1991-30 PBA Bargaining Agreement' RESOLUTION NO. 30-91
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING AND APPROVING THE RATIFIED COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, AND AUTHORIZING THE
MAYOR, VILLAGE CLERK AND VILLAGE MANAGER, IN ACCORDANCE WITH
FLORIDA STATUTES CHAPTER 447, TO EXECUTE THAT CERTAIN COLLECTIVE
BARGAINING AGREEMENT WITH THE PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION, SETTING FORTH THE BASIC, COMPLETB AND FULL AGREEMENT
BETWEEN THE PARTIES CONCERNING WAGES AND OTHER CONDITIONS OF
EMPLOYMENT PER FLORIDA STATUTES CHAPTER 447, AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH
FLORIDA:
Section 1. In accordance with Chapter 447, Florida Statutes,
the V1p age Council hereby accepts and approves the ratified
Collective Bargaining Agreement between the Village of North Palm
Beach and the Palm Beach County Police Benevolent Association, a
copy of which is attached hereto and by reference made a part
hereof.
' Section 2. The Mayor, Village Clerk and Village Manager are
hereby authorized, in accordance with Florida Statutes Chapter 497,
to execute that certain Collective Bargaining Agreement with the
Palm Beach County Police Benevolent Association.
Section 3. The effective date of the Agreement shall be
October 1, 1990. ,
section 4. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED THIS 8TH DAY OE
ATTEST:
' VILLAGE RK
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AGREEMENT BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PALM BEACH COUNTY P.B.A.
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TABLE OF CONTENTS
ARTICLE 1. PREAMBLE 1
ARTICLE Z. UNION RECOGNITION - BARGAINING UNIT . ?_
ARTICLE 3. DISCRIMINATION 3
ARTICLE 4. VALIDITY : 4
ARTICLE 5. WORKERS COMPENSATION 5
ARTICLE 6. HEALTH INSURANCE 6
ARTICLE 7. NO STRIKES - NO LOCKOUTS 7
ARTICLE 8. MATERNITY LEAVE 8
ARTICLE 9. PAID BEREAVEMENT LEAVE . 9
ARTICLE 10. MILITARY LEAVE 10
ARTICLE 11. SICK LEAVE 11
ARTICLE 12. COURT APPEARANCES 13
ARTICLE 13. MANAGEMENT RIGHTS 14
ARTICLE 14. SENIORITY 15
ARTICLE 15. PAID VACATIONS 16
ARTICLE 16. PAID HOLIDAYS 17
ARTICLE 17. GRIEVANCE PROCEDURE - ARBITRATION 18
ARTICLE 18. UNION ACTIVITIES 20
ARTICLE 19. RULES, REGULATIONS, DIRECTIVES.. 21
ARTICLE 20. BULLETIN BOARD 22
ARTICLE 21 SCHEDULED HOURS - OVERTIME PAY 23
ARTICLE 21.A:COMPENSATORY TIME 24
ARTICLE 22. PUBLIC SAFETY EDUCATIONAL ACCREDITATIONS 25
ARTICLE 23. WORK.ASSIGNMENT OUT OF GRADE 26
ARTICLE 24. MEDICAL EXAMINATIONS 27
ARTICLE 25. UNIFORM AND CLOTHING ALLOWANCE 28
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ARTICLE 26'. VEHICLES AND EQUIPMENT 29
ARTICLE 27. PERSONNEL FILES - COMPLAINTS 30
ARTICLE 28. PROCEDURAL RIGHTS 31
ARTICLE 29. WAGES 33
ARTICLE 30. LONGEVITY PAY 34
ARTICLE 31. TRAINING 35
ARTICLE 32 SAFETY INCENTIVE AWARD 36
ARTICLE 33. ATTENDANCE AWARD PROGRAM 37
ARTICLE 34. PROBATIONARY EMPLOYEES 38
ARTICLE 35. CONTRACT CONSTITUTES ENTIRE AGREEMENT OF
THE PARTIES 39
ARTICLE 36. DURATION 40
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ARTICLE 1.
PREAMBLE
This Agreement is effective the 1st day of October, 1990, by the
employer, 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.
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ARTICLE 2.
UNION RECOGNITION - BARGAINING UNIT
The VILLAGE recognizes the ASSOCIATION as the certified bargaining
agent for the regular full-time employees designated as police
officer, police officer%paramedic, detective, detective sergeant,
sergeant and police dispatcher, as indicated in PERC order No.
$5E-011 issued on January 9, 1985 and PERC order No. 89E-344 issued
November 8, 1989.
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ARTICLE 3.
DISCRIMINATION
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, or political belief.
There shall be no discrimination by supervisory personnel
against any employee because of activity or membership in the
ASSOCIATION.
The VILLAGE .agrees there will be no discrimination against any
member for adherence to any provision of this Agreement or refusal
to comply with any order which would violate this Agreement.
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.
The right of the employees to belong to, participate in, or refrain
from belonging to the ASSOCIATION shall not be prohibited, abridged
or interfered with.
The ASSOCIATION will not discriminate with regard to representation
of its members or with regard to terms and conditions of membership
because of race, color, creed, sex, age, physical handicap,
national' origin, marital status or political affiliation.
The VILLAGE and the ASSOCIATION agree that the .provisions of this
Agreement shall be applied to all employees without regard to race,
color, creed, sex, national origin, or marital status.
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ARTICLE 4.
VALIDITY
If any provision o,f this Agreement shall be held to be invalid, the
remainder of this Agreement shall not be affected thereby. In such
event, at the request of both parties, the parties shall meet and
discuss whether to add to this Agreement any new provisions in
substitution for the invalid provision, but no new provisions shall
be added without the mutual agreement of the parties.
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ARTICLE 5.
WORKER'S. COMPENSATION
The VILLAGE will;,carry Workers' Compensation coverage for all
employees covered~by this Agreement in accordance with the law.
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.
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. The employee must file a written claim as outlined
.below: Any employee who has a claim for compensation
while absent because of an injury. on the job as
described above shall file a claim on the form provided
by the VILLAGE with the Director of Public Safety.
C. Any employee who is able to work after a job related
injury shall be reinstated to his former job, provided he
is physically qualified to perform all of the duties and
responsibilities of his previous position. Such
statement shall be certified by a medical doctor prior to
the employee returning to work.
D.~ I.f 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.
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ARTICLE 6.
HEALTH INSURANCE
Effective October;,1, 1990, the VILLAGE agrees to pay one hundred
percent (100.} of the medical, dental and hospitalization insurance
premiums, for the employee and the employee's dependents for the
duration of this- Agreement. A $200.00 per person deductible will
apply to medical and hospitalization claims and a $100.00 per
person deductible will apply to dental claims, subject to
restrictions and qualifications of the self-insurance plan. The
VILLAGE shall self-insure for all maternity benefits.
It will be the responsibility of ,the employee to notify the VILLAGE
within three (3) days in the event that dependent coverage is no
longer required due to a change in marital status. 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.
The VILLAGE retains the right to determine the insurance carrier oc
it may self-insure if it so desires.
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ARTICLE 7.
NO STRIKES - NO LOCKOUTS
It is mutually agreed by the parties hereto that throughout the
life of this Agreement, there shall be no strikes or stoppage of
work.
The parties agree to comply with Florida State Statutes regarding
any strikes or stoppages of work.
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ARTICLE 8.
MATERNITY LEAVE
Whenever an employ,~e shall become pregnant, she shall furnish the
Director with a~certificate from her physician, stating the
approximate expected date of delivery. o
She may continue to work as long as her physician certifies she is
able and provided the Director does not find her work performance
impaired. 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 six weeks leave after the actual. delivery. She shall be
paid, upon request, .her earned vacation leave, and unused prorated
sick time.
Such leave may be extended if medically necessary, as determined by
the employee's doctor., and provided that the needs of the
department can_be met.
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ARTICLE 9.
PAID BEREAVEMENT LEAVE
The VILLAGE agrees that when a death or critical illness, in which
death appears to be imminent, 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 or foster parent of
the employee,
an employee scheduled for five (5), eight (8) hour days,. shall be
allowed three (3), eight (8) hour days of bereavement leave with
pay. A request for additional unpaid time may be granted, subject
to the discretion of the Director.
An employee scheduled for twenty-four (24) hours on duty and
forty-eight (48) hours off duty,. shall be granted thirty-two (32)
hours for bereavement leave with pay. A request for additional
unpaid time may be granted, subject .to the discretion of the
Director.
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ARTICLE 10.
MILITARY LEAVE
Employees who are members of the U.S. Armed Forces Reserves, or the
National Guard wi•31 be granted leave not to exceed seventeen (17)
working days, including travel time, for the purpose of attending
annual active duty for training.
A copy of employee's Reserve Orders are to be forwarded to the
Director or Village Manager.
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ARTICLE 11.
SICK LEAVE
Sick leave shall,.be considered to be an absence from duty without
loss of pay. Sick leave shall be allowed only for the following:
A. Employee's actual injury, actual illness, or quaran-
tine, due to known exposure to a contagious disease.
B. Actual illness or injury of a member of the employee's
immediate household, namely spouse, child, or parent,
where care by the employee is required.
C. Necessary medical or health treatment.
Employees shall not be charged with sick leave when they are
injured while on the job- for which they are entitled to
compensation under the Workers' Compensation Act.
Employees shall accrue one (1) day per month paid sick leave for a
total of twelve (12) sick days during the contract year. Accrued
sick leave shall be credited to the first day of the .month.
Sick-leave time shall accrue while an employee is on vacation or
other paid leave. Sick leave is accumulative with no maximum.
Where an employee regularly uses their sick leave as it is accrued,
the employee requesting such sick leave shall be required to
furnish competent medical proof for such absence, prior to sick
leave pay being granted. Such competent medical proof shall
include a physician statement attesting to his inability to perform
work on the days of absence. Any employee on paid leave shall
continue to accrue all benefits as if on actual duty. The Village
Manager, or his. designee, shall keep a record of all leave granted
to each employee and the unused amount on a standard form and this
record shall be available for reasonable inspection by each
employee. A copy of said record shall be given to any employee
annually, upon request. For sick leave to be credited, an employee
must notify the officer in charge on the first day of an absence.
Notification can be made by the employee ,.a member of his family or
by a physician.
An employee will not be compensated for a sick day taken the day
before or the day after a holiday, unless the employee works on the
holiday.
If a vacation period falls within an employee's illy
he or she will be permitted a vacation upon return
employee, other than an employee who is discharged
voluntarily terminates, retires or dies while in the
receive payment equal to fifty percent (50~) of the
sick leave days up to a sixty (60) day maximum
ess or injury,
to duty. Any
for cause, who
service, shall
unused accrued
A deceased
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employee's pay for sick leave shall be given to the estate of the
deceased.
When absence by reason of illness or injury occurs for a period of
three (3) duty days for forty (40) hour a week employees or more
than one (1) consecutive duty day occurs for twenty-four (24) hour
employees, before the employee shall be entitled to compensation as
herein provided, the Director may require an employee to file a
certificate of disability signed by the employee's licensed and
practicing physician.
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ARTICLE 12.
COURT APPEARANCES
An officer required to attend, in the performance of duty, for a
criminal or civil matter in a court, before a grand jury inquiry,
conference with the State Attorney or his assistants, a pre-trial
conference, matters pending in the Federal Courts, before State or
Federal agencies, 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. Overtime rate shall be the forty (40) hour
rate for all employees.
C. A minimum guarantee of two (2) hours payment for
defaults.
D. Witness fee shall be retained by.the officer.
E. In all instances concerning court time or other
appearances, partial hourly time shall be construed as a
full- hour.
Payment shall be made as soon as possible ( by the next ) payroll
period following completion of the service.
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.
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ARTICLE 13.
MANAGEMENT RIGHTS
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 net
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 Agreementj.
The PBA 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 PBA 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.
The PBA 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.
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.
Those 'inherent managerial functions, prerogatives and policymaking
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.
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ARTICLE 14.
SENIORITY
Length of seniority shall be computed from the date of being hired
as a Public Safety Officer or Dispatcher. For purposes of
vacations and assignments to shift work seniority will prevail,
Where a promotional opportunity shall occur and two or more
employees are under consideration, the Director shall give due
consideration to seniority and qualifications.
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
work.
B. Performance evaluation.
C. Physical condition and
qualifications to perform the
job attitude.
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.
An employee shall be recalled in inverse order of layoff<
An employee shall lose his seniority as a result of the following:
A. Termination
B. Retirement
C. Voluntary resignation
D. Layoff exceeding six {6) months
E. Unexcused absence for more than one (1) day
F. 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.
G. Failure to return from military leave within the time
limits prescribed by law.
H. Failure to return from an authorized Leave of absence
upon the expiration. of such leave.
Seniority shall continue to accrue during all types of leave
approved by the VILLAGE.
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ARTICLE 15.
PAID VACATIONS
All personnel who.. have completed one (1) year or more of full-time
service shall be entitled to a vacation with pay in accordance with
the following schedule:
LENGTH OF SERVICE DAYS OF VACATION
40 Hr. Employees 24 Hr. Employees
PSO's, Dispatchers Paramedics
1 Year but less 10 working. days = 5 shifts = 2 weeks
than 7 years 80 hours
7 Years but less 15 working days = 7 shifts = 3 weeks
than 12 years 120 hours
12 Year s and over 20 working days = 10 shifts 4 weeks
160 hours
Vacation, sick leave, or any other paid leave, shall be included in
the computation of the one year of required full service.
In scheduling an employee's vacation time, the Director shall give
preference on the basis of seniority within an employee's
classification. 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.
If employment is terminated by death, the estate of the employee
shall receive payment for the earned .vacation time.
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ARTICLE 16.
PAID HOLIDAYS
The following days. shall be considered as paid holidays:
New Year's Day
Additional New Year's day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Additional Thanksgiving Day
Christmas Day
Additional Christmas Day
As Set by Council
In the event an employee is scheduled to work on any of the above
named holidays, the employee shall be paid, in addition to the
regular rate of pay, at a rate of time and one-half. Twenty-four
(24) hour employees who work on a holiday shall be paid twenty-four
hours of pay plus they shall receive eight (8) hours of pay at the
rate of one and one-half times the forty (40) hour rate.
When a holiday occurs when said- employee is on vacation,
bereavement leave, out due to an on the job injury, or illness, the
employee shall be paid for said holiday at his/her regular rate of
PaY•
Except for absence due to the instances cited above, holiday
payment is subject to the employee working his/her scheduled day
prior to the holiday and his/her regular scheduled day subsequent
to the holiday. An employee entitled to overtime compensation may
receive. compensatory time off in lieu of pay at straight time for
holidays.
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ARTICLE 17.
GRIEVANCE PROCEDURE - ARBITRATION
The following is a procedure for the resolution of grievances which
are defined as disputes involving the interpretation or application
of this Agreement or departmental regulations.
STEP 1: The aggrieved employee or an ASSOCIATION
representative shall present the grievance or
dispute in writing, setting forth the facts with
particulars and the remedy sought, within seven (7)
calendar days of its occurrence or knowledge
thereof to the Captain for resolution. The~Captain
shall render a decision in writing within seven
(7) calendar days after presentation at STEP 1.
STEP 2: If no written reply has been made or if a written
response has been made, and the aggrieved employee
is dissatisfied, the aggrieved employee may within
seven (7) calendar days of receipt of a reply or
the due date of the receipt of a reply, present the
grievance or dispute to the Director of Public
Safety.
The Director shall reply in writing within seven (7~
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. If the Director replies and the aggrieved party
is dissatisfied, then the grievance may be submitted to
the Village Manager within seven (7) calendar days of
receipt.
STEP 3: If the grievance is not satisfactorily resolved at
STEP 2, then it may be submitted to the Village
Manager within seven (7) calendar days after -the
reply by the Director of Public Safety is due. The
Village Manager shall within ten (10) calendar days
reply 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.
STEP 4: In the event that the grievant is not satisfied
with the disposition of the grievance at STEP 3, or
if no disposition has been made within the time
limits provided for, the grievant may submit the
matter to arbitration, using the services of the
American Arbitration Association. Such request for
arbitration shall be filed with the Village Manager
no later than seven (7) days after the Village
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Manager's response is due in STEP 3 of the
grievance procedure.
By mutual agreement, the time limits in the grievance
procedure may be extended.
The arbitrator's decision shall be supported by
substantial evidence on the record as a whole. The
decision shall be in writing with a full statement of
findings and reasons. The decision of the arbitrator
shall be final and binding on the parties; provided that
the arbitrator shall have no authority to modify, amend,
or alter this Agreement. The arbitrator shall have no
authority to consider or rule upon any matter which is
not subject to arbitration. The arbitrator may not issue
declaratory or advisory opinions and the arbitrator shall
be confined to the question which is presented. Copies
of the award of the arbitrator, shall be furnished- to
both parties within thirty (30) days after the conclusion
of the hearing or the submission of the briefs by the
parties, whichever is later. Each party to arbitration
shall bear the expense of its own witnesses and its own
representatives and the arbitrator's fees and expenses
shall be borne equally by the parties. The arbitration
hearing shall be held in the Village of North Palm Beach,
Florida.
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ARTICLE 18.
UNION ACTIVITIES
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 PBA representation, all
actions to be free from any and all restraint, coercion,
discrimination or reprisal by the VILLAGE or the ASSOCIATION.
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.
Reasonable time shall be granted for the processing of grievances
with a duly designated representative of the ASSOCIATION during
working hours. The Village Manager shall be immediately notified
of changes of appointed PBA representatives.
PBA representatives shall be permitted to wear PBA insignia while
on duty. Said insignia shall be approved by the Director or his
designee.
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ARTICLE 19.
RULES, REGULATIONS, DIRECTIVES
Personnel rules, regulations, and departmental directives shall be
in writing and a` copy of the same shall be submitted to the
ASSOCIATION.
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ARTICLE 20.
BULLETIN BOARD
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.
Bulletins shall contain nothing derogatory relating to the VILLAGE,
its elected officials or supervisory personnel.
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ARTICLE 21.
SCHEDULED HOURS -.OVERTIME PAY
A. Forty ;,(40) hour personnel shall be scheduled to work
five (~5), eight (8) hour shifts.
B. Paramedics shall be .scheduled to work twenty-four (24)
hours on duty and forty-eight (48) hours off duty.
C. Hours worked in excess of a scheduled forty (40) hour
week shall be paid at the rate of one and one-half (1
1/2) times the employee's regular rate of pay.
D. Police/Paramedics shall be paid at time and one-half of
hourly ,rate for actual number of hours worked.
Paramedics shall be paid overtime at the fifty-three (53)
hour rate when working as a primary paramedic on duty or
when held over for late calls. For all other overtime
situations they shall be paid at the forty (40) hour
rate.
E. .Time off for a meal period shall not exceed one-half
(1/2) hour.
For purposes of computing overtime pay, all authorized paid
leave shall be considered time worked.
Employees assigned to "call out" will be paid a minimum of two
(2) hours. "Call out" time relates 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.
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ARTICLE 21.A.
COMPENSATORY TIME
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 his normally scheduled work week, accumulated
at a rate of time and one-half (1 1/2) in lieu of monetary overtime
compensation.
Compensatory time will be granted if the employee notifies the
Director of the contemplated use at least seven (7) calendar days
prior to use and provided such use will not be unduly burdensome to
the Public Safety Department's operation.
In the event less than seven (7) calendar days notice is provided,
granting of compensatory time shall be at the discretion of the
Director, subject to scheduled manpower limitations.
In the. event more than one employee requests use of compensatory
time off for the same period, seniority shall govern choice.
Regular forty (40) hour employees may bank up to forty (40) hours
of compensatory time, which represents sixty (60) straight time
hours of time off. Paramedics may bank up to fifty-three (53)
hours of compensatory time which represents 79.5 hours of straight
time hours of time off.
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ARTICLE 22.
PUBLIC SAFETY EDUCATIONAL ACCREDITATIONS
Courses to be taken during scheduled work time are subject to the
officer obtaining~an approved replacement. All courses to be taken
have to be prior approved by the Director of Public Safety and the
Village Manager. The VILLAGE agrees to pay employees who achieve
accreditation over and above what is paid by the State's Salary
Incentive Program passed in July, 1972, as follows:
Bachelor's Degree ................. $50.00 per month
Associate's Degree .. ............... $45.00 per month
Intoxilyzer Certificate ............ $15.00 per month
All present holders of breathlayzer certificates will be given
until September 30, 1992, within which to become certified as
intoxilyzer operators, at the Village's expense.
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ARTIr_.LE 23.
WORK ASSIGNMENTOUT__OF.GRADE
An employee who is required to temporarily accept responsibility
and carry out the duties of a rank higher than which he/she
normally holds, for a period of seven (7) working days or more,
shall be paid five percent (5$) above the. individual's present base
rate for that position while so engaged.
An employee assigned to a rank which carries a rate of pay higher
than the permanent rank 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 for that rank, and
all benefits accrued thereof.
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ARTICLE 24.
MEDICAL EXAMINATIONS
Medical examinations shall be voluntary, except for pre-
employment or unless it is required in the best interest of the
VILLAGE. In those situations where the VILLAGE requires said
examination, then the entire costs shall be borne by the VILLAGE.
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ARTICLE 25.
UNIFORM AND CLOTHING ALLOWANCE
Plain clothed officers shall be reimbursed up to five hundred
($500.00) dollars per year upon actual receipts being presented.
This shall be paid semi-annually in increments of up to two hundred
fifty ($250) dollars, each October 1st .and April 1st as a clothing
replacement allowance. A thirty-five ($35.00) dollar monthly
allowance shall be paid to all certified officers for the repair
and cleaning of clothing used in the performance of duty. Clothing
allowance shall be prorated with the change of personnel in the
Detective Bureau.
Uniforms damaged. beyond repair in the line of duty shall be
replaced by the VILLAGE at no cost to the employee.
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.
A shoe allowance of up to seventy-five ($75.00) dollars per year
shall be paid to police officers in the form of a reimbursement
upon an actual receipt being presented. Dispatchers shall receive
the same shoe allowance provided to other bargaining members or
.shall be provided with shoes, as determined by the Director of
Public Safety.
Road Patrol and dispatchers shall be provided adequately with three
(3) shirts and two (2) pair of pants.
Paramedics shall be provided with two (2) shirts, two (2) pair of
pants and two (2) jump suits.
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ARTICLE 26.
VEHICLES AND EQUIPMENT
Vehicle Maintenance. Each Public Safety Officer assigned to a
VILLAGE vehicle shall keep the vehicle free from litter and return
the vehicle at the end of his shift in the same condition as when
he received it, subject only to mechanical defects or damage, or
soiling of the vehicle not caused by the Public Safety Officer. It
shall be the vehicle operator's responsibility to report all
damage, mechanical problems or operational problems detected, or
which could be detected, with reasonable diligence. If the Officer
believes the vehicle he is assigned is unsafe, it shall be reported
to the Shift Supervisor.. If the Shift Supervisor agrees that the
vehicle is unsafe, it shall not be placed in service until it is
made safe. Public Safety vehicles will be washed and sanitized as
necessary.
Use of Private Automobile.
authorized and directed in
the performance of officia
(she) will be compensated
Statutes 112.106(7)(d)(1)
VILLAGE.
In the event
advance) uses his
L duties on behalf
at the rate provi
for miles driven
an employee (if
own automobile for
of the VILLAGE, he
ded for in Florida
on behalf of the
Portable Radios. Officers will be provided with two-way portable
radios on an "as needed" basis, determined by the Shift Supervisor.
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ARTICLE 27.
PERSONNEL FILES-COMPLAINTS
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.
Prior to any report in writing being submitted, the subject officer
shall be furnished a copy of the signed complaint.
If a charge is brought and the officer is adjudicated as being
innocent, then the complaint and charge shall be removed forthwith
from the personnel folder of the subject officer.
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.
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ARTICLE 28.
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 interrogation, he shall be completely
informed of all of his/her rights prior to the
commencement of the interrogation.
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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 his choice who
shall be present at all times during such interrogation
wher~v~x 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.
0. An officer under investigation
submit to a polygraph test
measuring" device.
cannot be compelled to
or any. other "truth
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ARTICLE 29.
WAGES
Effective October;, 1990, all employees covered by the collective
bargaining agreement and employed on October 1, 1990, -shall
receive, for the fiscal year 1990-91, a nine percent (9~) increase
in their base pay rate.
Effective October 1, 1991, all employees covered by the collective
bargaining agreement and employed on October 1, 1991, shall
receive, for the fiscal year 1991-92 a five percent (5~) increase
in their base pay rate.
INCREMENTS - The following increments per year may be received by
employees after proper accreditation:
PARAMEDIC $2,000.00
EMT $1,000.00
FIRE FIGHTER $1,000.00
DETECTIVE 5$ of base salary
Field Training Officer (F.T.O.) - In addition to the above
increments, FTO's will receive a 5$ increase in base pay rate above
their regular base pay rate when they are .actually engaged in a
training period.
Starting Salary - The starting salary for Public Safety Officers
will be $21,071 effective October 1, 1990.
In the event a Public Safety employee is promoted to the rank of.
Sergeant, he will receive a five percent (5~) increase to his
current annual wage.
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ARTICLE 30.
LONGEVITY PAY
Effective October,. 1, 1986 the VILLAGE agrees to pay the following
longevity increases (above and beyond base pay rate) per year to
those employees who are presently being paid a longevity benefit:
Three years of completed service $300.00
Six years of completed service $600.00
Nine years of completed service $900.00
Twelve years of completed service $1,200.00
Furthermore, those employees who are currently being paid a
longevity benefit will continue.to receive longevity pay as per
the paragraph above.
Employees not currently receiving longevity pay under this article
shall not be eligible to receive this benefit in the future:
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ARTICLE 31.
TRAINING
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 training as
required by the Department or VILLAGE will have the choice of
receiving pay at a rate of one and one-half regular pay. or
compensatory time at a rate of one and one-half straight time, if
the training time is above and beyond the employee's normal work
week. If the employee fails to complete a full work week, pay for
training will be received at a regular rate of pay or at straight
compensatory time. _
The Village agrees to provide one week's advance notice for any
training scheduled for weekends.
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j ~ J.
ARTICLE 32.
SAFETY INCENTIVE AWARD
Whenever an employee completes one year of safe driving with no
accidents attributable to the fault of the employee, an award of
one day's pay shall be earned.
Whenever an employee completes one year of service without
receiving or causing any injuries on the job, an award of one day's
pay shall be earned provided, however, that if an employee's injury
is caused by another, then the injured employee shall be entitled
to receive his/her safety incentive award. The. cause of the injury
shall be the sole determination of the Director as to eligibility
of the safety award and the Director's decision is not subject to
the grievance procedure for resolution.
For the purposes of this Article, the one year period shall be from
October 1 through September 30.
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*. ~
j ~ ~s
ARTICLE 33.
ATTENDANCE AWARD PROGRAM
An employee who uses six (6) or less days of sick leave per year
shall have the option of converting one of the unused sick leave
days to additional vacation time.
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ARTICLE 34.
PROBATIONARY. EMPLOYEES
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 (Z}
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.
Periods of absence of three (3) shifts or more during probation
will extend the probationary period by the amount of the absence or
a minimum time of one week.
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.
A probationary employee shall have no right to utilize .the
grievance and/or arbitration process set forth in this Agreement,
or any other internal VILLAGE policy or procedure for any matter
relating to discharge, suspension or other discipline.
It is the obligation of all supervisory VILLAGE personnel to
carefully review 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.
Upon the satisfactory completion of the probationary period, which
shall then be a matter of record in the employee's personnel •file,
the employee shall attain permanent status in the service.
Certification of satisfactory completion of the probationary period
shall require the written approval of the Village Manager or his
designee.
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ARTICLE 35.
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
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 specifically
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.
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.
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~ k
ARTICLE 36. ~~
DURATION
This Agreement with the new amendments shall become effective as of
October 1, 1990 and shall continue in full force and effect until
September 30, 1992. If either party desires to modify, amend or
terminate Agreement, notice of intent in writing should be mailed
to the other party on or before July 1, 1992, by certified mail.
In the absence of notice this Agreement shall renew for another
year.
IN WITNESS, WHEREOF, THE PARTIES HAVE SET THEIR HANDS AND SEALS
THIS 8th DAY .August OF 1991.
THE VILLAGE OF NORTH PALM BEACH
,~
~i~~a);
•~
Mayor
~~~~ s
Village M,nager
Village Clerk
PALM BEACH COUNTY POLICE
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
G~ _
President
-~
~~~ ~ ~ ~~P
PBA Representative
THE VILLAGE OF NORTH PALM BEACH
BENEVOLENT ASSOCIATION
~-~
BY: ~ o ~°~~~~
a, L eel
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