiring or promotion to full time status. 4.2. Tuition Assistance Coordinator -- Assigned designee from Human Resources, who coordinates the Tuition Assistance Program and counsels employees as needed. 4.3. Professional Development Manager - Assigned person who. supervises the Tuition Assistance Program. 4.4. CAP - Upper limit on dollar amount which the City shall reimburse. 5. :REQUIREMENTS 5.1. Eligibility 5.1.1. Applicants shall be full-time employees and meet the following performance and length of service requirements prior to beginning classes, 5.1.2 Full time employees who have completed their one-year probation and who are non- [~arga~ning unit members. Part-time and Temporary Employees shall not be eligible to receive tuition assistance. Tuition Reimbursement Rev 001 Date: 09/14/01 PEP.0003 Page -1 - of 5 MEMORANDUM OF UNDERSTANDING EXHIBIT "B" Page 2 of 5 5.1.3. Employees who are bound by a union comrac~ will follow the prows~ons as aid out in their contract and shall not be eligible under me terms and conditions of [his Tuition Assistance Policy. 5.1.4. Emoloyees must maintain 8 mimmum rating of "meets requirements" or comparable rating in all performance review categories in order to remain eligible for tuition assistance. 5.2. Application 5.2.1. Employees may apply for reimbursement limited to .$1,500.00 per AA or AS, $2,000.00 per BA or BS, and $3,000.00 for graduate degrees cap oer Fiscal Year by completing the Application for Tuition Assistance form (PDF. 021) available in the Professional Development and Human Resources Departments, 5.2.2. Application is restricted to tuition ana texts only for approved courses required in the program. 5.2.3 Completed applications for Tuition Assistance should be submitted by the applying employee to their manager for approval, then sent through their area s~gnature cycle, including their Division Director and then to the Tuition Assistance Coordinator who will submit it to the Professional Development Manager and Director of Human Resources for final approval (Approval Cycle). 5.2.4, Applications must be approved by the Director of Human Resources prior to attending the first class to verify the class is eligible for reimbursement. Employees who begin classes prior to approval by those listed on the Approval Cycle will not be reimbursec Incomplete applications wilt be returned to the employee and will delay approval. 5.2.5. Original receipts for tuition and books should be sent to the Tuitior Assistance Coordinator as soon as they are available. Reimbursement will not be made without original receipts. 5,2.6. Final approval of all Tuition Assistance applications rests with the Director of Human Resources. Job-relatedness as determined ~)y the City shall factor significantly into the City's decision to approve a given course or program. 5.2.7. Once approved, a copy of the application shall be returned to the employee. This copy should be saved and re-submitted with the original course grade at the end of the course to the Tuition Assistance Coordinator. Courses or books that are rejected from reimbursement shall be noted on the copy. 5.3. Selection of courses and schools 5.3.1. Tuition Assistanca is granted at the City's sole discretion for individual courses based on course content and job-related factors. Generally, courses must aid employees to improve performance in their present job or prepare for advancement within the City. All courses in a degree or certificate program shali not be automatically covered. Electives must be chosen to provide the greatest benefit for the employee's current position or a future position within the organization. 5.3.2. Colleges and universities must be accredited by the appropriate regional accrediting association, and must be included in Florida's Independent Licensed and Accredited Colleges and Universities. 5.3.3. Adult education classes may be considered for Tuition Assistance if a specific etter grade is issued. Tuition Reimbursement Rev 001 Date: 09/14/01 PDP.0003 Page -2 - of 5 MEMORANDUM OF UNDERSTANDING EXHIBIT "B" - Page 3 of 5 5.3.4. Courses offered by technical or trade schools should be discussed with the Professional Development Manager prior to registration Employees should first investigate the availability of similar courses from a community college, university, or through adult education classes at local community schools. When similar courses are available at the local college or university, the employee should attend these classes instead. 5.3.5. Colleges and Universities granting degrees by correspondence and/or distance learning technology ;nust be accredited and recognized Dy the academic community. The availability of courses at a community college or four-year university in the local area, as well as the ability of the employee to attend these classes, shall be a determining factor 'n approvin~ a correspondence course. 5.4. Ineligible Courses 5.4.1. Certain courses shall be considered ineligible for reimbursement under ail circumstances, even if they are a degree requirement. Examples of these types of courses are: physical education and sex education classes. 5.4.2. Seminars, of any kind, shall not be reimbursed under the Tuition Assistance Program, 5.4.3. The Tuition Assistance Program shall not cover classes which earn Continuing Education Units (CEUs). 5.4.4. Review courses designed to "coach" the par[icipant to improve their chances in passing a test, such as a CPA examination or college entrance test (SAT), shall not be covered. 5.4.5. Courses which are graded on a pass/fail option shall not be eligible 5.4.6. Courses which officially began prior to the employee becoming eligible for Tuition Assistance shall not be eligible. 5.4.7. Courses issuing credit for "Life Experience" or Portfolios shall not be covered. 5.5. Materials and Fees 5.5.1 Eligible for reimbursement. 5.5.1.1. One hundred percent (100%) of tuition shall be reimbursed if a grade of "B" or better is earned. Fifty percent (50%) of tuition shall be reimbursed if a grade is "C." There shall be no reimbursement for courses where the earned grade is below "C." 5.5.1.2. Cost of all approved required books for which an original receipt is submitted shall be reimbursed. Employees may be required to provide documentation that certain books are required by their professor or instructor. 5.5.2. Ineligible for Reimbursement. 5.5.2.1. The following fees shall be ineligible for reimbursement: activity, administrative, application, course change, entrance exams (e.g., SAT, GRE, GMAT), graduation, health, aboratory, late registration, library, parking, registration, transcript, etc. 5.5.2.2. The following equipment, supplies or miscellaneous costs shall be ineligible for reimbursement: pens, pencils, folders, notebooks, study guides, private tutoring, calculators, tape recorders, photographic equipment or supplies, computer equipment or supplies, software, etc. Tuition Reimbursement Rev 001 Date: 09114/01 PDP.0003 Page -3 - of 5 MEMORANDUM OF UNDERSTANDING EXHIBIT "B" - Page 4 of 5 5.6. Reimbursements - Tuition and Books 5.6.1. Eligible for Reimbursement 5.6.1.1. The maximum per hour reimbursement will be based on the current tuition rates au Public institutions in the are~, and is limited to tuition and texts only for approved courses, 5.6.1.2. The approved copy of the Application for Tuition Assistance form shall be documentation that the employee is eligible for Tuition Assistance in accordance with City policy, in order for the employee to receive a temporary waiver of fees until the end of the course. This approval does not imply the City will accept responsibility to pay the em 31oyees tuition to the school or any other party. 5.6.1.3. Tuition and BooKs which are paid by student loans are covered under this policy. Employees must 2roduce proof of student loan if they are not the payee on the registration documentation. 5,6.1.4. Employees will be reimbursed the difference between the amount covered by non refundable financial assistance and the total cost of tuition and books up to [ne maximum of the amount allowed under this policy when the cost of tuition and books exceed the limit of the scholarship or financial aid. Employees must provide proof of financial aid and or the value of the scholarshio 5.6.2. Ineligible for Reimbursement 5.6.2.1. Courses which are covered under any non-refundable financial aid, including scholarships, and government assistance, are not covered under this policy. Employees may not submit claims for reimbursement for tuition or books which are covered by non-refundable financial assistance. 5.6.3. Terminated employees 5.6.3.1. If an employee receives approval for a particular semester and begins attending classes, but is involuntarily terminated by the City pdor to the completion of the courses, the City may at its sole discretion "eimburse the covered expenses. The course must have alreaoy started prior to the involuntary termination for reimbursement to be paid, 5.6.3.2. Employees who voluntarily leave their employment or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance received during the 24 month period prior to their termination date. 5.6,4. Submission of grades. 5.6.4.1. A copy of the approved Application for Tuition Assistance form or a facsimile shall be re-submitted to the Tuition Assistance Coordinator along with the original grade report and any remaining original receipts. 5.6,4.2. Approved app cat ons shall be held for four (4) weeks after the anticipated course completion date. Grades or receipts not 3resentad by this time shall not be reimbursed, 5.6.4.3. Employees shall usually be reimbursed for approved courses within four weeks from submission of the final grade report All reimbursements shall be paid by City check Tuition Reimbursement Date: 09/14/01 PDP 0003 Rev 001 Page -4 - of 5 MEMORANDUM OF UNDERSTANDING EXHIBIT "B" Page 5 of 5 5.7. Certificates and degrees. 5.7,1. If a certificate or degree is earned, a copy must be submitted to the Tuition Assistance Coordinator so that it may be included in the employee's file. 5.8. Retroactivity. 5.8.1. The reimbursement will not be retroactive and will cover only those classes taken in the fiscal year in which it was applied. 5.9. Total disbursement 5.9.1. Tuition Assistance will be granted up to and including available funds ir the budget for the fiscal year. At no time will reimbursements exceed the available funds in the current fiscal year buoget. 6. RESPONSIBILITY AND AUTHORITY 6.1. Management, at all levels, shall be responsible for enforcing this policy within their area. 6.2. The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources. 6.3. The Director of Human Resources, or assigned designee, shall be responsible for the audit, approval and processing of Tuition Assistance application and reimbursemenT. 7. REFERENCE DOCUMENTS 7.1. PDF-0021, Application for Tuition Assistance Tuition Reimbursement Date: 09/14 01 PDP,0003 Rev 001 Page-5 - of 5