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R02-143RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BORON BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA); AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) have previously entered into a Collective Bargaining Agreement; and WHEREAS, the City and the PBA have agreed that a discrepancy was identified in Article 12 and 14, and that clarification of these Articles was necessary; and WHEREAS, the City and the PBA have amicably worked together to amend the language in Article 12 and 14, to correctly reflect the agreement between the parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Memorandum of Understanding between the City of Boynton Beach and the PBA, a copy of which is attached hereto and made a part of the current Collective Bargaining Agreement Section 2. This Resolution will become effective immediately upon S:\CA~ESO~Agreements\CBA Ratitlcations~VIOU - PBA Article 12 and 14.doc8/8/2002 passage. PASSED AND ADOPTED this &o day of August, 2002. Vice May~ ATTEST: ,~52ommissioner Commissioner S:\CAKRESOUA_greemenIs\CBA RatificationskMOU - PBA Article 12 and 14.doc8/8/2002 MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORDA (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (the "PBA") enter into this Memorandum of Understanding to clarify and modify the provisions of the current Collective Bargaining Agreement between the parties and agree as follows: The CITY and the PBA agree to amend Article 12 and Article 14 as shown on the attached Exhibit A and Exhibit B. The Memorandum of Understanding shall become effective as of the date it is ratified by both the City Commission and PBA and shall be effective for the remainder of the term of Collective Bargaining Agreement. 3. All other terms of the Collective Bargaining Agreement for the period of October 1, 2001 to September 30, 2004, are binding except where expressly modified herein or hereinafter by the CITY and the PBA. ~ K. ~ 020 ? ~ ~~ssner, City Manager Approved as to Fo~: mes A. Chero[ City Attorney ATTEST: ATTEST: Suzarm~. Scar rr~h, PBA (artSorney PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Date ratified by CITY Date ratified by PBA 2002 F:\Gail~Boynton-MOU.doc EXHIBIT "A" ARTICLE 12 WAGES Section 1. Base Wage Adjustments BARGAINING UNIT MEMBERS HIRED PRIOR TO 10/1/00 Year One (October 1, 2001- September 30, 2002): The City has transitioned to a performance based compensation system. The procedures for conducting annual performance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. Effective the first pay period following October 1, 2001, each bargaining unit member hired prior to 10/1/00 will have his/her base wage adjusted to the amount shown by their name in Column 9 of Exhibit "A" if the employee has received a score of 2.91 or higher on their most recent performance evaluation. A member who receives an evaluation score of less than 2.91 shall have a counseling session with supervisory personnel and be provided with performance goals. The member will be re-evaluated ninety (90) days following the counseling sessioa. If a 2.91 or higher evaluation score is received, the member will receive a wage adjustment to the amount shown by their name in column 9 of Exhibit "A" effective the first pay period following the re-evaluation. A member who does not achieve a score of 2.91 rating on re- evaluation, is subject to a non-disciplinary performance based termination. Year Two (October 1, 2002~ September 30, 2003): Effective the first pay period following October 1, 2002, each bargaining unit member hired on or before 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 on Exhibit "A", based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 9O% 80% 0%, subject stated above. to 90 day re-evaluation rule F:\Boynton BeachLMOU02-Exh.wpd Year Three (October 1, 2003- September 30, 2004): Effective the first pay period following October 1, 2003, each bargaining unit member hired on or after 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding Exceeds Expectations Meets Expectations Below "Meets Expectations" 100% 9O% 80% 0%, subject stated above. to 90 day re-evaluation rule BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10/1/00 Bargaining unit employees hired on or after 10/1/00 shall not progress in base pay in the same manner as bargaining unit members hired prior to 10/1/00. Bargaining unit employees hired on or after 10/1/00 shall advance in base pay through the progressions as follows, provided the member receives a performance evaluation of "Meets Expectations" or better: PROGRESSION PROGRESSION PROGRESSION PROGRESSION $34,000 $35,530 $37,129 $38,800 A member hired on or after 10/1/00 with a base salary of less than $34,000 will move to $34,000 effective 10/1/01. A member hired on or after 10/1/00 with a base salary of more than $34,000 will move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move up one progression from their 10/1/01 base pay. Section 2. STARTING AND TOP OUT PAY The starting salary for a new hire police officer during the term of agreement is as follows: 10/1/01-9/30/02 I $34,000 I $35,190 10/1/02 -9/30/03 10/1/03- 9/30/04 $36,422 New hires will thereafter progress in base salary following the progressions stated above. Example: an employee hired on 12/1/01 will be hired at $34,000, will receive an increase on 10/1/02 to $35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties. F:\Boynton Beach\MOU02-Exh.wpd The top out pay (maximum base annual salary) for police officers during the term of this agreement is as follows: 10/1/01 - 9/30/02 10/1/02 -9/30/03 $53,529 $55,900 10/1/03-9/30/04 $59,OOO No member shall receive an adjustment to base salary in excess of top out pay. Payment over base shall be lump sum and may be treated as wages for pension calculation purposes when approved by the Pension Board. Section 3. Shift Assignment Pay Each member assigned to the 11 ½ hour shift, who works that shift, will be paid an additional 8.5% of base for all hours worked except those hours for which the member is paid premium pay. Section 4. Special Assignments Pay. A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assigmnent. C. Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 5% during said assignment. D. 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. E. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning. F. Officers, while assigned as Field Training Officers and who have completed successfully the required 40-hour training shall be compensated an additional five (5%) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Unit shall receive an additional five (5%) during the assignment. F:\Boynton Beach2vlOU02-Exh.wpd EXHIBIT "B" ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the 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 All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. Section 3. Filling Vacancies A. Vacancies on shift platoons shall be filled as follows: Vacancies will be filled by members who are on the off-going shift platoon, by seniority. A member who fills a shift vacancy in this manner shall be paid premium pay for each hour worked. Premium pay will be calculated by multiplying the members' base hourly rate times one and one-half (1 ½). The filling of vacancies pursuant to this subsection is not considered callback. B. Call back is defined as any time an officer is called into work when he/she is off duty, and when the work time is not 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 1/2) 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 at time and one-half and at his/her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether or not he/she FABoynton Beach\MOU02-Exh.wpd should arrive in uniform or in plain clothes, if the option is available. C. C a 1 1 back to t511 vacancies shall be handled as follows: Step 1 Vacancies filled by members from another platoon that works the same shift but is regular day off. Step 2 Vacancies filled by members from another platoon that works the opposite shift (e.g. vacancy on A. 1 is offered to B.4, 5, 6). Variance to Step 2-the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 3 Vacancies will be offered to Detectives and other non-road patrol members, by seniority. Step 4 To a member by reverse seniority. D. The 16 hour maximum hours worked rule applies to all call-back. 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. B. 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 straight time shall be paid for all standby assignments. When an employee is required 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 receive standby time pay. C. 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-page0 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 representative. FABoynton BeachLMOU02-Exh.wpd Section 6. Schedule The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 7. 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 effect, 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. Section 8. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no regular or overtime compensation. F:\Boynton Beach\MOU02-Exh.wpd TO: FROM: DATE: RE: MEMORANDUM KURT BRESSNER, CITY MANAGER JANET M. PRAINITO, CITY CLERF~ AUGUST 23, 2002 CITY MAiN' i FP iFICE MEMORANDUM OF UNDERSTANDING - R02-143 Attached please find the above Memorandum of Understanding made with Palm Beach County Police Benevolent Association that clarify and modify the provisions to the current Collective Bargaining Agreement. After you have signed the contract, please return to me to sign, attest and distribute. Thank you. J:\SHRDATA\CC\WP~Memos\kurt bressner.doc Memo To: From: CC: Date: Re: Marshall Gage, Police Chief Diane Reese, Finance Director Arthur Lee, Human Resources Director Janet M. Prainito City Clerk Central File, Secretary September 3, 2002 Transmittal of Resolution No. R02-143 - Execution of Memorandum of Understanding between the City of Boynton Beach and the Palm Beech County Police Benevolent Association Attached is a copy of Resolution No. R02-143 and a fully executed copy of the Memorandum of Understanding between the City of Boynton Beach and the PBC Police Benevolent Association. The City Commission at their regular meeting on August 20, 2003 adopted this Resolution. If you have any questions, please do not hesitate to contact me at Extension #6062. Attachments jmp S:\CC\WF~vlemos~Janet~StaffiTransmittal of R02-143 between the City & PBA.doc Roa -1- 13 MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORIDA (the "City ") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (the "PBA ") enter into this Memorandum of Understanding to clarify and modify the provisions of the current Collective Bargaining Agreement between the parties and agree as follows: 1. The CITY and the PBA agree to amend Article 12 and Article 14 as shown on the attached Exhibit A and Exhibit B. 2. The Memorandum of Understanding shall become effective as of the date it is ratified by both the City Commission and PBA and shall be effective for the remainder of the term of Collective Bargaining Agreement. 3. All other terms of the Collective Bargaining Agreement for the period of October 1, 2001 to September 30, 2004, are binding except where expressly modified herein or hereinafter by the CITY and the PBA. 0 0�( , N T O� t4 ,��i R ' 4 3 %•. CITY OF :O TON BEACH, FLORIDA o — :ZV i = • 4 _ .� ■ .__ . fit - urt Bressner, City Manager .r �j •.......... P 1. Approved as to Form: Sl ames A. Cherof, City Attorney ATTEST: PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION • 411111 Suz. . Sc • orough, P ::attorney Ernest W. George, Pr ent Date ratified by CITY -O 9 to , 2002 Date ratified by PBA `� v � L . ot.. , 2002 F \Gail\Boynton -MOU doc EXHIBIT "A" ARTICLE 12 WAGES Section 1. Base Wage Adjustments BARGAINING UNIT MEMBERS HIRED PRIOR TO 10 /1 /00 Year One (October 1, 2001- September 30, 2002): The City has transitioned to a performance based compensation system. The procedures for conducting annual performance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. Effective the first pay period following October 1, 2001, each bargaining unit member hired prior to 10 /1 /00 will have his/her base wage adjusted to the amount shown by their name in Column 9 of Exhibit "A" if the employee has received a score of 2.91 or higher on their most recent performance evaluation. A member who receives an evaluation score of less than 2.91 shall have a counseling session with supervisory personnel and be provided with performance goals. The member will be re- evaluated ninety (90) days following the counseling session. If a 2.91 or higher evaluation score is received, the member will receive a wage adjustment to the amount shown by their name in column 9 of Exhibit "A" effective the first pay period following the re- evaluation. A member who does not achieve a score of 2.91 rating on re- evaluation, is subject to a non - disciplinary performance based termination. Year Two (October 1, 2002- September 30, 2003): Effective the first pay period following October 1, 2002, each bargaining unit member hired on or before 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 on Exhibit "A ", based on . their most recent performance evaluation as follows: Outstanding 100% Exceeds Expectations 90% Meets Expectations 80% Below "Meets Expectations" 0 %, subject to 90 day re- evaluation rule stated above. F \Gail\Boynton -MOU doc Year Three (October 1, 2003- September 30, 2004): Effective the first pay period following October 1, 2003, each bargaining unit member hired on or after 10 /1 /00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding 100% Exceeds Expectations 90% Meets Expectations 80% Below "Meets Expectations" 0 %, subject to 90 day re- evaluation rule stated above. BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10 /1 /00 Bargaining unit employees hired on or after 10/1/00 shall not progress in base pay in the same manner as bargaining unit members hired prior to 10 /1 /00. Bargaining unit employees hired on or after 10 /1 /00 shall advance in base pay through the progressions as follows, provided the member receives a performance evaluation of "Meets Expectations" or better: PROGRESSION PROGRESSION PROGRESSION PROGRESSION $34,000 $35,530 $37,129 $38,800 A member hired on or after 10 /1 /00 with a base salary of less than $34,000 will move to $34,000 effective 10 /1 /01. A member hired on or after 10 /1 /00 with a base salary of more than $34,000 will move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move up one progression from their 10 /1 /01 base pay. Section 2. STARTING AND TOP OUT PAY The starting salary for a new hire police officer during the term of agreement is as follows: 10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04 $34,000 $35,190 $36,422 New hires will thereafter progress in base salary following the progressions stated above. Example: an employee hired on 12/1/01 will be hired at $34,000, will receive an increase on 10/1/02 to $35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties. F \Gad\Boynton -MOU doc The top out pay (maximum base annual salary) for police officers during the term of this agreement is as follows: 10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04 $53,529 $55,900 $59,000 No member shall receive an adjustment to base salary in excess of top out pay. Payment over base shall be lump sum and may be treated as wages for pension calculation purposes when approved by the Pension Board. Section 3. Shift Assignment Pay Each member assigned to the 11 '/z hour shift, who works that shift, will be paid an additional 8.5% of base for all hours worked except those hours for which the member is paid premium pay. Section 4. Special Assignments Pay. A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assignment. C. Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 5% during said assignment. D. 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. E. K -9 Unit. Members assigned to the K -9 Unit will receive one (1) hour of overtime for K -9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K -9 officers will be allowed one (1) hour of duty time per work day to tend to K -9 care, equipment . maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K -9 care, equipment maintenance and vehicle cleaning. F. Officers, while assigned as Field Training Officers and who have completed successfully the required 40 -hour training shall be compensated an additional five (5 %) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Unit shall receive an additional five (5 %) during the assignment. F \Gall\Boynton -MOU doc EXHIBIT "B" ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the 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 All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. Section 3. Filling Vacancies A. Vacancies on shift platoons shall be filled as follows: Vacancies will be filled by members who are on the off -going shift platoon, by seniority. A member who fills a shift vacancy in this manner shall be paid premium pay for each hour worked. Premium pay will be calculated by multiplying the members' base hourly rate times one and one -half (1 1/2). The filling of vacancies pursuant to this subsection is not considered callback. B. Call back is defined as any time an officer is called into work when he /she is off duty, and when the work time is not 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 1/2) 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 at time and one -half and at his/her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether or not he /she F \Gail\Boynton -MOU doc should arrive in uniform or in plain clothes, if the option is available. C. Call back to fill vacancies shall be handled as follows: Step 1 Vacancies filled by members from another platoon that works the same - shift but is regular day off. Step 2 Vacancies filled by members from another platoon that works the opposite shift (e.g. vacancy on A.1 is offered to B.4, 5, 6). Variance to Step 2 -the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 3 Vacancies will be offered to Detectives and other non -road patrol members, by seniority. Step 4 To a member by reverse seniority. D. The 16 hour maximum hours worked rule applies to all call -back. 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. B. 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 straight time shall be paid for all standby assignments. When an employee is required 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 receive standby time pay. C. 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 representative. F \Gail\Boynton -MOU doc Section 6. Schedule The City will establish the hours of work best suited to meet the operational and fiscal _ . needs of the Department. Any officer who accepts and part cipates in a shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 7. 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 effect, 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. Section 8. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no regular or overtime compensation. F \Gail\Boynton -MOU doe 2001 -2004 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION P-kSSED AND ADOPTED thl , la% 1 , r, , %erne 1 i 'TN OF Bcry'NTON BEACH, "'T, ()R_1D-= Mayor Vice Mayor Commissioner Commissioner 1 Commissioner ATTEST: City Clerk (Corporate Seal) s ca Vesdagreements \PBA — 01-04 1 I i ■ 1 i 1 I I 1 1 I I 1 TABLE OF CONTENTS ARTICLE PAGE NO 1 Preamble 1 _ 2 Recognition 2 3 Non - Discrimination 3 4 Dues Deduction 4 5 Union Business 5 6 Bulletin Board 6 7 Eligibility for Promotion 7 8 Vacancies 8 9 Management Rights 9 10 Advisory Committee 11 11 Hours of Work and Overtime 12 12 Wages 13 13 Seniority 16 14 Additional Monetary Benefits 17 15 Uniforms 20 16 Medical Expenses 21 17 Group Insurance 22 18 Leaves 23 19 Holidays 26 20 Funeral Expenses 27 21 Equipment Maintenance & Safety 28 22 Training 29 23 Career Path Program 31 24 Personnel Records 33 25 Legal Action 34 26 Grievance Procedure 35 27 Discipline Appeals 38 28 Rights of Law Enforcement Officers Under Investigation 39 29 Discipline and Discharge 40 30 Past Practices 41 31 Personal Vehicles 42 32 Department Polices, Rules & Regulations 43 33 Posting 44 34 Complete Agreement and Waiver Clause 45 35 Severablity 46 36 Duration/Signature Page 47 ARTICI_ F 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, Flonda, hereinafter refereed to as the "Union ", for the purpose of setting forth the parties Agreements regarding rights, wages, benefits, and conditions of employment. 2 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 unit consisting of all full time sworn police officers within the following job classification: Police Officer and Police Detective, or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. Effective October 1, 2001, the City will no longer fill vacant Detective positions. All bargaining unit members who hold the position of Detective at time of ratification of this Agreement shall continue to serve as Detectives until: A. The member is promoted, or B. The member resigns from the position, or C. The member is demoted, for cause, or D. The member retires. 'k.RTICL E NON - DISCRIMINATION The City will not interfere with the rights of officers to become members of the Union, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the Union. The Union shall not discriminate against any bargaining unit member who fails to join the Union. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non - verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. 4 ARTICLE 4 DUES DEDUCTION Upon receipt of a form provided by the Union and approved by the City which has been voluntarily executed by a City employee who is a member of the bargaining unit, the City will deduct from the pay due the employee, 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. \RTICLF .-, UNION BUSINESS Section 1 Union representatives will be granted paid leave to engage in representation activities on behalf of the Union or any member as follows. A. Engaging in collective bargaining with the representatives of the CITY B. Processing of grievances C. Accompany a fellow employee whew I The employee is required to appear at a hearing related to a grievance. 2 The employee is presenting or responding to a grievance 3 The employee is subject to interrogation in conjunction with an internal affairs investigation 4 The employee is attending a pre - determination hearing. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A UNION representative shall be permitted leave to attend functions of the Union, provided that such leave shall be at no cost to the CITY and representatives shall use accrued vacation leave Section 2. No employee shall engage in Union business while on duty except as referenced in Section 1. 6 ARTICLE 6 BULLETIN BOARD 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 shall bear, on its face, the legible designation of the person responsible for placing of this notice or item on the bulletin board. ARTICLE " ELIGIBILITY FOR PROMOTION All bargaining unit members who have served for three years as a sworn law enforcement officer in the City of Boynton Beach are eligible for testing for promotion to the position of Sergeant 8 ARTICLE 8 VACANCIES Section 1. Consistent with the City's recruitment and selection policy (PPM Chapter 06), vacant positions shall be filled in the best interest of the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Section 2. When a position in the bargaining unit is filled by hiring a candidate with law enforcement experience from another agency, the candidate may be credited with one year for every two years of law enforcement experience and maybe hired at a base annual rate of pay not to exceed $38,800 in year one, $40,158 in year two, and $41,563 in year three. This provision may be applied retroactively to members hired within the past twenty -four (24) months (from date of ratification) , at the discretion of the Police Chief. kRT1C1.F 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 right to A. To establish procedures to hire, promote, and lay off employees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be performed by employees. G. 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 I. To require employees to submit to physical, medical, and psychological testing to determine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to determine fitness for duty without such testing being approved by the Police Chief and the City Manager jr Determine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any Departmental unit or transfer members based upon the needs of the department as determined by the Chief. M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion 10 or random drug testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. ARTICLE l ADVISORY COMMITTEE Section 1. By mutual agreement between the City and the Union, they may establish a joint committee. 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 committee may meet as needed 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. If a meeting is held during working hours of an employee participant, said participant may be excused without loss of pay for that purpose. 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. Section 3. 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 first receive the approval of the Chief of Police. 12 ARTICLE 11 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 170 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 hour shift will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, hours taken for authorized leave for training or school, and vacation leave shall be counted as hours worked. Overtime pay, when so granted, will normally be contained in the member's next regular pay check following the time worked. Employees who are in a duty status seven (7) or fewer minutes either prior 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 must be so only with the Supervisor's approval in order to be eligible for overtime pay. Section 2. Pursuant to Article 9, Section 1D., it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked. Departmental wide shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Union of the change. Section -3. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous 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. No member of the bargaining unit shall be scheduled either by the department or through shift swaps, details, or over -time, to work more than 16 hours of duty in a 24 hour period, except during emergencies or where overtime is required to complete an on duty assignment, i.e. late arrest. For the purpose of this section, duty means regular assigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. ARTICLE 1: WAGES Section 1. Base Wage Adjustments BARGAINING UNIT MEMBERS HIRED PRIOR TO 10/1/00 Year One (October 1, 2001- September 30, 2002). The City has transitioned to a performance based compensation system. The procedures for conducting annual performance evaluations for all police department personnel is set forth in the Police Department Wntten Directives, Index Code 700. Effective the first pay penod following October 1, 2001, each bargaining unit member hired prior to 10/1/00 will have his /her base wage adjusted to the amount shown by their name in Column 9 of Exhibit "A" if the employee has received a score of 2 91 or higher on their most recent performance evaluation. A member who receives an evaluation score of less than 2.91 shall have a counseling session with supervisory personnel and be provided with performance goals. The member will be re- evaluated ninety (90) days following the counseling session. If a 2.91 or higher evaluation score is received, the member will receive a wage adjustment to the amount shown by their name in column 9 of Exhibit "A" effective the first pay period following the re- evaluation. A member who does not achieve a score of 2.91 rating on re- evaluation, is subject to a non - disciplinary performance based termination. Year Two (October 1, 2002- September 30, 2003 y Effective the first pay period following October 1, 2002, each bargaining unit member hired on or before 10/1/00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 on Exhibit "A ", based on their most recent performance evaluation as follows: Outstanding 100% Exceeds Expectations 90% Meets Expectations 80% Below "Meets Expectations" 0 %, subject to 90 day re- evaluation rule stated above 14 Year Three (October 1, 2003- September 30, 2004): Effective the first pay period following October 1, 2003, each bargaining unit member hired on or after 10 /1 /00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding 100% Exceeds Expectations 90% Meets Expectations 80% Below "Meets Expectations" 0 %, subject to 90 day re- evaluation rule stated above. BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10/1/00 Bargaining unit employees hired on or after 10/1/00 shall not progress in base pay in the same manner as bargaining unit members hired prior to 10 /1 /00. Bargaining unit employees hired on or after 10 /1 /00 shall advance in base pay through the progressions as follows, provided the member . receives a performance evaluation of "Meets Expectations" or better: PROGRESSION PROGRESSION PROGRESSION PROGRESSION $34,000 $35,530 $37,129 $38,800 A member hired on or after 10 /1 /00 with a base salary of less than $34,000 will move to $34,000 effective 10/1/01. A member hired on or after 10 /1 /00 with a base salary of more than $34,000 will move to $35,530 on 10/1/01. On 10/1/02 and 10/1/03 members will move up one progression from their 10 /1 /01 base pay. Section 2. STARTING AND TOP OUT PAY The starting salary for a new hire police officer during the term of agreement is as follows: 10 /1 /01- 9/30/02 10/1/02- 9/30/03 10/1/03- 9/30/04 $34,000 $35,190 $36,422 New hires will thereafter progress in base salary following the progressions stated above. Example: an employee hired on 12/1/01 will be hired at $34,000, will receive an increase on 10/1/02 to $35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties. The top out pay (maximum base annual salary) for police officers during the term of this agreement is as follows: 10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04 i S53,529 555,900 559,000 No member shall receive an adjustment to base salary in excess of top out pay. Payment ove base shall be lump sum and may be treated as wages for pension calculation purposes when approved by the Pension Board. Section 3 Shift Assignment Pay Each member assigned to the 11 1 /2 hour shift, who works that shift, will be paid an additional 8.5% of base. Section 4. Special Assignments Pay A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assignment. C. Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 5% during said assignment. D. 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. E. K -9 Unit. Members assigned to the K -9 Unit will receive one (1) hour of overtime for K -9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K -9 officers will be allowed one (1) hour of duty time per work day to tend to K -9 care, equipment maintenance and vehicle cleaning. Members on vacation will he credited one hour per day for K -9 care, equipment maintenance and vehicle cleaning. F. Officers, while assigned as Field Training Officers and who have completed successfully the required 40 -hour training shall be compensated an additional five (5 %) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Unit shall receive an additional five (5 %) during the assignment. 16 ARTICLE 13 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 agrees that seniority shall govern the following matters: A. Filling temporary vacancies. See Article 14, Section 3. B. Layoffs will be in reverse order of seniority. C. Selection of day or night shift and starting time. D. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered through a rotating list of Police Officers based upon department seniority. This section does not apply to special details. Section 3. Assignments to platoons, divisions, and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or work schedules may be adopted by the Chief of Police as needed. ARTICLE ; 4 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80 ) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the 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 All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. Section 3. Call Back Call back is defined as any time an officer is called into work when he /she is off duty, or when the work time is not 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 (l 1/2) 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 at time and one -half and at his/her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his/her supervisor will indicate as to whether or not he /she should arrive in uniform or in plain clothes, if the option is available. 18 Call back shall be handled as follows: Step 1 Vacancies filled with the off -going shift platoon by seniority. Step 2 Vacancies filled by other platoon that works the same shift but is regular day off Step 3 Vacancies filled by other platoon that works the opposite shift (e.g. vacancy on A.1 is offered to B.4, 5, 6). Variance to Step 3 -the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 4 All patrol officers not previously covered by seniority Step 5 Vacancies will be offered to Detectives Step 6 Ordered in by reverse seniority The 16 hour maximum hours worked rule applies to all call -back. 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. B. 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 straight time shall be paid for all standby assignments. When an employee is required 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 receive standby time pay. C. 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 representative. Section 6. Schedule The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation 0 f being sick. Section 7. 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 (481 hours before any changed schedule (assignment days or days off) is to take effect, 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. Section 8. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his/her regular rate of pay for each day or partial day required for said purposes. There will be no regular or overtime compensation. 20 ARTICLE 15 UNIFORMS Section 1. The City will provide up to three (3) full uniforms 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. The Detectives and other members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, a total of $1,000.00 a fiscal year, paid in $250 installments at the end of each quarter and pro -rated as appropriate. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro -rated basis. Uniformed 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 establishment in Boynton Beach selected by the City. Detectives and other members assigned to plain clothes 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. ARTICLE in MEDICAL. EXPENSES Section 1. Members will receive and shall be obliged to take annual electrocardiogram and physical examination performed by an agency or doctor to be approved by the City. Scheduling will be at the discretion of the Department, and the results will become part of the employee's record. The City will pay the cost of this examination only. Section 2. Beginning at age 30 and when recommended by a City physician, a member will undergo and 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. Section 3. 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 Department should they desire said immunization. Said immunization shall be administered by qualified personnel. 22 ARTICLE 17 GROUP INSURANCE Section 1. Medical Insurance The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form an insurance advisory committee to be comprised of an equal number of non - represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance advisory committee. 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. ARTICLE 18 LEAVES Section 1. Annual Leave - Vacation a. Personnel in the bargaining unit hired after January 1, 1992 will be covered by City of Boynton Beach Personnel Policy Manual for all issues relative to annual leave, provided that they shall receive 80 hours in year 1. All employees hired prior to January 1, 1992 will follow the following vacation schedule Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years & after 200 b. 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. All other requests submitted under 30 days shall be on a first come first serve basis regardless of seniority c. Request for emergency vacation leave will considered individually by the Chief 24 Section 2. Sick Leave a. Employees will earn ninety -six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Personnel Policy Manual and Police Department Rules and Regulations, as applicable. New employees hired after January 1, 1992 shall be subject to the revised sick leave schedule. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. b. Employees who have more than one hundred twenty (120) hours of sick leave as of September 1, of the current contract year, may convert 50% of the excess over one hundred twenty (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 fiscal year 1994 -97, 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 whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee h,.s exhausted all accrued sick leave and vacation leave to the number of vacation hours that said employee would accrue in one year. 2. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. 3. 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 through the Finance Department that the hours are available and submit the list, accompanied by 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 Steward. d. Sick leave for medical appointment can be scheduled more than 48 hours ahead and not be changed except in the event of an emergency. e No member shall be placed on restricted sick leave unless that member has had a counseling session, with at least a Watch Lieutenant (Lieutenant rank only) During that counseling session, the member will be informed of the reasons being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken When a member is placed on restncted sick leave, the member will be notified in writing di that fact. A unit member placed on restncted 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 yk. g + be removed from restricted sick leave. f 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 Section 3. Personal Time a. A total of three (3) shifts 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. Personal time is to be used in the same manner as vacation. 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, grandparents of spouse and any permanent family member of the household, such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for any one death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive calendar days shall be allowed. Employees must venfy 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. 26 ARTICLE 19 HOLIDAYS Section 1. Holidays will be as follows: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining unit whether or not the holiday 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 and 126.5 hours for 3- 4/11.5). b. 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. c. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. d. Members exercising this option may use a vacation day 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. f. 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. ARTICLE 2+ FUNERAL 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. All employees shall, on a form to be supplied by the Chief of Police or his authonzed representative, designate by name and address, the individual to whom such funds are to be paid 28 ARTICLE 21 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 providing 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 judgment concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he /she may ask that the next level of supervision 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 review of the actions of the bargaining unit member or the supervisor, will be made by the Chief the next normal work day. . \ RT I C I ,E 22 IR.AINING Section 1. All 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 incurred are paid for by the City as provided for by resolution. Section 2. Weapons Training The Chief will decide on the training program based on his judgment of the department's needs. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. 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 schedule upon completion of the semester. "A" equals 100% of tuition and books "B" equals 100% 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 Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chief will make a recommendation to the City Manager who will have final approval for the courses, degree program and payment B. 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 provide reimbursement for authorized expenses associated with training and special 30 schools attended by the officer through approval of the Department. ARTICLE 2 CAREER PATH PROGRAM 1. The purpose of this program is to establish guidelines for a Career Path Program for police officers below the rank of Detective /Sergeant 2. The Career Path Program is designed to accomplish a three -fold purpose and is voluntary in nature: A. Recognize and reward the officer through his /her training and educational achievements. B. Provide a career development path for Rank of Police Officer. C. Promote long term dedicated employees by offering incentives, alternatives and guidelines. 3 The Police Officer Skill Levels III, II, and I shall be as follows - A. Skill Level Three (III) (1) Time in grade: new employee to five (5) years continuous service. B. Skill Level Two (H) (1) Time in grade: 5 - 10 years continuous service (2) Education Requirement (job related): 160 hours - Career Incentives or Training Courses (3) Average or above average performance evaluation for the past two (2) years. (4) Incentive pay increase -2% C. Skill Level One (I) (1) Time in grade: 10 plus years continuous service (2) Educational Requirement: 400 hours - Career Incentives or Training Courses (3) Average or above average performance evaluation for the past two (2) years. 32 (4) Incentive pay increase - 3% 4. A Police Officer will need to declare the Career Path Program; being either career path or career incentive (however, if max out on career incentive, can use /pursue career path). No college degree courses will be accepted when pursuing a college degree path. Education must be job related, and courses /training taken for credit must be on officer's own time (not City time). 5. If a police officer who has received career path pay increases pursuant to this program and is promoted, they are no longer eligible to receive career path pay increases, nor will career path pay increases received under this program be considered in establishing their new rate ofpay. \RTICLE 24 PERSONNEL RECORDS Section 1. Consistent with 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 own records at no expense. No record shall be hidden from a member's inspection and members shall have the nght to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the nght to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee Section 2. A personnel file for all City employees is maintained by the City Personnel Department. Section 3. Internal affairs investigatory files will be maintained in accordance with Fl. State Statutes. 34 ARTICLE 25 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 judgments 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. . RT1C1 E 26 GRIEVANCE PROCEDURES Section 1. A grievance is defined as a dispute Involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in Article 27 - Disciplinary Appeals of this Agreement. Section 3. 'The parties are committed to resolving grievances in a timely fashion. Accordingly. any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement In dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought b' the grievant. The grievance form shall be filed with the grievant's Major. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief Step 2. The Major shall review the grievance and make a written recommendation tor disposition of the grievance to the Police Chief within ten (10) days of receipt of the grievance. Step 3. The police Chief shall review the grievance and render a written decision within ten (10) days of his receipt of the grievance. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chief's disposition or the expiration of the time period for the Chief's disposition in the event the Chief does not render a decision, 36 Step 5. The City Manager shall review the grievance and render a written decision within twenty (20) days of receipt of the grievance.. The City Manager may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied with the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The grievant's request shall commence with a written request to the Federal Mediation and Conciliation Service asking that it submit a list of names of seven (7) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth below. ARBITRATION Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In the event of a court action by the City, the grievance /arbitration proceeding shall be abated until the conclusion of the court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented. which must be actual and existing, Section 5. The arbitrator shall render a wntten decision within thirty (30) days of the close of the arbitration heanng or submission of post hearing bnefs, whichever occurs last The arbitrator 5 decision shall be final and binding on all parties 38 ARTICLE 27 DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay - more than one (1) day No employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager. No pre - determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR: Written reprimand Suspension without pay one (1) day or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Article 26 above. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of the City's disciplinary action. B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. C. Written reprimands may not be appealed but the employee may submit a written response provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of one (1) day or less may be appealed to the Human Resource Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision maybe to either sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of one day. The Human Resource Manager may conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his/her investigation of the discipline. AR FICLE 2S RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION The City of Boynton Beach agrees that all nghts of Law Enforcement Officers under investigation detailed and granted by Florida Statutes, Section 112 532(1 )(a)-(i) and Section 112 533 (as amended from time to time) will be observed and practiced. The Union may post a copy of the Lavk Enforcement Officers Bill of Rights on the bulletin boards referenced in Article b In the event of any conflict between the rights of a member under the Bill of Rights and this Agreement or any city or departmental policy or procedure, the nghts afforded under the Law Enforcement Officers Bill of Rights shall prevail 40 ARTICLE 29 DISCIPLINE AND DISCHARGE 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 appeal disciplinary action in the manner set forth in Article 27 of this Agreement. 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 Chief's determination of the conclusion of an investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay of more than one (1) day without first being afforded the right to a pre - determination conference with the City Manager. ARTICLE iO PAST PRACTICES All employment practices listed below shall remain in effect. A. Lockers B. Locker room shower, gym C. Shoes every six (6) months D. Provide weapons, equipment, gear appropnate 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 42 ARTICLE 31 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal 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. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. RTICI E DEPARTMENTAL POLICIES, RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capncious. In the event of a conflict between the rules and specified provisions of this Agreement, the Agreement shall control Section 2. In the event the City amends or revises an existing rule or implements any new rule, it shall give ten (10) days notice to the Union 44 ARTICLE 33 POSTING Vacancies in positions or assignments will be posted in -house no less than thirty (30) days before the application deadline for the position or assignment is closed. ARTICLE 34 COMPLETE AGREEMENT AND WAIVER CLAUSE This Agreement is the complete Agreement between the parties, cancels all pnor practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement and the City's Personnel Police Manual and not under any Civil Service Rule/Regulation and heretofore in existence. 46 ARTICLE 35 SEVERABILITY Section 1. If any provision of this Agreement is found to 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. 47 ARTICLE 36 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 2004. The pay for performance increases provided for in Article 12, Wages shall not continue beyond September 30, 2004, unless otherwise extended by written agreement of the parties. Agreed to this f ` day of _ , 2001, by and between the respective parties through the authorized representatives of the Union and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION : r % ; .0 ° .a • B itness ■ President I • qg i. __ _ Alt...- awl Wi . _ C OF B • YNTO ► BEACH ' B ',V. I • Witnes \ � \ G �� 1 .....,, e / • ,/ ` x �" " "DTs A Witness % - o .• t 0 _ : : , , AP �� %�� ►` ,i ,k 0 • ' : TNESS: j iid APPRO Ci 711 ttomey ' City Manager Ratified by City Commission Ratified by Union II —( 01 10 aco -0\ Date Date S.ca\cdiecave barga+mngTBA\C1ean 102401 48 EXHIBIT A i o? 3 7 _ _ _ fo #r'! w_ tMftar. .�.M.,......,_.F.._ .., Current - .... __.. 2001.02 2002 -03 2003-04 SFS' Oot ; -- & Annual Pr. • iris Ion Pr . maim Pr MOW 'ru ..,n 1/ Adorns mass . E�L1�:tt' f i E f E r:.. M E 125111 i� en. Sethi � r. E3!!i !!MIarn iPi 82 .., ^1am -� •: 10/3 I derso BBdw' - 37,793.60 _ ILELKIIIIIIIII , . 0 ' n ' 11 iL;:� . � '� UMW s • , sr Man ; , r, _ "HUMAN FRAMFAIIIIIF 11120.42 f 10.11 r=avisil E i. I , t . • w SKIM' - ' E L-':f Er.:?� Ems E r' „. 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I I t3ti E _': I 1f t 1 12.00 000.00 ;`.T- ;; Tc �rTm7mill_ tr-r L7 .0 MINIM _ MIS VI.- CONSENT AGENDA �YNTO ITEM C.1 0 olS CITY OF BOYNTON BEA( m AGENDA ITEM REQUEST FORM - Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ July 17, 2001 July 5, 2001 (5 00 p m ) ❑ September 19, 2001 September 5, 2001 (5 00 p m ) ❑ August 7, 2001 July 18, 2001 (5 00 p m) ❑ October 2, 2001 September 20, 2001 (5 00 p m ) ❑ August 21, 2001 August 8, 2001 (5 00 p m ) j October 16, 2001 October 3, 2001 (5 00 p m ) ❑ September 4, 2001 August 22, 2001 (5 00 p m) J >ir November 6, 2001 October 17, 2001 (5 00 p m ) ❑ Administrative ❑ Development Plans NATURE OF ❑ Consent Agenda ❑ New Business AGENDA ITEM ❑ Public Hearing ® Legal ❑ Bids ❑ Unfinished Business ❑ Announcement ❑ Presentation ❑ City Manager's Report RECOMMENDATION: Motion for ratification of the Collective Bargaining Agreement between the City of Boynton Beach and the Police Benevolent Association (PBA). EXPLANATION: This Agreement sets out in substantial form the agreement reached between the City's negotiating team and representatives of the PBA. This Agreement is effective from date of ratification to 9/30/04. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signatur James A. Cherof , 11147;► / , i Department Name City Att•y'ey Finance / Human Resources S \BULLETTN\FORMS\AGENDA ITEM REQUEST FORM DOC Rba -1q3 MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORIDA (the "City ") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (the "PBA ") enter into this Memorandum of Understanding to clarify and modify the provisions of the current Collective Bargaining Agreement between the parties and agree as follows: 1. The CITY and the PBA agree to amend Article 12 and Article 14 as shown on the attached Exhibit A and Exhibit B. 2. The Memorandum of Understanding shall become effective as of the date it is ratified by both the City Commission and PBA and shall be effective for the remainder of the term of Collective Bargaining Agreement. 3. All other terms of the Collective Bargaining Agreement for the period of October 1, 2001 to September 30, 2004, are binding except where expressly modified herein or hereinafter by the CITY and the PBA. T , A.1 7 CITY OF :OYNTON BEACH, FLORIDA eta* � , � _ . it y urt Bressner, City Manager • . "// //, P I sO�fk \v, \ \ \ Approved as to Form: , p_ames A. Cherof, City Attorney ATTEST: PALM BEACH COUNTY POLICE . BENEVOLENT ASSOCIATION Suza str . Sc. -. orough, PB a'ttorney Ernest W. George, Pr ent Date ratified by CITY A u u.sT o10 , 2002 Date ratified by PBA R_Xf. oL , 2002 F \Gail \Boynton -MOU doc EXHIBIT "A" ARTICLE 12 WAGES Section 1. Base Wage Adjustments BARGAINING UNIT MEMBERS HIRED PRIOR TO 10 /1 /00 Year One (October 1, 2001- September 30, 2002): The City has transitioned to a performance based compensation system. The procedures for conducting annual performance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. Effective the first pay period following October 1, 2001, each bargaining unit member hired prior to 10 /1 /00 will have his /her base wage adjusted to the amount shown by their name in Column 9 of Exhibit "A" if the employee has received a score of 2.91 or higher on their most recent performance evaluation. A member who receives an evaluation score of less than 2.91 shall have a counseling session with supervisory personnel and be provided with performance goals. The member will be re- evaluated ninety (90) days following the counseling session. If a 2.91 or higher evaluation score is received, the member will receive a wage adjustment to the amount shown by their name in column 9 of Exhibit "A" effective the first pay period following the re- evaluation. A member who does not achieve a score of 2.91 rating on re- evaluation, is subject to a non - disciplinary performance based termination. Year Two (October 1, 2002- September 30, 2003): Effective the first pay period following October 1, 2002, each bargaining unit member hired on or before 10 /1 /00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 on Exhibit "A ", based on their most recent performance evaluation as follows: Outstanding 100% Exceeds Expectations 90% Meets Expectations 80% Below "Meets Expectations" 0 %, subject to 90 day re- evaluation rule stated above. F \Gad\Boynton -MOU doc Year Three (October 1, 2003- September 30, 2004): Effective the first pay period following October 1, 2003, each bargaining unit member hired on or after 10 /1 /00 will have their base wage adjusted by adding to their base salary a percentage of the amount shown in Column 8 based on their most recent performance evaluation as follows: Outstanding 100% Exceeds Expectations 90% Meets Expectations 80% Below "Meets Expectations" 0 %, subject to 90 day re- evaluation rule stated above. BARGAINING UNIT MEMBERS HIRED ON OR AFTER 10 /1 /00 Bargaining unit employees hired on or after 10 /1 /00 shall not progress in base pay in the same manner as bargaining unit members hired prior to 10 /1 /00. Bargaining unit employees hired on or after 10 /1 /00 shall advance in base pay through the progressions as follows, provided the member receives a performance evaluation of "Meets Expectations" or better: PROGRESSION PROGRESSION PROGRESSION PROGRESSION $34,000 $35,530 $37,129 $38,800 A member hired on or after 10 /1 /00 with a base salary of less than $34,000 will move to $34,000 effective 10 /1 /01. A member hired on or after 10 /1 /00 with a base salary of more than $34,000 will move to $35,530 on 10 /1 /01. On 10/1/02 and 10/1/03 members will move up one progression from their 10 /1 /01 base pay. Section 2. STARTING AND TOP OUT PAY The starting salary for a new hire police officer during the term of agreement is as follows: 10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04 $34,000 $35,190 $36,422 New hires will thereafter progress in base salary following the progressions stated above. Example: an employee hired on 12/1/01 will be hired at $34,000, will receive an increase on 10/1/02 to $35,530, on 10/1/03 to $37,129, and thereafter as subsequently negotiated by the parties. F \Gail\Boynton -MOU doc The top out pay (maximum base annual salary) for police officers dunng the term of this agreement is as follows: 10/1/01-9/30/02 10/1/02-9/30/03 10/1/03-9/30/04 $53,529 $55,900 $59,000 No member shall receive an adjustment to base salary in excess of top out pay. Payment over base shall be lump sum and may be treated as wages for pension calculation purposes when approved by the Pension Board. Section 3. Shift Assignment Pay Each member assigned to the 11 %2 hour shift, who works that shift, will be paid an additional 8.5% of base for all hours worked except those hours for which the member is paid premium pay. Section 4. Special Assignments Pay. A. Traffic Division: Members assigned to the Traffic Division who are required to ride a motorcycle shall be compensated an additional 5% for hazardous duty during said assignment. B. Vice Members: Those members who are assigned to vice shall be compensated an additional 5% for hazardous duty during said assignment. C. Investigators: Those members who are assigned to the position of investigator shall be compensated an additional 5% during said assignment. D. 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. E. K -9 Unit. Members assigned to the K -9 Unit will receive one (1) hour of overtime for K -9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K -9 officers will be allowed one (1) hour of duty time per work day to tend to K -9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K -9 care, equipment maintenance and vehicle cleaning. F. Officers, while assigned as Field Training Officers and who have completed successfully the required 40 -hour training shall be compensated an additional five (5 %) during the assignment. G. Directed Patrol Unit (DPU). Those members who are assigned to the Directed Patrol Unit shall receive an additional five (5 %) during the assignment. F \Gail\Boynton -MOU doc EXHIBIT "B" ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the 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 All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. Section 3. Filling Vacancies A. Vacancies on shift platoons shall be filled as follows: Vacancies will be filled by members who are on the off -going shift platoon, by seniority. A member who fills a shift vacancy in this manner shall be paid premium pay for each hour worked. Premium pay will be calculated by multiplying the members' base hourly rate times one and one -half (1 1 /2). The filling of vacancies pursuant to this subsection is not considered callback. B. Call back is defined as any time an officer is called into work when he /she is off duty, and when the work time is not 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 1/2) 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 at time and one -half and at his/her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back his /her supervisor will indicate as to whether or not he /she F \Gail\Boynton -MOU doc should arrive in uniform or in plain clothes, if the option is available. C. Call back to fill vacancies shall be handled as follows: Step 1 Vacancies filled by members from another platoon that works the same shift but is regular day off. Step 2 Vacancies filled by members from another platoon that works the opposite shift (e.g. vacancy on A.1 is offered to B.4, 5, 6). Variance to Step 2 -the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 3 Vacancies will be offered to Detectives and other non -road patrol members, by seniority. Step 4 To a member by reverse seniority. D. The 16 hour maximum hours worked rule applies to all call -back. 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. B. 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 straight time shall be paid for all standby assignments. When an employee is required 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 receive standby time pay. C. 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 representative. F \Gail \Boynton -MOU doc Section 6. Schedule The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 7. 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 effect, 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. Section 8. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of his/her duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid his /her regular rate of pay for each day or partial day required for said purposes. There will be no regular or overtime compensation. F \Gail\Boynton -MOU doc