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R91-186RESOLUTION NO. R91-J~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A TWO (2) YEAR UNION CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA), COMI~ENCI~G OCTOBER 1, 1991, AND AUTHORIZING AND DIRECTING THE MAYOR AND ~CITY CLERK TO ~XECUTE SAID CONTRACT, ATTACHED HERETO AS EXHIBIT WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve a two (2) year union contract between the City of Boynton Beach and Palm Beach County Police Benevolent Association, (pBA) commencing October 1, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CIT~ OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynt~n Beach hereby approves the two (2) year Contract between the City of Boynton Beach and Palm Beach County Police Benevolent Association, commencing October 1, 1991 and authorizing and directing the Mayor and City Clerk to execute said c6ntract, a copy of whic~ is attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~{-- day of November, 1991. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ~-/C6~missioner (C~rporat~e%Seal) PBA.CON 11/05/91 1991/93 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA PAI~M BEACH COUNTY POLICE BENEVOLENT ASSOCIATION TABLE ~F CONTENTS Article Page Preamble ...................................... Recognition ................................... Non-Discrimination ............................ Dues Deduction ................................ Union Business . .,. Testing.~ - , Management Rights ............................ A~isory Committee. Hours of Workl ............................... lsurance .......................... Law Enf Officers Under Investi 'ation. and Discharge ....................... ices ........... Polices, Rules & Regulations ........ ~ Beave .............................. ~ement & Waiver Clause ........... :e of Contract ...................... Page ............................... [ix 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 11 11 13 12 14 13 17 14 21 15 27 16 30 17 32 18 33 19 37 20 39 21 40 22 41 23 44 24 46 25 47 26 48 27 51 28 52 29 53 30 54 31 55 32 56 33 57 34 58 35 59 36 60 -- 61 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida. hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter referred to as the "Union", for the purpose of promoting harmonious relations between the City and the Union, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic, complete and full agreement between the parties concerning salaries and all other conditions of employment, 10/6/81 10/88 -1- ARTICLE 2 RECOGNITION The City hereby recognizes the Union as exclusive bargaining agent for the purpose of presenting proposals relative to salaries and other conditions of employment for the bargaining ~nit'con~is~ing O~f allfui1 time Sworn police officers wfthin ~he:fotlOwing ~ob classif~cati0n~~ Police Officer and Police Detective. The te~m member'will mean any member of-the bargaining unit. 10/6/81 9/5/89 -2- ARTICLE NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the Union, and there shall be no discrimi- nation, interference, restraint or coercion by the City, or any City, ~epresentative, against any officer because of mem- bership or because~of any activity in any official capacity on behalf of the Union. -3- 10/20/81 ARTICLE 4 DUES DEDUCTION Upon receipt of a form provided by the Union and approved by the City which has been voluntarily executedby a City em~l~ye9 who ~s a ~member~: 9f ~e ~grgai~g~ni~ ~ <~he~ Ci~ will deduct from the.pay due the:~em~!oyee~.those dues and~ uniform assessments required to retain~Union membership as~ certified by the Union. The total amount of deductions shall be remitted each month by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct, by the employee. -4- 10/20/81 ARTICLE UNION BUSINESS Section 1. Union representatives will be granted up to fifteen (15) days (120 hours) total per year, or equivalent hours, to attend functions of the Union and shall be pro- vided such leave with pay, without having such leave charged against their normal leave. Section 2, The City will permit accredited representatives of the Union to have reasonable access, with the approval of the Police Chief, to the Police Department training room during the hours of 8:00 A.M. to 10:00 P.M. to conduct Union business. All normal fees for the use of this room or any other City building will be paid by the Union. Section 3. Within the limits of appropriate statutes the City will provide the Union, on a semi-annual basis, a complete roster of the bargaining unit members, including name, rank, date of birth, address, telephone number, Social Security number, present assignment and current pay scale, after receiving authorization from the individual member. 1981 11/1/83 9/5/89 -5- ARTICLE 6 BULBETIN The City will provide bulletin board space; one in the Line Up Room and one in the Detective Division for the exclusive use of the Union, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board sha~l bear, on its face, theleg±bletdesignation of the person responsible for placing of this, notice or item on the bulletin board. 10/6/81 11/1/83 9/5/89 -6- ARTICLE 7 TESTING Section 1. Testing or promotional examinations and testing procedures will be in accordance with the Civil Service Rules and Regulations of the City of Boynton Beach, Florida. Section 2. Officers passed over for promotion through the use of the "Rule of 3" provided for in the Civil Service Rules and Regulations shall be given a written explanation as to why they were passed over. Said explanation shall not be grievable unless the reason is arbitrary and capricious. -7- 10/6/81 9/5/89 ARTICLE 8 VACANCIES Budgeted promotional vacancies occurring in any position within the certified bargaining.unit will be filled in accordance with the Civil Service Rules and Regulations. 13~) days of thee~tablis~hment of the appropriate eligibility list provided 'fUnds are available to fill said post, Jonas deter- mined by theCity Manager's Office. -8- 9/5/89 10/28/91 ARTICLE 9 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive r~ght to: A. 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 t/mes 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. H. Introduce new services, procedures, materials, facilities and equipment. Mandate physical, medical, and drug testing in accordance with law. The City agrees to use State Certified Laboratories for all drug testing. J. Determine and change the equipment and materials provided to or not provided to employees. -9- 9/5/89 Add to or change the ~qualifications necessary for any job classification. Create, alter or disband special units based upon the needs Of the dep~r~men~ as determined by the Police Chief. If the City fails to exercise any one o~r~q~,~q~.~he a~o~ functions fromtime to time it shall not~b~,de~e~e'd a waiuer of the~City's '_ '' "~ n ~ ' ~.i ~, i~ ~ rzght to exerczse a y or alt Df such functions. Any right or pri¥ilege of the City notspac, if~qa!!y relinquished by the City in.this Agreemg~t sba~ ~emain with the City. Section 2. In the event of any change over which.~he 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. 9/5/89 10/28/91 -10- ARTICLE 10 ADVISORY COMMITTEE Section 1. By mutual agreement between the City and the Union, there is hereby established a Joint advisory commit- tee, which shall consist of three (3) members who shall be designated in writing by the Union and three (3) members designated in writing by the Chief of Police. The Union membership shall consist of persons from Within the position classification covered by this Agreement, and members designated by the Chief of Police shall consist of persons within the Department, but outside the bargaining unit. Section 2. This advisory committee may meet on a monthly basis, by mutual consent, and meetings may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually agreeable time approved by the majority of the committee members. If a meeting is held during working hours of an employee participant, said par- ticipant may be excused without loss of pay for that pur- pose. Attendance for a meeting outside of regular working hours shall not be deemed as time worked and participants will not receive additional pay or leave benefits. -11- 11/1/83 Section 3. The purpose of these meetings will be to discuss problems and objectives of ~utual concern, but in no way shall the discussion involve g~ievances or matters which have been the subject of collective bargaining between the parties. Sec%ion ~ An agenda, listing items for discussion will be forward~d~by the member of the committee requesting the meeting to the other members no later than three (3) days prior to the date of the meeting. In addition, the Chief of Police may submit items to 'the committee for discussion. Members 0f'~he b~rgaining unit will sub~ items for discussion through a membeu of the committee. Section 5. Attendance by other than members of the Union and City Administrative Officers will be by agreement of a majority of the members of the Committee and shall firs= receive the approval of the Chief of Police. -12- 11/1/83 ARTICLE 11 HOURS OF WORK Section 1. A work day per day or ten (10) hours per day. as either five - 8 hour work days, days. is defined as either eight (8) hours A work week is defined or four - 10 hour'work Section 2. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) con- tinuous hours except during a declared emergency or during an ongoing immediate investigation. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. 11/1/83 -13- ARTICLE 12 WAGES Section 1. Wages for fiscal year 1991/92 will be paid in accordance with the 1990-91 Compensation Plan attached to and included in this contract. Section 2. Members of the Police Department shall b~ eva- luated 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. Section 3. Special Assignments A. Traffic Division: Members assigned to the Traffic Division who elect to ride a motorcycle shall be compensated an additional 5% for hazardous dity. Be Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assignment. 11/1/83 10/16/84 2/4/85 9/4/85 10/27/86 10/14/87 10/88 9/5/89 10/28/91 -14- Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 2% during said assignment. SRT (Special Response team) Those members who have successfully completed testing and are selected as a member of the Police Department SRT Team, shall be compensated an additional 10% for hazardous duty when said Team is actually called to duty. K-9 Unit: Those members assigned to the K-9 Unit shall receive four (4) hours additional pay per week at time and one-half while assigned. Officers assigned as Field Training Officers and who have completed successfully the required 40-hour training shall receive an additional 5% while ass!gned to this duty with a maximum of six (6) week assignment for any Field Training unless at the end of the fifth week the Training Officer's 11/1/83 10/16/84 2/4/85 10/28/86 10/88 9/5/89 10/28/91 -15- supervisor provides a report throu§h the Chief to the Personnel Director that an extension beyond slx (6) weeks of training is required and that the extension~is not a result 0f the Training Officer's lack of effort or ability to complete the field training effort, with such report the six weeks of ah~additional 5% will be extended in two (2) week increments. Detectives shall be compensated an additional 2% incentive pay until September 30, 1992, or until the City Pay Plan reflects a 5% pay differential between Police Officers and Detectives, whichever shall come first. -16- 11/1/83 10/16/84 2/4/85 10/28/86 10/88 9/5/89 10/28/91 ARTICLE 15 SENIORITY Section 1. The City agrees that seniority shall consist of continuous accumulated paid service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment, Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City following matters: a. agrees that seniority shall govern the platoon who are on-duty prior to experiencing the vacancy will be tion first, by seniority. Vacations for each calendar year shall be drawn by Unit employees on the basis of seniority and rank. Temporary vacancies which shall be defined as the case when a position needs, in the judgement of the superior officer on duty, to be filled by an off duty officer. Such vacancies arising during a par- ticular tour or shift shall be filled according to the following procedure: Step 1. The permanently assigned members of the the shift offered the posi- -17- 11/1/83 9/4/85 9/5/85 10/88 9/5/89 10/28/91 Step 2. If the vacancy remains, the permanently assigned members of'the platoon experiencing the vacancy not regularly Scheduled to work onthe day the shift or tour experiences the vacancy will be offered the position, by seniority. Step 3. If the vacancy remains, assigned members of the platoon who are scheduled to work the Shift or tour following the shift or tour experiencing the vacancy, will be offered the posi- tion, by seniority. Step 4. If the vacancy remains, the permanently assigned members of the off-duty shift or tour (3rd shift) will be offered the position by seniority. Step 5. Ail others not covered in Step 1, 2, 3, and 4 will be offered the position, by seniority. Step 6. In the event that the vacancy remains after completing Steps 1 through 5, all sergeants will be offered the position prior to step six being utilized. Step 7. In the event the vacancy remains and it becomes necessary to order individuals to work to fill individual shift or tour vacancies, the selec- tion shall be by seniority in reverse order, but at Step 4. 11/20/90 All officers will be called in order of seniority using contract step~ and offered overtime. An officer must accept the full 8 hour shift but may elect to work any portion thereof. It will be incumbent on said officer to fill any portion of the shift not worked. If the officer does not work the first portion of the shift he must fill the unused portion in a timely fashion. The Bargaining Unit members accept the fact that because of the very nature of Police work emergen- cies (i.e., natural disasters, occur. This section shall not emergency situations. riots, etc.) may apply in those For the purpose of this section, those officers assigned to traffic units shall be considered to be members of the platoon during which they work the most hours. If their scheduled hours are evenly divided between two platoons, then they shall be considered members of the platoon during which they begin work. Their traffic designation shall not preclude them from being offered non-specialty overtime per this section. Any officer assigned as a plain clothes investigator will be considered the same status as a detective in this section. 11/20/90 c. Layoffs will follow the procedures in the Civil Service Rules and R~gulations. d. In the event of a vacancy on a platoon, Seniority will prevail in the"6ffe~ing of the position, at shift pick, which shall occur every six (6) months. Officers will be allowed, to pick a shift and days off by seniority - t~ce'~er year. e. In the event of a vacancy in any division or unit, seniority Will prevail, after ConsideratiOn of job related qualifications. J~b related qualifications will be determined b~ the Chief of Police and will include, but not be limited to, specialized training, job performance, attendance, evaluations, and the results of an oral review board. All such vacancies will be posted as soon as possible and job related qualifications will be listed when posted. f. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered through a rotating list of Police Officers based upon depart- ment seniority. This section does not apply to special details. -20- 11/20/90 10/28/91 ARTfC~E 14 WORK WEEK - OVERTIME COMPENSATION Section 1. Overtime It is hereby agreed that no employee should be required to remain on duty for a work period of more than five (5) eight (8) hour shifts or four (4) ten (10) hour shifts unless extra.houns of duty are deemed necessary by the Chief of Police or his designated representative in which case com- pensation should be at the rate of one and one-half (1.5) times the regular hourly salary. Overtime will be computed on the basis of hours worked over ten (10) hours for a ten (t0) hour shift or over eight (8) hours for an eight (8) hour shift. AIl compensation under this Article shall be in monies at a time and one-half rate of regular pay. Whether the shift to which an employee is assigned is a (10) hour shift or an eight (8) hour shift is up to the discretion of the Chief of Police. ten Employees who are in a duty status seven (7) or fewer minutes either piror to or after their shift will not be eligible for overtime pay. Employees who are in a duty status eight (8) or more minutes either prior to or after their shift mush be so only with their Supervisor's approval be eligible for overtime pay. Overtime pay will and one-half (1 1/2) times regular pay. -21- in order to be at time 11/1/83 9/4/85 9/5/85 Compensatory Time For the contract year-1991-1993, members of the Bargaining Unit shall have the option~of~cumutati~g a maximum of forty (40)~hours of c°mpensat~-ry~time at time and one half. In theevent said members are reassigned outside either of stated position, or are promoted outside-the,barg~ining,unit~ tS~ bat~anc~f all compensatory time will-be paid.~ CompensatOry time earned and accumulated shalt~be paid off-totaliy~in September of ~he fiscal year if not utilized by the end of the month of AugUst. Compensatory time accumulated will be taken within the scheduling needs of the Department. Section 2. Special Detail Assignment Ail Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station. The officer assigned to special detail shall notify the one duty Watch Commander by radio or in person of on duty and off duty status. Section Call back work when Call Back is defined as any time an officer is called into he/she is off duty, or when the work time is not 11/1/8~ 9/4/85 10/28/86 10/14/87 10/28/91 -22- contiguous With his/her assigned shift. In the event of call back the employee shall be compensated for the actual time worked, but not less than three [3) hours at the rate of pay one and one-half (1~) times his basic hourly rate reflected in the pay schedule in Appendix A. When an officer is called for call back he/she will be guaranteed a minimum of three (3) hours atitime and one-half, his/her supervisor's discretion the officer may to work the entire three hours or longer. When is called for call back his/her supervisor will to whether or plain clothes. and at be required an officer indicate as not he/she should arrive in uniform or in Section 4. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour at straight 11/1/83 9/4/85 10/28/86 10/14/87 10/88 -23- time ~hall be paid for all standby assignments. When an employee is ~equired to stand by,for eight (8,) hours, the employee shall receive four (4) hours~plus one (1) additional,hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and~not, recei~e~stan~dby time pay. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. Section 5. On-Call Any bargaining unit member who is on an "on-call" (on-pager) basis other than court time as outlined in Article 14 Section 4 shall receive compensation of one hour of pay at time and one half for each day (24 hour period) on call. No member will be placed "on-call" without the approval of a division commander, Bureau commander, or designated repre- sentative. Section 6. Overtime Pay Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. 11/1/83 9/4/85 10/28/86 10/14/87 10/88 -24- Section 7. ~chedule The City will establish the-hours of work best suited to meet the needs of the Department to provide superior service to the community, but agrees that work schedules will not be changed or altered intentionally to avoid the payment of overtime. Section 8. Shift Changes - Employees The City recognizes that unusual circumstances may require that a member request a change of his/her scheduled shift without obligating the City to pay overtime and therefore a member may work for or change shifts (not limited to one shift) with another member performing similar duties. No reasonable requests, when work assignments are not affected, will be denied. Section 9. Shift Changes - Employer An officer will be given adequate advance notice as determined by the Chief of any change in his/her regular hours of work except when an emergency exists. Notice given less than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take affect, entitles the officer to receive compensation at the rate of one and one-half (1.5) times his/her regular salary for the first day of his/her tour of duty. 11/1/83 9/4/85 10/28/86 10/14/87 10/88 -25- Section 10.' The City agrees that any member required to be out of Palm Beach County to at~end 'court, seminars, or for any other reason as a resui~of his/her duties as a police officer, will be paid 'his/heY ~egular rate of pay for each day or partial day required for said p~rposes. -26- ARTICLE UNIFORMS Section 1. The City will provide up to three (3) full uni- forms per year and shoes every six (6) months on an as-need basis. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief, and if adequate funds are available in the City Budget. Section 2. The Detectives who are members of the bargaining unit and assigned to plain clothes duty will receive a total of $1,000.00 a fiscal year, paid in $250 installments at the end of each quarter and pro-rated as appropriate. The City will replace civilian clothes of De=ectives purchased with the annual allowance when such clothes are damaged in the line of duty in accordance with a price established for the article as recommended by the Advisory Committee and approved by the Purchasing Agent. The City will replace civilian clothes of Uniformed Officers assigned to plain clothes duty when the clothes are damaged in the line of duty in accordance with a price established for the article as recommended-by the Advisory Committee and approved by the Purchasing Agent. -27- 9/26/82 11/1/83 10/16/84 9/4/85 10/27/86 10/88 9/89 10/28/91 The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required toinclude, with his/her claim, anexplanation.of the-circumstancesof the~damage and appropriate reports concerning the incidentwhere damage to his uniform took place~ This allowance shall commence-frOm the~date~of assig~nment .oa-aP~o~a~ed~ha'sis. / Unif0rmed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro-rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establish- ment in Boynton Beach selected by the City. Sworn Detectives will be given a cash cleaning supplement equivalent to that given the uniform officer. This will be paid at the end 'of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. -28- 9/26/82 11/1/83 10/16/B4 2/4/85 9/4/85 10/88 9/89 Uniformed O~ficers assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given the uniform officer and pro-rated thereafter. These payments for uniform officer assigned to plain clothes duty will substitute for the normal cleaning allowance for uniform officers. -29- 9/26/82 11/1/83 10/16/84 2/4/85 9/4/85 10/88 ARTICLE 16 MEDI~, F,~PEN-C:ES '- Section 1. Members will receive and shall be obliged to take annual electrocardiogram and physical examination per- formed by an agency or doctor to be approved by the City. If City selected doctor is used scheduling will be at the discretion of the Department, and the results will become part of the employee's permanent record. The City will pay the cost of this examination. Section 2. A member may elect his/her own private physician if approved by the City and the City is only obligated to pay a portion of the fee, not to exceed $100, upon proper receipt. The member shall be responsible for scheduling the appointment and forwarding the results to the City to be included in the employee's personnel records. Section 3. When recommended by a physician the City will pay for a Stress Test no more than once every three (3) years with no more than a third of the bargaining unit being compensated for such a test in any one year. Should the member choose his own physician, the City shall pay that amount they would have paid had the member gone to the City's doctor. 9/6/82 10/16/84 9/4/85 10/88 -30- Section 4. -The City shall provide an immunization schedule during the life of this Agreement for any member who wants to be immunized for Hepatitis-Type B. It is incumbent upon the bargaining unit member to notify the Chief of Police should they desire said immunization. Said immunization shall be administered by the City Fire Department Emergency Medical Service personnel. -31- ARTICLE 17 GROUP INSURANCE Sectionl. Medical Insurance, The cost of health and medical insurance premiums for the primary coverage shall be borne b~ the~.City for the employee only. Coverage currently in effect should not be reduced. All policies shall be reviewed annually. Section 2. Life Insurance Members of the bargaining unit shall be covered by $25,000 of group life insurance with the premium paid by the City. Section 3. Dental Insurance A group dental insurance program will be provided by the City and the City will pay the premium for employees and $7.00 per month of the premium for family coverage. -32- 9/6/82 10/16/84 2/4/85 10/85 9/89 ART~E 1~ Section 1. a. LEAVES Annual Leave - Vacation Personnel in the bargaining unit will be covered by City of Boynton Beach Civil Service Rules and Regulations.for all issues-relative to.annual leave. New employees hired after January 1, 1992 shall be subject to the revised annual leave schedule. Vacation requests may be submitted from 14 45 days in advance for vacation. In the event of dual requests for vacation dates, the senior member request shall prevail if it was submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less may be made with twenty-four (24) hours advance notice or less. Al! other requests submitted under 30 days shall be on a first come first serve basis regardless of seniority. Request for emergency vacation leave will considered individually by the Chief. -33- 11/1/83 9/4/85 9/5/85 10/88 9/5/89 10/28/91 Section 2. Sick Leave a. Employees will ear~ ninety-six (96) hours of sick leave per year at thelrat~e of eight (8) hours per month. The use ofsick leave:will be in-accord with the Civil Service Eules andRe~9~la%ions. New emptoyees~h~i~ed~'a~t~Ja~uar~t,~9~ska~l be sub- Jec~ to the:re~se~i~k[~eaye s~he~.~ b. Employees.whO ha~e mo~e than One hun~red~. t~enty (120), hours of si~k leave as ~f September 1, of the current contract year, lmay~ coaverh 5~% of the excess over one hundred ~wenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in this fiscal year. Those hours over one hundred twenty (120) hours not converted in the 1989-90 fiscal year may be converted in the next fiscal year. This provision shall not be applicable for FY 91-92, and shall be subject to the collective bargaining process for subsequent fiscal years. c. Sharing Sick Leave 1. It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee when- ever extraordinary circumstances require the -34- 11/1/83 9/4/85 9/5/85 9/5/89 10/28/91 dm designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and vacation leave to the number of vacation hours that said employee would accrue in one year. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accord with Section c.2 the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirm that the hours accompanied by through the Finance Department are available and submit the list, appropriate Personnel Action Form, to the Personnel Office for proper charge to sick leave records. Time used will be used in order listed on appropriate form supplied by the Union Stewart. Sick leave for medical appointment can be scheduled more than 48 hours ahead and not be changed except in the event of an emergency. No member shall be placed on restricted sick leave under Civil Service Rule XI, Section 4, Paragraph E unless that member has had a counseling session, 11/20/90 t0/28/91 with at least a Watch Lieutenant (Lieutenant rank only). During that c0unsellng session, the being con- sidered for restricted si~k leave. At that time, the member wilI be g~ven an opportunity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact, A unit member placed on restricted sick leave shall be re-evaluated in six months. If not re-evaluated within ten working days after the six month period the unit member will be removed from restricted sick leave. At the employee's option, the employee may convert excess sick leave time as defined in accordance with this section to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. 3. Personal Time A total of twenty (20) hours for personal time per year will be allowed in increments of one-half shift at a time or a full shift, not back-to-back. Personal time will not be accumulated from year to year and in no way should be a basis of termination pay. No request for personal leave will be denied without a reasonable justification. Section -36- 11/1/83 9/4/85 10/88 9/5/89 10/28/91 b. Employees may request a one-half shift increment of personal time, which will be given at roll-call only, by seniority. Section 4. Bereavement Days Compassionate Leave: In the event of the death of the mother, father, foster parents, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister-in-law or brother- in-law of a permanent or probationary employee, grand- parents of spouse and any permanent family member of the household, such employee shall be entitled to paid com- passionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State in connec- tion with the internment of the deceased, five (5) con- secu~ive calendar days shall be allowed. Employees must verify attendance in writing in order to be eligible for this article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. 10/28/91 -36A- ARTICLE 19 HOLIDAYS Section 1. Holidays will be in accordance with the Civil Service Rules and Regulations as of July, 1985. Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining unit whether or not the holi- day is worked. Section 3. Holiday Conversion a. Under this Section a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8 employees) be Members who sign up for this section must do so between October 1st and October 31st of each contract year with the secretary of the Department. Ce Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. -37- 11/1/83 10/16/84 2/4/85 10/27/86 do Members exercising this option may use a vacation day (8 hours) instead of working the holiday. The vacation hours will be paid at straight time. e. Members not assigned to work on the holiday will receive their normal weekly pay. Members leaving the service who participated will owe the City for those holidays they were not on the payroll either through loss of vacation credits or deduction from funds due from the City. -38- 11/1/83 10/16/84 10/88 ARTICLE 20 FUNERA~ EXPENSES Section 1. The City will make a payment of up to $5,000 to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. Ail Employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. -39- 9/6/82 10/28/91 ARTICLE EQUIPMENT MAINTENANCE & SAFETY The City, as a management responsibility, will maintain vehicles and equipment in a safe condition and in accordance with law or ordinances. The Union Members accept the responsibility for checking vehicles prior to use and for completing City provided forms for any defects which is discovered or any operating matter that needs attention. Concerns about unsafe condition will be brought to the attention of the immediate Supervisor who will make a judge- ment concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the imme- diate Supervisor he/she may ask that the next level of super- vision review his/her concern, and that Supervisor will be the final judge on the safety of the equipment and the appropriate action to take at that time. Subsequent revzew of the actions at this time, either the actions of the Bargaining Unit Member or the Supervisors will be made by the Chief and the City Manager at the next normal work day. 11/1/83 10/88 -40- A~TICLE 22 TRAINING Section 1. Ail training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incur=ed are paid for by the City as provided for by resolution. Section 2. Weapons Training The Chief of the Department will decide on the Department's training program according to his judgement of the needs and requirements and potential of each member of the department. Firearms, baton and shotgun qualification training sessions will be planned as needs are judged by the Police Chief once each three or four months and each officer will be allowed three (3) opportunities to qualify for each activity during each of these training sessions. If the .officer does not qualify during these sessions, or at least once a year, he/she will be required to obtain qualification Qn his/her own time to remain as an eligible officer in the Police Department with no expense to the City. -41- 9/6/82 10/28/91 Section 3. College Tuition~Reimbursement A. The City will provide for those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade score for that class. The member is to pay for the tuition and books and be reimbursed upon proper receipt at the below sche- dule upon completion of the semester. "A" equals 100% of tuition and books "B" equals 75% of tuition and books "C" equals 50% of tuition and books College and/or University program must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associate, Bachelor or Master degree with a curriculum directly related to the Police profession. A committee to review the validity of courses and degree program for this tuition reimbursement provision will consist of the Personnel Director, the Police Chief, and two persons specified by the Union. The committee will make a recommendation to the City Manager who will have final approval for the courses, degree program, and payment. 9/6/82 10/16/84 9/4/85 10/28/91 -42- The City shall pay tuition and books reimbursement even if a course is not part' of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. Section 4. The City shall~provde~re~u~sement~fo~ ~uthorized expenses associated with training ~nd~speciBl~s~hoals~attended by the officer through approval of the Department~ 9/5/89 10/28/91 -43- ARTICLE 23 PERSONNEL RECORDS Effective 9/30/89 Section 1. Within the limits of and in accordance with the provisions of the Public Records Law, all personnel records shall be kept confidential and not released to any person except authorized City officials or in response to a sub- poena, unless the City receives a written authorization from the member in regard to the personnel records. Section 2. Consistent witk State law, the City agrees that 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 per- sonnel record with written authorization. Members shall have the right to inspect any arid all records used to eva- luate, promote or in any other manner, classify or direct an employee. Section 3. A personnel file for all City employees is main- tained by the City Personnel Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take 9/5/89 -44- place when ~he 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 employeemay request, in, writing, that specific items be kept in his/her Personnel~File. The PollceDepartment Employee File is not the offiCial Depar~tment ' s attention, by the Writte~ member, the respective file will be purged in accordance with the procedure set forth~ for"the purging of Personnel Files in the Personnel Departmentl Section 4. The City maintains a Citizen's Complaint File as required by Florida State Statute. The material in the Citizen's Complaint File is not in the officer's Personnel File. This file will be maintained in accordance with Florida State Statutes. Section 5. Internal Affairs' Files will be kept by the Police Department while an Internal Affairs investigation is ongoing and will not become a part of any Personnel File until the interim investigation is complete and a civil suit or other litigation is not pending or expected. The material in the Internal Affairs' files will be put in the employee's personnel file and purged and destroyed in accor- dance with Florida State Statutes. -45- 9/5/89 ARTICLE 24 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgements for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. 10/20/81 10/88 -46- ARTICLE AWARDS AND COMMENDATIONS The City, through the leadership of the Chief of Police, will provide a formal system for awards of various degrees of service ,- from savinG lives to awards for courtesy. Theseawards will be~in the ferm of-medals, campaign ~ibhons, letters of commendation or cash bonus. -47- 10/6/81 9/4/85 ARTICLE 26 GRIEVANCE PROCEDURE In a mutual effort to provide harmonious relations between the parties to this A~reement, it is agreed to and understood by both parties that there shall be a procedure in this Departmentfor the resolution of grievances, an alleged violation of a provision of this agreement, as follows: Step 1. The aggrieved employee with or without the Union representative ,may discuss the grievance with the supervising Lieutenant within five (5) working days of the incident (working days for the purpose of this Article will be defined as Monday through Friday excluding paid holidays) of the occurrence of the matter giving rise to the grievance. The supervising Lieutenant shall attempt to adjust the matter and respond to the parties presenting the grievance within three (3) working days. the immediate supervisor's Division shall respond, in days to the Union. Step 2. If the grievance has not been satisfactorily resolved in Step 1, the Union representative and the aggrieved employee may appeal the grievance to the Head of the Division concerned within five (5) working days after response is due. The Head of the writing, within five (5) working -48- 10/6/81 11/1/83 10/28/91 Step 3. If-the grievance has not been satisfactorily resolved in Step 2, hereof,.the Union representative may present a written appeal to the Chief of Police, or in his/her absence his/her designated replacement provided it is not-a duplicate of Step 2, within seven (7) working days after the Division Head's response is due. The Chief of Police shall respond within seve~ (7) WOrking days~ ~n~iting, tO the Union. Step 4. If the grievance has not been satisfactorily resolved in Step 3, the Union representative may present a written appeal to the City Manager, or his/her authorized representative, within seven (7) working days after the Chief's response is due. The City Manager shall respond, in writing, within ten [10) working days to the Union. Step 5. If the decision of the City Manager or his/her authorized representative has not satisfactorily resolved the grievance, the Union may request arbitration, in writing, to the Office of the City Manager no later than five (5) working days after the the City Manager. Within five written request of either party rendering of the decision by (5) working days from the to the other for arbitra- tion, the parties shall try to mutually select an impartial arbitrator. If the parties are unable or fail to agree upon an arbitrator during this time period, either party may, with written notice to the other, request the Federal Mediation and Conciliation Service to submit a list of names of five 10/6/81 10/88 -49 - (5) arbitrators. Both parties will alternately strike one name until an arbitrator is-agreed to. Step 6. The arbitrator's decision in this matter, if made in accordance with this contract, shall be final and binding on the parties. The fees and expenses of the arbitrator shall be paid one-half by the City~ and one-half by the Union. All other expenses in connection with the presentation of the matter to the arbitrato~ shall be borne by the party incurring them. The arbitrator shall have no power to add to, subtract from, disregard, or~ modify the terms of this Agreement, nor shall his/her decision have the effect of altering the Agreement. The arbitrator shall have access to all written documents and statements pertaining to the grievance. The arbitrator shall render his/her decision no later than thirty (30) days after the conclusion of the final hearing. Copies of the findings of the arbitrator, made in accordance with the jurisdictional authority unde~ this Agreement, shall be fur- nished to both parties and shall be final and binding on both parties. -50- 10/20/81 10/88 ARTICLE 27 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION Section 1. The City of Boynton Beach agrees that all rights of Law Enforcement Officers under granted b~ investigation detailed and -(i) and will be -51- 9/15/89 11/20/90 DISCIPLINE AND DISC~IARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the 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 Police Chief within fourteen (14) days of the con- clusion of the investigation. -52- 9/5/89 10/28/91 ARTICLE 29 PAST PRACTICES Section 1. Ail employment practices listed below shall remain in effect: A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Pr0v~e~weapons~ equipment, gear appropriate to assignment. E. Bullet proof vests. F. Jackets] raincoat, boots. G. Desk space/office supplies. H. Approved and required travel expenses. I. Use of City vehicles for court when available. 9/5/89 10/28/91 -53- ARTICLE 30 PERSONkL VEHICLES Section 1. When an employee is required to use his/her per- sonal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. of police duties shall include tions, administrative hearings, cials, schools and seminars. For the purpose of this Article, the performance attendance at court, deposi- conferences with City offi- 9/5/89 -54- ARTICLE DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1. Police Department currently has policies, r~es and regulations gove~n~in? e~p~oymen~. and implementation of any rule shall n~t be ~rbitra~y~or capricious. In the event of a conflict between the rules and sp~C~fiCprovisions 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. 5/9/89 -55- A~TICLE ~2 MATERNITY LEAVE Whenever a female employee shall become pregnant, she shall furnish the Police Chief with a certificate from her physi- cian, stating the approximated expected date of delivery. She may continue to work as~long as her physician certifies she is able and provided the Police Chief does not find her work performance impaired. Maternity leave shall start with cessation of actual work and continue for a period not to exceed two (2) months after the date of delivery. She shall be paid, upon request her earned vacation leave and unused sick time. -56- 9/89 ARTICLE 33 COMPLETEAGREEMENT~'~IVER CLAUSE This Agreement (together with any letters of Agreement exe- cuted concurrently herewith) is the complete Agreement bet- ween agreements, end, except aS expressly provided for herein ~et~e~es~th~parties~of ~the'obtiga~'ion to bargain"on~ any sub- -57 - 11/1/83 ARTICLE ~4 SEVERABILITY Section 1. If any provisions of this Agreement are found be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. to -58- 11/1/83 A~TICLE $~ Ail matters pertaining to working conditions and benefits guaranteed by law shall apply to the extent that they are not in conflict wi~the provision~ of this Agreement. -59- 1981 ARTICLE $6 DURATION Upon formal ratification by the Union~ adoption by the City Commission, and execution and signing by the parties, this Agreemen= shall become effective from October 1, 1991, and shall remain in full force and effect until September 30, 1993. For fiscal year 1992/93 (second year of contract), the only articles open for negotiations by either party shall be: Article 12 Wages, Sections 1 and 2; Article 18 Sick Leave, Section 2b; and Article 22 Training. Absent timely written notice hereunder, this Agreemen= shall automatically renew itself for an additional Contract year. Either party shall notify the other in writing, not prior to April 15 nor later than May !, 1991, expressing a desire to negotiate a new contract. Written notice to be given under this Article shall be given by registered or certified mail to the City Manager, City of Boynton Beach, P.O. Box 310, Boynton Beach, Florida 33425-0310, and/or the President of the Palm Beach County Police Benevolent Association, 1501 Whitehall Road, West Palm Beach, Florida 33405. -60- 9/26/82 11/1/83 10/16/84 9/4/85 10/14/87 10/88 9/5/89 10/28/91 Agreed to this day of ~ 1991, by and between the respective parties through the authorized representatives o~ the Union and the City. Witness PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION .~itness / ~ CITY OF BOYNTON BEACH, Mayor FLORIDA Approv, ~as ,to F. orm ATTEST: ~1~ Clerk Ci~ Manager 1991/1993