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2003-053 PBA -Lieutenants Agrmnt. effective 10/1/02 - 9/30/03• RESOLUTION 53-2003 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE VILLAGE AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION -LIEUTENANTS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with Palm Beach County Police Benevolent Association -Lieutenants, which Agreement has an effective date commencing October 1, 2002, and expiring September 30, 2003. The Agreement is attached as Exhibit "A". Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Palm Beach County Police Benevolent Association -Lieutenants set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER, 2003. ,unn,~ ~~A ,. , ;;` ~,i ~',... `: ATTEST: • • COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION LIEUTENANTS 2002 - 2003 • TABLE OF CONTENTS • ARTICLE 1. PREAMBLE ARTICLE 2. ASSOCIATION RECOGNITION BARGAINING UNIT ARTICLE 3. DISCRIMINATION ARTICLE 4. VALIDITY ARTICLE 5. WORKER'S COMPENSATION ARTICLE 6. HEALTH INSURANCE ARTICLE 7. NO STRIKES - NO LOCKOUTS ARTICLE 8. MATERNITY LEAVE ARTICLE 9. PAID BEREAVEMENT LEAVE ARTICLE 10 . MILITARY LEAVE ARTICLE 11 . SICK LEAVE ARTICLE 12 . COURT APPEARANCES ARTICLE 13 . MANAGEMENT RIGHTS ARTICLE 14 . SENIORITY ARTICLE 15 . PAID VACATIONS ARTICLE 16 . PAID HOLIDAYS ARTICLE 17 . GRIEVANCE PROCEDURE ARBITRATION ARTICLE 18. DISCIPLINARY APPEALS ARTICLE 19. ASSOCIATION ACTIVITIES ARTICLE 20. RULES, REGULATIONS, DIRECTIVES ARTICLE 21. BULLETIN BOARD ARTICLE 22. SCHEDULED HOURS OVERTIME PAY ARTICLE 23. COMPENSATORY TIME ARTICLE 24. PUBLIC SAFETY CONTINUING EDUCATION ARTICLE 25. WORK ASSIGNMENT OUT OF GRADE ARTICLE 26. MEDICAL EXAMINATIONS ARTICLE 27. UNIFORM AND CLOTHING ALLOWANCE ARTICLE 28. VEHICLES AND EQUIPMENT ARTICLE 29. PERSONNEL FILES -COMPLAINTS ARTICLE 30. PROCEDURAL RIGHTS ARTICLE 31. WAGES ARTICLE 32. TRAINING ARTICLE 33. PROBATIONARY EMPLOYEES ARTICLE 34. CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ARTICLE 35. DURATION APPROVAL SIGNATURE PAGE • 2 ARTICLE 1. • PREAMBLE This Agreement is between THE VILLAGE OF NORTH PALM BEACH, a municipal organization, hereinafter referred to as "VILLAGE" and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, hereinafter referred to as "ASSOCIATION", for the purposes of promoting harmonious relations between the two parties, to establish an orderly and peaceful procedure for settling differences which may arise, and to set forth the basic and full Agreement between the parties concerning wages, rates of pay, fringe benefits and other conditions of employment. • 3 ARTICLE 2. • UNION RECOGNITION BARGAINING UNIT 1. The VILLAGE recognizes the ASSOCIATION as the certified bargaining agent for the regular full-time employees designated as lieutenants, as indicated in PERC Order No.90 -925 issued on November 27, 1990 or as modified by PERC. 2. The term "employee" in this Agreement means those individuals employed by the Village in positions represented by the ASSOCIATION regardless of membership in the ASSOCIATION. • 4 ARTICLE 3. • DISCRIMINATION 1. Neither the VILLAGE nor the ASSOCIATION shall discriminate against or in favor of any employee because of race, creed, color, national origin, marital status, sex, age, disability, or political affiliation in violation of any federal, state or local law. 2. There shall be no discrimination against any employee because of activity or membership in the ASSOCIATION. 3. There will be no discrimination against any employee for adherence to any provision of this Agreement or refusal to comply with any order, which would violate this Agreement. 4. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. 5. The right of the employees to belong to, participate in, or refrain from belonging to the ASSOCIATION shall not be prohibited, abridged or intertered with. 6. The ASSOCIATION will not discriminate with regard to representation of its members or with regard to terms and conditions of membership because of race, creed, color, national origin, marital status, sex, age, disability or political affiliation in violation of any federal, state or local law. 7. The VILLAGE and the ASSOCIATION agree that the provisions of this Agreement shall be applied to all employees without regard to race, creed, color, national origin, marital status, sex, age, disability, or political affiliation in violation of any federal, state or local law. • 5 ARTICLE 4. • VALIDITY If any non-monetary provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. In the event a monetary provision of this Agreement is held invalid, the parties, at the request of either party, shall meet as soon a practicable and reopen negotiations of the monetary provisions of this Agreement. • 6 ARTICLE 5. • WORKER'S COMPENSATION 1. The VILLAGE will carry Worker's Compensation coverage for all employees covered by this Agreement in accordance with the law. 2. No benefits or payment under this Article shall be made where the disability is self-inflicted, or the disability continues as a result of the employee's failure to fully cooperate with medical advice or corrective therapy, or where drugs/alcohol are present at the time of the injury. 3. In the event of an on-the-job injury determined to be compensable under the provisions of the Workers' Compensation Act for a regular full-time employee, said employee will be carried at full pay up to 180 days per year less any workers' compensation benefits. In order to be considered for this injury in line of duty benefit, the following conditions must be met: A. The employee must provide written testimony of evidence that his injury was received in the line of duty. An injury received while the employee is attending a department approved school or training program shall be considered a line of duty injury. B. Any employee who has a claim for compensation because of an injury on the job as described above shall fife a claim, on the form provided by the VILLAGE, with the Director of Public Safety. C. Any employee who is able to return to work after a job related injury shall be reinstated to his former job, provided he is qualified to perform all of the duties and responsibilities of his previous position and is certified by a medical doctor prior to the employee returning to work. The VILLAGE may require confirmation of fitness to return to work. D. If he is unable to assume his former responsibilities, the employee shall have first preference to fill another VILLAGE Public Safety position, if a vacancy occurs, and the employee qualifies for such position. E. Nothing herein shall require the VILLAGE to create a light duty position when there is no operational or fiscal justification for its creation. • 7 ARTICLE 6. . HEALTH INSURANCE 1. The VILLAGE agrees to pay one hundred percent (100%) of the medical, dental and hospitalization insurance premiums for the employee and fifty percent (50%) of the employee's dependent's medical, dental and hospitalization insurance. The VILLAGE shall apply all premium contributions paid by, or withheld from the employee to the cost of the employees' dependents' coverage. 2. A $200.00 per person deductible will apply to medical and hospitalization claims. A $100.00 per person deductible will apply to dental claims, subject to restrictions and qualifications of the self-insurance plan or if the managed care dental plan is selected, a co-pay for services (with no deductible) may be charged. Benefits will be those that are set forth in the insurance Master Plan distributed to all employees. 3. It will be the responsibility of the employee to notify the VILLAGE in writing within thirty (30) days in the event that dependent coverage is no longer required due to a change in marital status or for any other reason. Should the employee not notify the VILLAGE of said change, the employee shall reimburse the VILLAGE for the amount paid for his dependent insurance coverage premium from the date of status change. 4. The VILLAGE retains the right to determine the insurance carrier or it may self-insure if it so desires. 5. Prescription Plan. The VILLAGE will make available a Prescription Drug Plan as follows: A. All prescription drugs authorized by the plan, in order to be covered, must be purchased with the prescription drug plan card. If rejected, claims may be submitted to the insurer and will be processed accordingly. B. Prescription drugs authorized by the plan that are purchased at participating pharmacies will be discounted. The co-payments paid by the employee are not applied to the deductible under the Medical Plan. • 8 ARTICLE 7. • NO STRIKES - NO LOCKOUTS 1. It is mutually agreed by the parties hereto that throughout the life of this Agreement, there shall be no strikes or stoppage of work. 2. The parties agree to comply with Florida State Statutes regarding any strikes or stoppages of work. r1 LJ 9 ARTICLE 8. • MATERNITY LEAVE 1. Whenever an employee shall become pregnant, she shall furnish the Director with a certificate from her physician, stating the approximate expected date of delivery. Such notice shall be given not less than thirty (30) days before the date the leave is to begin. 2. She may continue to work in her regularly assigned job classification until her physician certifies that she is no longer able to perform the essential functions of that job. Maternity leave shall start with cessation of actual work and continue for a period not to exceed six (6) months, provided that in all cases an employee shall be permitted to take at least twelve weeks leave after the actual delivery. If the employee desires to be paid while on maternity leave, paid leave shall be exhausted in the following order: sick leave, vacation, other personal leave. 3. Maternity leave may be extended if medically necessary, as determined by the employee's doctor. 4. Nothing herein shall prohibit an employee from requesting and receiving a pre-delivery or post-delivery accommodation as requested by the employee's doctor, under ADA standards for any disability associated with, or caused by her pregnancy. C~ 10 ARTICLE 9. • PAID BEREAVEMENT LEAVE 1. The VILLAGE agrees that when a death is imminent or occurs in the family, (family as herein defined): father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, foster parent, nephew, niece, aunt, uncle, first cousin, step-father, stepmother, step-brother, step-sister or step-child of the employee. 2. An employee scheduled for five (5), eight (8) hour days, shall be allowed three (3), eight (8) hour days of bereavement leave with pay for purposes of bereavement. A request for additional time may be granted, subject to the discretion of the VILLAGE Manager or his designee. • 11 ARTICLE 10. • MILITARY LEAVE 1. Employees who are members of the U.S. Armed Forces Reserves or the National Guard will be granted leave in accordance with state and federal law, including travel time, for the purpose of attending annual active duty for training. 2. A copy of employee's Military Orders are to be forwarded to the Director or VILLAGE Manager prior to taking military leave. • 12 ARTICLE 11. • SICK LEAVE 1. Sick leave will be paid when the employee is absent from duty due to the following reasons: An employee's injury or illness or necessary medical treatment which precludes him or her from reporting for duty; Any injury, illness or necessary medical treatment of an employee's spouse, child, step-child or parent who resides in the employee's home which requires the employee's help to care for him or her or to obtain the necessary medical treatment. 2. The employee will certify on the appropriate Personnel Action Form upon his or her return to duty that he or she was not able to report for duty due to one of the above reasons. 3. Employees will accrue 8 hours of sick leave per month for a total of 96 hours per year. Accruals and deductions will appear on the employee's pay stub. An employee on paid sick leave shall continue to accrue all benefits as if on actual duty, except that paid sick leave shall not be considered days worked for overtime purposes. 4. A member's bank of accrued sick time will be adjusted using the following formula, when the member is assigned to a different shift schedule, excluding temporary assignments: The formula for converting sick leave from the 53 hour accrual rate to the 40 hour accrual rate is as follows: Number of sick leave hours accrued (53 hour accrual rate) divided by 24 times 8 = number of sick leave hours to be paid (at 40 hour pay rate) Example: Sick hours accrued (53 hour rate) = 288 hours Divide sick hours by 24 = 12 days (288 hours/24) Convert sick hours to 40 hour accrual = 96 hours (12 days x 8) After the conversion, any sick leave pay to an employee is paid at the 40 hour pay rate. 5. Sick leave may be accumulated with no maximum. Any employee who • voluntarily terminates employment, or who retires or dies while in the service of the 13 VILLAGE, shall receive payment equal to fifty percent (50%) of up to a maximum of • sixty (60) unused accrued sick leave days (which equals a maximum of thirty (30) days payment). Sick leave days will be converted to eight (8) hour days before pay out. This payment provision does not apply to any employee who is discharged for cause. A deceased employee's pay for sick leave shall be paid to the estate of the decedent. 6. Sick Leave Reimbursement A. Employees who have accrued forty eight , (48) days of sick leave ("minimum base") may request reimbursement for sick leave accrued over the minimum base. Reimbursement by the VILLAGE will be on a 50% basis for every sick day above the minimum. Sick leave days will be converted to eight (8) hour days before pay out. B. Sick leave reimbursement is a voluntary right of the employee. An employee can only submit a request once per year during the month of May. The VILLAGE will reimburse the employee no later than November 30 of each year. C. The Finance Director will be responsible for establishing a reimbursement form and accounting for the base and other data necessary to financially administer this program. D. The employee will be required to sign acertificate/affidavit confirming that the reimbursement for the sick leave is final and will not be subject to the grievance process. • 14 ARTICLE 12. • COURT APPEARANCES 1. Any member required to attend a judicial matter arising from the performance of his/her duty shall be compensated for said services as follows: A. Attendance while on duty, payment at regular pay scale. B. Attendance while off duty, payment of one and one-half hourly rate. C. A minimum guarantee of two (2) hours payment will be made for any appearance under this article to an employee who is off duty on the day of the appearance but the appearance is more than two (2) hours before the beginning or more than two (2) hours after the end of the employee's shift. If the employee is on duty on the day of the appearance but the appearance is less than two (2) hours before the beginning or less than two (2) hours after the end of the employee's shift, the employee will be paid for the actual time spent attending the judicial matter. D. Witness fee shall be retained by the officer. 2. Members who are required to attend a judicial matter arising from performance of his/her duties shall give notice to the Public Safety Director and the VILLAGE Attorney. Rescheduling may be requested and coordinated by the VILLAGE. 3. Payment shall be made as soon as possible (by the next) payroll period following completion of the service. 4. Travel in excess of twenty (20) miles outside the perimeter of the VILLAGE shall be compensated as one (1) hour of wages for the employee concerned. I~ 15 ARTICLE 13. • MANAGEMENT RIGHTS 1. It is recognized and agreed that, except as specifically stated herein, the VILLAGE retains whatever rights and authority it possessed prior to entering into this Agreement, including but not limited to the right to operate and direct the affairs of the VILLAGE and its Public Safety Department in all its various aspects; to direct the working forces; to plan, direct, and control the operations and services of the Department; to determine methods, means, organization and personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline, or discharge for just cause; to relieve employees for lack of work or for other legitimate reasons; to make, establish, and enforce rules and regulations; and to change or eliminate existing methods, equipment, or facilities (provided, however, that such actions are not inconsistent with the terms of this Agreement) . 2. The ASSOCIATION and the VILLAGE recognize that the residents of North Palm Beach are entitled to receive services at the highest possible level, subject to budget constraints. Therefore, the ASSOCIATION pledges that it will encourage employees to increase their productivity and raise their individual level of service in order to provide and maintain the delivery of services at the highest possible level. 3. The ASSOCIATION agrees that all employees covered under this Agreement shall comply with all VILLAGE Personnel Rules and Regulations, including those relating to conduct and work performance. Except where the Agreement conflicts with said regulations, the Agreement terms remain in effect. 4. If at the discretion of the VILLAGE Manager or his designee, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the VILLAGE Manager, or his designee, during the time of the declared emergency, provided that the wage rate and monetary fringe benefits shall not be suspended, 5. Those inherent managerial functions, prerogatives and policy making rights which the VILLAGE has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. • 16 ARTICLE 14. • SENIORITY 1. Seniority shall be defined as length of service in position (i.e. lieutenant) with the VILLAGE Public Safety Department. 2. Seniority will govern selection of vacation schedules and preference in working overtime, provided the Public Safety Director has the final authority to over-ride seniority for extraordinary operation reasons and his decision in that regard is not grievable. When the Public Safety Director over-rides a request based on seniority, he shall inform the requesting party in writing of the basis of his decision. 3. When the Department requires overtime work to fill a vacancy, the overtime assignment shall first be offered to an employee who is already on duty. If no employee on duty is able or qualified to work the overtime assignment, off duty personnel will be called. In either circumstance the overtime assignment shall be offered on the basis of seniority, using an "overtime wheel." The overtime wheel shall function to identify employees in order of seniority with the Public Safety Department. 4. Scheduled overtime shall be distributed to all qualified employees who wish to participate on an overtime wheel. If an employee refuses his or her turn on the wheel, he or she will be charged as if he or she had worked and will go to the bottom of the overtime eligibility list. With each opportunity to work overtime, only one employee may pass on the opportunity to work the overtime assignment. When an employee passes, the next employee on the list may be ordered to work the overtime assignment. 5. In the event of a layoff, an employee may displace the employee with lesser seniority in a lower classification provided the employee has prior service in said lower classification and provided further that the following factors are substantially equal: A. Sufficient ability and qualifications to perform the work. B. Performance evaluation. C. Physical condition and job attitude. 6. In the event of substantial inequality of these factors as between employees in the same classification and department, the employee with the higher values of factors A, B, and C in the aggregate, shall be retained. 7. An employee shall be recalled in inverse order of layoff. 8. An employee shall lose his seniority as a result of the following: • A. Termination 17 B. Retirement • C. Voluntary resignation D. Layoff exceeding six (6) months E. Failure to report to the VILLAGE Manager, or his designee, intention of returning to work within three (3) days of receipt of recall, as verified by certified mail, return receipt. F. Failure to return from military leave within the time limits prescribed by law. G. Failure to return from an authorized leave of absence upon the expiration of such leave. 9. Seniority shall continue to accrue during all types of leave approved by the VILLAGE. ~J 18 ARTICLE 15. • • PAID VACATIONS 1. Vacation days accrue but may not be taken during the first year of service. Exceptions to this general rule may be made by the Director in his discretion. All personnel who have completed one (1) year or more of full-time service shall be entitled to take vacation with pay in accordance with the following accrual schedule: LENGTH OF SERVICE Less than 7 Years 7 Years but less than 12 Years 12 Years and over DAYS OF VACATION 80 hours 120 hours 160 hours 2. Vacation, sick leave, or any other paid leave, shall be included in the computation of the one year of required full service. 3. All employees twice yearly shall select vacations. Initial selection of vacations will be by seniority within the classification. If a bargaining unit member chooses to change the vacation selection, he must then wait until the vacation list passes through all other remaining members of the classification, at which time he or she shall then be eligible to change the selection. 4. In the event a paid holiday should occur during an employee's vacation period, the employee shall receive an additional duty day off with pay. Employment terminated without cause, or by layoff, or by retirement, illness or injury shall not affect payment of earned vacation time. An employee shall not lose his vacation with pay, if incapacitated due to an injury or illness incurred in the line of duty. The vacation time shall be reassigned upon return to duty. 5. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation days. 6. Vacation days shall be credited and reported per pay period, to indicate hours accrued less hours taken, reflecting net vacation hours available per pay period. 7. A member's bank of accrued vacation leave will be adjusted using the following formula, when the member is assigned to a different shift schedule, excluding temporary assignments: 19 • The formula for converting vacation leave from the 53 hour accrual rate to the 40 hour accrual rate is as follows: Number of vacation hours accrued (53 hour accrual rate) times 2, divided by 3 = number of hours to be paid (at 40 hour pay rate) Example: Vacation hours accrued (53 hour rate) = 120 hours Convert vacation hours to 40 hour accrual = 80 hours (120 hours times 2, divided by 3) After the conversion, any vacation leave pay to an employee is paid at the 40 hour pay rate. 8. The maximum number of vacation days an employee may accrue is the unused days accrued during the employee's previous two (2) year period. Any employee, other than an employee who is discharged for cause, who voluntarily terminates, retires or dies while employed by the VILLAGE, shall receive payment equal to one hundred percent (100%) of the unused days of vacation accrued during the two year period prior to termination, retirement or death. Vacation leave days will be converted to eight (8) hour days before pay out. • 20 ARTICLE 16. • • PAID HOLIDAYS 1. The following days shall be considered paid holidays, and all employees will receive pay for these days even if they do not work: New Year's Day Memorial Day Independence Day Labor Day Martin Luther King Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day Christmas Eve Christmas Day President's Day 2. In the event an employee does work on any of the above named holidays, the employee shall be paid eight (8) hours of straight time compensation plus time and one-half the regular rate of pay for all hours actually worked. 3. If a holiday occurs when an employee is absent from work on paid leave under this collective bargaining agreement or other personnel rules, regulations or departmental directives, the employee shall be paid an additional eight (t3) hours for the holiday at his/her regular rate of pay. 4. Except for absence due to the instances cited above, holiday payment is subject to the employee working his/her regularly scheduled shift on the day prior to the holiday and his/her regular scheduled shift on the day following the holiday. An employee entitled to overtime compensation may receive compensatory time off in lieu of pay at straight time for holidays. 21 ARTICLE 17. • GRIEVANCE PROCEDURE ARBITRATION 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is specifically agreed and understood that there shall be a procedure for the resolution of disputes between the parties. For the purpose of this Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation or application of this Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary action unless otherwise grievabce. If the dispute is not covered by the grievance procedure as set forth in the Agreement then the dispute shall be processed as set forth in Article 18: 2. For the purpose of this Article, time is considered to be of the utmost importance. Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the VILLAGE within the time limits provided below shall be deemed resolved in favor of the grievant. 3. Grievances shall be presented in the following manner: Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, he shall first discuss the alleged grievance with the immediate supervisor, and may be accompanied by a representative of the employee's choice, if so desired. This first discussion shall take place within ten (10) calendar days of the occurrence of the events which gave rise to the alleged grievance, or within ten (10) calendar days of when the employee knew or should have known of the existence of the events giving rise to the alleged grievance. Step 2: In the event that the employee is not satisfied with the disposition of the grievance at Step 1, he may file a formal grievance, on a form approved by the VILLAGE. Such a grievance must be filed within ten (10) calendar days after the informal discussion is held at Step 1. Said grievance must be in writing, must be signed by the employee or the Union as his representative and must contain: (a) the date of the alleged grievance; (b) the specific article (s) of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievances; and (d) the relief requested. The formal grievance shall be submitted to the Public Safety Director or his designee. The Public Safety Director shall, within ten (10) calendar days after the receipt of the formal written grievance, render his decision on the grievance in writing. The Director shall reply in writing within ten (10) calendar days of receipt of the grievance. Failure by the Director to reply within the time period shall be held to be an approval of the grievance and the remedy sought • 22 Step 3: In the event that the employee is not satisfied with the disposition of the • grievance by the Public Safety Director at Step 2 he/she shall have the right to submit the grievance to the VILLAGE Manager within ten (10) calendar days after the disposition. Such grievance must be accompanied by the filing of a copy of the original written grievance. The VILLAGE Manager shall, within ten (10) calendar days of receipt of the grievance, render his decision in writing. If the VILLAGE Manager shall fail to reply in writing, such failure shall be deemed as an approval of the merits of the grievance or dispute and the remedy sought. 4. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the ASSOCIATION and the VILLAGE, it shall be presented directly at Step 3 of the grievance procedure, within the time limit provided for the submission of the grievance at Step 2, and signed by the aggrieved employees or the ASSOCIATION representative on their behalf. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, either party may submit the grievance to arbitration within ten (10) calendar days after the VILLAGE Manager's disposition of the grievance. Such request shall be in writing to the other party, and if delivered by mail, postmarked within ten (10) days of the VILLAGE Manager's disposition of the grievance. The arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the party seeking the appointment of an arbitrator shall, within five(5) days, request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in alternating fashion, until the parties select a neutral or impartial arbitrator. The party striking first shall be determined by the toss of a coin. The selection process shall occur within five (5) calendar days of receipt of the panel list. 6. Whenever the grieving party is satisfied with the disposition of the grievance at any step of the grievance procedure, or if the grieving party does not process the grievance in accordance with the specified time limits, processing of the grievance by the VILLAGE will automatically stop. However, a grieving employee may not partially accept and partially reject a disposition of his grievance. The employee must either accept or reject the disposition of his grievance, in its entirety. Thus, for example, if any employee grieves a termination, and is ordered reinstated without back pay at one of the steps of the grievance procedure, he may not accept the reinstatement and continue to grieve the loss of back pay. His only choices would be to accept the disposition of his grievance, or remain discharged and pursue the grievance further. 7. For the purposes of this Article, the term "calendar day" is defined to include every day except Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of whether the grievant is on duty or off duty. • 23 8. The time limits contained herein are to be strictly adhered to and may only be • extended by written agreement between the parties. 9. The VILLAGE and the ASSOCIATION shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will determine the statement of the grievance, provided, however, that the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Article, except to the extent as specifically provided herein or expressly agreed to by the parties. 10. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question(s) presented to him, which questions(s) must be actual and existing. 11. Each party shall bear the expense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such costs. 12. The arbitrator's award shall be final and binding on the parties. 13. For the first three hundred sixty-five (365) days of consecutive service with the VILLAGE, an employee is probationary. That is, the employee serves at the will and pleasure of the VILLAGE and thus he may be disciplined or discharge without explanation or for any reason deemed sufficient by the appropriate VILLAGE official. Accordingly, probationary employees shall have no right to utilize this grievance/arbitration procedure for any matter concerning discharge, suspension or other discipline. 14. The ASSOCIATION Representative will be furnished with a copy of each grievance filed by an employee within the bargaining unit. 15. Employees may request to have a ASSOCIATION representative present at any step of the grievance procedure. 16. The ASSOCIATION will not be required to process the grievance of non-members. The ASSOCIATION will not be responsible for grievances proceeding to arbitration without being first notified by the VILLAGE in writing (and with a copy of the • 24 grievance) by the VILLAGE in a timely manner. The ASSOCIATION Representative will • have his/her name, address and all contact numbers on file with the VILLAGE. 17. The parties agree that the settlement of any grievance by the parties prior to the rendition of a decision by an arbitrator shall not constitute an admission that the contract has been violated nor shall such settlement constitute a precedent for the interpretation or application of the provisions of this Agreement. 18. When arbitrability is raised by the VILLAGE with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of an arbitration hearing on the grievance itself. 19. If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the ASSOCIATION of such within ten (10) days of receipt of the ASSOCIATION request to proceed to arbitration. The parties agree that in such an instance, the VILLAGE may submit solely the question of arbitrability either to an arbitrator or to a court. If the arbitrability issue is submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to the arbitrator within ten days of selection of the arbitrator. The arbitrator shall render the decision within fifteen days of receipt of the parties' submissions. 20. Whichever party loses on the issue of arbitrability shall pay the costs involved in that proceeding. 21. If there is no objection by either party to the arbitrability of the grievance, and the above mentioned procedure has been fully complied with or results in a determination that the grievance is arbitrable, the parties shall proceed to arbitrate the grievance. • 25 ARTICLE 18 • DISCIPLINARY APPEALS Appeals of disciplinary action shall be handled as follows: 1. An employee who wishes to challenge any disciplinary action, shall file a notice of appeal to the Public Safety Director within ten (10) calendar days of notice of the disciplinary action. When an employee has received a written counseling, the employee may, within 10 days of receipt of the written counseling, submit a written rebuttal which shall be attached to the written counseling document in the employee's personnel file. 2. Upon receipt of a notice of appeal, the Public Safety Director or his designee shall have ten (10) calendar days to review the discipline and to advise the employee that the discipline is either (I) sustained; (ii) reversed; or (iii) modified. Failure of the Public Safety Director to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. 3. An employee who is not satisfied with the Public Safety Director's decision can further appeal a discipline to the VILLAGE Manager. Upon receipt of a notice of appeal, the VILLAGE Manager shall have ten (10) calendar days to review the discipline and to advise the employee that the discipline is either (I) sustained; (ii) reversed; or (iii) modified. Failure of the VILLAGE Manager to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. The decision of the VILLAGE Manager shall be final unless appealed as hereinafter set forth. 4. An employee who is not satisfied with the VILLAGE Manager's decision can further appeal a discipline greater than a eight (8) hour suspension without pay to arbitration using the same procedure for appointment of an arbitrator as set forth in Article 17 above. The request for appointment of an arbitrator must be made to the VILLAGE Manager in writing within ten (10) calendar days of the VILLAGE Manager's decision. The decision of the arbitrator shall be made within thirty (30) days following the conclusion of the hearing or the deadline for closing briefs, whichever is later. The arbitrator may sustain, reverse, or modify the discipline which was set by the VILLAGE Manager. The decision of the Arbitrator is final and binding on the parties. 5. No employee shall be subject to discipline of any type without just cause. No employee shall be subject to a suspension without pay or a termination without first being afforded apre-determination conference with the VILLAGE Manager or hislher designee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. • 26 ARTICLE 19. • ASSOCIATION ACTIVITIES 1. An employee shall have the right to join or not join the ASSOCIATION, to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, to express or communicate any view, grievance, complaint or opinion relating to conditions of employment or compensation, through duly appointed ASSOCIATION representation, all actions to be free from any and all restraint, coercion, discrimination or reprisal by the VILLAGE or the ASSOCIATION. 2. ASSOCIATION officials and/or members, no more than two (2), shall be granted reasonable time during working hours, without loss of pay, to negotiate with the representatives of the VILLAGE. 3. Reasonable time shall be granted for the processing of grievances with a duly designated representative of the ASSOCIATION during working hours. The VILLAGE, in its discretion, may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the VILLAGE'S part shall not be arbitrary or capricious, nor shall it allow the VILLAGE to proceed in a manner which deprives the employee of his or her right of representation. An ASSOCIATION representative shall be permitted to accompany a fellow employees in circumstances such as: A. The employee is required to appear at a hearing related to a grievance. B. The employee is presenting or responding to a grievance. C. The employee is subject to interrogation in conjunction with an internal affairs investigation. D. The employee is attending apre-determination hearing. 4. The VILLAGE Manager shall be immediately notified in writing, of changes of appointed ASSOCIATION representatives. 5. ASSOCIATION representatives shall be permitted to wear ASSOCIATION insignia while on duty. Said insignia shall be approved by the Director or his designee. • 27 ARTICLE 20. • RULES. REGULATIONS. DIRECTIVES 1. Amendments, additions or modifications to personnel rules, regulations, and departmental directives shall be in writing and a copy of the same shall be submitted to the ASSOCIATION. no less than fourteen (14) days prior to implementation. 2. Nothing in this Article shall be construed as a waiver of the ASSOCIATION's right to bargain over the impact of any rule change which has the practical effect of altering the terms and conditions of employment, as established in this Agreement. Such a request for bargaining must be received within seven (7) days after notification to the ASSOCIATION by the VILLAGE of the implementation of a rule change. • 28 ARTICLE 21. • BULLETIN BOARD 1. The ASSOCIATION will provide a serviceable bulletin board for its use. All materials posted must be signed by an official of the ASSOCIATION and a copy given to the Director. The VILLAGE agrees to furnish space for the bulletin board. 2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials or supervisory personnel. • 29 ARTICLE 22. • SCHEDULED HOURS OVERTIME PAY Effective upon ratification of this Agreement, Lieutenants shall be scheduled to work five (5) eight (8) hour shifts per week. Hours worked in excess of a scheduled forty (40) hour week shall be paid at the rate of one and one-half (1 Yz) times the lieutenant's regular rate of pay. Time off for a meal period shall not exceed one-half hour. For purposes of computing overtime pay, all authorized paid leave, except sick-leave, shall be considered time worked. Employees assigned to "standby" will be paid a minimum of one (i) hour's pay per "standby shift": In the event an employee is "called back", he or she shall receive a minimum of two (2) hours pay. "Standby" and "call back" time relate to either fire duty or emergency duty. Employees may exchange hours subject to the approval of the Director or his designee providing such exchanges do not result in overtime. The Village will provide a minimum of a seven-day notice for any change in shift schedules. However, the village retains the right to make changes in schedules when extenuating circumstances dictate. • 30 ARTICLE 23 • COMPENSATORY TIME 1. For purposes of this Agreement, compensatory time shall be defined as that period of time which is earned by the employee for hours worked in excess of the employee's normally scheduled work period, accumulated at a rate of time and one-half (1 1/2) in lieu of monetary overtime compensation. 2. Compensatory time will be granted if the employee notifies the Director of the contemplated use at least seven (7) calendar days prior to use, provided such use will not be unduly burdensome to the Public Safety Department's operation. 3. In the event more than one employee requests use of compensatory time off for the same period, seniority shall be govern choice. 4. Members may bank up to sixty (60) hours of compensatory time. • 31 ARTICLE 24. • PUBLIC SAFETY CONTINUING EDUCATION Courses to be taken during scheduled work time are subject to the officer's obtaining an approved replacement. In order to qualify for reimbursement under the VILLAGE'S tuition program, all courses to be taken must be prior approved by the Director of Public Safety and the VILLAGE Manager. The VILLAGE will reimburse the employee for the costs of public safety related continuing education. Any and all continuing education will be done on the employee's own time. • 32 ARTICLE 25. • WORK ASSIGNMENT OUT OF GRADE 1. An employee who is required to temporarily accept responsibility and carry out the duties of a rank higher than which he or she normally holds, for a period of three (3) consecutive working days or more shall be paid five percent (5%) above the individual's present base rate for that position while so engaged. The chain of consecutive days will not be broken by Saturdays or the employee's day off,, but will be broken ff the employee elects to take a vacation or sick day during the three (3) day period. 2. An employee assigned to a rank which carries a rate of pay higher than the permanent rate of the assignee shall in the event of injury, illness, or death incurred while in the performance of service be compensated at the level of payment and benefits for the employee's permanent rank and not the assigned rank. • 33 ARTICLE 26. • MEDICAL EXAMINATIONS 1. Medical examinations shall be voluntary, except for apost-job offer medical evaluation for the job classification. In those situations where the VILLAGE requires said examination, then the entire costs shall be borne by the VILLAGE. The VILLAGE agrees to provide those vaccinations and examinations as required by section 112.181, Florida Statutes. 2. The foregoing shall not be construed to prohibit the VILLAGE from ordering an employee to undergo an examination to determine fitness for duty when the VILLAGE has a reasonable suspicion that the employee is unfit to perform his/her duties. "Reasonable suspicion" means a belief drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion testing shall not be required except upon the final approval of the Public Safety Director, after the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: A. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. B. Excessive use of sick time. • 34 ARTICLE 27. • UNIFORM AND CLOTHING ALLOWANCE 1. A sixty ($60.00) dollar monthly allowance shall be paid to all members of the bargaining unit for the repair and cleaning of clothing used in the performance of duty. 2. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE at no cost to the employee. 3. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while in the course of duty will be paid by the VILLAGE at a cost not to exceed one hundred ($100.00) dollars per item. 4. A shoe allowance of up to seventy-five ($75.00) dollars per year shall be paid to all bargaining unit members during the first pay period in October. 5. Lieutenants shall be issued three shirts and two pairs pants. • 35 ARTICLE 28. • VEHICLES AND EQUIPMENT Use of Private Automobile. In the event an employee (if authorized and directed in advance) uses his own automobile for the performance of official duties on behalf of the VILLAGE, the employee will be compensated at the rate established by the VILLAGE for all VILLAGE employees. • 36 ARTICLE 29. • PERSONNEL FILES -COMPLAINTS 1. It is agreed that no employee will be required to write a report to the Director or any other supervisory officer on any complaint by a person or persons in or outside the Department against said officer unless and until the complainant(s) submit(s) said complaint in writing and signs same. 2. Prior to any report in writing being submitted, the subject officer shall be furnished a copy of the signed complaint. Any form of documented disciplinary action shall be signed by the employee, which signature shall indicate that the employee has received a copy of the form but shall not indicate that the employee agrees with the discipline. The employee shall receive a copy of the documented disciplinary action. 3. If a charge is brought and the officer is adjudicated as being innocent, then the complaint and charge shall be plainly and clearly marked as unfounded in all the personnel folders of the subject officer. 4. An officer shall have the right to review the contents of his/her personnel file after due notice to the Director. Such review shall be in the presence of the Director or his duly authorized representative. 5. The VILLAGE agrees that no disciplinary action shall be taken against a bargaining unit member without due process. Anonymous complaints may trigger an investigation, but an anonymous complaint alone may not be the basis of disciplinary action. 37 ARTICLE 30. • PROCEDURAL RIGHTS Any officer under investigation and subject to interrogation by the Department or an outside agency subject to the direction and control of the VILLAGE which may result in disciplinary action, demotion, dismissal and/or criminal charges being filed; then, under such circumstances, the interrogation shall be conducted as follows: A. Interrogations will normally be conducted during the officer' s scheduled duty time, unless immediate action is imperative. B. Interrogation will be conducted at Public Safety Department headquarters. C. The law enforcement officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under the interrogation shall be asked by and through one (1) interrogator at any one (1) time. D. The law enforcement officer under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of all complainants. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. F. The law enforcement officer. under interrogation shall not be subject to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answering any questions. G. The formal interrogation of a law enforcement officer, including all recess periods, shall be recorded and there shall be no unrecorded questions or statements. H. If the law enforcement officer under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his/her rights prior to the commencement of the interrogation. I. At the request of any law enforcement officer under investigation, he shall • have the right to be represented by counsel or any other representative of 38 his choice who shall be present at all times during such interrogation • wherever the interrogation relates to the officer's continued fitness for law enforcement service. J. Representation on complaint review boards: A Complaint review board shall be composed of three (3) members: one (1) member selected by the Director of Public Safety; one (1)member selected by the aggrieved officer; and the third member selected by the other two members. The board members shall be law enforcement officers selected from any state, county, or municipal agency within the county. K. Civil suits brought by law enforcement officers: Every law enforcement officer shall have the right to bring civil suit against any person, group of persons, organization or corporation or the heads of such organizations or corporations for damages, either pecuniary or otherwise, suffered during the performance of the officer's official duties or for abridgement of the officer's civil rights arising out of the officer's performance of official duties. L. Notice of disciplinary action: No dismissal, demotion, transfer, reassignment, or other personnel action which might result in the loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken against any law enforcement officer, unless such reason or reasons therefore are communicated to the officer in writing prior to the effective date of such action. M. Retaliation for exercising rights: No law enforcement officer shall be discharged, disciplined, demoted, or denied promotion, transfer or reassignment, or otherwise be discriminated against in regard to his employment or be threatened with any such treatment by reason of his exercise of the rights granted by this act. N. A copy of the complaint, whether recorded in writing or by other means, will be given to the officer at least two (2) hours prior to interrogation unless waived by the Director or his designee and the officer. Written complaints must be signed by the party or parties alleging a violation. O. An officer under investigation cannot be compelled to submit to a polygraph test or any other "truth measuring" device. • 39 ARTICLE 31. • WAGES 1. Effective October 1, 2002, each bargaining unit member will receive a 1.6% COLA calculated on his/her September 30, 2002 base salary. 2. The VILLAGE Council has retained a consultant to perform a compensation, classification and benefit study and to make recommendations to the VILLAGE regarding compensation, classification and benefit adjustments. Following adoption by the VILLAGE Council, the VILLAGE shall implement compensation, classification and benefit adjustments for bargaining unit members as set forth in the adopted plan, provided that no bargaining unit member's compensation or benefits will be reduced. Only the compensation adjustment shall be retroactive to October 1, 2002. 3. Following the compensation adjustments set forth in paragraph 2 and effective October 1, 2002, each bargaining unit member who was employed by the VILLAGE on October 1, 2002, and was eligible for a pay for performance wage adjustment shall receive a pay for performance base wage increase ranging from 0% to 5% based on the member's June 2002 evaluation. The pay for performance system shall operate in accordance with Sections 12.01, 12.02, and 12.03 of the VILLAGE'S Personnel Rules and Regulations that were in effect on October 1, 2002. 4. No member shall receive a base wage increase over the maximum salary (top-out) established in the VILLAGE pay plan. Increase over top-out pay shall be paid as lump sum payments and shall be treated as salary for pension calculation purposes. 5. The minimum rate established for the bargaining unit positions in the VILLAGE pay plan, shall be paid upon employment to "new hire" employees, except that an amount above the minimum rate may be paid when the rate is approved by the VILLAGE Manager following a written justification from the Public Safety Director. Approval will be based on the exceptional qualifications of the appointee or the inability to employ adequate personnel at the minimum rate. The Public Safety Director shall address in his justification the rate of pay of current members of the department who have comparable years of service as the proposed appointee. 40 ARTICLE 32. • TRAINING 1. In keeping with the ever increasing requirements to maintain certification in the skills necessary to perform the public safety function, it is agreed that any employee who attends fire fighter training as required by the Department or VILLAGE will receive pay at a rate of one and one-half regular pay if the fire fighting training time is above and beyond the employees normal work week. If the employee fails to complete a full work week, pay for fire fighter training will be received at a regular rate of pay. 2. The VILLAGE agrees to provide one week's advance notice for any training scheduled for weekends. C~ 41 ARTICLE 33. • PROBATIONARY EMPLOYEES 1. All new employees shall be designated as probationary employees and shall remain in probationary status in their classification for one (1) year from their date of graduation from the academy, or one year from their date of employment in the case of an employee hired who is already a certified officer who does not attend the academy. 2. Periods of absence of three (3) shifts or more during probation will extend the probationary period by the amount of the absence or one week, whichever is greater. 3. The probationary period shall be regarded as an intrinsic part of the examination process and shall be used for observing the employee's performance and adaptation to Village employment. 4. It is the obligation of all supervisory VILLAGE personnel to periodically review, in writing, the performance of all probationary employees and to recommend removal of personnel with less than an overall satisfactory performance from their position prior to the end of the probationary period. At a minimum, there shall be two (2) written performance evaluations conducted during the probationary period; the first evaluation at six (6) months of employment and the second during the final month of probation. 5. Upon the satisfactory completion of the probationary period the employee shall attain regular status. The Public Safety Director shall notify the VILLAGE Manager in writing that the employee's status has changed from probationary to regular. A copy of the notification shall be placed in the employees personnel file. r 1 LJ 42 ARTICLE 34. • CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 1. The VILLAGE and the ASSOCIATION acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth and solely embodied in this Agreement. The VILLAGE and the ASSOCIATION agree that all negotiable items that should or could have been discussed, were discussed; therefore, neither party shall be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, except as otherwise specfically required in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. 2. Therefore, this Agreement contains the entire contract, understandings, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term. • 43 ARTICLE 35. • DURATION This Agreement shall become effective as of October 1, 2002, and shall continue in full force and effect until September 30, 2003. • 44 APPROVAL • C Pursuant to Florida Statute 447.309, the VILLAGE'S Chief Executive Officer and the ASSOCIATION's Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement reached by the negotiators through bargaining. This Agreement shall not be binding on the VILLAGE of North Palm Beach until it has been ratified by the VILLAGE Council and by the employees who are members of the bargaining unit. THE VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: By: Doug S ith / uzann S rboroy Acting illage Manager Legal Counsel Dated: D Dated: ~-~~?-D ~ 45 SIGNATURE PAGE f~~ THE VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION u ~~./. /~ .. President II ge Clerk ' Date of ratification by Bargaining Unit: l'S"~~ Date of ratification by the VILLAGE: -as-o3 46