R92-91RESOLUTION NO. R92-~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A ONE (1) YEAR UNION CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND
FRATERNAL ORDER OF POLICE (SERGEANTS) ,
COMMENCING OCTOBER 1, 1991, AND
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE SAID CONTRACT,
ATTACHED HERETO AS EXHIBIT "A".
WHEREAS, the City Commission of the City of Boynton
leach, Florida, upon recommendation of staff, deems it to be
in the best interest of the citizens and residents of the
lity of Boynton Beach to approve a one (1) year union
~ontract between the City of Boynton Beach and Fraternal
)rder of Police, (Sergeants) commencing October 1, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. 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
,ol ice (Sergeants), com=menc lng October i, 1991 and
~uthorizing and directing the Mayor and City Clerk to
,=xecute said Contract, a copy of which is attached hereto as
Zxhibit "A".
Section 2. This Resolution shall take effect
mmediately upon passage.
PASSED AND ADOPTED this ~ day of June, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
.TTEST:
2it~ clerk
Corporate Seal)
~OP.CON(s~$)
05/28/92
Commis s~one
1991/92 AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
POLICE SERGEANTS
FRATERNAL ORDER OF POLICE
PREAMBLE
Section 1. 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 issue 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 2
NO STRIKE OR LOCK-OUT
Section 14
for duty,
positions,
"Strike- means the concerted failure to report
the concerted absence of Sergeants from their
the concerted stoppage of work, the concerted
submission of resignations, the concerted abstinence in
whole or in part by any group of Sergeants from tke full and
faithful performance of their duties of employment with the
City, participation in a deliberate and concerted course of
conduct which adversely affects the services of the City,
picketing or demonstrating in furtherance of a work stop-
page, either during the term of or after the expiration of a
collective bargaining agreement.
Section 2. Neither the Union, nor any of its officers,
agents and members, nor any employee organization members,
covered by this Agreement, will instigate, promote,
sponsor, engage in, or condone any strike,
slowdown,
picketing,
the City.
sympathy strike,
sick-out, concerted stoppage or work, illegal
or any other interruption of the operations of
Section 3. Each Sergeant who holds s position with the
City occupies a position of special trust and respon-
sibility in maintaining and bringing about compliance with
5/3/89
-3-
ARTICLE
NON-DISCRIMINATION
Section t. It.is agreed that no employee shall be discrimi-
nated against, as prescribed by State or Federal laws, in
their employment because of race, creed, color, sex, age,
national origin, marital status, physicathandicapor mem-
bership or non-membership in the Union~
Section 2. Any claim of discrimination by an employee under
this section may be brought with the appropriate governmen-
tal agency, but may not be grieved under the contract.
-5-
4/25/89
5/3/89
Section 5. The Union will' ind~mnify and hold harmless the
City against a~y claims brought based on payroll deductions
of dues as provided in this Article.
-7-
ARTICLE 6
FOP REPRESENTATION
Section 1. Neither party in negotiations shall have any
control over the selection of the negotiating or bargaining
representatives of the other party. The parties shalL, at
their first bargaining session, exchange a list of
bargaining team members.
Section 2. The City shall recognize up to three (3) FOP
representatives for the purposes of bargaining and any
bargaining team members shall be permitted to attend
bargaining sessions which may occur during their regular
tours of duty without any loss of pay but the time for more
than three (3) representatives will be charged to the Union
Time Pool. The City shall not be required to provide over-
time 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 divi-
sion or bureau lieutenant for the purpose of processing any
individual grievance or assisting employees at investigatory
or disciplinary interviews.
-9-
5/1/89
5/10/89
ARTICLE 7
BULLETIN BOARDS
Section 1. The Union shall be provided with the use of a
Sergeant's Union bulletin board space at one (1) location in
the police building.
Section 2. The Union agrees that it shall use the space on
bulletin boards only for the purposes of posting notices of
Union meetings; notices and results of Union elections;
reports of Union committees; notices and results of Union
elections; reports of Union committees; rulings or policies
of the Union; recreational and social affairs of the Union,
and notices by public bodies.
-1t-
4/25/89
5/1/89
ARTICLE 9
RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION
Section 1. The City of BoyntonBeach agrees that all rights
of Law Enforcement Officers under investigation detailed and
granted by Florida Statutes, Section 112.532 (1)(a)-(i) will
be observed and practiced.
-13-
5/10/89
K. Add to 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 Chief.
If the City fails to exercise any one or more of the above
functions from time to time it shall not be deemed a waiver
of the. City's ~ight to exercise any or all of such functions.
Any right or privilege of the City not specifically
relinquished by the City in this Agreement shall remain with
the City.
Section 2. In the event of any change over which the City
may have an obligation to bargain concerning an impact of
the change, the change may be implemented prior to resolu-
tion of the impact bargaining.
-15-
5/3/89
5/10/89
6/12/89
7/12/89
11/7/91
ARTICLE 12
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. Those employees who are selected members of the
SRT team shall be compensated an additional 10% for hazardous
duty when said team is actually called to duty. Members of
the Organized Crime Bureau and Directed Patrol who are
active shall receive a 5% pay supplement. No employee shall
receive more than one assignment pay.
Section 3. Members of the Police Department shall be eval-
uated annually under the City's Merit Program. The Merit
Program for fiscal year 1991/92 will not have any additional
monetary compensation attached to the performance rating.
-17-
7/12/89
3/6/90
11/7/91
ARTICLE 14
CALL-BACK PAY
Section 1. In the event that a sergeant 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
basis of the following procedure:
back to duty on the
Members of the uniform patrol division who
regularly scheduled to work
ceding or tour experiencing
offered the position first,
are
the shift or tour pre-
the vacancy will be
by order of seniority.
Following the completion of uniform patrol sergeant-
detective and staff shall be offered the position.
Members of the shift not regularly scheduled to
work on the day the shift or tour experiencing the
vacancy will be offered the position next, by order
of seniority.
If the vacancy remains, the members of the shift
who are regularly scheduled to work the shift or
tour following the shift or tour experiencing the
be offered the position, by order of
vacancy will
seniority.
-19-
4/25/89
3/6/90
11/7/91
ARTICLE 15
STAND-BY PAY
Section 1. Employees directed to be on stand-by status
shall be able to respond to a specified location on duty
within one (1) hour and shall be compensated at a minimum of
one hour at time and~one-ha~f (1-1/2) the employee's regular
rate of pay for the first hour and one-half (1/2) the
employee's reqular rate of pay for all remaining hours.
Section 2. In the event the Sergeant responds to a specified
location for duty, this section would not apply and Article
14 - Call-Back Pay - would address said situation.
Therefore, Stand-By Pay will only be granted if the Sergeant
is on stand-by status and not called to duty.
-21-
4/25/89
5/10/89
7/18/89
ARTICLE 17
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-
parents of spouse and any permanent family member of the
household such employee shall be entitled to paid compassionate
leave not to exceed three (3) consecutive calendar days for
any one (1) death. However, if it is necessary for the
employee to leave the State in connection with the intern-
ment of the deceased, five (5) days compassionate leave
shall be allowed. Additional leave may be authorized by the
Chief or his/her designee on a case-by-case basis, except
that such additional leave shall be debited against the
employee's accrued sick or annual leave.
Section 2. Employees must verify attendance at out-of-state
internment in writing in order to be eligible for benefits
under this Article. The City Manager may grant additional
leave under this section.
-23-
4/25/89
5/1/89
5/3/89
11/7/91
ARTICLE 18
SICK LEAVE
Section 1. Employees will earn ni~ety-slx (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 cask 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 PY 91-92,
and shall be subject to the collective bargaining process
for subsequent fiscal years.
Section 3. It shall 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
circumstances shall be defined as lengthy hospitalization,
4/25/89
7/14/89
11/7/91
-24-
ARTICLE 19
VACATION
Section 1. Vacation shall be accrued in accordance with the
Civil Service Rules in effect as of October 1, 1989.
Section 2. Seniority will prevail in the gra~ting of
vacations.
Section 3.
vacation requests may be submitted from forty-
ezght (48) hours to thirty (30) days in advance. In the
event of dual requests for vacation dates, the senior mem-
ber'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 within twenty-four (24)
hours advance notice, provided that the City incurs no over-
time in the granting of such request.
Section 4. Requests for emergency vacation leave shall be
individually considered by the Chief of Police.
Section 5. Accrual of vacation time will be subject to
Civil Service Rules.
Section 6. No member shall be denied vacation nor shall
vacation privileges be suspended or cancelled except as spe-
cifically
emergency,
Section 7.
existing vacation accruals 24 hours of personal
may be used in four hour increments.
set forth in this Agreement or in time of declared
as defined in this Agreement.
All sergeants shall receive in addition to the
time which
-26-
5/1/89
3/6/90
Members leaving ~h~ service of the City who par-
ticip~ted 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.
Members may elect to take the holiday off and at
their option deduct eight (8) hours vacation or take
the holiday off without pay.
-28-
4/25/89
5/3/89
MEDICAL EXPENSES
Section 1.
Option 1. Members will receive and shall be obliged to
take an annual electro-cardiogram and physical examinations
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 become
part of the employee's permanent record. Said medical
records shall be exempt from public inspection, as pro-
vided by Chapter 119, Florida Statutes. The City shall
bear the cost of the examination.
Option 2. A member may elect his/her own private physician
if approved by the City and the City is obligated to pay
only a portion of the fee not to exceed One Hundred
dollars ($100.00) upon proper receipt, or every 3rd year
not to exceed a maximum of Three Hundred ($300.00)
dollars. The member shall be responsible for scheduling
the appointment and forwarding the results to the City to
be included in the employee's personnel records. Said
medical records shall be exempt from public inspection,
as provided by Chapter 119, Florida Statutes.
-30-
4/25/89
5/3/89
11/7/91
ARTICLE 23
UNIFORMS
Section 1. The City will supply those parts of the uniform
that the City requires police sergeants to wear on duty.
The City will supply replacements for the parts of the uni-
form when replacement is appropriate, as determined by the
Chief of Police, and if adequate funds are available in the
City budget.
Section 2. Effective on the date of the approval of this
agreement, sergeants who are members of the bargaining unit
and assigned 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 prorated as appropriate when assigned
during each quarter to plain clothes duty. The City will
replace civilian clothes of sergeants purchased with the
annual allowance when such clothes are damaged in the line
of duty. The replacement will require the approval of the
Chief of Police. The sergeant claiming a replacement will
be required to include with his/her claim an explanation of
the circumstances of the damage and appropriate reports con-
· cerning the incident. This allowance shall commence from
the date of assignment on a pro rata basis.
-32-
5/1/89
5/3/89
5/10/89
ART iC~,~. 24
TI~INING
Section 1. Ail training required of the sergeant by the
Police Department when off duty shall be compensated at the
rate of time and one-half (1-1/2) the employee's reqular
rate of pay, not including seminars, conferences, schools
and special programs.
Section 2. The Police Chief will decide on the Department's
training program according to his judgment of the needs and
requirements and potential for each member of the
Department. Firearms, baton and shotgun qualification
training sessions will-be planned as the needs are judged by
the Chief once each year.
-34-
4/25/89
5/1/89
5/3/89
11/7/91
when the Personnel Departm~ ~t~s~that it is time for a
record to be p~rged or when an employee, in writing brings
the matter to the attention of the Personnel Director. An
employee may request, in writing, that specific items be
kept in his/her Personnel Pile.
Section 4.
memos shall automatically be removed from personnel
after a period of six months provided that there is
currence of the conduct giving rise to the original
Written records of verbal counselling/counselling
files
no reoc-
court-
selling. Written reprimands shall be removed from the
personnel record, as permitted by law, after a period of one
year provided there is no reoccurrence of the conduct giving
rise to the original reprimand. The Police Department
Employee Pile is not the official Personnel Pile. When
brouqht to the Police Department's attention, however, by
the written request of a Sergeant, the respective file will
be purged in accordance with the procedure set forth in this
agreement and by the policies of the Personnel Department.
Section 5. The City maintains a Citizen Complaint File
as required by Florida Law. The material in the Citizen
Complaint File is not in the officer's Personnel File.
-36-
7/17/89
3/6/90
ARTICLE 26
SOLICITATIONS
Section i. No member shall be forced to attend or par-
ticipate in solicitations for monies, membership or sales by
any ~outside group (charities, insurance companies, religious
organizations, etc.) while on duty or at roll call.
-38-
5/1/89
3/6/90
ARTICLE 28
USE OF CITY FACILITIES
Section 1. The FOP shall be entitled tothe use of City
facilities to conduct Union business at the same cost
assessed to other groups or other Police Department activi-
ties.
-40-
4/25/89
Section 5. On~ Sergeant per shift per day will serve in the
capacity of Administrative Sergeant and shall be entitled to
receive 15 minutes of overtime pay for performance of tasks
generic to their position such as organization, shift pre-
paration and review of subordinates work.
11/7/91
-42-
ARTICLE 31
SENIORITY
Section 1. Seniority shall be computed from the date of
promotion to sergeant. If two (2) sergeants have the same
date of promotion, the date of initial appointment to the
service of the City-as a police officer shall be the deter-
mining factor.
Section 2. Seniority shall accumulate during all authorized
leaves.
Section
Seniority shall be the determining factor for the
selection of vacations and overtime assignments.
Section 4. The City shall have the right to determine the
number of sergeants assigned to each division and each
shift.
Section 5. For lay-offs and other non-disciplinary reduc-
tions in personnel the forgoing procedure shall apply that
Senior Classes will displace Junior Classes. An example
would be: if a Police Sergeant's position is to be abo-
lished, the incumbent with the least senority in the posi-
tion of Sergeant would displace a Police Detective, who
would displace a Police Officer, who would displace any
probationary or provisional or temporary, or be separated
as the case may require.
-44-
5/1/89
5/3/89
5/10/89
7/14/89
ARTICLE 33
GROUP INSURANCE
Section 1. The City shall provide a Fifty Thousand Dollars
($50.000.00) life insurance policy to all bargaining unit
members at no expense to the employee. The policy shall
bear a double
line of duty.
fits required
indemnity provision fordeath occurring in the
This shall be in addition to any Other bene-
by State or Federal law.
Section 2. The City shall provide one hundred percent
of the cost of individual coverage in a group health
· nsurance policy.
(100%
Section 3. The health and dental insurance coverage
currently in effect shall not be reduced through FY 91-92.
-46-
5/1/89
7/14/89
11/7/91
ARTICLE 35
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1. It is agreed and understood that the Police
Department currently has policies, rules and regulations
governing employment. The formulation, amendment, revision
and implementation of any rule shall not be arbitrary or
capricious. In the event of a conflict between the rules
and specific provisions of this Agreement, the Agreement
shall control.
Section 2. In the event the City wishes to amend, revise or
implement any new rule, it shall give ten (10) days notice
to the Union.
-48-
5/1/89
6/12/89
ARTICLE 37
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1. A grievance is defined as a dispute between the
City and the Union, or the City and one or more employees,
who are members of the Bargaining Unit, concerning the
interpretation or application of, or compliance with speci-
fic terms of this Agreement.
Section 2. Grievances shall be settled in
the following procedure:
Step 1.
Step 2.
accordance with
An employee shall attempt to resolve any
grievance with the immediate supervisor within
ten (10) working days of its first occurrence or
within ten (10) working days from the time the
employee became aware of the cause of the
complaint. A Union steward may be present if
so requested. Discussion shall be informal
for the purposes of settling the dispute. The
decision of the immediate supervisor shall be
given orally to the employee no later than ten
(10) working days after the discussion.
If the grievance has not been resolved to the
satisfaction of the employee at Step 1, the
-50-
5/1/89
5/3/89
5/10/89
7/12/89
7/17/89
step 4.
If the grievance is not resolved to the satis-
~action~ of the employee at Step 3, %he Police
Chief's decision may be appealed to the City
Manager not later than ten (10) working days
after receipt of the Step 3 decision. The
City Manager shall~meet with the affected
employees and the Union steward within ten
(i0) working days following receipt of the
grievance and shall reply in writing within
ten (10) working days following the.close of
the meeting.
Section 3. For the purposes of this Article, a working day
shall be 8:00 A.M. to 5:00 P.M., Monday through Friday,
exclusive of holidays observed by the City.
Section 4. Time limits set forth above may be lengthened or
shortened by mutual agreement in writing, In the event that
the Union or any employee shall fail to abide by the time
limits provided herein, the grievance shall be deemed aban-
doned.
Section 5. In accordance with State law, the Union shall
not be obligated to process the grievance of a non-member.
Section 6. The Union shall have the right to file grievan-
ces in its own name in the third step of the grievance pro-
-52-
5/3/89
Section 11. The costs for services of the arbitrator shall
be borne equalIy by the parties. Any employee who is a
grzevant 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 a~reed to in writing
by the parties.
-54-
5/3/89
5/10/89
Section 1.
the full
ARTICLE 39
ENTIRE AGREEMENT
The parties agree that this Agreement constitutes
and complete understanding of the parties.
-56-
6/12/89
ARTICLE 41
PROMOTIONS
Section 1. Ail testing for promotional positions shall be
in accordance with theCity of Boynton Beach Civil Service
Rules and Regulations.
Section 2. Should the Department determine to utilize an
oral board as a component of the testing procedure, said
board shall consist of at least three (3) persons, who are law
enforcement officers of equal or greater rank from jurisdic-
tions other than the City of Boynton Beach.
Section 3. Ail decisions and scoring by the board shall be
made at the conclusion of the interviews and must be arrived
at a meeting of the Oral Board.
Section 4. If possible, a Union representative who is not
eligible for promotion shall be present as an observer at
all times while the board is seated and charge the time to
the Union time pool if on duty.
Section 5.
known by
motional
the test
whenever possible no numerical score shall be
any person until the completion of the entire pro-
testing process. Where passage of a component of
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
advance in the promotional process whenever possible.
5/10/89
6/12/89
7/12/89
7/14/89
3/6/90
-58-
ARTICLE 42
TEMPORARY ASSIGNMENT
Section 1. Sergeants acting in the capacity of Watch
Commander for at least one (1) full shift shall be paid
five percent (5%) above the Sergeant's regular rate of pay,
unless a superior officer is present.
Section 2. The provisions of,this Article shall not apply
to persons performing other than regular road patrol duties,
including details.
-60-
7/17/89
11/7/91
ARTICLE 44
CHEMICAL TESTING
Section 1.
of professional standards and
requires that there be a work
abuse (including alcohol).
The FOP and the City agree that the maintenance
the public confidence
place free from substance
section 2. Should any commander have a reasonable suspicion
based upon 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 a 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.
substances the test shall
GCMS test. No test shall
firmed by a GCMS test.
Section 4. Ail 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
be confirmed through the use of a
be considered final until con-
-62-
3/6/90
11/7/91
Section 8. Ail chemical tests shall be performed in accor-
dance with accepted scientific standards for the collection
of chemical test samples and the requirements of chain of
custody shall be observed. Employees required to submit to
a chemical test shall, upon request, have the right to be
accompanied by a union representative at all stages of the
testingprocedure.
-64-
3/6/90
1994 by and between the respective ~a t~ies through the
authorized representatives of the Union and the City.
POLICE SERGEANTS
~~ o.~ o. ~o~.~c.
e~resentative
Witness
Approve~f~s~o ~orm
and
CITY OF BOYNTON BEACH, FLORIDA
By ~a~/dr~ 3~
ATTEST:
Cit~ Clerk
/ty Manager -~
-66-
1991/1992