1993-004 PBA - General AgreementRESOLUTION NO. 4-93
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 - GENERAL, 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 -GENERAL, SETTING FORTH
THE BASIC, COMPLETE AND FULL AGREEMENT BETWEEN THE PARTIES
CONCERNING WAGES AND OTHER CONDITIONS OF EMPLOYMENT PER FLORIDA
STATUES 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 Village
Council hr ereby accepts and approves the ratified Collective Bargaining
Agreement between the Village of North Pahn Beach and the Palm Beach County
Police Benevolent Association - General, 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' n ccordance with Florida Statutes Chapter 447, 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, 1992.
Section 4. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED THIS 11 DAY OF February ~ 1993.
Mayor
ATTEST:
C
Village Clerk
AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE TITLE PAGE
1. PREAMBLE ........................... 1
2. UNION RECOGNITION BARGAINING UNIT .. 2
3. DISCRIMINATION ..................... 3
4. VALIDITY ........................... 4
5. WORKER'S COMPENSATION .............. 5
6. HEALTH INSURANCE ................... 6
7. NO STRIKES - NO LOCKOUTS ........... 7
8. MATERNITY LEAVE .................... 8
9. PAID BEREAVEMENT LEAVE ............. 9
10. MILITARY LEAVE ..................... 10
11. SICK LEAVE ......................... 11
12. COURT APPEARANCES .................. 13
13. MANAGEMENT RIGHTS .................. 14
14. SENIORITY .......................... 15
15. PAID VACATIONS ..................... 16
16. PAID HOLIDAYS ...................... 17
17, GRIEVANCE PROCEDURE ARBITRATION .... 18
18. UNION ACTIVITIES ................... 20
19. RULES, REGULATIONS, DIRECTIVES ..... 21
20. BULLETIN BOARD ..................... 22
21. SCHEDULED HOURS OVERTIME PAY........ 23
21.A COMPENSATORY TIME .................. 24
22. PUBLIC SAFETY EDUCATIONAL
ACCREDITATIONS ..................... 25
23. WORK ASSIGNMENT OUT OF GRADE ....... 26
24. MEDICAL EXAMINATIONS ............... 27
25. UNIFORM AND CLOTHING ALLOWANCE ..... 28
26. VEHICLES AND EQUIPMENT ............. 29
27. PERSONNEL FILES - COMPLAINTS ....... 30
28. PROCEDURAL RIGHTS .................. 31
29. WAGES .............................. 33
30. LONGEVITY PAY ...................... 34
31. TRAINING ........................... 35
32. SAFETY INCENTIVE AWARD ............. 36
33. ATTENDANCE AWARD PROGRAM ........... 37
34. PROBATIONARY EMPLOYEES ............. 38
35. CONTRACT CONSTITUTES ENTIRE
AGREEMENT OF THE PARTIES ........... 39
36. DURATION ........................... 40
ARTICLE 1.
PREAMBLE
This Agreement is effective the 1st day of October, 1992, 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.
1
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.
85E-011 issued on January 9, 1985 and PERC order No. 89E-344 issued
November 8, 1989.
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, disability, 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, disability, or marital status.
3
ARTICLE 4.
VALIDITY
If any provision of 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.
4
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. 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.
5
ARTICLE 6.
HEALTH INSURANCE
Effective October 1, 1992, the VILLAGE agrees to pay one hundred
percent (100) of the medical, dental and hospitalization insurance
premiums for the employee and seventy-five percent (75~) of the
employee's dependants for the duration of this Agreement., For the
fiscal year 1992-1993, The VILLAGE agrees to reimburse employees
all monies they pay for dependant dental and hospitalization
insurance premiums. 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 dependant 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 dependant
insurance coverage premium from the date of status change.
The VILLAGE retains the right to determine the insurance carrier or
it may self-insure if it so desires.
There shall be an Insurance Committee comprised of six (6) members;
two (2) members will be designated by the Association, which two
members shall represent the PBA on behalf of both the PBA general
employees and the PBA lieutenants, two (2) members will be
designated by the Village and two (2) members will be designated by
the National Association of Government Employees of the Village
(NAGE). At least one of the two Committee members appointed by
each body must be,a participant of that .body. The other member, if
not a member of the body, must be a resident of the Village.
However, that member need not be an employee.
The Committee shall'meet on a regular basis to examine the health
insurance program for the purpose of analyzing the program and
recommending improvements and changes. Insurance Committee members
shall be granted time off with pay to attend these meetings. The
Committee shall offer recommendations to the Village, the Union and
NAGE by April 1, 1993.
6
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.
7
ARTICLE 8.
MATERNITY LEAVE
Whenever an employee shall become pregnant, she shall furnish the
Director with a certificate from her physician,, stating the
approximate expected date of delivery.
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.
8
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.
9
ARTICLE 10.
MILITARY LEAVE
Employees who are members of the U.S. Armed Forces Reserves, or the
National Guard will be granted leave in accordance with the law,
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.
l0
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 illness or injury,
he or she will be permitted a vacation upon return to duty. Any
employee, other than an employee who is discharged for cause, who
voluntarily terminates, retires or dies while in the service, shall
receive payment equal to fifty percent (50$) of the unused accrued
sick leave days up to a sixty (60) day maximum. A deceased
11
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.
12
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.
13
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 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).
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.
14
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.
15
ARTICLE 15.
PAID VACATIONS
Vacation days accrue but may not be taken during the first year of
service. 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 DAYS OF VACATION
40 Hr. Employees 24 Hr. Employees
PSO's, Dispatchers Paramedics
Less than 7 years l0 working days = 5 shifts = 2 weeks
80 hours
7 Years but less 15 working days = 7 shifts = 3 weeks
than 12 years 120 hours
12 Years 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.
Vacation time shall be credited and reported per payroll, to
indicate hours accrued less hours taken, reflecting net vacation
hours available per payroll period.
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.
16
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 works 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.
17
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 ten (10)
calendar days of its occurrence or knowledge
thereof to the Captain for resolution. The Captain
shall render a decision in writing within ten (10)
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
ten (10) 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 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. If the Director replies and the aggrieved party
is dissatisfied, then the grievance may be submitted to
the Village Manager within ten (10) 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 ten (10) 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 ten (10) days after the Village
18
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.
19
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.
20
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.
21
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.
22
ARTICLE 21.
SC~EDTJi,~D_HOURS OVERTIME PAY
A. Forty (40) hour personnel shall be sehedu].ed to w~ark
five (5), eight (s) hour shifts.
8. Paramedics shall be scr~eacilea L'v work twenty-fo~,tr (z4)
hours on duty and forty eight (48) hours off duty.
C. HvUr~ Worked in excess of a scheduled Pvrty (40) hour
week shall be paid at the rate of aria and one-half (1
1/2) times the employees regular rate of pay.
D. Poxice/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 coils. ~ For all other overtime
sitczat~.ons they Shall be paid at the (arty (4U) hour
rate.
E. ~Timd~ off for a meal period shall not exceed one-half
(1/2) hour.
x'ar purposes of computing overtime pay, all authorized paid
leave shall be considered time worked.
Employees assigned to "standby' will be paid a minimum of one
(1) hour's gay er "standby shift'. In the avant an
employee is ~icalle ac n;~he-ar she shah. receive a minimum
of two (2) hours pay. ~~Standby" and "call book" 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 ~.n schedules when extenuating circumstances
dictate, including the right to make changes in schedules in order
to avoid paying -for overtime.
23
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 (11/2) 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.
25
ARTICLE 23.
WORK ASSIGNMENT OUT OF GRADE
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 five (5) 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 five (5)
working day period shall not include Saturdays or the employee's
scheduled days off. If the employee elects to take a vacation or
sick day during the five (5) day period, the chain of consecutive
days will be broken.
An employee assigned to a rank°which carries a rat
than the permanent rank of the assignee shall i
injury, illness, or death incurred while in the
service be compensated at the level of payment for
all benefits accrued thereof.
e of pay higher
n the event of
performance of
that rank, and
26
ARTICLE 24.
MEDICAL EXAMINATIONS
Medical examinations shall be voluntary, except for a post-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.
27
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 lst 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 liter 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. 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, he
(she) will be compensated at the rate provided for in Florida
Statutes 112.106(7)(d)(1) for miles driven on behalf of the
VILLAGE.
Portable Radios. Officers will be provided with two-way portable
radios on an "as needed" basis, determined by the Shift Supervisor.
29
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.
30
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.
I. At the request of any law enforcement officer under
31
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
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.
32
ARTICLE 29.
WAGES
Effective October 1, 1992, all non-probationary employees covered
by the collective bargaining agreement and employed .on October 1,
1992, shall receive, for the fiscal year 1992-93, a two percent
(2~) increase in their base pay rate.
Employees who had not completed the one-year probationary period by
October 1, 1992, shall not be entitled to the two (2~) percent
increase. However, effective upon ratification of this agreement,
those employees base pay will be increased to the starting salary
as set forth below.
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 $21,500 and for dispatchers will be $15,000 effective upon
ratification of this Agreement.
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.
33
ARTYCLE 30.
E~Xective October 1, 1986 the VILLAGE agrees to pay the following
longevity ,bonuses (above and beyond base pay rate) per year to
those employees who are presently being paid a longevity bonus;
Three years of completed service $300.00
Six years of completed service $600.00
Nine years of campleted service $9UU.Clu
Twelve years of completed service $1,20p.00
Furthermore, those employees wno are currently being paid a
longevity bonus will continue to receive a longevity bonus as per
the paragraph above.
Effective October 1, 1993, employees not currently receiving a
longevity bonus under this article shall. be eligible to receive
this benefit. ~~
,. ,. f.
34
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-ha],f 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.
35
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.
36
ARTICLE 33.
ATTENDANCE AWARD PROGRAM
An employee who uses six (6) or less
shall have the option of converting
days to additional vacation time.
days of sick leave per year
one of the unused sick leave
37
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 (1)
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.
38
ARTICf;E 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.
39
ARTICLE 36.
DURATION
This Agreement shall become effective as of October 1, 1992 and
shall continue in full force and effect until September 30, 1994.
If either party desires to modify, amend or terminate the Agreement
for the 1993-94 fiscal year, notice of intent in writing should be
mailed to the other party on or before June 1, 1993, by certified
mail, and modification or amendment shall be limited to Article 6,
Health Insurance, Article 29 Wages, and two other Articles of the
party's choice.
In the absence of notice this Agreement shall renew for another
year.
IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR HANDS AND SEALS THIS
11TH DAY OF FEBRUARY 1993.
THE VILLAGE OF NORTH PALM BEACH
~~~•
Mayor
Village Ma ager
Village Clerk
PALM BEACH COUNTY POLICE
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
i
President
FAG
PBA Represe ative
THE VILLAGE OF NORTH PALM BEACH
BENEVOLENT ASSOCIATION
By:
40