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R92-92RESOLUTION NO. R92-~ A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, APPROVING A ONE (1) YEAR UNION CONTRACT BETWEEN THE CiT~ OF BOYNTON BEACH AND FRATERNAL ORDER OF POLICE (LIEUTENANTS), COMMENCING OCTOBER 1~ 1991, AND ~UTHORIZING AND DIRECTING THE' ~AYOR AND ITY CLERK TO EXECUTE SAID CONTRACT, ATTACHED ~ERETO AS EXHIBIT "A". WHEREAS, the City Commission of the .City of Boynton ~ach, Florida, UPon recommendation of staff, deems it to be n the best interest of the citizens and resi~dents of the ~ity of Boynton Beach to approYe a one (1) year union :ontract between the City of Boynton Beach and Fraternal )rder of P~iice, (Lieutenants~ eom~encinq October 1, 1991. NOW, THEREFORE, BE IT RESOLVED BY ~E ClT~ COMNIS$ION THE CITY OF BOY~ON BEACh, ~LORIDA THAT: Section t. The City Commission of the City of ~oynton Beach hereby approves the one (1} year Contract )etween the City of Boynton Beach and Fraternal Order of ?olice (Lieutenants), commencing October 1, 1991 and ~uth0rizin~ and directing the Mayor and City Clerk to ~xecute said Contract, a copy of which is attached hereto as Exhibit"A". Section 2. This Resolution shall take .mmediately upon passage. P~SSED AND ADOPTED this ~ day of June, 1992. effect %TTEST: CITY OF BOYNTON BEACH, FLORIDA Ma/yor ' ~ Mayor '.oramis sioner Commiss~er ~i~ Clerk (Corporate Seal) FOP.CON(Ltn) )5/28/92 1991/92 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS FRATERNAL ORDER OF POLICE PREAMBLE REOO~ITIO~ ~ "O STRIKE OR LOC~-6~ NUN-DISCRI~I~ATIO. DUES .DEDUCTION UNION TIME POOL . . FOP REPRESENTATION BULLETIN BOARDS · · TABLE OF CONTENTS WORK AND OVERTIME AND SHIFT CHANGES RULEs AN] REGULATION~ EMPLOYMENT m~o mmITm~TiuN PROCED~m~S' 2 3 4 5 7 8 10 11 12 16 17 19 2O 21 22 24 25 26 27 29 30 32 33 35 3'7_._ 38 4O 41 42 43 44 45 46 47 48 49 5O 51 55 56 57 58 6O 61 62 64 65 PREAMBLE i~ This Agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "employer" or the "City", and the Florida State Lodge, Fraternal Order of Police, hereinafter referred to as the "FOP" or the "Union". It is the intent and purpose of this Agreement to ensure a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. -1- ARTICLE 1 RECOGNITION Section 1. TheClty of Boynton Beach hereby recognizes the FOP as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees~ Relations Commission and comprises all full-time police lieutenants, except those liqu~enants~i assigned, as the public information officer with the City of Boynton Beach. Excluded are all other employees of the city. -2- ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1: The Union agrees that during the term of this contract, it will not call, countenance or encourage any strike as defined by State law and will not thereby interfer~ with the efficient management of the City. Section 2: The City agrees that during the term of this contract, it will not lock out members of the bargaining unit. Section 3: The City recognizes the right of the Union to engage in lawful informational picketing, provided that there shall be no interference with the fuI1 and unrestricted right of persons t~ enter and leave City property. -3- ARTICLE 3 NON-DISCRIMINATION Section 1: It is agreed that no employee shall be discriminated against in their employment because of race, creed, color, sex~ age, national orig~n, marital status, physical handicap or membership or non-membership i~the.~Union~ Section2: Any :claim of discrimination :by an employee under this section maybe,brought withthe appropriate governmental agency. -4- ARTICLE 4 DUES DEDUCTION Section 1: Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon .acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members of the bargaining unit need not execute a new dues authorization card. = Section 2: The Union will notify the City as to the amount of dues. Such notification to the City shall be from an official of the Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3: Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer once per month, not later than fourteen day after the end of the month. Section 4: The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the revocatio~ form is received by the -City. -5- Section 5: The Union will indemnify and hold harmless the~ City against any claims brought based on payroll dedudtions of dues as provided in this Article. -6- ARTICLE 5 UNION TIME POOL Section 1: The City shall create a pool of ninety-six (96) hours for utilization by designated Union representatives for the conduct of Union business within and outside of the City. Section 2: In addition, members of the bargaining unit may donate in two (2) hour increments, and not more than eight (8) per year of vacation time to the time pool on a form designated by the City. Section 3: Union representatives shall be released from duty upon reasonable notice to the department and approval of the division or bureau commander. If the needs of the department do not permit the release of a particular employee as requested, the release of an alternate member during the desired time shall be provided. ARTICLE 6 FOP REPRESENTATION negotiations shall have any negotiating or bargaining The parties shall, at their a list of bargaining team Section 1: Neither party in control over the selection of the representatives of the other party. first ~ba, rgaining ~session, exchange members~, Section 2: The City shall recognize up to two (2) FOP representatives for the purposes of bargaining and any~bargaining team members shall be permitted to attend bargaining sessions which may occur during their regul~ar tours of duty without any loss of pay but the time for more than two (2) representatives will be charged to the union time pool. The City shall not be required t¢ provide overtime to any employee attending negotiations. Section 3: The parties agree that the FOP may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or employees at investigatory or disciplinary interviews. Section 4: In acting in their capacity as FOP representatives within the department and not on behalf of themselves, employees shall not be obligated to observe the assisting Departmental chain of command. A representative may not refer an issue outside of the department without first presehting it to a senior staff officer who shall be either a captain or deputy chief. This shall not relieve employees from observing the Departmental chain of command except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as an FOP representative. ARTICLE 7 BULLETIN BOARDS Section 1: The Union shall be provided with the use of a Lieutenant's Union bulletin board space at one (1) location in the police building. Section 2: on bulletin boards for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union cemmittees; rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. -10- ARTICLE $ INFORMATION REQUESTS Section 1: The City agrees to president or his designee, upon request such as agendas, minutes, financial Retirement Board, Civil Service Board, other body of the City whose activities may impact conditions of employment of bargaining unit members. o~her records shall be qoverned by Florida Statutes, furnish to the Union at City cost, documents reports, etc., of the City Commission, and any on terms and Access to any Chapter 119. -11- ARTICLE 9 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION Section 1: Whenever a lieutenants employed by the City of Boynton Beach is subject to interrogation by members~ of his agency for any reason which could lead to disciplinary actioq, demotion or dismisSal, such interrogation the following conditions: A. The interrogation Shall be conducted-at a reasonable h~ur, preferably at'a time when the lieutenant is on duty, unless the seriousness of the investigation is of such a degree that immediate action is warranted. ~ B. The interrogation shall take place in the Boynton Beach police building. C. The lieutenant under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. under interrogation shaI1 interrogator at any one (1) Ail questions directed to the officer be asked by and through one (1) time. D. The lieutenant under investigation the nature of the investigation prior to any shall be informed of the names of all complainants. Before any investigative interview, the lieutenant under investigation may review the complaint and all written or oral statements made by the shall be informed of interrogation and he -12- prior to the beginning of the complainant and witnesses investigative interview. E. Interrogating sessions shall be for reasonable periods and shall be timed to allow for personal necessities and rest periods. F. to offensive language or or disciplinary action. inducement to answer any The lieutenant under investigation shall not be subjected be threatened with transfer, dismissal, No promise or reward shall be made as an questions. = G. The formal interrogation of a lieutenant, including all recess periods, shall be recorded and there shall be no unrecorded questions or statements. ~ H. If the lieutenant under interrogation is under arrest, or likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all rights prior to the commencement of the interrogation. I. At the request of any lieutenant under investigation, he shall have the right to be represented by counsel and any other representative of his choice who shall be present at all times during such interrogation. J. An employee shall not be obligated to give a second general statement concerning the same facts elicited in an original statement. taken for additional This will not preclude subsequent statements from being the purpose of clarifying specific points or when information has come to light in the interim. -13- K. No mechanical devices, including, but not limited polygraphs, psychological stress evaluators, etc., shall be force¢ on an ~mployee,-nor shall_disciplinary action be taken against an employee who~ref~ses to submit to such testing. Section 2: All complaints against an employee shall be concluded either by a finding that the complaint against the employee is sustained ornot sustained.' - Section 3: No dismissal, demotion, transfer, rea slgnment, or other personnel action which might result in the loss of pay or benefits or which might otherwise be considered a punitive measure, shall be taken against any lieutenant unless such lieutenant is notified of the action and the reason or reasons therefor prior to the effective date of such action. Section 4: No lieutenant shall be discharged, disciplined, demoted, denied promotion, transferred, reassigned~-- or otherwise discriminated against in regard to his employment, or threatened with any such treatment, by reason of his exercise of the rights granted in this part. Section 5: The parties agree that discipline for cause is necessary in order to promote efficiency and improve the quality of service. No member shall be subjected to derogatory or demeaning remarks, yelling, or swearing at any time. Bargaining unit members shall not be disciplined in front of peers, subordinates or the public. Section 6: No member shall be compelled to participate in the investigation of a citizen complaint or complaint from an outside agency unless the complainant has first sworn to the truth of the allegations and the complaint is processed in accordance with the current departmental complaint procedures. An outside complaint is someone not Department. considered any complaint or allegation initiated by employed by the City of Boynton Beach Police -15- ARTICLE 10 LEGAL BENEFIT Section 1: The City agrees to abide by'the provisions of Florida Statutes, Sections 111.065, 111.07, and 768.28, in providing a legal defense or reimbursement for legal services to employee~-charg~d ink,criminal or civil action~arisin~t of the course and scope of their employment; provided, however, that the City shall not be required to pay a judgment when it has been established by a jury or court that the employee acted willfully, wantonly or in reckless disregard of the rights of others. -16- ARTICLE 11 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right tomanage and direct the Police Department. Specifically, but not byway of limitation, the City retains the exclusive right to: Hire, promote, and lay off employees in accordance with the City of Boynton Beach Civil Service Rules and-Regulations. B. Discharge and suspend employees for cause. Transfer employees from one location to another, one shift to another, or one starting time to another. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. Formulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. Introduce new services, procedures, materials, facilities and equipment. Mandate physical, medical, and drug testing in accordance with law. Je Determine and change the equipment and materials provided to or not provided to employees. -17 - K. Add tQ or change the qualifications necessary for any job classification. L. Create, alter or disband special units based upon the needs of the department as determined by the Police ~hief. ~. If the City, fails~to exercise any one or~mere of the above functions from time to time it shall not be deemeda waiver of the City's right to exercise any, orJa~l%ofL suc~ functions. Any~right or privilege of the City not'specifically relinquished by the City in this Agreeme~t~Shall remain with the City. Section 2, In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolu- tion of the impact bargaining. -18- 11/20/91 ARTICLE 12 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of %he charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to have said disciplinary action reviewed by the Civil Service Board or through the grievance arbitration procedure established in this contract, but not both. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Chief of Police within fourteen (14) days of the con- clusion of the investigation. -19- 11/20/91 Section 1: of this Agreement. ARTICLE 13 SUBCONTRACTING There shall be no subcontracting for the life -20- ARTICLE 14 RATE OF PAY Section 1. Wages for fiscal year 1991/92 will be paid in accordance with the 1990/91 Compensation Plan attached to and included as a part of this contract. Section 2. Members of the Police Department shall be evaluated annually under the City's Merit Program. The Merit Program for fiscal year 1991/92 will not have any additional monetary compensation attached to theperfor- mance rating. -20- ON-DUTY INJURIES ~_D__~: Whenan employee is totally disabled from duty for a period of no more than seven (?) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, the employee shall be entitl~dto full regular pay~ If 'tl~e pe~o~ ~f ~iis~bility ~ '~ is greater thah-~even (7) w' ' ' rec~ive~a sum of ~ ill be ellgIble to Worker's Compensation check and his/her normal net take home Day. Section ~: If the period of disability is greater than one hundred eighty 180 days, the City shall ask the Pension Board to review said employee's disability case for retirement due t disability -~ Section ~: After 180 days of disability, the employee shall be examined by a physician selected and compensated by the City to determine the likelihood of recovery. If the medical report indicates a likelihood of recovery, the employee may. receive up to 180 days additional disability leave with an interim examination at the conclusion of 270 days disability leave. If the medical report indicates the employee is permanently and totally disabled as a police officer, the City shall be authorized to terminate the employee for physical inability to perform. -22- Section 4: The city shall police work for employees disabled endeavor to provide in the line of duty. light duty -23- ARTICLE 16 ~ CALL-BACK PAY Section t: In the event that a Lieutenant is recalled to duty anytime outside of his/her regular working hours, the employee shall be compensated for the actual time worked but in no event less than three (3) hours at time and one-half (1~1/2) the employee's regular rate of pay. Section 2: Employees will be called back to duty on the basis of seniority in the rank of Lieutenant. The Lieutenant with the most seniprity as a Lieutenant will be offered the opportunity first. If that person is not available, or turns it down, the next Lieutenant with the most seniority as a Lieutenant will be offered the opportunity. This manner of offering the opportunity wil~ continue until the last Lieutenant it reached. If no Lieutenant volunteers for the assignment, the City shall have the right to assign the duty by inverse seniority. ARTICLE 17 COURT APPEARANCES Section 1: When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of the member's duty as a police officer, and not involving the officer as a plaintiff or whose interest i~affected by the plaintiff, the employee shall be paid a minimum of three (3) hours at time and one-half (1-1/2) the employee's regular rate of pay, unless such court appearance occurs during the employee's regular working hours. SeCtion 2: If Court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. ARTICLE 18 BEREAVEMENT LEAVE Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother-or father-in-law, sister-or brother-in-law, grand- paren~s~ofspouse and~anypermane~t famil¥1member of the household, of an employee, such employee shall be entitled to paid compassionate leave not to exceed three (3) qon- secutive calendar days for any one (1) death. However, if it is necessary for the employee to leave the State in con- nection with the interment of the deceased, five (5) days compassionate leave shall be allowed, Additional leave may be authorized by the Chief or his designee on basis except that such additional leave shall against the employee's accrued sick or annual a case-by-case be debited leave. Section 2. Employees must verify death in writing in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. -26- 11/20/91 ARTICLE 19 SICK LEAVE Section 1. Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be governed in accordance with the Civil Service Rules and Regulations. Section 2. Employees who have more than one hundred twenty (120) hours of sick leave as of October 1 of any contract year may convert fifty percent (50%) of the excess over one hundred twenty (120) hours to a cash straight-time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) not converted in this contract year may be converted in the next contract year. This provision shall not be applicable for FY 91-92, and shall be subject to the collective bargaining process for subsequent fiscal years. Section 3. It shal~ be the policy of the City to permit an employee the opportunity of donating accrued sick leave, providing the contributing employee has 120 hours accrued sick leave, to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick and annual leave to the equivalent of his/her current annual earned vacation rate. Extraordinary 11/20/91 circumstances shall be defined as lengthy hospitalization, critical illness or injury. Where there appears to be a need to share sick leave in accordance with this Article, the Union steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours~ confirm through the Finance Department that the hours are available and submit the list tO the perso~el office for the proper charge,to sick leaue records, Time used will be in order listed,on the appropriate forms supplied by the Union steward. Section 4. Sick leave for medical appointments can be sche- duled more than forty-eight (48) hours in advance and cannot be changed by the Department except in the event of a clear need by the department. Section 5. No member shall be placed on restricted sick leave prior to being counselled by the division commander informing the member of the reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on sick leave for a maximum of six months. At the end of six months, the member will be advised in writing if the depart- ment intends on extending the restricted sick leave. Section 6. At the employee's option, the employee may con- vert excess sick time as defined in accordance with Section 2 to vacation time not to exceed 40 hours, to be transacted in the first month of the calendar year. -28- Section 1: the Civil Service Rules in effect as Section 2: Seniority will vacations. Section 3: ARTICLE 20 VACATION Vacation shall be accrued of October prevail in in accordance with 1, 1990. the granting of Vacation requests may be submitted ~rom forty- eight (48) hours to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty-one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made with twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of ~uch request. Section 4: Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Accrual of vacation time will Civil Service Rules. Section 6. Management reserves the right be subject to in this Agreement or defined in this Agreement. under this section shall not to approve or deny vacation leave based upon the operational needs of the Department. Vacation priviliges shall not be suspended or cancelled except as specifically set forth in time of declared emergency as The exercise of management's right be arbitrary or capricious. Section 7. All lieutenants shall receive in addition to the existing vacation accruals 24 hours of personal time which may be used in four hour increments. ARTICLE 21 HOLIDAYS Section 1. Holidays will be in accordance with the Civil Service Rules and Regulations in effect as of October 1, 1990. Section 2: Holiday pay will be at one and one-half (1-1/2) times the of pay, or not the h61iday ~ ~" ~ ~ is worked. Section 3: A. Holiday Conversion. Under this section, a member may elect not to receive holiday pay as outlined in Section 2 above, but, instead, have the equivalent straight-time holidays added as a~lump sum to the accrued vacation balance. B. Members who sign up for this option must do so betwee] October 1 and O~tober 31 of each contract year with the Bureau of Administration. C. Members exercising this conversion option will be paid only straight time for hours worked on the holiday. D. Members whose regular days off are on the holiday will receive their normal weekly pay. E. Members leaving the service of the City who participated will owe the City for those holidays they were not on the payroll either through loss of vacation credits or deduction from funds due from the City. -30- Fe option Members may elect to take the holiday off and at their deduct eight (8) hours holiday or take th~ holiday off without pay. -31- ARTICLE 22 FUNERAL EXPENSES Section 1. The City will provide a reasonable payment of funeral costs to the beneficiary of a bargaining unit member killed in the line of duty not otherwise provided by State or Federal law. Section 2: Ail employees shall, on a form to be signed to be supplied by the PersonalDirector or his designee, designate by name and address the individual to whom such funds are to be paid. -32- ARTICLE 23 MEDICAL EXPENSES Section 1. Option 1. Members will receive and shall be oblige¢ take an annual electro-cardiogram and physical exam~ by licensed physician approved by the City. If the City selected doctor is used, scheduling shall be at the discretion Of the Department and the results will b~come part of the employee's permanent record. Said medic:al records shall be exempt from public inspection, as ~ro- vided by Chapter 119, Florida Statutes. The City Lall bear the cost of the examination. Option 2. A member may elect his/her own private p! ,sician if approved by the City and the City is obligated t( pay only a portion of the fee not to exceed One Hundred dollars ($~00.00) upon proper receipt, or every 3rd ,ear no% to exceed a ~]aximum of Three Hundred ($300.00) dollars. T~e member shall be responsible for sched~ .lng the appointment and forwarding the results to the C~ty to be included' in the employee's personnel records. S~id medical records shall be exempt from public inspection, as provided~ by Chapter 119, Florida Statutes. 11/20/;1 to nations -33- Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been incurred in the line of duty shall be covered the same as any other duty injury. Section 3. ~age~30 and every other year thereafter, the employees shall be p~ovided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed facility, A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. At the members-discretion he may request an AIDS and/or hepatitis screen at the time of his annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. 11/20/91 ARTICLE 24 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to wear on duty. The _ City will supply replacements for the parts of the un. iform when replacement is appropriate, as determined by the Chief-/of~ Police, and if adequate fundsare available in the City budget. Section 2: Effective on the date of this Agreement, l~euten&nts who are members of the bargaining unit and ~ssigned to plainclothes duty will receive a maximum of One Thousand Dollars ($1,000.00) per contract year~ paid in Two Hundred Fifty Dollars ($250.00) installments at the end of each quarter and rorated as appropriate when assigned during each quarter to pl. .n clothes duty. The City will replace civilian clothes of ieutenants purchased with the annual allowance when such c~o~h~s 'e damaged in the line of duty. The City will replace civilian lothes to uniformed officers assigned to plainclothes duty when he clothes are damaged in the line of duty. The replacement will squire the approval of the Chief of Police. The Lieutenant :laiming a replacement will be required to include with the claim an explanation of the circumstances of the damage and ppropriate reports concerning the incident. This allowance sha 1 commence from the date of assignment on a pro rata basis. -35- Section 3: Lieutenants assigned to plainclothes duty forr~ more than three (3) months at a time will receive a clothinq~ allowance in accordance with the above for the three (3) months and prorated thereafter. Section 4: The City will bear the cost of cleaning ten (10) uniform pieces per week for the contract year. The City shall notifyltho~eempIoyees~that are eligible to take'their u~iforms to the~apprOved dry-cleaning establishmentin ~he City~ Lieutenants assigned to ptainclothes duty~ will be given a cash cleaning supplement equivalent'to that oftheLieutenant. This will be paid at the end o~ each quarter of the contract year. This allowance shall commence from the date of assignment on a pro rata basis. Section 5: Lieutenants assigned to plain clothes duty for more than three (3) months at a time will, for that three (3) month period, be given a cash cleaning supplement equivalent to that given lieutenants and prorated thereafter. These payments for lieutenants assigned to plainclothes duty will substitute for the normal cleaning allowance for lieutenants. ARTICLE 25 TRAINING Section 1: Ail training required of the lieutenant by the Police Department when off duty shall be compensated! at the rate of time and one-half (1-1/2) the employee's regular ra:e of pay. Section 2: The Police Chief Department!st training program according needs and requirements and potential will decid4 to his judg~ for each me~ ~-~ on the ent of the ~r of the )n training Department. Firearms, batonand shot-gun qualificati. sessions will_be planned as the needs are judged by the Chief once each year. -37 - ARTICLE 2~ PERSONNEL RECORDS Sectionl. Within the limits of and in accordance with the provision of the Public Records Law, all personnel records shall be kept confidential and not released to any person except authorized City officials ~or in. response to a. subpoena, %~nless the Clty.r~e~elves .awrltten .authorization from the. member~nregard to the pers~nnel~'records. Section 2. Consistent with State law, the City~agreesthat upon-request,_a member shall have the right to inspect, his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her records at no expense. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel record with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee. Section 3: A personnel maintained by the City Personnel file for all City employees is Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Personnel Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Personnel Director. An employee may request, writing, that specific items be kept in his/her Personnel File. Section 4: ~ritten records of verbal cc counselling memos shall automatically be removed from files after a period of six months provided that t~ reoccurrence of the conduct giving rise to the counselling. Written reprimands shall be removed personnel record, as permitted by law, after a period provided there is no reoccurrence of the conduct giving original reprimand. The Police Department Employee File official Personnel File. When brought to the Police D~ attention, however, by the written request of a lieut respective file will be purged in accordance with the set forth in this Agreement and by the policies of th~ Department. in unselling/ personnel ere is no original _from the ,f one year rise to the is not the )artment's !nant, the procedure Personnel Section 5: The City maintains a Citizen Compla required by Florida Law. The material in the Citizel File is not in the officer's Personnel File. Section 6. Internal Affairs Files will be k Police Department while an Internal Affairs invest ongoing and will not become a part of any Personnel Fil interim investigation is complete and a civil suit litigation is not pending or expected. The mater Internal Affair's files 'will be put in the employee': file and purged and destroyed in accordance with State Law. nt File as Complaint ~pt by the igation is until the or other ~1 in the personnel -39- ARTICLE 27 SOLICITATIONS forced to SectiOn 1: No member shall be attend or participate in solicitations for monies, membership or sales by an outside group (charities, insurance companies, religious organizations~ etc~)~ whi~e on~duty~or~at,~rollc~ll~=~- -40- ARTICLE 28 SAFETY AND HEALTH Section 1: State and Federal working conditions, public employers. Section 2: The City agrees that it will conform to all laws concerning safety, health, sanitation and when said laws are specifically applicable to Protective devices, wearing apparel and other equipment necessary to protect employees from injury shall be _ p~ovided and maintained in proper working condition by the City at no cost to the employee. -41- ARTICLE 29 USE OF CITY FACILITIES Section 1: The FOP shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other groups or other Police Departmentactivities.. -42- ARTICLE 30 HOURS OF WORK AND OVERTIME Section 1. shall be five (5) Section 2: The hours of work for bargaining days per week at eight (8) hours per No work schedule, days off, houx lit members day. of work, payment of etc., shallbe changed for the puruoses of avoiding the overtime. Section 3: No person shall be required to wor sixteen Il6) hours at one (1) time, except in a declared For the purposes of this section, an emergency shall b disaster (flood, hurricane, etc.) or man-made disaster cfvil unrest, etc.) or other incident which directly th health and safety of the citizens of Boynton Beach. Section 4: Any employee who works in excess of the normal work day or the normal work week shall be entitled .o pay, for those hours in excess of the normal work day or the normal work week, at the rate of time and one-half (1-1/2) the employee's regular rate of pay. more than emergency. a natural riot, mass eatens the ARTICLE 31 SHIFT SELECTION Section~I: The Department shall have discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign ~e~ena, n%s~t~a~par~ti~u~la~ division within the~p~ice department. Sectio_n 2: The City may designate the slots assizes', t~ ~each shift. Thereafter employees in the patrol d~vi~n ~hal~ choose slots by seniority, The department shall have ~discretkon to change purposes~ The right to p~obationarylieutenants. the ,junior lieutenant,for training select shift shall not apply to ARTICLE 32 SENIORITY Section 1: Seniority shall ~eu~Unttesdh~mt~admaet~ ~ promotion to lieutenant. If two (2) a of promotion, the date of initial appointment to the se~ vice of the City shall be the determining factor. Section 2: Seniority shall accumulate d ring all authorized leaves. Section 3: Seniority shall be the determinin, factor on the selection of vacations, overtime assignments, shif: selection (in the patrol division only). ~ Section 4: The City shall have the right to determine the number of lieutenants assigned to each division and Section 5: For lay-offs and other non-d reductions in personnel the foregoing procedure shall Senior Classes will displace Junior Classes. An exam if a Police Lieutenant's position is to be abolished, tl.e incumbent with the least seniority in the position of Lieut.~nant would displace Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would d.splace any probationary or provisional or temporary, or be separated as the case may require. -45- ~ach shift. isciplinary apply that e would be: ARTICLE 33 TRANSFERS AND SHIFT CHANGES SectiOn 1: No member shall be transferred nor have his/her shift or schedule changed, including days Off, without forty-eight (48] hours notice, except in time of emergency, as elsewhere defined in this contract-~ If. a~member~Suffers a~transfer or shift change, as defined in this Agreement, without the forty-eight (48) hour notice and without the consent of the employee, all time werked on the first newly assigned shift or workday shall be at the overtime rate. Section 2: provided thatexchange unreasonably withheld, overtime. Members may request to exchange shifts, is approved, which approval shall not be and the City shall not be obligated to pa! -46- ARTICLE 34 GROUP INSURANCE Section 1: ($50,000.00) life at no expense to The City shall provide a Fifty Thousand Dollars insurance policy to all bargaining uqit members the employee. The policy shall be~r| a double indemnity provision for death~occurring in the line of ~uty. Thi? _ ! shall be in addition to any other benefits required by State or Federal law. Section 2: The City shall provide one hund~ (100%) of the cost of individual coverage in a grou~ policy. ~ Section 3: The health and dental lnsuranc currently in effect shall not be reduced during the lJ contract. sd percent insurance coverage fe of this -47- ARTICLE 35 TUITION REIMBURSEMENT Section 1. The City shall provide an incentive in the form of paid tuition and books for members who choose to attend an accredited college or university. Se~t~on~2, the course. College and/or University program must be initially approved by the City Manager. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. In the event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a sastisfactory grade. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, Criminal justicet public administration or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager, · enhance the member's performance as a law enforcement officer. -48- 11/20/91 ARTICLE 36 DEPARTMENTAL POLICY, RULES AND REGULATIONS Section 1: It is agreed and understood that Department currently has policy, rules and regulations employment. The formulation, amendment, rev~ implementation of any rule shall not be arbitrary or In the event of a conflict between the rules and this the Agreement shall control. Section 2: Nothing in this section shall co waiver of the Union's right to impact bargaining as ~he Police governing sion and aPricious~ Agreement, ~stitute a defined in Chapter 447, Part II, Florida Statutes (the Flora.da Public E~ployee's Relations A~t). In the event the City wishes to amend, revise or implement any new rule to show cause, it shall qive written notice to the Union. -49- ARTICLE 37 OFF-DUTY POLICE EMPLOYMENT Section 1: Off-duty police employment shall be defined as any police-related duty that is performed or administered by a sworn employee which is paid for by a private entity, through the Section 2: When Cityfa¢ilities are used by otheragencies or persons, any desired security arrangements shall be at the option of the user. If the us~r and/or City determines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. -50- ARTICLE 38 GRIEVANCE AND ARBITRATION PROCEDUREs Section 1: City and the Union, are members of the Bargaining Unit, or application of, or compliance Agreement. concerning the int~ with specific ter~ the A grievance is defined as a dispute between the or the City and one or more of employees, who rpretation s of this Section 2: Grievances shall be settled in acco~ following procedure: Step l: An employee shall attempt to r~ grievance with the immediate superv ten (10) working days of its occ within ten (10) working days from employee became aware of the complaint. A Union steward may be so requested. Discussion shall be i the purposes of settling the dis decision of the immediate supervis given orally to the employee no lat (10) working days after the discus~ Step 2: If the grievance has not been reso~ satisfaction of the employee at grievance may be reduced to wr standard grievance form signed by · dance with ~solve any .sor within urrence or ~e time the se of the- )resent if formal for )ute. The ~r shall be ~rthan ten ~ion. .ved to the ~ep 1, the ting on a ~e employee -51- SteD 3: SteD 4: and presented to the Captain within ten (10)~ working days after the immediate ~upervisor's__ response was rendered at Step 1. The Captain shall conduct a meeting with'3the affected employee or employees and the Union steward within ten [10) working days of receipt of the w~itt~.~gr~ievance and Shal-~ ~epty' to the affected employees and the Unio~3in writing within ten ~(10) days after the~close of the meeting. If' the grievance is not settled to the satisfaction of the employees at Step 2, the decision may be appealed by presenting the written grievance to the Police Chief not later than ten (10) days after receipt of the decision by the Captain. The Police Chief shall conduct a meeting with the affected employees and Union steward within ten (10) working days after receipt of the grievance and shall reply to the affected employees and the Union in writing within ten (10) working days following the close of the meeting. If the grievance is not resolved to the satisfaction of the employee at Step 3, the Police Chief's decision may be appealed to the -52 - Section 3: shall be 8:00 A.M. to 5:00 P.M., Monday through Frida~ of holidays observed by the City. Section 4: Time limits set forth above may or shortened by mutual agreement in writing. In the ev party shall fail to abide by the time limits provided grievance shall be deemed abandoned. Section 5: In accordance with State law, the not be obligated to process the grievance of a non-mel section 6: The Union shall have the rig] grievances in its own name in the third step procedure on any non-disciplinary matter interpretation or application of this Agreement. Section 7: If any grievance is not satisfactor at the City Manager level, the Union shall have the rig arbitration within ten (10) days of receipt of the Ci City ~anager not later than ten (10) working days after receipt of the Step 3 de~ision. The city_ Manager shall meet with t~e affected employees and the Union steward wit]lin ten (10) working days following receipt of tl~e grievance and shall reply in writing within ten (10) working days following the ¢1¢s~ of the meeting. For the purposes of this Article, a working day -53- exclusive lengthened ~t that any herein, the Unio~ shall iber. it to file of t~e grievance inv)lving the ily resolved ~t to demand ~ Manager's decision. Arbitration proceedings shall be conducted in accordanceS- with the rules of the American Arbitration Association procedures.~ Seetion 8: The _ arbitrator shall have exclusive jurisdiction and authority to resolvegrievances as defined in this Agreement. The arbitrator shall have the authority to issue subpoenas enforceable in any court shall admini~te~ oaths~ to alt proceedings. of competent jurisdiction and witnesses testifyin~ in any Section 9: The arbitrator shail have no power to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or ~ny part thereof or any amendment thereto. Section 10: The findings of the arbitrator made in accordance with this Agreement shall be final and binding on all__ parties. The arbitrator's decision shall be in writing and shall set forth the arbitrator's findings and conclusions on the issues submitted unless otherwise agreed by the parties. Section 11: The costs for services of the arbitrator shall be borne equally by the parties. Any employee who is a grievant in a grievance proceeding shall have the right to attend the arbitration at no loss of pay and time will be charged to the Union time pool. Section 12: Either party to this Agreement desiring a transcript of the arbitration shall be responsible for the cost of the transcript unless Otherwise agreed to in writing by the parties. ARTICLE 39 PAST PRACTICES Section 1. remain A. B. C. D. F. G. H. I. J. Ail employment practices listed below shall in effect: Lockers Locker room shower, gym Shoes every six (6) months Provide weapons, equipment, gear appropriate to assignment Bullet proof vests Jackets, raincoat, boots Desk space/office supplies Approved and required travel expenses Use of City vehicles for court when available Three (3) complete uniforms per year, as need. -55- 11/20~ '91 Section 1: The constitutes the full and ARTICLE 40 ENTIRE AGREEMENT parties agree that complete understanding this Agreement of the parties. -56- ARTICLE 41 PERSONAL VEHICLES SEction 1: personal vehicle in the performance of police duties, sa~ shall be reimbursed a mileage rate established by City excluding ~iteage traveled to and from the normal work Section 2: For the purposes of this Art performance of police duties shall include attendance depositions, administrative hearings, conferences officials, s~hools and seminars, excluding those insta mileage is reimbursed from another source.. When an employee is required to use his/her .d employee esolution, %~cation. i¢le, the at Court, 'ith City ~ces where -57- ARTICLE 42 PROMOTIONS in and Regulations. .Section~2: Section 1: Ail testing for promotional positions shall be accordance with the City of Boynton Beach Civil Service Rules shall consist Should the Department determine tou~ilize an component of the testing.procedure, said board of at least three (3) persons,~ who are law enforcement officers cf greater rank from jurisdictions other than theCi~y~q~iBQyntonBeach. Section 3: All deoisions and scoring by the~board shall be made at the conclusion of the interviews and must be arrived at a joint meeting. Section 4: If possible, a Union representative who is not eligible for promotion shall be present as an observer at all times is seated and charge the time to the Union time while the board pool if on duty. Section 5. Whenever possible, no numerical score shall be known by any person until the completion of the entire promotional testing process. Where passage of a component of the testing is a necessary element of advancement to the next component of the test, employees and assessing personnel shall be notified only that an employee is eligible or not eligible to advance in the promotional process whenever possible. -58- Section 6. Members passed "Rule of Three" as provided by Regulations of the City may apply whose decision shall be final. over for promotion under the the Civil Service Rules and for review to the City Manager ARTICLE 43 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and section~- of this Agreement shall remain in full force and effect with it being presumed to be the be stricken. Section 2. parties shall negotiating a intent of the parties that the invalid language In the event of such a determination, the meet within thirty (30) days for the purposes of substitute provision. -60- ARTICLE 44 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senic Staff Officer for at least two (2) weeks shall be paid above the Lieutenant's regular rate of pay, unless a superior officer is present. Section 2. The provisions of this Article shall not a to persons performing other than regular road patrol dy including details. 11/20 ply ties, 91 -61- ARTICLE 45 CHEMICAL TESTING section 1. The ,FOP and the ~ityagree that'~the maihtenance Of professio~al-~standardsand the public confidence requi~es tha~ there be a workplace free from substance abuse (including alcohol). Section 2. Should any commander have a reasonable suspicion based ~p0n observable, objective factor to believe that a member of the bargaining unit is under the influence of a controlled substance he may order the bargaining unit member to submit to s chemical test in accordance with the provisions of this article. Section 3. Chemical tests may be performed either through urinalysis, blood testing or hair cuttings. The choice of the test shall be that of the employer. At the time a sample is drawn, the sample shall be divided into two por- tions with a second portion reserved for any necessary retests that may occur in accordance with the provisions of this article. Section 4. All tests shall first be performed through the use of an EMIT screening procedure. In the event that the EMIT test results in a positive finding for controlled substances the test shall be confirmed through the use of a GCMS test. No test shall be considered final until con- firmed by a GCMS test. 11/20/91 -62- Section 5. In the event that an employee is found to ~ave a positive tes~ as confirmed by GCMS, the employee may uti- lize the reserved sample for a confirmatory test to beper- formed at a laboratory of the employee's choice. In the event that the confirmatory test is positive, the employee abuse rehabilitation program when such request to par- ticipate occurs prior to a chemical test, the employee shall be permitted to utilize accrued vacation and/or sick l~ave ! to the extent that such sick leave exists during the tenure of the rehabilitation program. participate in such a program disciplinary action. section 6. Ail records Any employee volunteerl shall not be subjected t, of chemical testing and par- .ng to any ticipation in rehabilitation programs shall be treated medical records and therefore exempt under the Florida Public Records Law. Section 7. Nothing in this section shall prohibit the from directing that an employee submit to a physical e nation when the employer has reason to believe that th employee is otherwise unfit for duty. as City (ami- -63- ARTICLE 46 MANAGEMENT PACKAGE Section ~. Lieutenants shall continue to receive the management package while in effect. Management has the exclusive right to delete this benefit provided it is deleted on a City wide basis. -64- ARTICLE 47 DURATION OF AGREEMENT Section I. This agreement shall become effective upon ratification by both parties and shall continue in full force and effect up through and including September 30, 1992. section 2. Negotiations for a successor agreement shall commence by the exchange of proposals not later than June 15, 1992 and the parties shall hold their first bargaining session not later than July 1, 1992. -65- 11/20/91 day of ~.~ Agreed to this 1992, by and between the respeC~lv~e parties through the authorized representatives of the Union and the City. / ~ WitHess POLICE LIEUTENANTS FRATERNAL ORDER OF POLICE President ~ ~ u ,/~/ witnJss Witness AanPPr°ve~ad Cow~ec~ CITY OF BOYNTON BEACH, FLORIDA M~yor Arline'W~iner ATTEST: 'City~lerk City Manager -- 1991/1993