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1998-005 PBA Lieutenants AgreementRESOLUTION OS-98 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR, VILLAGE MANAGER, AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE VILLAGE AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION -LIEUTENANTS ATTACHED AS EXHIBIT "A", AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with Palm Beach County Police Benevolent Association -Lieutenants attached as Exhibit "A". Section 2. The Mayor, Village Manager, and Village Clerk are hereby • authorized and directed to execute the Agreement with Palm Beach County Police Benevolent Association -Lieutenants set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 8th DAY OF JANUARY , 1998. h MAYOR (Village Seal) • ATTE AGREEMENT BETWEEN AND PALM BEACH COUNTY POLICE BENEVOT Ti'NT neennrAn, 1POLICE L T'TTTFNn rl+s~ C r ~ LJ • TABLE OF CONT N'r'S ARTICLE T TL PAGfi 1. Preamble ... ................................. 1 2• Union Recognition Bargaining Unit...,....... 2 3• Discrimination .............................. 3 4. Validity ............ ........................ 4 5• Worker's Compensation . ...................... 5 6• Health Insurance ............................ 6 ~• No Strikes - No Lockouts .................... 7 8• Maternity Leave ..... ........................ g 9• Paid Bereavement Leave ...................... 9 10. Military Leave ... ........................... 10 11. Sick Leave . .................................. 11 12. Court Appearances .. ......................... 12 13. Management Rights ... ........................ 13 14. Seniority .......... ......................... 15 15. Paid Vacations .. ............................ 16 16. Paid Holidays ...... ......................... 18 17• Grievance Procedure Arbitration ............. 19 18. Union Activities .................. ,,,,, 21 19. Rules, Regulations, Directives .............. 22 20. Bulletin Board . ............................. 23 21. Scheduled Hours Overtime Pay ................ 24 21. A Compensatory Time .... ....................... 25 22. Public Safety Continuing fiducation.......... 26 • 23• Work Assignment Out of Grade ................ 27 • 24. Medical Examinations ........................ 25. Uniform and Clothing Allowance .............. 26• Vehicles and Equipment ...................... 27• Personnel Files - Complaints ................ 28. Procedural Rights ........................... 29. Wages ....................................... 30. Longevity Pay ...... ................ ........ 31. Training .................................... 32. Safety Incentive Award ...................... 33. Attendance Award Program .................... 34. Probationary Employees ...................... 35. Contract Constitutes Entire Agreement of the Parties .................... 36. Duration .................................... 28 29 30 31 32 34 35 36 37 38 39 40 41 J • ARTICLE 1. PREAMBLE This Agreement is effective the 1st day of October, 1995, between THE VILLAGE OF NORTH PALM BEACH, a municipal organization, hereinafter referred to as "VILLAGE" and the PALM•BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, hereinafter referred to as 'ASSOCIATION", for the purposes of promoting harmonious relations between the two parties, to establish an orderly and peaceful procedure for settling differences which may arise, and to set forth the basic and full Agreement between the parties concerning wages, rates of pay, fringe benefits and other conditions of employment. • u ARTICLE 2. . I7NION RECOGNITION BI~Rrnrtarur rarm The VILLAGE recognizes the ASSOCIATION as the certified bargaining agent for the regular full-time employees designated as police lieutenants, as indicated in PERC Order No. 90-925 issued on November 27, 1990. u ARTICLE 3. • DISCRIMINATION 1. Neither the VILLAGE nor the ASSOCIATION shall discriminate against or in favor of any employee because of race, creed, color, national origin, marital status, sex, age, disability, or political affiliation in violation of any federal, state or local law. 2. There shall be no discrimination against any employee because of activity or membership in the ASSOCIATION. 3. There will be no discrimination against any employee for adherence to any provision of this Agreement or refusal to comply with any order which would violate this Agreement. 4. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. 5. The right of the employees to belong to, participate in, or refrain from belonging to the ASSOCIATION shall not be prohibited, abridged or interfered with. 6. The ASSOCIATION will not discriminate with regard to representation of its members or with regard to terms and conditions of membership because of race, creed, color, national origin, • marital status, sex, age, disability or political affiliation in violation of any federal, state or local law. 7. The VILLAGE and the ASSOCIATION agree that the provisions of this Agreement shall be applied to all employees without regard to race, creed, color, national origin, marital status, sex, age, disability, or political affiliation in violation of any federal, state or local law. • 3 ARTICLE 4. VALIDITY . If any provision of this Agreement shall be held 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. • • 9 ARTICLE 5. • WORKER'S COMPEN ATION The VILLAGE will carry Worker's 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 INSL~n.NCE 1. The VILLAGE agrees to pay one hundred percent (100$) of the medical, dental and hospitalization insurance premiums for the employee and fifty percent (50~) of the employee's dependents' medical, dental and hospitalization insurance. The VILLAGE shall apply all premium contributions paid by the employee or held in escrow to the cost of the employees' dependents' coverage. 2. 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. Benefits will be those that are set forth in the insurance Master Plan distributed to all employees. 3. It will be the responsibility of the employee to notify the VILLAGE in writing within thirty (30) days in the event that dependent coverage is no longer required due to a change in marital status or for any other reason. Should the employee not notify the VILLAGE of said change, the employee shall reimburse the VILLAGE for the amount paid for his dependent insurance coverage premium from the date of status change. 4. The VILLAGE retains the right to determine the insurance carrier or it may self-insure if it so desires. • S. Prescription Plan. The VILLAGE will make available a Prescription Drug Plan as follows: A. Employees will have the option of electing or rejecting the Prescription Drug Plan. If elected, all prescription drugs, in order to be covered, must be purchased with the prescription drug plan card. If rejected, claims may be submitted to the insurer and will be processed accordingly. B. If the Prescription Drug Plan is elected, prescription drugs that are purchased at participating pharmacies will be discounted. The co-payments paid by the employee are not applied to the deductible under the Medical Plan if the employee elects to participate with the Prescription Drug Plan. C. The election or rejection of the plan will remain in effect for the entire plan year. • 6 ARTICLE 7. • NO STRIKES - NO LO KO rrC 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. Such notice shall be given not less than thirty (30) days before the date the leave is to begin. She may continue to work in her regularly assigned job classification until her physician certifies that she is no longer able to perform the essential functions of that job. If requested, she will be provided a reasonable accommodation in accordance with the ADA. Maternity leave shall start with cessation of actual work and continue for a period not to exceed six (6) months, provided that in all cases an employee shall be permitted to take at least twelve weeks leave after the actual delivery. If the employee desires to be paid while on maternity leave, paid leave shall be exhausted in the following order: sick leave, vacation, other personal leave. Maternity leave may be extended if medically necessary, as determined by the employee's doctor. r U • 8 ARTICLE 9. • PAID BEREAVEMENT' LEAV~ The VILLAGE agrees that when a death is imminent or occurs in the family, (family as herein defined): father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, foster parent, step-father, step- mother, step-brother, step-sister or step-child 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 for purposes of bereavement. A request for additional unpaid time may be granted, subject to the discretion of the Director. • • 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 state and federal law, including travel time, for the purpose of attending annual active duty for training. A copy of employees Military Orders are to be forwarded to the Director or Village Manager prior to taking military leave. C • 10 ARTICLE 11. SICK LEAVE Sick leave will be paid when the employee is absent from duty due to the following reasons: • An employee's injury or illness or necessary medical treatment which precludes him or her from reporting for duty; Any injury, illness or necessary medical treatment of an employee's spouse, child, step-child or parent who resides in the employee's home which requires the employee's help to care for him or her or to obtain the necessary medical treatment: The employee will certify on the appropriate Personnel Action Form upon his or her return to duty that he or she was not able to report for duty due to one of the above reasons. Employees will accrue one sick day per month, for a total of twelve per year. Accruals and deductions will appear on the employee's pay stub. An employee on paid sick leave shall continue to accrue all benefits as if on actual duty, except that paid sick leave shall not be considered days worked for overtime purposes. Sick leave may be accumulated with no maximum. Any employee who voluntarily terminates employment, or who retires or dies while in the service of the VILLAGE, shall receive payment equal to fifty percent (50~) of up to a maximum of sixty (60) unused accrued sick leave days (which equals a maximum of thirty (30) days payment). This payment provision does not apply to any employee who is • discharged for cause. A deceased employee's pay for sick leave shall be paid to the estate of the decedent. 11 r~ LJ ARTICLE 12. • COURT APPEA_RnNCF~ Any member required to attend a judicial matter in the performance of duty shall be compensated for said services as follows: A. Attendance while on duty, payment at regular pay scale. B. Attendance while off duty, payment of- one and one- half hourly rate. C. A minimum guarantee of two (2) hours payment will be made for any appearance under this article to an employee who is off duty on the day of the appearance or who is on duty on the day of the appearance but the appearance is more than two hours before the beginning or more than two hours after the end of the employee's shift. If the employee is on duty on the day of the appearance but the appearance is less than two hours before the beginning or less than two hours after the end of the employee's shift, the employee will be paid for the actual time spent attending the judicial matter. D. Witness fee shall be retained by the officer. 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. • 12 ARTICLE 13. . MANAGEMENT RIC-HTG 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. The PBA member agrees to properly enforce compliance with departmental policies through supervisory and disciplinary actions when deemed appropriate. The PBA member recognizes the need for and will promote a sincere and positive work environment as it relates to supervising and disciplining employees. in the event that a PBA member takes disciplinary action against an employee, the member will immediately notify the Department of Public Safety Captain and/or Director of the action. In the event that a PBA member fails to take appropriate supervisory or disciplinary action to correct an employee's inappropriate behavior or action about which the PBA member knows or should know, the member may be subject to disciplinary action from the Captain, Director, or Village Manager. 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 • 13 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 policy making rights which the VILLAGE has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. • 14 ARTICLE 14. • SENIORITY Seniority shall be defined as length of service within the classification (i.e., lieutenant). For purposes of 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 qualifications to perform the work. B. Performance evaluation. C. Physical condition and 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. Failure to report to the Village Manager, or his designee, intention of returning to work within three (3) days of receipt of recall, as verified by certified mail, return receipt. F. Failure to return from military leave within the time limits prescribed by law. G. Failure to return from an authorized leave of absence upon the expiration of such leave. 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. Exceptions to this general rule may be made by the Director in his discretion. All personnel who have completed one (1) year or more of full-time service shall be entitled to take vacation with pay in accordance with the following accrual schedule: LENGTH OF SERVICE DAYS OF VACATION Less than 7 years 10 working days = '80 hours ~ Years but less 15 working days = than 12 years 120 hours 12 Years and over 20 working days = 160 hours Vacation, sick leave, or any other paid leave, shall be included in the computation of the one year of required full service. All employees twice yearly shall select vacations. initial • selection of vacations will be by seniority within the classification. if a bargaining unit member chooses to change the vacation selection, he must then wait until the vacation list passes through all other remaining members of the classification, at which time he or she shall then be eligible to change the selection. 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 16 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. • • 17 ARTICLE 16. • PAID HOLIDAYS The following days shall be considered paid holidays, and all employees will receive pay for these days even if they do not work: New Years Eve Veteran s Day New Years Day Thanksgiving Day Memorial Day Friday following Thanksgiving Day Independence Day Christmas Eve Labor Day Christmas Day In the event a lieutenant does work on any of the above named holidays, the lieutenant shall be paid eight (8) hours of straight time compensation plus eight (S) hours at time and one-half the regular rate of pay. If a holiday occurs when an employee is absent from work on paid leave under this collective bargaining agreement or other personnel rules, regulations or departmental directives, the employee shall be paid an additional eight (8) hours for the 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. A lieutenant may receive compensatory time off in lieu of pay at straight time for holidays subject to the approval of the Village Manager and the Public Safety Director. • 18 ARTICLE 17. • GRIEVANCE PROCEDURE A_RBITRAT 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 • 19 arbitration shall be filed with the Village Manager no later than ten (10) days after the Village • 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. L J • 20 ARTICLE 18. • UNION A TIVIT .~ 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. • • 21 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. u • 22 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. • • 23 ARTICLE 21. • SCHEDULED HOURS OVERTIME AY Effective upon ratification of this Agreement, Lieutenants shall be scheduled to work five (5) eight (8) hour shifts per week. Hours worked in excess of a scheduled forty (40) hour week shall be paid at the rate of one and one-half (1 1/2) times the lieutenant's regular rate of pay. Time off for a meal period shall not exceed one-half (1/2) hour. For purposes of computing overtime pay, all authorized paid leave, except sick leave, shall be considered time worked. Employees assigned to "standby" will be paid a minimum on one (1) hour's pay per "standby shift". In the event an employee is "called back", he or she shall receive a minimum of two (2) hours pay. "Standby" and "call back" time relate to either fire duty or emergency duty. Employees may exchange hours subject to the approval of the Director or his designee providing such exchanges do not result in overtime. The Village will provide a minimum of a seven-day notice for any change in shift schedules. However, the Village retains the right to make changes in schedules when extenuating circumstances dictate. • u 24 ARTICLR 21.A • COMPBNCATORY TIMB Lieutenants shall be scheduled to work five (5) eight (8) hour shifts per week. For purposes of this Agreement, compensatory time shall be defined as that period of time which ie earned by the employee for hours worked in excess of the the employee's 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, provided such use will not be unduly burdensome to the Public Safety Department's operation, and if approved by the Director and the Village Manager. In the event more than one employee requests use of compensatory time off for the same period, seniority shall be considered. Lieutenants may bank up to twenty-four (24) hours of compensatory time. 25 • ARTICLE 22. • PUBLIC SAFETY CONTTNriTNr irnrrnnTrn Courses to be taken during scheduled work time are subject to the officer's obtaining an approved replacement. In order to qualify for reimbursement under the VILLAGE'S tuition program, all courses to be taken must be prior approved by the Director of Public Safety and the Village Manager. The VILLAGE will reimburse the employee for the costs of public safety related continuing education. Any and all continuing education will be done on the employee's own time. Upon the effective date of this Agreement, employees being paid for having achieved a Bachelor's Degree ($50.00 per month), an Associate's Degree ($45.00 per month), or an Intoxilyzer Certificate (15.00 per month), shall continue to receive those amounts, and those amounts (annualized) will become a part of the employee's base pay rate and will no longer be paid as a bonus. C~ • 26 ARTICLE 23. • WQRK ASSIGNMENT OUT OF n E 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 chain of consecutive days will not be broken by Saturdays or the employee's day off, but will be broken if the employee elects to take a vacation or sick day during the five (5) day period. - An employee assigned to a rank which carries a rate of pay higher than the permanent rate of the assignee shall in the event of injury, illness, or death incurred while in the performance of service be compensated at the level of payment for that rank, and all benefits accrued thereof. C J • 27 ARTICLE 24. • MEDICAL E}CAMINATIONG Medical examinations shall be voluntary, except fo medical evaluation for the job classification. In where the VILLAGE requires said examination, then shall be borne by the VILLAGE. The Village agrees vaccinations and examinations as required by Florida Statutes. • • 28 r a post-job offer those situations the entire costs to provide those section 112.181, ARTICLE 25. • ~JNIFORM AND CLOTHIN ATrnwnNru A forty-five ($45.00) dollar monthly allowance shall be paid to all lieutenants for the repair and cleaning of clothing used in the performance of duty. 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 all lieutenants during the first pay period in October. Lieutenants shall be issued three (3) shirts and two (2) pair of pants. 29 ARTICLE 26. • VEHICLES AND EOUIPM.NT 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 repoYt 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 Automobi~ In the event an employee (if authorized and directed in advance) uses his own automobile for the performance of official duties on behalf of the VILLAGE, the employee will be compensated at the rate 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 while on their shift. • u 30 ARTICLE 27. • PER ONN rLE - OM rnrramc rt 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. Any form of documented disciplinary action shall be signed by the employee, which signature shall indicate that the employee has received a copy of the form but shall not indicate that the employee agrees with the discipline. The employee shall receive a copy of the documented disciplinary action. if a charge is brought and the officer is adjudicated as being innocent, then the complaint and charge shall be plainly and clearly marked as unfounded in all the personnel folders of the subject officer. 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. • 31 ARTICLE 28. . PROCEDURAL RIGHT 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 nornally 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 inforned of the names of all complainants. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. F. The law enforcement officer under interrogation shall not be subject to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answering any questions. G. The formal interrogation of a law enforcement officer, including all recess periods, shall be recorded and there shall be no unrecorded questions or statements. H. If the law enforcement officer under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely inforned of all of his/her rights prior to the commencement of the interrogation. I. At the request of any law enforcement officer under investigation, he shall have the right to be represented • 32 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. • 33 ARTICLE 29. • AGES All bargaining unit members who were employed during the 1995-1996 fiscal year and are employed at the date of execution of this Agreement shall receive a three percent (3~) increase in their base pay rate for the 1995-1996 fiscal year. The Cody & Associates, inc., Wage and Pay Plan Study minimum and maximum annual base pay rates shall increase by three percent (3~). In addition, all bargaining unit members who were employed during the 1996-1997 fiscal year and who are employed at the date of execution of this Agreement shall receive a four percent (4$) increase in their base pay rate for the 1996-1997 fiscal year. The Cody & Associates, Inc., Wage and Pay Plan Study minimum and maximum annual base pay rates shall increase by two percent (2k). In addition, all bargaining unit members who were employed during the 1996-1997 fiscal year and who are employed at the date of execution of this Agreement shall receive overtime pay at the bargaining unit members 1996-1997 rate of pay based on the following: Clay Walker - 43 hours Cindy Hawes - 38 hours • For the 1997-1998 fiscal year the parties will negotiate a Pay for Performance Program, which program provides a structured basis to provide the opportunity to reach the maximum rates per classification as set forth in the Cody & Associates, Inc., Wage and Pay Plan Study. Upon the effective date of this Agreement, employees being paid an incentive by virtue of having the Paramedic certification ($2,000 per year), EMT certification ($1,000 per year), or Fire Fighter certification ($1,000 per year), shall continue to receive those amounts as part of the employee's base pay rate and will no longer be paid those amounts as increments. The Cody & Associates, Inc., Wage and Pay Plan Study maximum annual base pay rates shall increase for those employeed entitled to receive these amounts. Starting Salary - During the fiscal year 1995-1996, the starting salary for Lieutenants will be $35,349.00. Effective October 1, 1996, the starting salary for Lieutenants will be $36,055.00. • 34 ARTICLE 30. LONGEVITY PAY Upon the effective date of this Agreement, the VILLAGE agrees to • continue to pay the following amounts, as part of the employee's base pay rate, to employees being paid longevity pay, and will no longer pay those amounts as longevity pay: 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 The Cody & Associates, Inc., Wage and Pay,Plan Study maximum annual base pay rates shall increase for those employees entitled to receive these amounts. • 35 • 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 fire fighter training as required by the Department or VILLAGE will receive pay at a rate of one and one-half regular pay if the fire fighting training time is above and beyond the employee's normal work week. If the employee fails to complete a full work week, pay for fire fighter training will be received at a regular rate of pay. The Village agrees to provide one week's advance notice for any training scheduled for weekends. • 36 u 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, and the. award will be paid on or before November 30. • • 37 ARTICLE 33. • ATTENDANCE AWARD PR RAM 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. • • 38 ARTICLE 34. • • • PROBATIONARY MPLOYEEG All employees shall be designated as probationary employees and shall remain in probationary status in their classification for one (1) year from their date of employment in classification. Periods of absence of three (3) shifts or more during probation will extend the probationary period by the amount of the absence or one week, whichever is greater. The probationary period shall be regarded as an intrinsic part of the examination process and shall be used for observing and evaluating the employee's performance and adaptation to employment in this classification and to meet additional educational requirements if needed. It is the obligation of all supervisory VILLAGE personnel to periodically review, in writing, the performance of all probationary employees and to recommend removal of personnel with less than an overall satisfactory performance from their position prior to the end of the probationary period. At a minimum, there shall be two (2) written performance evaluations conducted during the probationary period; the first evaluation at six (6) months of employment as a lieutenant, and the second during the final month of probation as a lieutenant. Upon the satisfactory completion o Director of Public Safety will notif that the lieutenant's performance continue in the position. f the probationary period, the y the Village Manager in writing is satisfactory and he is to 39 ARTICLE 35. • CONTRACT CONCmrT~rPES ENTrRR nrRRRM4*rr R THE P RmrgG 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. Notwithstanding anything to the contrary contained herein, the parties acknowledge and agree that they will continue to negotiate • a structured basis to provide the opportunity to reach the maximum rate per classification as set forth in the Wage and Pay Plan Study by Cody & Associates, Inc., and will negotiate the impact of the Jun 1, 1997 revisions to the Village Personnel Rules and Regulations. r1 ~J 40 ARTICLE 36. • I ~ L J C_J DURATION This Agreement shall become effective as of October 1, 1995, and shall continue in full force and effect until September 30, 1997. Immediately upon ratification of this Agreement, the parties will commence negotiations to modify, amend or terminate this Agreement for the 1997-1998 fiscal year. In the absence of notice this Agreement shall renew for another year. IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR HANDS AND SEALS THIS 9'~' DAY OF TA.raiv~x~. , 199.'f~. THE VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY POLICE BENEVOLENN ~SOCIATION BY • ~.Z:!s' THfi VILLAGE OF NORTH PALM BEACH BY: 41 PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION bpnimum Salary • Y ,~ u Qr S".. . i.~tr Mlnlmum Sentry • • PSO/Flre/Peramadk 3-0 eaBO Santos S 28,809.12 S ~ 26 809.12 3% ~ 9% 27 6~9 7/_819.99 -2% S 31,168_e9 S 31,465. 9-9 rs of Savlp 9.12 ers o! Servke 12 or more , f 26,800.12 S 28,009_12 S 26,609.12 _3% 3% 3% f _27,613.39 27,813.39 S 27 013,39 S 31~.~.66 S 2% S ,32985.86 tlFlre 3~ taB of 3erVlce o-9 aro or ssrvlce 9•t2 years or Servke t2 ormoro S 32008.00 S 32,006.00 f 32,888.00 S 32 606.00 S 321,666.00 ~ 996 3% S% i 3% ~3% 39_675.96 C 33 e45.98 9s,645.9e 84 . - 9Td_,M5.98 296 S_953. 1e•90 i 9S 016.9E _~96 i ~ 35,07 _ 296 S 36.21x.90 2% i SB.8t8.90 S 92,686.00 3% S 39^84b.98 2% S 3S 916.90 9.6 wn of 8erwee S 886.00 3% ~_33i84b.96 2% S 35,618. 8.9 wfa of SeMce S 92.886.00 ., 3% 5 33 645.98 S 95 916.90 9-12 wn or SeMce S 32,686.00 i 33_.96 ~ 2% S X6,216.90 ~ 12 or more ~ S 32~6.~00 ~ S% 33,615.9e S , 2% S 98 b1, 8.90 aremedk 3-0 wn of 6arvke e-9 yfMB of Setvke S 32_668.00 S 92.888.00 S 32,_660.00 S% 8% ~ _3% 5 ~ 33Le15.08 33,646.98 -3b45.98 2% S 36316.00 ~ e% S 3_sb 618.90 3 3e,910.90 9-12 years of SorWce S 32,060.00 3% ~ 5 93 e4,_ 5_98 S 97,218.90 72 or more S 3606.00 3% 33,845.98 2% S . 37,616.90 ~ ~ re/EMT S 32_888.00 3% , 33y64b.98 2% 96,318.90 9.0 yeare or s ~bbe.oo s% $ s3.e4s.96 s se,e16.9o ~ 6.9 sere of Servke S 32,088.00 -§% ~ 93045.96 2% S 38,9/8.90 0-12 B of Sefyka 72 or more i ,888.00 S ,y060.00 _ 3% 3% 845.98 i 335 2% S 37 18.90 ~ 2% S 37,516.90 SpVF7rert°aromedk 3A eaB of SeMce S 32,686.00 S 32 0~0-B.OU ~ _ 3% 3% S 33645.98 331646.90 2% S ~s7.318. 296 S ~ 37,070.90 6.9 aB of SeMce i 34.886.00 3% i 33845,.98 2% i dT,918.90 0-12 of SeMce S 32,_866.00 ~ 3% S S3 845.98 2% ~S 38,210.90 ~ 12 or more S 32_800.00 _3% S 33 ~.98 2% E 36,518.90 L7JFIre S 34320.00 396 5 ~9~D.80 ~ ~ 5 37,058.69_ 3-e are of SeMca S 34,320,00 3% S ,y9.60 2% S 37 956.69 r}•9 sots of SeMrA 5 31320.00 3% i 3~5 349.00 2% S ' 37,65859 9.12 886 of Sarvlce S 34,920,00 3% S 35,348.60 2% S 97,956.b9 12 ormoro i 34,320.00 3% x_35,349.00 2% d 38,?S8.b0 U/EMT S 34,320.00 ~ 3% 5 X9.00 2% S 37,058.69 3-0 eaBO73eMCe S 34,320.00 3% S 3594, 9.90 2% i 37,356.69 8-9 eaB 01 Service S 34 3~ 20.00 3% i 35,340.60 2% S 97.680.58 912 can of SeMce S 34,920.00 3% S 35,949.00 2% S 37,958.59 12 or more i ..34,320.00 396 S _ 35,349.80 2% S 38 b6.5>i Lt/Paromedic S 34320.00. 3% i. 95.319.80 _ 2% S 99.060.e9 3A Earb Of Service S 34320,00 3% S 35349.00 2% S 38,358.69 69 can o7 SeMce S 34,320.00 ~ 3% $ 3S_ .349.60 2% S 38.650.59 9.12 aB Of 6ervice S 34,320.00 3°,6 S 35,349,00 2% S 38,9$6.69 12 or more - S 34,320.00 3% S 351349,80 ~ 2% 5 39,250.59 lUFirelEMT S 34,320.00 394 S ~ 95,349.60 2% S 38.058.69 3$ eaB of 6ervice 69 eaB of Seryfce S 34,320.00 S 34,920.00 2% 3% S 3.5~ _34"9.60 i 3s,3W.80 2% t 98 356.69 2% S 36.85e.e9 9.12 reofServlce 12 or more S 34_,320._00 S 34 320.00 3% 3% i ,35,949,,80 ~ S 35,349.00 295 S 989 .69 2% S 39,250.69 LVFIrelPwamedk 3-8 aro of SerNce 69 wro or Service ¢±?y!ulaarservice S 34,320.00 S 34,320.00 S 34,920.00 s 34,3zo.0o 3% 37 3% -s% 5 35,349.60 6 S 95,340.80 5 35,349.60 s 35349.80 2% S 39,066.69 2% S 39.350.59 ~ 2°,6 5 39,65e.69 -'z% 5 ' se, .59 t2 or more ~ S 34.320.00 3% S 35, .00 2%i S 40.2,',r.,,. w • Maximum Increases Maximum Increases PSO/FltrJPat7meAk S 38,068.88 9% 3 37140.85 2% i 40 883A6 3$ arc of SeMce S 38,058.88 f S i 57,140.85 2% i 41,183.48 6-B era of3eNice .{__.._3-'805N.88 ~ _ 3% ~ S 37,140:85 .. _.. 2% ~ S 41,485.48 ~ 0.12 arc of Service i 36 068.88 3% S 37 140.65 2% S 41 783.48 12 w more S 38 058.88 9% S 37140.85 2% _ , S__42,083A0 UFIro 341 rs of 8eMce S 43,929.80 S 43,928.80 S S 45247.49 S 45,247.40 2% 2% S 47152.44 S d7,452.µ 8.0 arc of 6ervice S 49,829.60 3 45,247;48 2% S 47 752 44 9.12 rs of Service 12 or more , S 47,920.80 S 43,828.60 ,. ., , S% 9% __ , S 45,247.48 3 45 247.48 _ ~ _ 2% 2% , . S 48 062,44 i 48 352.14 EMT S 43929.80 3% S 45247.49 ~~_Y% S 47,1b2,µ 34 arc of 8eMce >f^ 443,929.60 ~ 3% i 45 47.19 2% S__/7,452.µ 6-8 ars Of SeMce S 43,920,80 3% ~ ~ S 45,247.19 2% S 47,752,44 9.12 ears ofSenice S 49,929.00 ~7% _ S 45t247A9 __. 2% , , i 48,052,44' 12 w more S 43.929:60 ..._ 3% , .S 45 A7A0 _ . _ . _ 216 S d8.352.µ , eremedic 3-0 ears of 8ervke S ~ 47 920.80 S 43 929.80 ~ ~9% 3% •----- S 45,247.49 S 45 247.49 ~ ~ ~~ ~ ~2% 2% S 48t52µ S 48 d52.µ 4.9 ers of Servloe 0.12 sere of Service S 43,029.80 S 49 929.00 S% 3% S 45,247.49 S 45,247.40 2% 2% S 46 7S2.µ S 4D,052.µ 12 w moro S 43 928.80 9% S 45,247.49 2% i 48,352.14 IreJEMT 3~8 ars of BeMce i 43,929.60 S 43,929.80 ___ 3 _ ~ ~ 7% _~..... S 45,?A7.40 S 4~~7.49 _ __ 2% 2% _ 481S2.µ ~t ~ 48,4524{ 6.9 rc of 8ervloe 0.12 eats of SaMce 12 w more d3 929.80. S 45,929.80 S 43,829.80 . 396 S% 3 ,.__ i 45 47.49 S 45.247.40 i 45,24 ,49 __ _._.290 2% 2% _t .. 48 762.14 S 49 O52.µ i d9,352.µ S UFlro/ParemeClc r 345 rs of SaMOe S, 43 929.80 i 43929.80 ~~ ~ 396 3% S 45 47A9 S 45,247.4D 2% 2% S 40152.44 i 49O52.µ 68 ears of SeMce 9.12 ears of 8ervko S 4S 920.80 S 43 928.60 S% 3% i 45 47.49 S 46,247.49 2% 2% S 49 752.44 i 60O52,µ 12 or more_ S 43,929.80 9 S 45247.40 2% S 50 3S2,µ LUFiro 3.6 ears of Service 89 ars of ServlcA 9.12 ers of SaMce 12 or more LVEMT 3~6 eero Of SeMce S ,_43,929_80 S 43 929.60 S 43929.60 S 43,828.80 i 43,829.80 S 43 829.8D S 43 929.80 __ __ 3% ~~ ~~ 3% 3% 9% 3% 3% 3% S 45,247.49 S 45 47.49 S 45 47.40 S 45 247.48 i 45,247A0 S 45247.49 S 45247.49 2% 2% 2% 2% 2% 2% 2% `--- i _d7,152.µ E ~ 47,452.44 S 47 7S2.µ S 48 O52µ S , 48,352.44 i 4715Y.µ S 47O52.µ BA root BeNlce 812 Bare of SeMce 12 or more 3 43 929.80 S 43,920.80 S 43 828.80 3% 9% S% S 45 247.49 S 45247.49 3 45,247.40 2% 2% 2% S 47 762.µ S 48 O52,µ S 48 3S2.µ aremeGlc S 13,828.80 3% S 45',247.19 2% d8,152.µ 3A~rears of 8eN1CB 6~9 ers of SeMce i 43 929.6D S 43929.80 3% 3% i 45 247.49 S 45 247.49 2% 2% >i ~ ~ 4S,462µ S 48 752.44 &12 ars of Service 12 or more S 43 928.00 S 43,920.80 S% 3% S 45,247.49 S 45247.49 2% 2% S 49 052.44 S 49,352.44 LUFIrelEMT 341 ers of 3ervke 8~9 ers of Service 9-12 ears of 8ervke S 43,929.80 S 43 929.80 S 43,029.80 S 18,928.80 9% S% 3% 3% S 45,247.49 S 45 247.49 S 45 247.00 i 45247.19 2% 2% 2°,6 2% i q8152,µ S 48 452A4 S 48 7S2,µ S 49,052.44 12 or more S 43 029.80 3% S 45247.49 2% S 49 352.44 L67'IrolParcmetlic S 49,029.80 _..._.. 3% ~ ~ S 46,TA7,49 ~ ~ ~ ~ __ 2% ~ S 40,162.44 3$ rc of Servke S 43,029:80 ~~ ~ _ , .. 39: . S_ 45.tit7A0 2% S 49,4S2A4 8.9 arc of Servke 43129.80 5 __ 3% ~ i 45.247.49 _ _ ~ 2% _ ~S ~ 49,764.4{ 0.12 can of Service S 43,928.80 S% S .,. /5,?A7.49 , 2% i 50,052.44 (12 w more I S 43 929.80 I 3%I S 45247 49 I 2%I S 50 352 µ l