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