2001-092 PBA Agreement Effective 10/1/2001RESOLUTION NO. 92-2001
u
A RIiSOLUTION OF TI-IE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR, VILLAGE
MANAGER AND VILLAGE CLERK 7'O ENTER INTO AN AGREEMENT BETWEEN THE
VII,I,AGE AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE.
BE ]T 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 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 set forth in
F,xhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. 'T'his Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2001
(Village Gerk)
n'1°flsT
• v~ VILLAGE CLERK
•
2001 - 2002
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
• ARTICLE I.PREAMBLE ....................
ARTICLE 2.ASSOCIATION RECOGl
ARTICLE 3.DISCRSMINATION ........
ARTICLE 4.VALIDITY .......................
ARTICLE S.WORKER'S COMPENSA
ARTICLE 6.HEALTH INSURANCE..,
ARTICLE 7.N0 STRIKES - NO LOCF
ARTICLE 8.MATERNITY LEAVE.....
ARTICLE 9.PAID BEREAVEMENT I
ARTICLE ]O.MILITA.RYLEAVE.......
ARTICLE 11.SICK LEAVE .................
ARTICLE 12.COURT APPEARANCE
ARTICLE 13.MANAGEMENT RIGH'J
ARTICLE 14.SENIORITY ....................
ARTICLE 15.PAID VACATIONS .......
ARTICLE 16.PAIDHOLIDAYS..........
ARTICLE 17.GRIEVANCE PROCEDI
ARTICLE 18 DISCIPLINARY APPEA
ARTICLE 19.ASSOCIATION ACTIVI
ARTICLE 20.RULES. REGULATION;
ARTICLE 21.BULLETIN BOARD ......
ARTICLE 22.SCHEDtiL ED HOURS
ARTICLE 23COMPENSATORY TIMI
ARTICLE 24.PUBLIC SAFETY CON7
ARTICLE 25.WORK ASSIGNMENT
ARTICLE 26.MEDICAL EXAMINAT]
ARTICLE 27.iJNIFORM AND CLOTP
ARTICLE 28.VEHiCLES AND EQUIP
ARTICLE 29.PERSONNEL FILES - C~
ARTICLE 30.PROCEDURAL RIGHT
............................................... .......................................... 2
IITION BARGAININ INI T ........................................ 3
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TION ...................................... ......................................... 6
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:OUTS .................................... ......................................... 8
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,EAVE .................................... ....................................... 10
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................................................ ....................................... 20
JRE ARBITRATION ............. ....................................... 21
j~,~ ........................................... ....................................... 26
TIES ....................................... ....................................... 28
>. D F..TIV ..................... ....................................... 29
................................................ ....................................... 30
IVERTIME PAY .................... ....................................... 31
............................................. ....................................... 32
' TiN D ATION ........ .......................................33
)UT OF GRADE .................... ....................................... 34
.4rI~ ....................................... ....................................... 35
PING ALLOWANCE ............. ....................................... 36
M~~I~LT .................................... ....................................... 3 7
JMPLAINTS ......................... ....................................... 3 8
...................:........................... ....................................... 39
ARTICLE 31.WAGES ................................................................................................................. 4]
ARTICLE 32.LONGEVITY PAY ................................................................................................ 42
ARTICLE 33.TRAINING ............................................................................................................ 43
ARTICLE 34.PROBATIONARY EMPLOYEES ........................................................................ 44
ARTICLE 35.CONTR_ACT CON TIT TT'EC .NT F A F. M NT OF TH P RTI ..... 45
ARTICLE 36.DURATION ........................................................................................................... 46
•
• ARTICLE 1.
PREAMBLE
This Agreement is between THE VILLAGE OF NORTH PALM BEACH, a municipal
organization, hereinafter referred to as "VILLAGE" and the PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION, hereinafter referred to as "ASSOCIATION", for the purposes of
promoting harmonious relations between the two parties, to establish an orderly and pcacefu]
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.
•
2
ARTICLE 2.
• ASSOCIATION RECOGNITION BARGAII~IING iJNIT
1. The VILLAGE recognizes the ASSOCIATION as the certified bargaining agent for
the regular full-time employees designated as patrolmen, detectives, detectives-sergeants, sergeants,
police dispatcher and public safety (records) clerk dispatcher, as indicated in PERC Order No.89E
-334 issued on November 8, 1989 or as modified by PERC.
2. The term "employee" in this Agreement means those individuals employed by the
Village in positions represented by the ASSOCIATION regardless of membership in the
ASSOCIATION.
•
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 regazd 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 regazd to race, creed, color, national origin, marital status,
sex, age, disability, or political affiliation in violation of any federal, state or local law.
• 4
ARTICLE 4.
• VALIDITY
If any non-monetary provision of this Agreement shall be held invalid, the remainder of this
Agreement shall not be affected thereby. In the event a monetary provision of this Agreement is
held invalid, the parties, at the request of either party, shall meet as soon a practicable and reopen
negotiations of the monetary provisions of this Agreement.
•
• ARTICLE 5.
WORKER'S COMPENSATION
1. The VILLAGE will carry Worker's Compensation coverage for all employees
covered by this Agreement in accordance with the law.
2. No benefits or payment under this Article shall be made where the disability is self-
inflicted, or the disability continues as a result of the employee's failure to fully cooperate with
medical advice or corrective therapy, or where dmgs/alcohol are present at the time of the injury.
3. In the event of an on-the job injury determined to be compensable under the
provisions of the Workers' Compensation Act for a regular full-time employee, said employee will
be carved at full pay up to 180 days per yeaz less any workers' compensation benefits. In order to
be considered for this injury in line of duty benefit, the following conditions must be met:
A. The employee must provide written testimony of evidence that his injury was
received in the line of duty. An injury received while the employee is attending a
department approved school or training program shall be considered a line of duty
injury.
B. Any employee who has a claim for compensation because of an injury on the job as
described above shall file a claim, on the form provided by the VILLAGE, with the
Director of Public Safety.
C. Any employee who is able to return to work after a job related injury shall be
reinstated to his former job, provided he is qualified to perform all of the duties and
responsibilities of his previous position and is certified by a medical doctor prior to
the employee returning to work. The VILLAGE may require confirmation of fitness
to return to work.
D. If he is unable to assume his former responsibilities, the employee shall have first
preference to fill another VILLAGE Public Safety position, if a vacancy occurs, and
the employee qualifies for such position.
E. Nothing herein shall require the VILLAGE to create a light duty position when there
is no operational or fiscal justification for its creation.
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ARTICLE 6.
• HEALTH INSURANCE
1. The VILLAGE agrees to pay one hundred percent (100%) of the medical, dental and
hospitalization insurance premiums for the employee and fifty percent (50%) of the employee's
dependent's medical, dental and hospitalization insurance. The VILLAGE shall apply all premium
contributions paid by, or withheld from the employee to the cost of the employees' dependents'
coverage.
2. A $200.00 per person deductible will apply to medical and hospitalization claims.
A $100.00 per person deductible will apply to dental claims, subject to restrictions and
qualifications of the self-insurance plan or if the managed caze dental plan is selected, a co-pay for
services (with no deductible) may be chazged. Benefits will be those that aze 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 carver or it may self-
insure if it so desires.
Prescription Plan. The VILLAGE will make available a Prescription Dmg Plan as
follows:
A. All prescription drugs authorized by the plan, in order to be covered, must be
purchased with the prescription drug plan cazd. If rejected, claims maybe submitted
to the insurer and will be processed accordingly.
B. Prescription drugs authorized by the plan that are purchased at participating
pharmacies will be discounted. The co-payments paid by the employee are not
applied to the deductible under the Medical Plan.
•
• ARTICLE 7.
NO STRIKES - NO LOCKOUTS
I . It is mutually agreed by the parties hereto that throughout the life of this Agreement,
there shall be no strikes or stoppage of work.
2. The parties agree to comply with Florida State Statutes regarding any strikes or
stoppages of work.
•
ARTICLE 8.
• MATERNITY LEAVE
1. Whenever an employee shall become pregnant, she shall furnish the Director with
a certificate from her physician, stating the approximate expected date of delivery. Such notice shall
be given not less than thirty (30) days before the date the leave is to begin.
2. She may continue to work in her regularly assigned job classification until her
physician certifies that she is no longer able to perform the essential functions of that job. Matemity
leave shall start with cessation of actual work and continue fot a period not to exceed six (6) months,
provided that in all cases an employee shall be perntitted to take at least twelve weeks leave after the
actual delivery. If the employee desires to be paid while on maternity leave, paid leave shall be
exhausted in the following order: sick leave, vacation, other personal leave.
3. Matemity leave may be extended if medically necessary, as determined by the
employee's doctor.
4. Nothing herein shall prohibit an employee from requesting and receiving apre-
delivery or post-delivery accommodation as requested by the employee's doctor, under ADA
standards for any disability associated with, or caused by her pregnancy.
•
9
ARTICLE 9.
• PAID BEREAVEMENT LEAVE
1. The VILLAGE agrees that when a death is imminent or occurs in the family, (family
as herein defined):
father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, grandparent, foster parent, nephew, niece,
aunt, uncle, first cousin, step-father, stepmother, step-brother, step-sister orstep-child of the
employee.
2. An employee scheduled for five (5), eight (8) hour days, shall be allowed three (3),
eight (8) hour days of bereavement leave with pay for purposes of bereavement. A request for
additional time maybe granted, subject to the discretion of the Village Manager or his designee.
3. An employee scheduled for twenty-four (24) hours on duty and forty-eight (48) hours
off duty, shall be granted twenty-four (24) hours for bereavement leave with pay for purposes of
bereavement. A request for additional time maybe granted, subject to the discretion of the Village
Manager or his designee.
• 10
ARTICLE 10.
• MILITARY LEAVE
1. Employees who aze members of the U.S. Armed Forces Reserves or the National
Guard will be granted leave in accordance with state and federal law, including travel time, for the
purpose of attending annual active duty for training.
2. A copy of employee's Military Orders are to be forwarded to the Director or
VILLAGE Manager prior to taking military leave.
• 11
ARTICLE 11.
• SICK LEAVE
Sick leave will be paid when the employee is absent from duty due to the following
reasons:
2. An employee's injury or illness or necessary medical treatment which precludes him
or her from reporting for duty;
3. Any injury, illness or necessary medical treatment of an employee's spouse, child,
step-child or pazent 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.
4. 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.
5. 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.
6. Sick leave maybe accumulated with no maximum. Any employee who voluntazily
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). Sick leave days will be converted to
eight (8) hour days before pay out. This payment provision does not apply to any employee who is
discharged for cause. A deceased employee's pay for sick leave shall be paid to the estate of the
decedent.
Sick Leave Reimbursement
7. Employees who have accrued forty eight (48) days of sick leave ("minimum base")
may request reimbursement for sick leave accrued over the minimum base. Reimbursement by the
VILLAGE will be on a 50% basis for every sick day above the minimum. Sick leave days will be
converted to eight (8) hour days before pay out.
8. Sick leave reimbursement is a voluntary right of the employee. An employee can
only submit a request once per year during the month of May. The VILLAGE will reimburse the
employee no later than November 30 of each yeaz.
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9. The Finance Director will be responsible for establishing a reimbursement form and
• accounting for the base and other data necessary to financially administer this program.
10. The employee will be required to sign acertificate/affidavit confirming that the
reimbursement for the sick leave is final and will not be subject to the grievance process.
• 13
ARTICLE 12.
• OOURT APPEARANCES
1. Any member required to attend a judicial matter arising from the performance of
his/her duty shall be compensated for said services as follows:
A. Attendance while on duty, payment at regular pay scale.
B. Attendance while off duty, payment of one and one-half hourly rate.
C. A minimum guarantee of two (2) hours payment will be made for any appearance
under this article to an employee who is off duty on the day of the appearance but the
appearance is more than two (2) hours before the beginning or more than two (2)
hours after the end of the employee's shift. If the employee is on duty on the day of
the appearance but the appeazance is less than two (2) hours before the beginning or
less than two (2) hours after the end of the employee's shift, the employee will be
paid for the actual time spent attending the judicial matter.
D. Witness fee shall be retained by the officer.
2. Members who are required to attend a judicial matter arising from performance of
his/her duties shall give notice to the Public Safety Duector and the Village Attorney. Rescheduling
may be requested and coordinated by the VILLAGE.
3. Payment shall be made as soon as possible (by the next) payroll period following
completion of the service.
4. Travel in excess of twenty (20) miles outside the perimeter of the VILLAGE shall
be compensated as one (1) hour of wages for the employee concerned.
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ARTICLE 13.
• MANAGEMENT RIGHTS
1. It is recognized and agreed that, except as specifically stated herein, the VILLAGE
retains whatever rights and authority it possessed prior to entering into this Agreement, including
but not limited to the right to operate and direct the affairs of the VILLAGE and its Public Safety
Department in all its various aspects; to direct the working forces; to plan, direct, and control the
operations and services of the Department; to determine methods, means, organization and personnel
by which such operations and services are to be conducted; to assign and transfer employees; to
schedule the working hours; to hire and promote; to demote, suspend, discipline, or discharge for
just cause; to relieve employees for lack of work or for other legitimate reasons; to make, establish,
and enforce rules and regulations; and to change or eliminate existing methods, equipment, or
facilities (provided, however, that such actions are not inconsistent with the terms of this
Agreement).
2. The ASSOCIATION and the VILLAGE recognize that the residents of North Palm
Beach are entitled to receive services at the highest possible level, subject to budget constraints.
Therefore, the ASSOCIATION pledges that it will encourage employees to increase their
productivity and raise their individual level of service in order to provide and maintain the delivery
of services at the highest possible level.
3. The ASSOCIATION agrees that all employees covered under this Agreement shall
comply with all VILLAGE Personnel Rules and Regulations, including those relating to conduct and
work performance. Except where the Agreement conflicts with said regulations, the Agreement
terms remain in effect.
4. If at the discretion of the Village Manager or his designee, it is determined that a civil
emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions
or other catastrophes, the provisions of this Agreement maybe suspended by the Village Manager,
or his designee, during the time of the declazed emergency, provided that the wage rate and monetary
fringe benefits shall not be suspended,
5. Those inherent managerial functions, prerogatives and policy making rights which
the VILLAGE has not expressly modified or restricted by a specific provision of this Agreement are
not in any way subject to the grievance and/or azbitration procedure contained herein.
15
ARTICLE 14.
• SENIORITY
1. Seniority shall be defined as length of service in position (i.e. sergeant) with the
VILLAGE Public Safety Department.
2. Seniority will govern selection of vacation schedules and preference in working
overtime, provided the Public Safety Director has the final authority to over-ride seniority for
extraordinary operation reasons and his decision in that regard is not grievable. When the Public Safety
Director over-rides a request based on seniority, he shall inform the requesting party in writing of the
basis of his decision.
3. When the Department requires overtime work to Sll a vacancy, the overtime assignment
shall first be offered to an employee who is already on duty. If no employee on duty is able or quali fled
to work the overtime assignment, offduty personnel will be called. In either circumstance the overtime
assignment shall be offered on the basis of seniority, using a "overtime wheel." The overtime wheel
shall function to identify employees in order of seniority with the Public Safety Department.
4. Scheduled overtime shall be distributed to all qualified employees who wish to
participate on an overtime wheel. If an employee refuses his or her turn on the wheel, he or she will
be charged as if he or she had worked and will go to the bottom of the overtime eligibility list. With
each opportunity to work overtime, only one employee may pass on the opportunity to work the
overtime assignment. When an employee passes, the next employee on the list may be ordered to
work the overtime assignment.
5. Where a promotional opportunity shall occur and two or more employees are under
consideration, the Director shall give due consideration to seniority and qualifications.
6. 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 aze substantially equal:
A. Sufficient ability and qualifications to perform the work.
B. Performance evaluation.
C. Physical condition and job attitude.
7. 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.
8. An employee shall be recalled in inverse order of layoff.
• 16
•
9. 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.
10. Seniority shall continue to accrue during all types of leave approved by the
VILLAGE.
• 17
•
•
ARTICLE 15.
PAID VACATIONS
1. Vacation days accrue but may not be taken during the first year of service.
Exceptions to this general rule may be made by the Director in his discretion. All personnel who
have completed one (1) year or more of full-time service shall be entitled to take vacation with pay
in accordance with the following accrual schedule:
LENGTH OF SERVICE
DAYS OF VACATION
Non-24 Hr. Employees, PSO'S
Dispatchers
Less than 7 years 10 working days= 80 hours
7 Years but less 15 working days = 120 Hours
than 12 years
12 Years and over 20 working days = 160 hours
24 Hr. Employees
Paramedics
5 shifts=2 weeks=120 hours
7 shifts=3 weeks=180 hours
10 shifts=4 weeks=240 hours
2. Vacation, sick leave, or any other paid leave, shall be included in the computation
of the one year of required full service.
3. All employees twice yeazly shall select vacations. Initial selection of vacations will
be by seniority within the classification. If a bazgaining unit member chooses to change the vacation
selection, he must then wait until the vacation list passes through all other remaining members of
the classification, at which time he or she shall then be eligible to change the selection.
4. In the event a paid holiday should occur during an employee's vacation period, the
employee shall receive an additional duty day off with pay. Employment terminated without cause,
or by layoff, or by retirement, illness or injury shall not affect payment of earned vacation time. An
employee shall not lose his vacation with pay, if incapacitated due to an injury or illness incurred
in the line of duty. The vacation time shall be reassigned upon return to duty.
5. If employment is terminated by death, the estate of the employee shall receive
payment for the earned vacation days.
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• 6. Vacation days shall be credited and reported per pay period, to indicate hours
accrued less hours taken, reflecting net vacation hours available per pay period.
7. The maximum number of vacation days an employee may accrue is the unused days
accrued during the employee's previous two (2) yeaz 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 yeaz period prior to temunation, retirement or death. Vacation leave
days will be converted to eight (8) hour days before pay out.
•
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ARTICLE 1 G.
• I'AiD HOLIDAYS
1. The following days shall be considered paid holidays, and all employees will receive
pay for these days even if they do not work:
New Yeaz's Eve Veteran's Day
New Year's Day Thanksgiving Day
Memorial Day Friday following Thanksgiving Day
Independence Day Christmas Eve
Labor Day Christmas Day
2. In the event an employee does work on any of the above named holidays, the
employee shall be paid eight (8) hours of straight time compensation plus time and one-half the
regular rate ofpay for all hours actually worked.
3. If a holiday occurs when an employee is absent from work on paid leave under this
collective bazgaining 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 ofpay.
4. Except for absence due to the instances cited above, holiday payment is subject to the
employee working his/her regulazly scheduled shift on the day prior to the holiday and his/her
regular scheduled shift orr the day following the holiday. An employee entitled to overtime
compensation may receive compensatory time off in lieu of pay at straight time for holidays.
• 20
ARTICLE 17.
• GRIEVANCE PROCEDURE ARBITRATION
ct~ n l:
In a mutual effort to provide a harmonious working relationship between the parties to this
Agreement, it is specifically agreed and understood that there shall be a procedure for the resolution
of disputes between the parties. For the purpose of this Article, a grievance is defined as, and limited
to, any dispute, difference or controversy involving the interpretation or application of this
Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary action
unless otherwise grievable. If the dispute is not covered by the grievance procedure as set forth in
the Agreement then the dispute shall be processed as set forth in Article 18.
Section 2:
For the purpose of this Article, time is considered to be of the utmost importance.
Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with
the time limits provided below shall be considered exclusively abandoned and shall be barred,
forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all
rights to arbitration. Any grievance not answered or processed by the VILLAGE within the time
limits provided below shall be deemed resolved in favor of the grievant.
Section 3:
Grievances shall be presented in the following manner:
Step I: In the event an employee covered by this Agreement believes that
there is a basis for a grievance, as that term is defined above, he shall first discuss the
alleged grievance with the immediate supervisor, and may be accompanied by a
representative of the employee's choice, if so desired. This fast discussion shall take
place within ten (10) calendar days of the occurrence of the events which gave rise
to the alleged grievance, or within ten (10) calendar days of when the employee knew
or should have known of the existence of the events giving rise to the alleged
grievance.
Step 2: In the event that the employee is not satisfied with the disposition of
the grievance at Step 1, he may file a formal grievance, on a form approved by the
VILLAGE. Such a grievance must be filed within ten (10) calendaz days after the
informal discussion is held at Step 1. Said grievance must be in writing, must be
signed by the employee or the Association as his representative and must contain:
(a) the date of the alleged grievance; (b) the specific article (s) of this Agreement
• allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievances;
21
and (d) the relief requested. The formal grievance shall be submitted to the Public Safety
• Director or his designee. The Public Safety Director shall, within ten (10) calendar
days after the receipt of the forntal written grievance, render his decision on the
grievance in writing.
The Director shall reply in writing within ten (10) calendar days of receipt of the
grievance. Failure by the Director to reply within the time period shall be held to be
an approval of the grievance and the remedy sought
Step 3: In the event that the employee is not satisfied with the disposition of
the grievance by the Public Safety Director at Step 2 he/she shall have the right to
submit the grievance to the VILLAGE Manager within ten (]0) calendar days after
the disposition. Such grievance must be accompanied by the filing of a copy of the
original written grievance. The VILLAGE Manager shall, within ten (10) calendar
days of receipt of the grievance, render his decision in writing.
If the Village Manager shall fail to reply in writing, such failure shall be deemed as
an approval of the merits of the grievance or dispute and the remedy sought.
Section 4:
Where a grievance is general in nature in that it applies to a number of employees having the
same issue to be decided, or if the grievance is directly between the ASSOCIATION and the
VILLAGE, it shall be presented directly at Step 3 of the grievance procedure, within the time limit
provided for the submission of the grievance at Step 2, and signed by the aggrieved employees or
the Association representative on their behalf.
Section 5:
In the event a grievance processed through the grievance procedure has not been resolved at
Step 3 above, either party may submit the grievance to azbitration within ten (10) calendar days after
the VILLAGE Manager's disposition of the grievance. Such request shall be in writing to the other
party, and if delivered by mail, postmazked within ten (10) days of the Village Manager's disposition
of the grievance. The arbitrator may be any impartial person mutually agreed upon by the parties.
However, in the event the parties aze unable to agree upon said impartial arbitrator, the party seeking
the appointment of an arbitrator shall, within five(5) days, request the Federal Mediation and
Conciliation Service to furnish a panel of seven (7) names from which each party shall have the
option of striking three (3) names in alternating fashion, until the parties select a neutral or impartial
arbitrator. The party striking first shall be detemtined by the toss of a coin. The selection process
shall occur within five (5) calendar days of receipt of the panel list.
• 22
Section 6:
• Whenever the grieving party is satisfied with the disposition of the grievance at any step of
the grievance procedure, or if the grieving party does not process the grievance in accordance with
the specified time limits, processing of the grievance by the VILLAGE will automatically stop.
However, a grieving employee may not partially accept and partially reject a disposition of his
grievance. The employee must either accept or reject the disposition of his grievance, in its entirety.
Thus, for example, if any employee grieves a temtination, and is ordered reinstated without back pay
at one of the steps of the grievance procedure, he may not accept the reinstatement and continue to
grieve the loss of back pay. His only choices would be to accept the disposition of his grievance,
or remain discharged and pursue the grievance further.
Section 7:
For the purposes of this Article, the term "calendaz day" is defined to include every day
except Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of
whether the grievant is on duty or off duty.
Section 8:
The time limits contained herein are to be strictly adhered to and may only be extended by
written agreement between the parties.
ecti n
The VILLAGE and the ASSOCIATION shall mutually agree in writing as to the statement
of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall
confine his decision to the particular grievance thus specified. In the event the parties fail to agree
on the statement of the grievance to be submitted to the azbitrator, the azbitrator will determine the
statement of the grievance, provided, however, that the arbitrator shall have no authority to change,
amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof
or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter
which is stated in this Agreement not to be subject to arbitration or which is not a grievance as
defined in this Article, except to the extent as specifically provided herein or expressly agreed to by
the parties.
Section 10:
The azbitrator may not issue declazatory opinions and shall confine himself exclusively to
the question(s) presented to him, which questions(s) must be actual and existing.
•
23
Section 11:
• Each party shall beaz the expense of its own witnesses and of its own representatives for the
purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses
of obtaining a hearing room, if any, shall be equally divided between the parties. Any person
desiring a transcript of the hearing shall beaz the cost of such transcript unless both parties mutually
agree to share such costs.
Section 12:
The arbitrator's award shall be final and binding on the parties.
Section 13:
For the first three hundred sixty-five (36S) days of consecutive service with the VILLAGE,
an employee is probationary. That is, the employee serves at the will and pleasure of the VILLAGE
and thus he may be disciplined or discharge without explanation or for any reason deemed suflicient
by the appropriate VILLAGE oflicial. Accordingly, probationary employees shall have no right to
utilize this grievance/arbitration procedure for any matter concerning dischazge, suspension or other
discipline.
Section 14:
The ASSOCIATION Representative will be furnished with a copy of each grievance filed
by an employee within the bazgaining unit.
Section 1S:
Employees may request to have a ASSOCIATION representative present at any step of the
grievance procedure.
Section 16:
The ASSOCIATION will not be required to process the grievance ofnon-members. The
ASSOCIATION will not be responsible for grievances proceeding to arbitration without being first
notified by the VILLAGE in writing (and with a copy of the grievance) by the VILLAGE in a timely
manner. The ASSOCIATION Representative will have his/her name, address and all contact
numbers on file with the VILLAGE.
Section 17:
The parties agree that the settlement of any grievance by the parties prior to the rendition of
• a decision by an azbitrator shall not constitute an admission that the contract has been violated nor
24
shall such settlement constitute a precedent for the interpretation or application of the provisions
• of this Agreement.
Section 18:
When azbitrability is raised by the VILLAGE with respect to any grievance, the issue of
arbitrability shall be determined by the azbitrator no less than thirty (30) days prior to
commencement of an arbitration hearing on the grievance itself.
If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the
P.B.A. of such within ten (10) days of receipt of the P.B.A. request to proceed to arbitration. The
parties agree that in such an instance, the VILLAGE may submit solely the question of arbitrability
either to an azbitrator or to a court. If the azbitrability issue is submitted to an azbitrator, the decision
shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral
argument allowed; and shall be submitted to the azbitrator within ten days of selection of the
arbitrator. The arbitrator shall render the decision within fifteen days of receipt of the parties'
submissions.
Whichever party loses on the issue of azbitrability shall pay the costs involved in that
proceeding.
If there is no objection by either party to the azbitrability of the grievance, and the above
mentioned procedure has been fully complied with or results in a determination that the grievance
is arbitrable, the parties shall proceed to arbitrate the grievance.
• 25
• ARTICLE 18
pISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
1. An employee who wishes to challenge any disciplinary action, shall
file a notice of appeal to the Public Safety Director within ten (10) calendar days of
notice of the disciplinary action. When an employee has received a written
counseling, the employee may, within 10 days of receipt of the written counseling,
submit a written rebuttal which shall be attached to the written counseling document
in the employees' personnel file.
2. Upon receipt of a notice of appeal, the Public Safety Director or his
designee shall have ten (10) calendaz days to review the discipline and to advise the
employee that the discipline is either (I) sustained; (ii) reversed; or (iii) modified.
Failure of the Public Safety Director to respond within ten (10) calendar days shall
constitute a determination that the discipline is sustained.
3. An employee who is not satisfied with the Public Safety Director's
decision can further appeal a discipline to the VILLAGE Manager. Upon receipt of
a notice of appeal, the VILLAGE Manager shall have ten (10) calendaz days to
review the discipline and to advise the employee that the discipline is either (I)
sustained; (ii) reversed; or (iii) modified. Failure of the VILLAGE Manager to
respond within ten (]0) calendaz days shall constitute a determination that the
discipline is sustained. The decision of the VILLAGE Manager shall be final unless
appealed as hereinafter set forth.
4. An employee who is not satisfied with the VILLAGE Manager's
decision can further appeal a discipline greater than a written reprimand to arbitration
using the same procedure for appointment of an azbitrator as set forth in Article 17
above. The request for appointment of an arbitrator must be made to the VILLAGE
Manager in writing within ten (10) calendar days of the VILLAGE Manager's
decision. The decision of the azbitrator shall be made within thirty (30) days
following the conclusion of the hearing or the deadline for closing briefs, whichever
is later. The arbitrator may sustain, reverse, or modify the discipline which was set
by the VILLAGE Manager. The decision of the Arbitrator is final and binding on
the parties.
•
26
5. No employee shall be subject to discipline of any type without just cause.
• No employee shall be subject to a suspension without pay or a termination without first
being afforded apre-determination conference with the VILLAGE Manager or his/her
designee. No pre-detet~rtination conference shall be conducted with less than ten (10)
calendar days notice to the employee.
• 27
• ARTICLE 19.
ASSOCIATION ACTIVITIES
1. An employee shall have the right to join or not join the ASSOCIATION, to engage
in lawful concerted activity for the purpose of collective bazgaining or other mutual aid or protection,
to express or communicate any view, grievance, complaint or opinion relating to conditions of
employment or compensation, through duly appointed ASSOCIATION representation, all actions
to be free from any and all restraint, coercion, discrimination or reprisal by the VILLAGE or the
ASSOCIATION.
2. ASSOCIATION officials and/or members, no more than two (2), shall be granted
reasonable time during working hours, without loss of pay, to negotiate with the representatives of
the VILLAGE.
3. Reasonable time shall be granted for the processing of grievances with a duly
designated representative of the ASSOCIATION during working hours. The VILLAGE, in its
discretion, may stop the use of such time off if it interferes with productivity or manpower needs.
However, the exercise of such right on the VILLAGE'S part shall not be arbitrary or capricious, nor
shall it allow the VILLAGE to proceed in a manner which deprives the employee of his or her right
of representation. A ASSOCIATION representative shall be permitted to accompany a fellow
employees in circumstances such as:
A. The employee is required to appeaz at a hearing related to a grievance.
B. The employee is presenting or responding to a grievance.
C. The employee is subject to interrogation in conjunction with an internal affairs
investigation.
D. The employee isattending apre-determination hearing.
4. The Village Manager shall be immediately notified in writing, of changes of
appointed ASSOCIATION representatives.
5. ASSOCIATION representatives shall be permitted to wear ASSOCIATION insignia
while on duty. Said insignia shall be approved by the Director or his designee.
28
ARTICLE 20.
• RULES REGLIi ATIONS DIRECTIVES
1. Amendments, additions or modifications to personnel rules, regulations, and
departmental directives shall be in writing and a copy of the same shall be submitted to the
ASSOCIATION no less than fourteen (14) days prior to implementation.
2. Nothing in this Article shall be construed as a waiver of the ASSOCIATION'S right
to bargain over the impact of any rule change which has the practical effect of altering the terms and
conditions of employment, as established in this Agreement. Such a request for bargaining must be
received within seven (7) days after notification to the Association by the VILLAGE of the
implementation of a rule change.
• 29
• ARTICLE 21.
BiJLLETIN BOARD
1. The ASSOCIATION will provide a serviceable bulletin board for its use. All
materials posted must be signed by an official of the ASSOCIATION and a copy given to the
Director. The VILLAGE agrees to furnish space for the bulletin board.
2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected
officials or supervisory personnel
•
30
• ARTICLE 22.
SCHEDULED HOURS OVERTIME PAY
1. The work schedules/cycles and procedures for paying overtime which aze in effect
at the time of ratification of this agreement shall be maintained as the status quo until changed as
hereinafter set forth.
2. The VILLAGE has the right to change work/shift schedules, work cycles, and
starting times during the term of this Agreement subject to the following:
A. The work cycle shall not exceed 28 days. The hours of work within the established
work cycle shall be 6.1 (rounded) hours per day and as set forth in 29 C.F.R section
553.230. Hours worked in excess of the maximum hours provided by the referenced
regulation shall be paid at time and one half the employees rate of pay.
B. The VILLAGE shall provide the ASSOCIATION with no less than thirty (30) days
written notice of its intent to alter work/shift schedules, work cycles, and starting
times. The notice shall include a proposed date of implementation.
C. The ASSOCIATION may request impact bargaining over the proposed change.
D. If the ASSOCIATION requests impact bazgaining, the implementation date shall be
delayed thirty (30) days and the parties shall meet as soon as possible and engage in
good faith bargaining over the impact issues identified by the ASSOCIATION.
3. Time off for a meal period shall not exceed one-half (%:) hour.
J
4. For purposes of computing overtime pay, all authorized paid leave, except sick-leave,
shall be considered time worked.
5. Employees assigned to "standby" will be paid a minimum of 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 fue duty or emergency duty.
6. Employees may exchange hours subject to the approval of the Director or his
designee providing such exchanges do not result in overtime.
7. The VILLAGE retains the right to make changes in schedules when extenuating
circumstances such as hurricanes or other states of emergencies dictate.
31
•
ARTICLE 23
COMPENSATORY TIME
1. For purposes of this Agreement, compensatory time shall be defined as that period
of time which is earned by the employee for hours worked in excess of the employee's normally
scheduled work period, accumulated at a rate of time and one-half (1 %z) in lieu of monetary overtime
compensation.
2. Compensatory time will be granted if the employee notifies the Director of the
contemplated use at least seven (7) calendaz days prior to use, provided such use will not be unduly
burdensome to the Public Safety Department's operation.
3. In the event more than one employee requests use of compensatory time off for the
same period, seniority shall govern choice.
4. Members may bank up to forty-eight (48) hours of compensatory time.
• 32
• ARTICLE 24.
PUBLIC SAFETY CONTINUING EDUCATION
Courses to be taken during scheduled work time aze 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,
•
33
ARTICLE 25.
• WORK ASSIGNMENT OUT OF GR_A~E
I . An employee who is required to temporarily accept responsibility and carry out the
duties of a rank higher than which he or she normally holds, for a period of three (3) consecutive
working days or more shall be paid five percent (5%) above the individuals 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 three (3) day period.
2. An employee assigned to a rank which carries a rate of pay higher than the pennanent
rate of the assignee shall in the event of injury, illness, or death incurred while in the performance
of service be compensated at the level of payment and benefits for the employee's pennanent rank
and not the assigned rank.
J
• 34
ARTICLE 26.
• MEDTCAL EXAMINATIONS
1. Medical examinations shall be voluntary, except for apost-job offer medical
evaluation for the job classification. In those situations where the VILLAGE requires said
examination, then the entire costs shall be borne by the VILLAGE. The VILLAGE agrees to
provide those vaccinations and examinations as required by section 112.181, Florida Statutes.
2. The foregoing shall not be construed to prohibit the VILLAGE from ordering an
employee to undergo an examination to determine fitness for duty when the VILLAGE has a
reasonable suspicion that the employee is unfit to perform his/her duties. "Reasonable suspicion"
means a belief drawn from specific objective and articulable facts and reasonable inferences drawn
from those facts in light of experience. Reasonable suspicion testing shall not be required except
upon the final approval of the Public Safety Duector, after the recommendation of a supervisor who
is at least one level of supervision higher than the immediate supervisor of the employee in question.
Among other things, such facts and inferences may be based upon:
A. Abnonnal conduct or erratic behavior while at work or a significant deterioration in
work performance.
B. Excessive use of sick time.
•
35
ARTICLE 27.
• UNIFORM AND CLOTHING ALLOWANCE
1. Plain clothed officers shall be paid up to five hundred ($500.00) dollars per yeaz for
the purchase of appropriate clothing. Receipts for such clothing must be presented to the Director
or his designee within thirty (30) days of payment. This clothing replacement allowance shall be
paid semi-annually in increments of two hundred fifty ($250.00) dollars each October lu and April
1". The clothing replacement allowance shall be prorated with the change of personnel in the
Detective Bureau.
2. A sixty ($60.00) dollaz monthly allowance shall be paid to all members of the
bargaining unit for the repair and cleaning of clothing used in the performance of duty.
3. Uniforms damaged beyond repair in the line of duty shall be replaced by the
VILLAGE at no cost to the employee.
4. 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.
5. A shoe allowance of up to seventy-five ($75.00) dollazs per yeaz shall be paid to all
bargaining unit members during the first pay period in October.
6. Road Patrol, dispatchers and pazamedics shall be issued three (3) shirts and two (2)
pair ofpants.
In addition, Paramedics shall be issued two (2) jump suits.
u
36
ARTICLE 28.
• VEHICLES AND EQUIPMENT
Use of Private Automobile. In the event an employee (if authorized and directed in advance)
uses his own automobile for the performance of official duties on behalf of the VILLAGE, the
employee will be compensated at the rate established by the VILLAGE for all VILLAGE employees.
• 37
ARTICLE 29.
• PERSONNEL FILES -COMPLAINTS
1. It is agreed that no employee will be required to write a report to the Director or any
other supervisory officer on any complaint by a person or persons in or outside the Department
against said officer unless and until the complainant (s) submit (s) said complaint in writing and
signs same.
2. Prior to any report in writing being submitted, the subject officer shall be famished
a copy of the signed complaint. Any form of documented disciplinary action shall be signed by the
employee, which signature shall indicate that the employee has received a copy of the form but shall
not indicate that the employee agrees with the discipline. The employee shall receive a copy of the
documented disciplinary action.
3. If a chazge is brought and the officer is adjudicated as being innocent, then the
complaint and chazge shall be plainly and cleazly mazked as unfounded in all the personnel folders
of the subject officer.
4. An officer shall have the right to review the contents ofhis/her personnel file after
due notice to the Director. Such review shall be in the presence of the Director or his duly
authorized representative.
5. The VILLAGE agrees that no disciplinary action shall be taken against a bazgaining
unit member without due process. Anonymous complaints may trigger an investigation, but an
anonymous complaint alone may not be the basis of disciplinary action.
•
38
ARTICLE 30.
• PROCEDiJRAL RIGHTS
1. 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 chazges 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 chazge 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 persona] 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 rewazd shall be made as an inducement to answering any questions.
G. The formal interrogation of a law enforcement officer, including all recess periods,
shall be recorded and there shall be no unrecorded questions or statements.
H. If the law enforcement officer under interrogation is under arrest or is likely to be
placed under arrest as a result of the interrogations, he shall be completely informed
of all of his/her rights prior to the commencement of the interrogation.
I. At the request of any law enforcement officer under investigation, he shall have the
right to be represented by counsel or any other representative of 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.
39
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...
• 40
• ARTICLE 31.
WAGES
1. In lieu of the 2% base wage and 0-4% performance based increases scheduled for
October 1, 2001 as provided in the previous collective bargaining agreement, the following wage
increases shall occur during the term of this agreement:
2. Effective the first pay period after October 1, 2001, each bazgaining unit member
shall receive a 3% base wage increase. Any member whose base salary, including the 3% wage
increase, is below the minimum rate established for members in the VILLAGE pay plan, shall
receive an additional adjustment to base salary to reach the minimum rate effective October 1, 2001.
3. Effective the first pay period after October 1, 2001, each bazgaining unit member
shall receive a pay for performance base wage increase ranging from 0% to 4% based on the
member's most recent performance evaluation .Performance evaluations for bargaining unit
members were conducted and finalized by the VILLAGE in August and September, 2001. The pay
for performance system shall operate in accordance with Sections 12.01, 12.02, and 12.03 of the
VILLAGE'S Personnel Rules and Regulations.
4. The VILLAGE shall conduct a preliminary performance evaluation for each
bargaining unit member between January 1, 2002, and February 15, 2002. The purpose of the
preliminary performance evaluation is to provide guidance to bazgaining unit members and to
maximize their opportunity to improve performance before the annual performance evaluation.
5. No member shall receive a base wage increase over the maximum salary (top-out)
established in the VILLAGE pay plan. Increase over top-out pay shall be paid as lump sum payments
and shall be treated as salary for pension calculation purposes.
6. The minimum rate established for the bazgaining unit positions in the VILLAGE pay
plan, shall be paid upon employment to "new hire" employees, except that an amount above the
minimum rate may be paid when the rate is approved by the VILLAGE Manager following a written
justification from the Public Safety Director. Approval will be based on the exceptional
qualifications of the appointee or the inability to employ adequate personnel at the minimum rate.
The Public Safety Director shall address in his justification the rate of pay of cun•ent members of the
department who have compazable yeazs of service as the proposed appointee.
•
41
ARTICLE 32.
• LONGEVITY PAY
1. During the term of this agreement, employees who are in sworn law
enforcement positions shall receive a one time base wage increase after completing their 3rd,
6th, and 9th years of service with the VILLAGE Public Safety Department as follows:
After 3rd year of service
$1,500.00
After 6th year of service
$2,500.00
After 9th yeaz of service
$3,500.00
2. The foregoing amounts will be stacked as follows for a maximum eligibility
of $7,500.00 in longevity payments:
3. Any qualified employee who has at least 3 years but less than 6 years of
service as of October 1, 2001 shall receive a $1500.00 base wage increase effective October
1, 2001;
4. Any qualified employee who has at least 6 years but less than 9 years of
service as of October 1, 2001 shall receive a $4000.00 base wage increase effective October
1, 2001;
5. Any qualified employee who has 9 or more years of service as of October 1,
2001, shall receive a $7500.00 base wage increase ef~'ective October 1, 2001.
6. Any qualified employee who completes 3, 6, or 9 years of service during the
term of the Collective Bargaining Agreement shall receive the additional applicable base
wage increase as shown in paragraph number 1 above effective the first pay period following
his/her anniversary date.
7. The longevity benefit shall first be implemented following the wage
adjustments set forth in the foregoing Wage Article of this Agreement.
8. No member shall receive a base wage increase over the maximum salary (top-
out) established in the VILLAGE pay plan. Increase over top-out pay shall be paid as lump
• sum payments and shall be treated as salary for pension calculation purposes.
42
ARTICLE 33.
• TRAII~lING
1. In keeping with the ever increasing requirements to maintain certi£cation 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 Deparhnent or VILLAGE will receive pay at a rate of one and one-
halfregular pay if the Ere fighting training time is above and beyond the employees normal work
week. If the employee fails to complete a full work week, pay for fire fighter training will be
received at a regular rate of pay.
2. The VILLAGE agrees to provide one week's advance notice for any training
scheduled for weekends.
• 43
• ARTICLE 34.
PROBATIONARY EMPLOYEES
1. All new employees shall be designated as probationary employees and shall remain
in probationary status in their classification for one (1) yeaz from their date of graduation from the
academy, or one yeaz from their date of employment in the case of an employee hired who is already
a certified officer who does not attend the academy.
2. Periods of absence of three (3) shifts or more during probation will extend the
probationary period by the amount of the absence or one week, whichever is greater.
3. The probationary period shall be regarded as an intrinsic part of the examination
process and shall be used for observing the employee's performance and adaptation to VILLAGE
employment.
4. It is the obligation of all supervisory VILLAGE personnel to periodically review, in
writing, the performance of all probationary employees and to recommend removal of personnel
with less than an overall satisfactory performance from their position prior to the end of the
probationary period. At a minimum, there shall be two (2) written performance evaluations
conducted during the probationary period; the first evaluation at six (6) months of employment and
the second during the final month of probation.
5. Upon the satisfactory completion of the probationary period the employee shall attain
regular status. The Public Safety Director shall notify the Village Manager in writing that the
employee's status has changed from probationary to regular . A copy of the notification shall be
placed in the employees personnel file
•
44
ARTICLE 35.
• CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
1. The VILLAGE and the ASSOCIATION acknowledge that during the negotiations
which resulted in this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any subject matter not removed by law from the area of collective
bargaining, and that the understandings and agreements arrived at by the parties after the exercise
of that right and opportunity are set forth and solely embodied in this Agreement. The VILLAGE
and the ASSOCIATION agree that all negotiable items that should or could have been discussed,
were discussed; therefore, neither party shall be obligated to negotiate or bargain collectively with
respect to any subject or matter, whether referred to herein or not, except as otherwise 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.
2. Therefore, this Agreement contains the entire contract, understandings, undertaking
and agreement of the parties hereto and finally determines and settles all matters of collective
bargaining for and during its term.
• 45
ARTICLE 36.
• DLIRATION
This Agreement shall become effective as of October 1, 2001, and shall continue in full force
and effect until September 30, 2002.
•
46
•
APPROVAL
Pursuant to Florida Statute 447.309, the VILLAGE'S Chief Executive Officer and the
•
Association's Bargaining Agent hereby confirm that the foregoing represents the Collective
Bargaining Agreement reached by the negotiators through bazgaining.
This Agreement shall not be binding on the VILLAGE of North Palm Beach unti I it has been
ratified by the Village Council and by the employees who are members of the bargaining unit.
THE VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
By: ~' ~ I'~~ By:
~DENNIS KELLY d~~
Village Manager !!
Dated: ~ °~t t~G ~ Dated: ~ ~ - ~'-{' ._.(~)~
47
C J
SIGNATURE PAGE
THE VILLAGE OF NORTH PALM BEACH
ay
~G
Village Clerk '
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
President
Date of ratification by Bargaining Unit: ~ ~-~~ "~~
Date of ratification by the VILLAGE: ~/-~ p /
• 48