R01-293and
RESOLUTION ROi- AqB
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND THE FRATERNAL
ORDER OF POLICE - SERGEANT'S UNIT FOR THE
PERIOD FROM OCTOBER 1, 2001 THROUGH
SEPTEMBER 30, 2002, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WltEREAS, the City of Boymon Beach and the Fraternal Order of Police -
successfully concluded negotiations for a one year contract; and
WHEREAS, the Agreement was ratified by the Bargainmg Unit of the Union;
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify the Agreement and
execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
Agreement between the City of Boynton Beach and the Fraternal Order
Sergeant's Unit for the period from October 1, 2001 through September 3C,
and authorizing and directing the Mayor and City Clerk to execute the Agreement,
r of said agreement being attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this (O day of November , 2001.
issloner
'Commissioner
ATTEST:
Clerk
AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
POLICE SERGEANTS
FRATERNAL ORDER OF POLICE
2001-2002
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TABLE OF CONTENTS
Article
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Preamble .....................................
Recognition ..................................
No Strike or Lock-Our .......................
Non Discrimination ........................
Dues Deduction ...............................
Union Time Pool ..............................
FOP Representation ...........................
Bulletin Boards ..............................
ReproductiOn .........................
Rights of Law Enforcement Officers
Under Investigation ........................
Management Rights ...........................
Discipline and Discharge ...................
Rate of Pay ..................................
~ Duty Injuries .............................
Call Back Pay ................................
standBy Pay .................................
COtiLrt Appearances ..........................
Bereavement Leave ............................
Sick Leave. ..................................
Vacation .....................................
Holidays .....................................
Funeral Expenses ............................
Medical Expenses .............................
Uniforms .....................................
Training .....................................
Personnel Records ............................
;Solicitations ................................
:Safety and Health ............................
Use of City Facilities .......................
Hours oi'Work and Overtime ...........
Shift Selection ..............................
Seniority ....................................
Transfers and Shift Changes ..............
GrouPlnsurance ..............................
Tuition Reimbursement ......................
Depa~i.mental Policies, Rules &
Regulations .....................
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3
5
6
7
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Special Details ..............................
Grievance and. Arbitration
Procedures .........................
Past Practices ...............................
Entire Agreement .............................
Personal Vehicles ............................
Qualifications For a Bargaining Unit Position .......
Temporary Assignment .....................
Savings Clause ...............................
Chemical Testing .............................
Duration of Agreement/Signatures .....
Signatures .....................................
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PREAMBLE
Section 1. This agreement is entered into by and between the :City of Boynton Beach. Florida~
hereinafter referred to as the "Employer" or "City", and the Florida State Lodge, Fratemal Ordei of
Police, hereinafter referred to as the "FOP" or the "Union". It is the intent and purpose of this
Agreement to create a sound and mutually beneficial working and economic relationship between the
parties hereto; to provide an orderly, prompt and peaceful means of resolving disputes involving
interpretation or application of this Agreement; and to set forth basic and full agreement between the
parties concerning wages, hours, terms and conditions of employment.
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ARTICLE 1
RECOGNITION
Section I. The City of Boynton Beach hereby- recognizes the FOP as the exclusive collective
bargaining agent with respect to wages, hours and other terms and conditions of employment for all
employees in the b~gaining unit.
Section2. ~The.batga~ining unit ,for which }his recognition, is accorded is as defined in-the
certification:granted by the Public Employees Relations Commission dated March 18,. 1988. and
comprises all full-time police sergeants with the City of Boymon Beach. Excluded are all other
employees of the City.
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ARTICLE 2
NO STRIKE OR LOCK-OUT
Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants
from their positions, the concerted Stoppage of work, the concerted submission of resignations, the
concerted abstinence in whole or in part by any group of Sergeants fi:om the full and faithful
performance of their duties of, employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or demonstrating in
furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining
agreement.
Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee.
organization members, covered by tiffs Agreement, will instigate, promote, sponsor, engage in, or
condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing,
or any other interruption of the operations of the City.
Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and
responsibility in mmmaining and bring about compliance with this Article and the strike prohibition in
Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly,
the Union, its officers, stewards and other representatives agree that it is their continuing obligation and
responsibility to maintain compliance with this Article and the law, including their responsibility to
abide by the provisions of this Article and the law by remaining at work during any interruption which
may be initiated by others; and their responsibility, in event of breach of this Article or the law by other
employees and upon the request of the City, to encourage and direct employees violating this Article or
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the law to return to work, and to disavow the strike publicly.
Section 4.
Any or all Sergeants who violate any provisions of the law prohibiting strikes or of thisl
Article may be dismissed or otherwise disciplined by the City. and any such action by the City shall not
be gnevable or arbitrable under the provisions of Article 37- Grievance and Arbitration Procedures.
ARTICLE 3
NON-DISCRIMINATION
Section 1. The City and the Union oppose discriminatory behavior of any nature. The City and the
Union shall work jointly to ehminate discriminatory conduct in the work place, Discriminatory conduct
means words or actions which are derogatory, or insulting and make reference to age, race, gender,
religion or national original. To that end, the~ City and the Union agree that bargaming unit members
have an affamative duty to act against.dischminatory behavior when it occurs in their presence or comes
ro their attention. Discriminatory,conduct by an employee can result in disciplinary action up ,to and
including termination.
Section 2. Any claim of discrimination by an employee under this Article may be brought with the'
appropriate governmental agency, but may not begrieved under the Agreement.
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ARTICLE 4
DUES DEDUCTION
Section 1. Any employee covered by this, Agreement may authorize a payroll deduction ~for the
proposes of paying Union dues: Such authorization shall become effective upon acceptance bythe City-
of a fully executed dues deduction form from the employee. Employees who are currently members of
~ the,bargaining~mt ~need not exeeutea new duesauthorization card.
Section2,. r ~he Union willmotify the City as:to the mount of dues. Such notification to the City
-shall be from an official of the Union. changes in Union membership dues willbe certified to the City
at least thirty O0),days prior to the effective date of the change.
Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union'
treasurer once per month, not later than fourteen days after the end of the month.
Section 4. The effective date of deducting dues shall be the beginning of the pay period followin~
the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at th~
beginning of the pay period thirty (30) days following the date the revocation form ~s received by the
City,.
Section 5. The Union will indenmify and hold harmless the City- against any claims brought against
the City- based on payroll deductions of dues as provided in this Article.
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ARTICLE 5
UNION TIME POOL
Section 1. The City shall allow employees to donate time for the creation of a time pool for
utilization of designated union representatives for the conduct of union business within and outside (~f
the City. Use of time pool time may be denied if it will result in the City incurring overtime payments.
Time pool activities shall be limited to activity by union representatives for the following:
A. To assist an employeewho is required to appear at a heating related to a.gfievance;
B. To assist an employee who is presenting or responding to a grievance;
C. The employee is subject to interrogation in conjunction with an internal affairs
investigation;
D. To assist an employee who is attending a predetermination hearing.
E. Attendance at collective bargaining sessions as a team representative.
Section 2. In addition, members of the bargaining unit may donate in two (2) hour increments (on a
form designated by the City), not to exceed eight (8) hours each per year of vacation time to be used
toward the Union Time Pool.
Section 3. Union representatives shall be released from duty upon reasonable notice to the
Deparunent and upon the approval of the division or bureau commander or lieutenant. If the needs of
the Department do not permit the release of a particular employee as requested, the release of an
alternative member during the desired time shall be provided.
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ARTICLE 6 ~...-~
FOP REPRESENTATION
Section 1. Neither party in negotiations shall have any control-over the selection of the negotianng
or bargaining representatives of the other party. The parties shall, at their first bargaining session,
exchange a list of bargaining team members.
Section2. The-City, shall recognize UP To tw9 (2): FOP .representafi~e~ for the p~oses of
bargair~ng and~any bargaining team members shall be permitted to attend bargaining sessions which may
occur during their regular tours of, duty without any loss of pay but the time for more than two (2)
representatives will be charged to the Union Time Pool. The City shall not be required to provide
overtime to any employee attending negotiations.
Section 3. The parties agree that the FOP may establish a system of stewards providing for a chief
steward and an individual steward on each shitt and division represented by the bargaining anit."-"~
Stewards on duty shall be permitted reasonable release time with pay upon approval of the division or-'-
bureau commander or lieutenant for the purpose of processing any individual grievance or assisting
employees at investigatory or disciplinary interviews.
Section 4. When acting in their capacity as FOP representatives within the Department and not on
behalf of themselves, employees shall not be obligated to observe the Deparunental chain of command.
A representative may not refer au issue outside of the department without first presenting it to a senior
staff officer. This shall not relieve employees from observing the Departmental chain of command
except for receiving approval of release time with regard to their duty-related activities, notwithstanding
their position as an FOP representative.
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ARTICLE ?
BULLETIN BOARDS
Section 1. The Union shall be provided with the use of a Sergeant's Union bulletin board space at
one (1) location in the police building.
Section 2. The Union agrees that it,shall use the space on thebulletin boards only for the purposes of
posting notices of Union meetings; notices and results of Union elections; reports of Union committees;
rulings or policies of the Union; recreational and social affairs of the Union, and notices by public
bodies,
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ARTICLE 8
' REPRODUCTION
Section 1. The parties agree that all barg~g unit members covered by this Agreement shall be
provided one (1) copy of this Agreement by the City at no cost to the bargaining unit member.
Section 2.~ · ~Th~ City Will-pos~:the Agreement:oia.,the C itfs shared
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ARTICLE 9
RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION
The City of Boynton BeaCh agrees that all righm, of Law Enforcement Officers under investigation
detailed and granted by Florida~Statutes. Section 112.532, 112.533, AND 112.435 will be observed and
practiced.
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ARTICLE 10
M_A~NAGEIV[ENT RIGHTS
Section t. ~The Union recognizes that the City bbS the exclusive right to manage and direct the Pohce
Department. Specifically, but not byway of limitation, the City retains the exclusive right to: ~
A. Hire, promote, and lay off employees in accordance with the City of Boynton Beach
Personnel Policy Manual.
time to another.
Discharge and 'suspend employees for cause.
Transfer employees from one location to another, one shift to another, or one starting
Establish and change the starting and quitting times and the number of hours and shifts to
be worked.
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Assign and reassign employees.
Schedule and change the work to be performed by employees.
Formulate, implement and change Departmental policy, roles, regulations, and directives
which are not in conflict with the specific provisions of this Agreement.
Introduce new services, procedures, materials, facilities and equipment.
Mandate physical, medical, and drug testing in accordance with law. The City agrees to
use State Certified Laboratories for all drug testing.
Determine and change the equipment and materials provided to or not provided to
employees.
Add to or change the qualifications necessary for any job classification.
Create, alter or disband any units based upon the needs of the Department as determined
by the Police Chief.
If the City fails to exercise any one or more of the above functions from time to time it shall not be
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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.
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ARTICLE 11
DISCIPLINE AND DISCHARGE
Section 1.~ Employees may be disciplined only for just cause. No employee shall be disciplined
without notice of the charges settSqg forth the basis for such discipline.
Section 2. Employees shall have the oppommity to appeal disciplinary action in the manner set
forth in Article 37 of this Agreement.
Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due
process. Accordingly, it is recumbent upon the Police Chief to make a recommendation to the City
Manager for discipline within ten (10) days of the Police Chief's conclusion of the investigation.
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Section 1
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ARTICLE 12
RATE OF PAY
Those employees who are selected members of the SRT team shall be compensated an
additional 10% for hazardous duty when said team is actually called to duty. Members of the Vice,
Intelligence, Narcotics Units and Directed Patrol who are active shall receive a 5% pay supplement. No
employee shall receive more than one assignment pay.
Section 2. Effective October 1, 2001 and payable the first pay period following ratification of this
Agreement and for the term of this Agreement each bargainmg unit member who received an annual
evaluation score which "meets expectations" will receive a 6% base wage adjustment, Members who
receive a performance evaluation score which "exceeds expectation" will receive an additional 1%'
added to base (6%+1%). Members who receive a performance evaluation score of "outstanding" will
receive an additional 2% added to base (6%+2%). "Base" means the base annual salary the member was
receiving on 9/30/01.
Each bargaining unit member assigned to the 11.5 hour shift will receive a 8.5% assignment pay
for hours actually worked on the 11.5 shift.
Section The minimum salary for the position covered by this agreement during term of agreement
as follows:
l 0/1/01-9/30/02
$45,600
Section 3. The top out pay (maximum base annual salary) for the position covered by this agreement
during the term of this agreement is not capped.
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Section 4. When a Sergeant position vacancy is filled by lateral hire from another agency, the salary
for the new hire shall be based[on a recommendation by the Police Chief and established by the City
Manager, in consultation with the Human Resource Director, taking, into considergtion the needs of the
department and the experience of the new hire but, shall be within the minimum and maximum salaries
set forth above. .
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Section i
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.ARTICLE 13
ON-DUTY INJURIES
When an employee is totally disabled from duty for a period of no more than seven (7)
calendar ~days because of an injury determined to be compensated under the provisions of the Worker~'
Compensation Act, the employee shall be entitled to full regular pay. If the period of disability is greater
than seven (7) calendar days, the employee Will be eligible to receive a sum of money up to an mount
equal to the difference between his/her
home pay.
Section 2.
Workers' Compensation check and his/her normal net take
If the period of disability is greater than 180 days, the City may ask the Police Pension
Board to review said employee's disability case for retirement due to disability.
Section 3. Following three hundred sixty (360) days loss of duty due to a service-connected injury,
the City shall be authorized to dismiss the employee for physical inability to perform within the
employee's classification.
Section 4. The City shall attempt to provide light duty police work for employe~ disabled in the
line of duty.
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ARTICLE 14
CALL-BACK PAY
Section 1. In the evem that a sergeant is recalled.to duty anytime outside of his/her regular working
hours, the employee shall be compensated for the actual time worked but in no event less than three (3)
hours at time and one-half (1 t/2) the employee's regular rate of pay.
Section 2.. The Department. shal[.deye!op ~-a ca}~-back policy wtfich shall include the following
restrictions:
a. No member shall be eligible for call-back at the end of an 11.5 hours shift;
b. No member shall be called back if the ,call-back shift will be immediately
followed by an 11.5 hour shift;
C.
d.
designated emergency.
The principles of seniority shall be followed for call-back;
No employee shall work more than 16 hours in any 24 hour period, absent a ~
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ARTICLE 15
STAND-BY PAY
Section 1. Employees directed to be on stand-by status must be able to respond to a specified
location on duty within one (1) hour and shall be compensated at a mtnimum of one hour at time and
one-half (1 1/2) the employee's regular rate of pay for the first hour and one-half (1/2) the employee's
regular rate of pay for all remaining hours.
Section 2. In the event the unit member responds to a specified location,for duty, this section would
not apply and Article 14, Call-Back Pay, wou}d prevail. Therefore, Stand-ByPay will only be granted if
the unit member is on stand-by status and not called to duty.
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ARTICLE 16
COURT APPEARANCES
Section 1. Wtien required 'to.respond to court, deposition~ subpoena, or any other judicial or
administrative proceeding arising out of a member's duty as a police officer, and not involving the
officer'as a plaintiffor whose interest is affected by the plaintiff, the employee shall be paid a minimum
of three ~3) hours per day at t/me and one-half (1 1/2) the ~rnployee~s .regular rote:of pay, unless such
court appearar~ce~occurs during the~ employee s regular worldng hours.
Section 2. If court appearance is'contiguous with the end of the employee's shift, court time shall be
compensated as any other over time assignment.
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ARTICLE 17
BEREAVEME~-T LEAVE
Section 1. In the event of the death of the parent, foster parent, sibhng, spouse, child, grandparent,
grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse, domestic llfe
partner, and any permanent family member Of the household such employee shall be entitled to paid
compassionate,leave not toexeeed three (3) coasecutive calendar days. for any one death. However, if it
is necessary for the employee to leave the State of Florida in connection with the funeral of the
deceased, five (5) days compassionate leave shall be allowed. Additional leave may be authorized by the
Chief or his/her designee on a case-by-case basis, except that such additional leave .shall be debited
against the employee's accrued sick or annual leave.
Section 2. Employees must verify, in writing attendance at an out-of-state funeral in writing in-
order to be eligible for benefits under this Article. The City Manager may grant additional leave under
this Section.
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ARTICLE 18
SICK LEAVE
Section 1. Sick leave is earned and accrued on-an hourty basis: Employees shall earn ninety-six (96)
hours of sick leave per year at the rate of eight (8) hours per month. ,Use of sick leave will be charged
against a member's bank of accrued time on an hour for hour basis, The use of sick leave shall be in
accordance With the- City.of~Boynton Beact~ Personnel Po!icyManual~: Upon tenement pr separation of
service with the City of Boyn~tonBeach, at! accrued sick leave will. be paid out at the rate
Empioyees who have more than one-hundred-twenty (i20) hours of sick leave as of October 1. of
any contract year, may convert 50% of the excess over one hundred twenty (120) hours to acash straight
time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred'
twenty (120) hours not converted in this contract year may be cor~verted in the next contract year.
Section 2. It shall be the policy of the City to permit an employee the opportunity to donate accrued
sick leave time to a designated employee, provided the contributing employee has at least 120 hours
accrued sick leave, whenever extraordinary circttmstances require the designated employee to be absent
from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and
annual leave to the equivalent of his/her current annual earned vacation rate. Extraordinary
circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears
to be a need to share sick leave in accordance With this Article, the Union Steward will prepare a list of
bargaining unit members who are willing to contribute sick leave hours, confirming through the Finance
Department that the hours are available. Such list shall be submitted to the Payroll Administrator for
proper charge to sick leave records. The time charged Will be used in the order listed on the appropriate
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form supplied by the Union Steward.
Section 4. Sick leave use for medical appointment
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must be scheduled more than 48 hours in
advance and cannot be changed by the Departmem except in the event of a clear need by the
Department.
Section 5. No member shall be placed on restricted sick leave pr/or to being counseled by the
Division Commander informing the member.of.thereasons and allowing them an oppommity to explain
the situation. If after counseling,a problem continues, the member will be notified in writing and placed
on restricted sick leave. A member will be on restricted sick leave for a period of six (6) months. At
the end of six months, the member will be advised in writing if the Department intends on extending the
restricted sick leave.
Section 6. At the employee's option, provided the contributing employee has at least 120 hours of
accrued sick leave, the employee may convert sick time to vacation time not to exceed forty (40) hours,
to be transacted on the first month of the calendar year.
Section 7. Each bargaining unit member covered by this agreement is eligible to receive eight (8) hours
of additional leave for continuous attendance at work at the completion of each calendar quarter that the
bargaining unit member has not used sick leave during the previous quarter, nor has been absent from
work or on leave, other than those paid 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.
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ARTICLE 19
VACATION
Section l. Vacation is earned-and accrued on an hourly basis. Each full time:employee shall earn
vacation leave at the rates shown in the schedules outlined below. Use of vacation leave will be char~ed
against a member's bank of accrued time on an hour for hour basis. The number of hours credited per
year will'not'increase after the20m year o.f,service~uidess.the-schedule is-amende~l_ A,,bargaini~g unil
member shrill, upon' termination of employment with the City~ bepaid for unused accumulated vacation
leaVe.'FOr those bargaining unit members-hired prior to 1071/9t:
Years of,Service Vacation Hours Per Year
1 96
2 - 3 120
4 128
5 136
6 144
7 152
8 160
9 168
10 - 15 176
16 - 20 192
21+ 200
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For those bargaining unit members hired after 10/1/91:
Years of Service Vacation Hours
1 Year 48
2 years but less than 5 96
5 years but less than 10 120
10 years 136
10 years but less than 20 160
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Employees may accrue vacation leave to a maximum of the level earned in the most recent two
employment years. However, any mount over the allowable maximum that has not been used during that
fiscal year (October 1 - September 30) will be forfeited as of September 30.
Section 2. Seniority will prevail in the granting of vacations.
Section 3. Vacation requests may be submitted from forty eight (48) hours to thirty (30) days an
advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it
was submitted twenty one (21) days prior to the date or dates requested. Vacations of three (3)
consecutive shifts or less may be made within twenty-four (24) hours advance notice, provided that the
City Incurs no overtime in the granting of such request.
Section 4, Requests for emergency vacation leave shall be individually considered by the Chief of
Police.
Section 5.
No member shall be denied vacation nor shall vacation privileges be suspended or
canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined
in this Agreement.
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Section 6. All sergeants shall receive, in addition to the existing vacation accruals, 60 hours of..~_,.
personal time which may be used in four hour increments (non-accumulative and cannot create an
overtime situation). Denial of a request for usage is not grievable.
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ARTICLE 20
HOLIDAYS
Section 1. Holidays will be in accordance with the City of Boynton Beach Personnel Policy Manual.
Section 2.
Employees shall be paid for legal holidays. Those employees who work on a holiday shall also be at ume
and one-half rate. Those employees who are scheduled off for the holiday will be paid at straight time.
Employees must work their regular work days immediately before the after the holiday in order to receive
pay for the holiday or be in an authorized with pay status immediately before and after the holiday.
Section 3.
A. Holiday Conversion, Under this Article 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.
B. Members who sign up for this section must do so between October 1st and October 31st
of each contract year with the Bureau of Administration.
C. Members exermsing this option for conversion will be paid only straight time for the
hours worked on the holiday.
D. Members whose regular days off are on a holiday will receive their normal weekly pay.
E. 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 fimds
due fi'om the City.
F. Members may elect to take the holiday off and at their option deduct eight (8) hours
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vacation or take the holiday off without pay.
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ARTICLE 21.
FUNERAL EXPENSES
Section 1. The City will make a payment not to exceed $5,000 fur funeral costs 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 Human Resource Director or his/her
designee, designate by name and address, the individual to whom such, funds are to be paid.
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ARTICLE 22
MEDICAL EXPENSES
30
Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and
physical examinations by licensed physician approved by the City. Scheduling shal~ be at the discretion
of the Department and the results will become part o£the employee's permanent record. Said medical
~cOrds shall:be exemp~fi'om, public inspection, ~ provided by Chapter-1 I9, F~lorida:Statutes. The City
shall bear the cost of the examination.
Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency
Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have
been occurred in the line of duty shall be covered the same as any other duty injury.
Section 3. Beginning at the age of 30 and every other year thereafter, bargaimng un/t members shall
be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be performed at a
City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all
bargaining unit members at no cost to the member.
Section 4. The City shall bear the costs involving lead testing for the Range Instructor(s).
Section 5. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the
time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test shall
remain confidential.
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ARTICLE 23
UNIFORMS
Section 1. The City will supply those parts of the uniform that the City requires police sergeants to
wear on duty. The City will supply replacements for the parts of the uniform when replacement 'is
appropriate, as determined by the Chief of Police, and if adequate funds are available in the City's
budget.
Section 2. Effective on the date of the approval of this Agreement, sergeants who are members of
the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract
year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned
during each quarter to plain clothes duty. This allowance shall commence from the date of assignment'
on a pro-rate basis.
Section 3. sergeants assigned to plain clothes duty for more than three (3) months at a time will
receive a clothing allowance in accordance with the above for the three (3) months and pro-rated
thereafter.
Section 4.
contract year.
The City will bear the cost of cleardng ten (10) issued uniform p~eces per week for the
The City shall designate the only approved dry cleaning establishment. Plain clothes
Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the uniformed
sergeant. This will be paid at the end of each quarter of the contract year. This allowance shall
commence from the date of assignmem on a pro-rated basis.
Section 5. Sergeants assigned to plain clothes duty for more than three (3) months at a time will, for
that three months period, be given a cash cleaning supplement equivalent to that given sergeants and
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pro-rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the._~,
normal cleaning allowance for sergeants.
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ARTICLE 24
TRAINING
Section 1. Ali training required of the sergeant by the Police Department when off duty shall be
compensated at the rate of time and one-half (1 1/2) the employee's regular rate of pay, not including
seminars, conferences, schools and special programs.
SEction 2. The Police Chief will decide on 'the Department's training program according to his
judgment of the needs and requirements and potential for each member of the DepartmenT.
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PERSONNEL RECORDS
Section 1: All personnel records shall be maintained within the limits of and ~n. accordance with the
provistons of the Public Records Law.
Section 2. Consistent with State law, the City agrees that upon request, a member shall have the
· ~ ~right to ~s.p~c~t hisgr, her own personnel records whenever or, however kepty ~h¢ member Shal~ ~e~.the
fight to make ~¢plicate copi~ of his .or her own records at no: expense to the member No [ecord shall
be hidden from a member's inspection and m~mbers shall have the right to allow aayone of his or her
choosing to inspect the personnel records with written authorization. Members shall have the right to
respect any and all records used to evaluate, promote or in any other manner, classify or direct an.
employee within the provisions of the Public Records Law.
Section 3. A personnel file for all bargaining unit employees is maintained by the City Human
Resources Department. The City will purge these files of disciplinary actions in accord with the
appropriate Florida State Statute. The purging will take place when the Human Resources Department
notes that it is time for a record to be purged or when an employee, in writing brings the matter m the
attentionofthe Human Resources Director. An employee may request, inwriting, that specific items be
added to his/her Personnel file.
Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida
State Statutes and the Public Records destruction gm'delines.
Section 5. All bargaining unit members covered by tiffs Agreement must be notified in writing (E-mail
is acceptable notification) when someone other than a City employee requests to review the bargaining
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file.
unit members' personneVi. A.
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ARTICLE 26
SOLICITATIONS
No member shall be forced to attend or participate in solicitations for monies, membership or sales by
any outside group (charities. insurance companies, religious organizations, etc.) while on du.ty or at roll
call.
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ARTICLE 27
SAFETY .4aND HEALTH
Section 1. The City agrees that it will conform to all State and Federal laws concerning safety,
health, sanitation and working conditions, when said laws are specifically applicable to public
employees.
Section 2.
Protective devices, wearing apparel and other equipment necessary to protect employees
fi-om injury shall be provided and maintained in proper working condition by the City at no cost to the
employee.
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ARTICLE 28
USE OF CITY FACILITIES
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The FOP shall be entitled to the use of City facilities to conduct Union business at the same cost
assessed-tO other groups.
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ARTICLE 29
HOURS OF WORK AND OVERTIME
Section 1. The normal hours ofwork for bargaining unit members not assigned to the 11.5 hour day shall
be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours per day.
For those members assigned m an 11.5-hour day, the normal work period is a twenty-eight day,
one-hundred-seventy one hour work cycle. Time-and-one-half paid for alt hours above t71 hours
actually worked in that cycle.
For the purpose of calculating hours worked for overtime purposes, only the following categories
of leave shall be treated as hours worked:
Vacation time
Hours actually worked
B.
C.
Section 2.
No work schedule, days off, hours of work, etc., shall be changed primarily for the
purpose of avoiding the payment of overtime.
Section 3. No person shall be required to work more than sixteen (16) hours at one (1) time, except
in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a
natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other
incident which directly threatens the health and safety of the citizens of Boynton Beach.
Section 4. Any employee who works in excess of the normal work day or the normal work week
shall be entitled to pay, for those hours in excess of the normal work day or the normal work week, at the
rate of time and one-half (1 1/2) the employee's regular rate of pay.
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Section 5. One Sergeant per shift per day will serve in the capacity of Administrative Sergeant and
shall be entitled to receive 15 minutes of overtime pay for performance of tasks generic to their position
such as organization, shift preparatiqn and review of subordinates work.
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ARTICLE 30
SHIFT SELECTION
Section l. The Chief of Police or his/her designee shall have discretion to deternfine the number of
persons assigned to each shift and division within the Department.
Section 2. The City may designate the number of slots assigned to each shift. Thereafter the
employees shall choose slots by seniority. TheDepartment shall have discretion to change 'the junior
sergeant for training purposeS. The right, to select shift shall not apply topmbationapy sergeants.
Section 3. For the purposes of shift selection only, at the scheduled shift pick Acting Sergeants with
six (6) months or more eXperience in the position of Acting Sergeant shall be considered in the pick as
Junior Sergeant and shall fall in the shift pick accordingly.
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ARTICLE 31 ----~'~,
SENIORITY
Section 1': · Seniority shaltbe computed fi.om the date of promotion To sergeant. If two (2)sergeants
have the same date of promotion, the date of initial appointment to the service of the City as a police
officer shall be the determining factor.
Section 2: ~" '~:'Seniority. shatl:a¢cumulatedudng all authorized leaves~
Section 3. Seniority shall;:be the determining factor for: the selection of vacations and overtime
assignments.
Section 4; The City' shall have the fight to determine the number of sergeants assigned to each
division and each shit.
Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will
displace Junior Classes. An example would be: if a police sergeant's position is to be abolished, the ~
incumbent with the least seniority in the position of sergeant would displace a Police Detective, who
would displace a Police Officer, who would displace any probationary or provisional or temporary, or be
separated as the case may require.
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ARTICLE 32
TR.&NSFERS AND SI-lIFT CHANGES
Section 1~ No member shall be transferred nor have h/s/her shift or schedule changed, including
days off, without forty-eight (48) hours notice, except in time of emergency, as elsewhere defined in this
Agreement. If a member suffers a transfer or shift change, as defined in this Agreement, without forty-
eight (48) hours notice and without the consent of the employee, all time worked.on the first newly
assigned shift or workday shall be at the overtime rate.
Section 2. Members may request To exchange shifts, provided that the exchange is approved by the
members supervisor. Such approval shall not be unreasonably withheld. The City shall not be obligated
to pay overtime to accommodate the exchange.
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ARTICLE 33
GROUP INSURANCE
SeCtion 1. 'The City shall pay the~premium for aFiffy :Thousand Dollar ($50,000.00) life insurance
policy to all bargaining unix members at no expense to the~ employee. The. policy shall bear a dotible
indem~fy provision for death occurring in the line of duty. This shall be in addition to any other
benefit~ requirec~'0y State Or Federal-:law. · -
Section 2. The City shall pay for one hundred percent (100%1} of the cost of individual coverage in a
group health insuranc,policy for members of the bargaining unit..
Section 3. The Selection of a carrier or carriers to provide health and dental insurance coverage is a
managerial function reserved solely to the City. The City will use its best efforts to maintain health and'
dental coverage w?dch is substantially equivalent to the coverage in effect on the date of ratification 6f
this Agreement. Reductions in coverage are permissible and do not constitute a unilateral change o~
benefits under this Collective Bargaining Agreement, provided, in the event the total health and dental---
insurance benefit package is altered in a manner which increases either a bargmning unit members'
annual deductible by more than five (5%) pement over the deductible current at time of ratification or an
itemized co-payment by more than 25%, the union may reopen negotiations of this Article, by making
written request to the City Manager. The review and selection of insurance coverage shall be made on
an annual basis by the City. To that end, the City has formed an insurance comrmttee compnsed 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 committee shall meet annually in sufficient advance of the annual insurance benefit renewal
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as to have mearfingful input in that process. The final decision regarding selection of coverage is
reserved to the City, but the City shall strongly consider input and recommendations from the insurance
conumittee.
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ARTICLE 34
TUITION REIMBURSEMENT
46
Section 1 The Ci.ty shall provide an incentive in the' form of paid tuition and books for members
who choose to attend an accredited college or university.
Section 2. The member shall initially p~y and be reimbursed by the City upon presentation of
docuraented completion of the course. College and/or University program must be initially approved bY
the City Manager.
Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% of the cost of a
course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. In the'
event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory
grade and will be reimbursed for 100% of the cost of the course.
compensation for grades below a "C".
Employees shall receive no~ '~
Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public
administration, or any other similar police profession discipline that may, in the opinion and with the
approval of the City Manager enhance the member's performance as a law enforcement officer.
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ARTICLE 35
DEPARTMENTAL POLICIES, RULES AND REGULATIONS
Section 1. It is agreed and understood that the Police Department currendy has policies, rules and
regulations governing employment. The formulation, amendment, revision and implementation of any
role shall not be arbitrary or capricious. In the event of a conflict between the rules and specific
provtsions'Of this Agreement, the Agreement shall control.
Section 2. In the event the City wishes to amend, revise or ~mplement any new rule, it shall give ten
(10) days notice to the Union.
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ARTICLE 36
SPECIAl DETAILS
Section l. Off-duty police employment shall be defined as,any, police-related duty that is performed
or administered by a sworn employee which is paid for by a rprivate entity, through the City of Boynton
Beach.
Section 2.
When City facihties are used by othe~ agencies, or ggrsons,~ any: desked,.security
arrangements shall be at the option of the user, If the user and/or t~e City determines that certified
police officers are to be required at any public event, only Boynton Beach Police D~-parrment personnel
shall be used.
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ARTICLE 37
GRIEVANCE AND ARBITRATION 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 this
Article.
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.
By way of example: When a grievance is advanced tothe Police Chief on
January 1s~, the Police Chief must respond by January 21st. If the Police
Chief responds to the Grievant on January the 3rd, and the Grievant is not
satisfied with the Chief's determination, the Grievant has ten (10) days
from January 3rd to request appointment of an arbitrator. If the Police
Chief fails to respond by January 21s~, theGrievant has ten (10) days from
January 21s~ to request appointment of an arbitrator,
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:
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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 andSection of the Agreement in ~spute. set ,forth detailed~ facts explaining how
the Article and Section has been misapplied by the City, andstate tke relief sought by the
grievant. The gr/evance form shall be filed with the gdevant's immediate supervisor. In
:the case ora class grievance ,filed by~h~ Union the ~evance form~shatl be.filed with the
Police Chief.
Step 2. The immediate supervisor shall review the grievance and make a written
recommendation for disposition of the grievance to the Police Chief within five (5), days
of~eceipt of the grievance.
Step 3. The Police Chief shall review the grievance and render a written decision within
twenty (20) days of the filing of the grievance with the immediate supermsor. 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 Chiefs disposition or the expiration of the time period for the Chief's disposition
in the event the Chief does not render a decision._
Step 5. The City Manager shall review the grievance and render a written decision within
twenty (20) days of the filing of the grievance with the City Manager. The City Manager
51
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 ~mployee is not satisfied of the.disposition of the grievance by the
City Manager, or if there is no disposition by the City Manager in a timely fashion, tile
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 inthe event the City Manager does not render a decision.
Step 7. The grievant's request shall commence with a written request the Federal
Mediation and Conciliation Service to submit a list of names of five (5) 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 in this Agreement.
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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 arbitrabitity 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 arbifrat~on hearing on the g~evanoe itself::~ If the, Cit-y raises the question of
arbitriibility ~'and t6ses :that-determinati0n, the City shall pay the cost of the arbitrator. If the City raises
the question 0farbitgability 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 appointmem.
Section 3. In the event a parry seeks continuance of an arbitration heating once set, the requesting
party shall pay any fee charged by the arbitrator for resetting the heating.
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
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nor issue declaratory opinions and shall confine himself/herself exclusively m the issues presented,
which must be actual and existing:.
:Section 5, The arbitrator shall render a written decision within thirty (30) days of the close of the
arbitration heating or submission of post hearing briefs, whichever occurs last.
DISCIPLINARY APPEALS
Section 1. Discipline is classified as either major or minor as follows:
MAJOR: Termination
Demotion
Suspension without pay-more than two (2) days
No employee shall be subject to major discipline without first being afforded a pre-determination.
conference with the City Manager or his/her designee. No pm-determination conference shall be
conducted with less than ten (10) calendar days notice to the employee.
MINOR Written reprimand
Suspension without pay - two (2) days or less
Section 2. Appeals of disciplinary action shall be handled as follows:
A. Major discipline may be appealed to an arbitrator, by using the same procedure
for appointment of an arbitrator as set forth in this Article. The request for appointment of an arbitrator
must be made in writing within ten (10) calendar days of notice of 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.
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Written reprimands may not be appealed but the employee may submit a written
response to a written reprimand provided the response is submitted within ten (10) days of the written
reprimand. If a written response is submitted by the employee, it slmll be attached to the written
reprimand and placed in the employee's personnel file.
D. Suspensions without pay of two (2) days or less may be appealed to the Human
Resource Manager Whose deciSion'shallbe final. An appeal shall'be filed in ~riting 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 may be to either sustain, reverse, or. modify the discipline, ha no event shall the
Human Resource Manager's decision increase the discipline to more than a suspension without pay of-
three days. The Human Resource Manager make conduct interviews with .the grievant, departmental
staff, or members of the bargmning unit as part of his/her investigation of the discipline:
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ARTICLE 38
PAST PRACTICES
All employment practices 1/~sted below shall remain.in effect:
A. Lockers.
B. Locker room shower, gym.
C. Shoes every six (6) months,
D. Provide weapons, eqmpmem, gear appropriate to
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.
J. Three (3) complete uniforms per year, as needed.
55
assignmem.
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ARTICLE 39
56
ENTIRE AGREEMENT
The parties agree that this Agreement constitutes the full and complete understanding o£the:panies. TI'ds
Agreement cannot be changed or altered unless it is by mutual consent by both parties~ in writing.
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ARTICLE 40
PERSONAL VEHICLES
Section 1, When an employee is required to use his/her personal vehicle in the performance of
po[ice 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 oftlais Artic[e,:the performance o£p01ice duties shall include attendance
at court, depositions, administrative hearings, conferences with City officials, schools and seminars.
Section 3. When a bargaining unit member is permitted to take a City assigned vehicle home. use
shall be limited to coming and going from home to work and no deviations for non-essential (i.e. not
related to work) personal errands.
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ARTICLE 41
QUALIFICATIONS FOR A BARGAINING UNIT POSITION
58
EligibiliW for hiring or promotion to position in the bargarning unit shall be as follows:
A. Tkree (3) years of experience as a law enforcement officer~with the City of Boynton
- -Beact~,~Ynit~d~ates:mi{~tarypolice;any;law enfotcementagency, or anycornbin~a~on;
thereof.
B. Mum possess on effective date of hire and thereafter maintain FDLE certification.
C. Must possess on effective date of hire and thereafter maintain a Florida drivers license.
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ARTICLE 42
TEMPORARY ASSIGNMENT
Section 1. Sergeants acting in the capacity of Watch Commander shall be paid five percent (5%)
above the sergeant's regular rate of pay.
Section 2. The provisions of this Article shall not apply to persons performing other than regular
road patrol duties, including details.
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ARTICLE 43
SAVINGS CLAUSE
-Section I. ~ ~ If an3' Article or section of this Agreement should be determined by a court of competent
jurisdiction m fie in conflict with any existing or subsequently enacted legislation or judicial decision, all
other Articles and sections of this Agreement shall remain in full force and effect with it being presumed
to be the intent of the parties that the,invalid language be sfficken, .,:,~ r,~,: ~ .
Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the
purpose of negotiating a substitute provision.
Section 3. All new hires, promotions and appointments will have a one (1) year probationary term.
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ARTICLE 44
CHEMICAL TESTING
Section 1. The City agrees to use State Certified Laboratories for all drag testing. Drug and alcohol
testing may be conducted on either a reasonable suspicion basis or at random, Standards for testing End
retesting shall be as set forth in Florida Administrative Code, Florida Statutes and the Drug Free
Workplace policy adopted by the City_ o£Boynton Beach.
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ARTICLE 45
Section 1.
DURATION OF AGREEMENT
This agreement shall be effective on ratification by both and shall continue in full force
and effect up through and including September 30, 2002..
Agreed to this /q((~ day of [')(4P~tq~ , 2001
, by and between the respecuve
parties through the authorized representatives of the Union and the City.
~itness C'4,~5~5~:/14. w'Z/5[
Witness
POLICE SERGEANTS
Chief l~?esentative
CITY OF BOY;NTOI%B!ACIi
APPROVED AS TO FORM:
Ratified By City Commission
ATTEST:
2i.2.2.2.2.2.2.2.~omey Ratified by Union
II-oG - ol
Date
10-1 ~'0 I
Date
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