2007-017 Approves Collective Bargaining Agreement IAFFRESOLUTION 2007-17
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE
BARGAINING AGREEMENT AND ACCOMPANYING MEMORANDUM OF
UNDERSTANDING BETWEEN THE VILLAGE AND PROFESSIONAL
FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928,
IAFF, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE SUCH AGREEMENT ON BEHALF OF THE VILLAGE;
FRC`v'IDiNG FOR COiotFLiCTS; Ai3D PROVIDi?vG FOR Aiv EFFECTIVE DATE.
WHEREAS, the Village and the Professional Firefighters/Paramedics of Palm Beach County,
Local 2928, IAFF, Inc., have recently concluded collective bargaining negotiations pursuant to
Chapter 447, Florida Statutes, and have reached a three year agreement; and
WHEREAS, the Village wishes to approve the Collective Bargaining Agreement and
accompanying Memorandum of Understanding subject to ratification by the members of the
bargaining unit.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The Village Council of the Village of North Palm Beach, Florida hereby approves
the Collective Bargaining Agreement and accompanying Memorandum of Understanding
l.of....,.,., +L.,, X7'1 ., F t r' in ~' -- ^ ~
...,~T~.,.,,t ~.~,, ~ 1, agc o~ North Palm Beach and Professiona, r{ref{ghte{s~raraiiteui~~ of rd11I1
~.. Beach County, Loca12928, IAFF, Inc., attached as Exhibit "A" and incorporated herein by reference.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Collective Bargaining Agreement for and on behalf of the Village of North Palm Beach.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption or upon ratification
of the Collective Bargaining Agreement by the members of the bargaining unit, whichever
occurs later.
T) A C~C~L: Tl A T A Tl/lT1TTTl TTTTC~ (lTH T ~~ n1,
~~.~~:,~ h~1D hLVr i r;L i nip o liA s yr
Village Seal
ATTEST:
VILLA(UE CLERK
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.
2006 - 200G9
TABLE OF CONTENTS
ARTICLE 1. PREAMBLE .............................................................................................................
ARTICLE 2. RECOGNITION ...................................,....................................................................
ARTICLE 3. VALIDITY ................................................................................................................
ARTICLE 4. WORKER'S COMPENSATION/ON THE JOB INJURIES ....................................
ARTICLE 5. HEALTH INSURANCE ...........................................................................................
ARTICLE 6. - PENSION ...........................................................
ARTICLE 7. MATERNITY LEAVE .............................................................................................
ARTICLE 8. PAID BEREAVEMENT LEAVE .............................................................................
ARTICLE 9. MILITARY LEAVE .................................................................................................
ARTICLE 10. SICK LEAVE ................................................................................................:...........
ARTICLE 11. COURT APPEARANCES ........................................................................................
ARTICLE 12. MANAGEMENT RIGHTS .......................................................................................
ARTICLE 13. SENIORITY ..............................................................................................................
ARTICLE 14. PAID VACATIONS ..................................................................................................
ARTICLE 15. PAID HOLIDAYS ....................................................................................................
ARTICLE 16. GRIEVANCE PROCEDURE ARBIT'RATION .......................................................
ARTICLE 17. DISCIPLINARY APPEALS .....................................................................................
ARTICLE 18. ASSOCIATION ACTIVIT'IES ..................................................................................
ARTICLE 19. RULES, REGULATIONS, DIRECTIVES ...............................................................
ARTICLE 20. BULLETIN BOARD .................................................................................................
ARTICLE 21. SCHEDULED HOURS -OVERTIME PAY ............................................................
ARTICLE 22. COMPENSATORY TIME .......................................................................................
ARTICLE 23. PUBLIC SAFETY CONTINUING EDUCATION ...................................................
ARTICLE 24. WORK ASSIGNMENT OUT OF GRADE ..............................................................
ARTICLE 25. MEDICAL EXAMINATIONS .................................................................................
ARTICLE 26. UNIFORM AND CLOTHING ALLOWANCE .......................................................
ARTICLE 27. VEHICLES AND EQUIPMENT ..............................................................................
ARTICLE 28. PERSONNEL FILES -COMPLAINTS ....................................................................
ARTICLE 29. PROCEDURAL RIGHTS .........................................................................................
ARTICLE 30. WAGES .....................................................................................................................
ARTICLE 31. TRAINING ................................................................................................................
ARTICLE 32. PROBATIONARY EMPLOYEES ...........................................................................
ARTICLE 33. CONTRACT CONSTITUTES ENTIlZE
AGREEMENT OF THE PARTIES .....................................................................
ARTICLE 34. DURATION ..............................................................................................................
APPROVAL/SIGNATURE PAGE ..................................................................................................
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ARTICLE 1.
PREAMBLE
This Agreement is entered into by and between THE VILLAGE OF NORTH PALM BEACH, a
municipal organization, hereinafter referred to as the "VILLAGE" and the PROFESSIONAL
FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.,
hereinafter referred to as the "UNION",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, hours,
terms and conditions of employment.
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ARTICLE 2.
RECOGNITION
1. The VILLAGE recognizes the Professional Firefighters/Paramedics ofPalmBeach County,
Local 2928, IAFF, Inc., as the certified bargaining agent and exclusive representative of all public
safety firefighter/paramedics, public safety firefighter/EMTs, and public safety paramedics iir-th~e
' , as defined in Certification No. 1259 granted by the
Public Employees Relations Commission (PERC) on May 28, 1999, for purposes of collective
bargaining with respect to wages, hours, and/or terms and conditions of employment.
2. The term "employee" in this Agreement means those individuals employed by the VILLAGE
in positions represented by the iJNION regardless of membership in the UNION.
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ARTICLE 3.
VALIDITY
If any 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 affected
monetary provision(s) of this Agreement.
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ARTICLE 4.
WORKER'S COMPENSATION/ON THE JOB INJURIES
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 isself-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 and are causally
connected to the incident giving rise to the injury.
3. In the event of an on-the job injury determined to be compensable under the provisions of
the Workers' Compensation Act for a regular full-time employee, said employee will be carried at
full pay up to 180 days per year less any workers' compensation benefits. In order to be considered
for this injury in line of duty benefit, the following conditions must be met:
A. The employee must provide written testimony of evidence that his injury was received in the
line of duty. An injury received while the employee is attending a department approved
school or training program shall be considered a line of duty injury.
B. Any employee who has a claim for compensation because of an injury on the job as
described above shall 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 ofhis
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 iYe the employee 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.
4. Employees shall immediately report to the VILLAGE any and all injuries which require
treatment by a physician and which occur while on duty.
5. The VILLAGE shall have the right to conduct apost-accident drug test of any and all
employees involved in a vehicular accident or other reportable incident which requires that any
involved vehicle be towed from the scene of the accident or any involved individual receive medical
treatment as a result of the vehicular accident or other reportable incident.
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ARTICLE 5.
HEALTH INSURANCE
1. The VILLAGE agrees to provide two health insurance plans (an HMO and either a PPO or
POS) from which employees may choose coverage. The VILLAGE agrees to pay one hundred
percent (100%) of the medical, dental and hospitalization insurance premiums for the employee and
twenty percent (20%) of the employee's dependent's medical, dental and hospitalization insurance
for the medical, dental, and hospitalization plan with the lowest cost of the two plans offered by the
VILLAGE. If an employee chooses coverage under the medical, dental, or hospitalization plan with
the higher cost, the employee shall be responsible for the difference in premium cost between the
cheaper and more expensive plans. The VILLAGE shall apply all premium contributions paid by,
or withheld from the employee to the cost of the employees' dependents' coverage. Both insurance
plans include prescription drug coverage. The benefits of these insurance plans shall be those set
forth in the insurance master plan distributed to all employees.
2. 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.
3. The VILLAGE retains the right to determine the insurance carrier or it may self-insure if it
so desires. In any event, the VILLAGE shall offer the same plan of medical, dental, and
hospitalization benefits to employees covered by this collective bargaining agreement as those
benefits offered to all other employees of the VILLAGE.
4 The VILLAGE shall provide a life insurance policy to all em^ployees in the bar ag fining, unit
with a benefi~avable at the maximum level allowed by IRS regulations before imputing added
emplo ey e compensation (currently $50 000 or $25 000 after ale 701. This life insurance benefit will
be in lieu of any short or long term disability insurance benefit.
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ARTICLE 6.
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PENSION
The VILLAGE and the UNION have a mutual desire to study the feasibility of enhanced
pension benefits for bar a~ fining unit members but to do so requires additional time to gather data
and study benefit options To facilitate closure of the collective bargaining process, avoid impasse
proceedings and allow for implementation the parties' tentative agreement on the balance of the
collective bar a~ fining aexeement including the provision for a retroactive compensation adiustment,
the parties agree as follows:
A The parties will reduce to writing and submit for ratification a collective bar~ainin~
agreement which incorporates the tentative agreement of the parties, with the exception of a
provision regarding~ension benefits.
B The Village Manager will form afact-finding committee comprised of three (3)
administrative personnel appointed bathe Village Manager, one of whom may include the Village
Manager and one (1) individual appointed bathe PBA and one (1) individual appointed by IAFF
to review the following:
1. six (6) year vesting
2. increasing the multiplier to 3.0% with a 75% cap;
3. normal retirement at a~L 52 or 25 years of service;
4. discontinuance of lump sum pa m~ ents;
5. capping overtime for pension purposes; and
6. initiatin~mplovee contributions to date of hire.
This review shall be in an effort to evaluate various strate 'eig s to provide a financially prudent means
of deliverin~~retirement income to police officers and firefi~lrters and providing_pro~ram
enhancements valued by current members of the pension program.
C. Financial consultants and/or actuaries required to conduct the study will be selected
by the fact committee with the necessary expenditures shared equally between the Village and the
Pension Board.
D. The fact-finding committee shall conclude its review and report its findings of fact
in writing to the Village Council and Village's Police & Fire Pension Board by July 1, 2007.
E. At the conclusion of the study_.,period the VILLAGE and the IAFF shall reopen
collective bargaining for continued negotiation of only this Article addressing_pension benefits.
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ARTICLE 7.
MATERNITY LEAVE
1. Whenever an employee shall become pregnant, she shall furnish the Director with a
certificate from her physician, stating the approximate expected date of delivery. Such notice shall
be given not less than thirty (30) days before the date the leave is to begin.
2. She may continue to work in her regularly assigned job classification until her physician
certifies that she is no longer able to perform the essential functions of that job. Maternity leave
shall start with cessation of actual work and continue for a period not to exceed six (6) months,
provided that in all cases an employee shall be permitted to take at least twelve weeks leave after
the actual delivery. If the employee desires to be paid while on maternity leave, paid leave shall be
exhausted in the following order: sick leave, vacation, other personal leave.
3. Maternity leave may be extended if medically necessary, as determined by the employee's
doctor.
4. Nothing herein shall prohibit an employee from requesting and receiving 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.
5. Fathers of children less than three months of aye shall be entitled to leave under the
following conditions:
A Em~loyees may utilize vacation leave if a vacation slot is available.
B Employees max still use vacation leave if no vacation slot is available, but will have
their vacation bank charged at one and one-half (1.51 hours of vacation leave for every hour of
vacation leave used if utilization of such leave causes the VILLAGE to incur overtime. Under this
scenario employees will be_paid one and one-half hours of pay for each one and one-half hours of
vacation leave utilized.
C. If an em~lovee has no remaining leave time in his vacation bank, the employee may
take unpaid leave with the approval of the Public Safety Director.
D. Employees shall not be permitted to utilize sick leave for the purpose of paternity
leave.
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ARTICLE 8.
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, spouse's rg_andparent, foster parent, nephew, niece,
aunt, uncle, first cousin, step-father, stepmother, half-brother, half-sister, step-brother, step-sister
or step-child of the employee.
2. An employee scheduled for five (5), eight (8) hour days, shall be allowed three (3), eight (8)
hour days ofbereavement leave with pay for purposes of bereavement. A request for additional time
may be granted, subject to the discretion of the Village Manager or his designee.
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. Employees shall be granted upon request an additional twenty-four (24) hours of
bereavement leave without pay Employees may utilize vacation or other personal leave time in
order to be paid for the additional twent -fy our (24) hours of unpaid bereavement leave. A request
for additional time maybe granted, subject to the discretion of the Village Manager or his designee.
4 An employee who is notified of the death of a family member as defined in Section 1 above
while on duty shall be immediately, or as soon as is practically possible, released from duty for the
remainder of his or her shift with ,pay. The remaining hours of the shift from which the employee
is released shall not be counted against any bereavement leave provided in Section 2 or Section 3
above.
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ARTICLE 9.
MILITARY LEAVE
1. Employees who are members of the U.S. Armed Forces Reserves or the National Guard will
be granted leave in accordance with state and federal law, including travel time, for the purpose of
attending annual active duty for training.
2. A copy of employee's Military Orders are to be forwarded to the Director or Village Manager
prior to taking military leave.
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ARTICLE 10.
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.
2. The employee will certify on the appropriate Personnel Action Form upon his or her return
to duty that he or she was not able to report for duty due to one of the above reasons.
3. Employees will accrue sixteen (16) hours of sick leave per month, for a total
of ~~~ one hundred ninety two (192) hours per year. Accruals and deductions will appear
on the employee's pay stub. An employee on paid sick leave shall continue to accrue all benefits
as if on actual duty, except that paid sick leave shall not be considered days worked for overtime
purposes.
4. A member's bank of accrued sick time will be adjusted using the following formula, when
the member is assigned to a different shift schedule, excluding temporary assignments:
The formula for converting sick leave from the 48 hour accrual rate to the 40 hour accrual
rate is as follows:
1. Number of sick leave hours accrued (48 hour accrual rate)
2. divided by 24
3. times 8
4. =number of sick leave hours to be paid (at 40 hour pay rate)
Example:
Sick hours accrued (48 hour rate) = 288 hours
Divide sick hours by 24 = 12 days (288 hours/24)
Convert sick hours to
40 hour accrual = 96 hours (12 days x 8)
After the conversion, any sick leave pay to an employee is paid at the 40 hour pay rate.
5. Sick leave may be accumulated with no maximum. Any employee with less than seven (7)
years of service to the VILLAGE 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)
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days payment). Employees with seven (7) or more years of service to the VILLAGE shall receive
payment equal to seventy-five percent (75%) of up to a maximum of sixty (60) unused accrued sick
leave days. Sick leave days will be converted to eight (8) hour days before pay out. This payment
provision does not apply to any employee who is discharged for cause. A deceased employee's pay
for sick leave shall be paid to the estate of the decedent.
6. Sick Leave Reimbursement
A. Employees who have accrued forty eight (48) days of sick leave ("minimum base")
may request reimbursement for sick leave accrued over the minimum base.
Reimbursement by the VILLAGE will be on a 50% basis for every sick day above
the minimum. Sick leave days will be converted to eight (8) hour days before pay
out.
B. Sick leave reimbursement is a voluntary right of the employee. An employee can
only submit a request once per year during the month of May. The VILLAGE will
reimburse the employee no later than November 30 of each year.
C. The Finance Director will be responsible for establishing a reimbursement form and
accounting for the base and other data necessary to financially administer this
program.
D. The employee will be required to sign acertificate/affidavit confirming that the
reimbursement for the sick leave is final and will not be subject to the grievance
process.
7. An employee who has been declared either physically or mentally unfit for duty by a Doctor
approved by the VILLAGE, when ordered for a fitness for duty exam by the VILLAGE, shall be
required to use accrued sick leave while out of work on medical leave.
8. Employees who use zero sick leave hours in any consecutive six month period of time shall
receive 12 hours of personal leave time which shall be available for use in the same manner as
vacation leave or compensato try ime•
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ARTICLE 11.
COURT APPEARANCES
1. Any member required to attend a judicial matter arising from the performance of his/her
duty shall be compensated for said services as follows:
A. Attendance while on duty, payment at regular pay scale.
B. Attendance while off duty, payment of one and one-half hourly rate.
C. A minimum guarantee of two (2) hours payment will be made for any appearance
under this article to an employee who is off duty on the day of the appearance but the
appearance is more than two (2) hours before the beginning or more than two (2)
hours after the end of the employee's shift. If the employee is on duty on the day of
the appearance but the appearance is less than two (2) hours before the beginning or
less than two (2) hours after the end of the employee's shift, the employee will be
paid for the actual time spent attending the judicial matter.
D. Witness fee shall be retained by the employee.
2. Members who are required to attend a judicial matter arising from performance of his/her
duties shall give notice to the Public Safety Director and the Village Attorney. Rescheduling may
be requested and coordinated by the VILLAGE.
3. Payment shall be made as soon as possible (by the next) payroll period following completion
of the service.
4. Travel in excess of twenty (20) miles outside the perimeter of the VILLAGE shall be
compensated as one (1) hour of wages for the employee concerned.
5. Employees who are summoned to jury duty by a court of competent jurisdiction will be
granted time off with pay. Any employee who is released or temporarily excused from jury duty
and has more than half a normally scheduled work day remaining, shall report to work as soon as
possible after being released or excused.
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ARTICLE 12.
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 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 UNION and the VILLAGE recognize that the residents ofNorth Palm Beach are entitled
to receive services at the highest possible level, subject to budget constraints. Therefore, the
UNION 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 UNION 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,
unless such rules and regulations conflict with this Agreement.
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 declared emergency, provided that the wage rate and
monetary fringe benefits shall not be suspended.
5. Those inherent managerial functions, prerogatives and policy making rights which the
VILLAGE has not expressly modified or restricted by a specific provision of this Agreement are not
in any way subject to the grievance and/or arbitration procedure contained herein.
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ARTICLE 13.
SENIORITY
1. Seniority shall be defined as length of service with the Village Public Safety Department as
determined by an employee's date of hire. In the event that two employees in the same classification
have the same date of hire, seniority shall be determined by length of service within classification.
2. Seniority will govern selection of vacation schedules and preference in working overtime,
provided the Public Safety Director has the final authority to over-ride seniority for extraordinary
operation reasons and his decision in that regard is not grievable. When the Public Safety Director
over-rides a request based on seniority, he shall inform the requesting party in writing of the basis
of his decision.
3. When the Department requires overtime work to fill a vacancy, the overtime assignment
shall be offered on the basis of seniority, using an "overtime wheel." The overtime wheel shall
function to identify employees in order of seniority with the Public Safety Department. If an
employee refuses his or her turn on the wheel for any reason other than the employee already being
scheduled to work during the same time period for which overtime is offered, 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 maybe ordered to
work the overtime assignment. If an employee is ordered to work the overtime assignment, that
emplo eY e may find another qualified employee to work in his or her place. In that situation, only
the em~loyee ordered to work the overtime assignment, and not the employee who actually works
the overtime assignment, will go the bottom of the overtime eli ig bility list.
4. Where a promotional opportunity shall occur and two or more employees are under
consideration, the Director shall give due consideration to seniority and qualifications.
5. In the event of a layoff, an employee may displace the employee with lesser seniority in a
lower classification provided the employee has prior service in said lower classification and
provided further that the following factors are substantially equal:
A. Sufficient ability and qualifications to perform the work.
B. Performance evaluation.
C. Physical condition and job attitude.
6. In the event of substantial inequality of these factors as between employees in the same
classification and department, the employee with the higher values of factors A, B, and C in the
aggregate, shall be retained.
7. An employee shall be recalled in inverse order of layoff.
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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.
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ARTICLE 14.
PAID VACATIONS
1. Vacation days accrue but may not be taken during the first gear one hundred eighty (1801
days of service. Exceptions to this general rule maybe made by the Director at his discretion. All
personnel who have completed 8rre-f~-}'~ar one hundred eighty (180) days or more of full-time
service shall be entitled to take vacation with pay in accordance with the following accrual schedule:
LENGTH OF SERVICE
Less than ~ 6 Years
~ 6 Years but less than
~ 10 years
DAYS OF VACATION
40 Hour Employees
24 Hr. Employees
and Paramedics
10 working day = 80 hours
15 working days = 120 hours
5 Shifts = 2 weeks = 120 hours
7 Shifts = 3 weeks = 168 hours
~ 10 Years and over 20 working days = 160 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. (A) Vacations shall be scheduled from January 1 to December 31. The VILLAGE shall
determine the number of employees who can be off on vacation at any time throughout the year.
Employees may not schedule vacation time off in excess of their anticipated available accruals
including existing banks.
(B) In October of each year, the VILLAGE will advise how many employees may be
scheduled off for vacation during the next year beginning January 1 per shift.
(C) During the month of November, employees shall select vacation periods by seniority
on a per shift basis. Vacations selections shall be made in three (3) rounds:
(i) First Round - No later than November 15, all employees must submit requests
to select a minimum of three (3) or more consecutive shifts (which may include Kelly Days). First
round selections shall be limited to no more than ten (10) shifts, which includes Kelly Days,
provided that the Director may approve vacation selections greater than ten (10) shifts. Such
approval shall not be unreasonably denied. No part of any vacation lasting eleven (11) shifts or
more (including Kelly Days) maybe cancelled.
(ii) Second Round - No later than November 15, employees may submit requests
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to schedule another single group of (1 or more) consecutive shifts of vacation time. First and second
round vacation awards shall be made no later than November 30.
(iii) Third Round - On the first A, B, and C shifts in December, the Director or
his designee will begin to accept applications for vacation scheduling for the upcoming year, which
shall be on a first come, first serve basis. If two (2) or more requests for the same vacation day are
received on the same day, the employee with the most seniority will receive the requested vacation
day. Employees shall be notified no later than the end of their shift following the shift in which their
request was made as to whether their request has been approved or denied. Denied vacation request
forms shall be kept on file by the Director or his designee and should the requested vacation time
become available, the denied vacation request shall be considered for approval. The date of
submission of denied time shall then constitute the date for the first come, first serve basis.
(D) Once approved, vacation times shall not be rescinded by the VILLAGE except in the
event of a major emergency (i.e. earthquake, tropical storm, hurricane, or civil emergency).
(E) Employees may cancel or request vacation time only if at least sixty two (62) hours
notice is provided from the start of the leave period, including Kelly Days. Requests or
cancellations, if made with less than the required notice, but prior to the start of the leave period,
may be granted at the discretion of the Director or his designee, however, no request will be
unreasonably denied.
(F) Emergency Leave -Employees shall be granted emergency leave as necessary,
subject to the approval of the Director or his designee, and such approval shall not be unreasonably
denied. Once granted, emergency leave shall be charged as actual time used in quarter-hour
increments. If the reason for the absence is a qualified use of sick leave, emergency leave shall be
charged to the employee's sick leave allotment. If not, the absence shall be charged to
compensatory time and finally to vacation time.
(G) Vacation time may be taken in a minimum of two (2) hours and thereafter hour for
hour.
4. Employment terminated without cause, or by layoff, or by retirement, illness or injury shall
not affect payment of earned vacation time. An employee shall not lose his vacation with pay if
incapacitated due to an injury or illness incurred in the line of duty. The vacation time shall be
reassigned upon return to duty.
5. If employment is terminated by death, the estate of the employee shall receive payment for
the earned vacation days.
6. Vacation days shall be credited and reported per pay period, to indicate hours accrued less
hours taken, reflecting net vacation hours available per pay period.
7. A member's bank of accrued vacation leave will be adjusted using the following formula,
when the member is assigned to a different shift schedule, excluding temporary assignments:
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The formula for converting vacation leave from the 48 hour accrual rate to the 40 hour
accrual rate is as follows:
1. Number of vacation hours accrued (48 hour accrual rate)
2. times 2, divided by 3
3. =number of hours to be paid (at 40 hour pay rate)
Example:
Vacation hours accrued (48 hour rate) = 120 hours
Convert vacation hours to
40 hour accrual = 80 hours (120 hours times 2, divided by 3)
After the conversion, any vacation leave pay to an employee is paid at the 40 hour pay rate.
8. The maximum number of vacation days an employee may accrue is the unused days accrued
during the employee's previous two (2) year period. Any employee, other than an employee who
is discharged for cause, who voluntarily terminates, retires or dies while employed by the
VILLAGE, shall receive payment equal to one hundred percent (100%) of the unused days of
vacation accrued during the two year period prior to termination, retirement or death. Vacation leave
days will be converted to eight (8) hour days before pay out.
9. An employee who has used ten (10) days of vacation time in a fiscal year may request
reimbursement for any unused vacation days above the ten (10) days used. Employees requesting
reimbursement must do so, in writing on a form approved by the Village Manager or his/her
designee, during the month of October immediately following the fiscal year in which the ten (10)
vacation days were used. The VILLAGE will provide reimbursement no later than the November
30`h immediately following the written request. Reimbursement shall be at 100% of the employees'
hourly rate as of September 30`h of the fiscal year in which the ten (10) vacation days were used.
The employee will be required to sign acertification/affidavit confirming that the reimbursement
for the annual vacation leave days/hours is final and will not be subject to the grievance process."
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ARTICLE 15.
PAID HOLIDAYS
I . The following days shall be considered paid holidays, and all employees will receive eight
(8) hours of straight time pay which may be taken as eight (8~ hours of compensatory time at the
discretion of the employee, for these days even if they do not work:
New Year's Day
Memorial Day
Independence Day
Labor Day
Martin Luther King Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving Day
Christmas Eve
Christmas Day
President's Day
2. In the event an employee does work on any of the above named holidays, the employee shall
be paid time and one-half the regular rate of pay for all hours actually worked.
3. In the event that the bargaining unit represented by the Palm Beach County Police
Benevolent Association receives a holiday benefit greater than those provided herein, such benefits
shall be equally received by the bargaining unit covered by this Agreement.
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ARTICLE 16.
GRIEVANCE PROCEDURE -ARBITRATION
1. In a mutual effort to provide a harmonious working relationship between the parties to this
Agreement, it is specifically agreed and understood that there shall be a procedure for the resolution
of disputes between the parties. For the purpose of this Article, a grievance is defined as, and
limited to, any dispute, difference or controversy involving the interpretation or application of this
Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary action
unless otherwise grievabce. If the dispute is not covered by the grievance procedure as set forth in
the Agreement then the dispute shall be processed as set forth in Article 17.
2. For the purpose of this Article, time is considered to be of the utmost importance.
Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with
the time limits provided below shall be considered exclusively abandoned and shall be barred,
forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all
rights to arbitration. Any grievance not answered or processed by the VILLAGE within the time
limits provided below shall be deemed resolved in favor of the grievant.
3. Grievances shall be presented in the following manner:
Step 1: In the event an employee covered by this Agreement believes that there is a basis for a
grievance, as that term is defined above, he shall first discuss the alleged grievance with the
immediate supervisor, and maybe accompanied by a representative of the UNION, if so desired.
This first discussion shall take place within ten (10) calendar days of the occurrence of the events
which gave rise to the alleged grievance, or within ten (10) calendar days of when the employee
knew or should have known of the existence of the events giving rise to the alleged grievance.
Step 2: In the event that the employee is not satisfied with the disposition of the grievance at Step
1, he may file a formal grievance, on a form approved by the VILLAGE. Such a grievance must be
filed within ten (10) calendar days after the informal discussion is held at Step 1. Said grievance
must be in writing, must be signed by the employee or the UNION as his representative and must
contain: (a) the date of the alleged grievance; (b) the specific article (s) of this Agreement allegedly
violated; (c) the facts pertaining to or giving rise to the alleged grievances; and (d) the relief
requested. The formal grievance shall be submitted to the Public Safety Director or his designee.
The Public Safety Director shall, within ten (10) calendar days after the receipt of the formal written
grievance, render his decision on the grievance in writing. The Director shall reply in writing within
ten (10) calendar days of receipt of the grievance. Failure by the Director to reply within the time
period shall be held to be an approval of the grievance and the remedy sought.
Step 3: In the event that the employee is not satisfied with the disposition of the grievance by the
Public Safety Director at Step 2 he/she shall have the right to submit the grievance to the Village
Manager within ten (10) calendar days after the disposition. Such grievance must be accompanied
by the filing of a copy of the original written grievance. The Village Manager shall, within ten (10)
calendar days of receipt of the grievance, render his decision in writing. If the Village Manager
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shall fail to reply in writing, such failure shall be deemed as an approval of the merits of the
grievance or dispute and the remedy sought.
4. Where a grievance is general in nature in that it applies to a number of employees having the
same issue to be decided, or if the grievance is directly between the UNION 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 UNION
representative on their behalf.
5. In the event a grievance processed through the grievance procedure has not been resolved
at Step 3 above, the UNION may submit the grievance to arbitration within ten (10) calendar days
after the Village Manager's disposition of the grievance. Such request shall be in writing to the other
party, and if delivered by mail, postmarked within ten (10) days of the Village Manager's disposition
of the grievance. The arbitrator may be any impartial person mutually agreed upon by the parties.
However, in the event the parties are unable to agree upon said impartial arbitrator, the party seeking
the appointment of an arbitrator shall, within five(5) days, request the Federal Mediation and
Conciliation Service to furnish a panel of seven (7) names from which each party shall have the
option of striking three (3) names in alternating fashion, until the parties select a neutral or impartial
arbitrator. The party striking first shall be determined by the toss of a coin. The selection process
shall occur within five (5) calendar days of receipt of the panel list.
6. Whenever the grieving party is satisfied with the disposition of the grievance at any step of
the grievance procedure, or if the grieving party does not process the grievance in accordance with
the specified time limits, processing of the grievance by the VILLAGE will automatically stop.
However, a grieving employee may not partially accept and partially reject a disposition of his
grievance. The employee must either accept or reject the disposition of his grievance, in its entirety.
Thus, for example, if any employee grieves a termination, and is ordered reinstated without back
pay at one of the steps of the grievance procedure, he may not accept the reinstatement and continue
to grieve the loss ofback pay. His only choices would be to accept the disposition of his grievance,
or remain discharged and pursue the grievance further.
7. For the purposes of this Article, the term "calendar day" is defined to include every day
except Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of
whether the grievant is on duty or off duty.
8. The time limits contained herein are to be strictly adhered to and may only be extended by
written agreement between the parties.
9. The VILLAGE and the UNION shall mutually agree in writing as to the statement of the
grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine
his decision to the particular grievance thus specified. In the event the parties fail to agree on the
statement of the grievance to be submitted to the arbitrator, the arbitrator will determine the
statement of the grievance, provided, however, that the arbitrator shall have no authority to change,
amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof
or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter
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which is stated in this Agreement not to be subject to arbitration or which is not a grievance as
defined in this Article, except to the extent as specifically provided herein or expressly agreed to by
the parties.
10. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to
the question(s) presented to him, which questions(s) must be actual and existing.
11. Each party shall bear the expense of its own witnesses and of its own representatives for the
purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses
of obtaining a hearing room, if any, shall be equally divided between the parties. Any person
desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually
agree to share such costs.
12. The arbitrator's award shall be final and binding on the parties.
13. For the first three hundred sixty-five (365) days of consecutive service with the VILLAGE,
an employee is probationary. That is, the employee serves at the will and pleasure of the VILLAGE
and thus he may be disciplined or discharge without explanation or for any reason deemed sufficient
by the appropriate Village official. Accordingly, probationary employees shall have no right to
utilize this grievance/arbitration procedure for any matter concerning discharge, suspension or other
discipline.
14. The Union representative will be furnished with a copy of each grievance filed by an
employee within the bargaining unit.
15. Employees may request to have a Union representative present at any step of the grievance
procedure.
16. The UNION will not be required to process the grievance ofnon-members. The UNION 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
Union representative will have his/her name, address and all contact numbers on file with the
VILLAGE.
17. The parties agree that the settlement of any grievance by the parties prior to the rendition of
a decision by an arbitrator shall not constitute an admission that the contract has been violated nor
shall such settlement constitute a precedent for the interpretation or application of the provisions of
this Agreement.
18. When arbitrability is raised by the VILLAGE with respect to any grievance, the issue of
arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to
commencement of an arbitration hearing on the grievance itself.
19. If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the
UNION of such within ten (10) days of receipt of the Union's request to proceed to arbitration. The
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parties agree that in such an instance, the VILLAGE may submit solely the question of arbitrability
either to an arbitrator or to a court. If the arbitrability issue is submitted to an arbitrator, the decision
shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral
argument allowed; and shall be submitted to the arbitrator within ten days of selection of the
arbitrator. The arbitrator shall render the decision within fifteen days of receipt of the parties'
submissions.
20. Whichever party loses on the issue of arbitrability shall pay the costs involved in that
proceeding.
21. If there is no objection by either party to the arbitrability of the grievance, and the above
mentioned procedure has been fully complied with or results in a determination that the grievance
is arbitrable, the parties shall proceed to arbitrate the grievance.
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ARTICLE 17.
DISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
1. An employee who wishes to challenge any disciplinary action, shall file a notice of
appeal to the Public Safety Director within ten (10) calendar days of notice of the disciplinary
action. When an employee has received a written counseling, the employee may, within 10 days
of receipt of the written counseling, submit a written rebuttal which shall be attached to the written
counseling document in the employee's personnel file.
2. Upon receipt of a notice of appeal, the Public Safety Director or his designee shall
have ten (10) calendar days to review the discipline and to advise the employee that the discipline
is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Public Safety Director to
respond within ten (10) calendar days shall constitute a determination that the discipline is sustained.
3. An employee who is not satisfied with the Public Safety Director's decision can
further appeal a discipline to the Village Manager. Upon receipt of a notice of appeal, the Village
Manager shall have ten (10) calendar days to review the discipline and to advise the employee that
the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Village Manager
to respond within ten (10) calendar days shall constitute a determination that the discipline is
sustained. The decision of the Village Manager shall be final unless appealed as hereinafter set
forth.
4. The UNION may appeal a discipline greater than a written reprimand to arbitration
using the same procedure for appointment of an arbitrator as set forth in Article 16 above. The
request for appointment of an arbitrator must be made to the Village Manager in writing within ten
(10) calendar days of the Village Manager's decision. The decision of the arbitrator shall be made
within thirty (30) days following the conclusion of the hearing or the deadline for closing briefs,
whichever is later. The arbitrator may sustain, reverse, or modify the discipline which was set by
the Village Manager. The decision of the Arbitrator is final and binding on the parties.
5. No employee shall be subject to discipline of any type without just cause. No
employee shall be subject to a suspension without pay or a termination without first being afforded
apre-determination conference with the Village Manager orhis/her designee. Nopre-determination
conference shall be conducted with less than ten (10) calendar days notice to the employee.
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ARTICLE 18.
UNION ACTIVITIES
1. An employee shall have the right to join or not join the UNION, 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 UNION representation, all actions to be free
from any and all restraint, coercion, discrimination or reprisal by the VILLAGE or the UNION.
2. Union 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 UNION during working hours. The VILLAGE, in its discretion, may stop the
use of such time off if it interferes with productivity or manpower needs. However, the exercise of
such right on the VILLAGE'S part shall not be arbitrary or capricious, nor shall it allow the
VILLAGE to proceed in a manner which deprives the employee of his or her right of representation.
An UNION representative shall be permitted to accompany a fellow employees in circumstances
such as:
A. The employee is required to appear at a hearing related to a grievance.
B. The employee is presenting or responding to a grievance.
C. The employee is subject to interrogation in conjunction with an internal affairs
investigation.
D. The employee is attending apre-determination hearing.
4. The Village Manager shall be immediately notified in writing, of changes of appointed
Union representatives.
5. Union representatives shall be permitted to wear Union insignia while on duty. Said insignia
shall be approved by the Director or his designee.
6. There shall be created a Wool of time to be known as Union Time Pool. Each employee who
is a member of the UNION shall contribute six (6) hours of straight time to the Union Time Pool
through a deduction of six (6) hours off of the eight (8) hours of holidav.~av received for the New
Year's Day holidav except during the first fiscal year of this agreement when the deduction of six
(6) hours shall be taken from the eight (8) hours of holidav pay for the Martin Luther KingLJr.
holidav.
The Union Time Pool may be used for Union business upon approval by the Union President
or his or her designee. Employees utilizing Union Time Pool shall be released from duty on Union
Time Pool only if the established needs of the Department re arding the_provision of emer~encx
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services are met and with approval of the Public Safety Director, which shall not be unreasonably
denied. Union Time Pool will be used and charged on an hour for hour basis.
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ARTICLE 19.
RULES, REGULATIONS, DIRECTIVES
1. Amendments, additions or modifications to personnel rules, regulations, and departmental
directives shall be in writing and a copy of the same shall be submitted to the UNION no less than
fourteen (14) days prior to implementation.
2. A request for bargaining regarding any rule change must be received within seven (7) days
after notification to the UNION by the VILLAGE of the implementation of a rule change.
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ARTICLE 20.
BULLETIN BOARD
1. The UNION will provide a serviceable bulletin board for its use. All materials posted must
be signed by an official of the UNION 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 VII.LAGE, its elected officials or
supervisory personnel.
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ARTICLE 21.
SCHEDULED HOURS -OVERTIME PAY
1. The average workweek for twenty-four (24) hour shift employees shall be forty-eight (48)
hours, with twenty-four (24) hours on duty and forty-eight (48) hours off duty, with an additional
shift off (Kelly Day) after every seventh (7`") shift. The FLSA work period for shift employees is
twenty-one (21) days.
2. Kelly Days will be selected biannually. Such selections shall be implemented beginning
with the first full twenty-one (21) day work cycle in January and July of each year. For all
employees, the selection of Kelly Days shall be determined by shift based on seniority as defined
in Article 13 of this Agreement. The Director of Public Safety shall have the authority to determine
the number of employees allowed off on Kelly Day for each day of the twenty-one (21) day work
cycle so long as each employee has one Kelly Day off every seventh (7`") shift.
3. Kelly Days maybe exchanged regardless of Kelly Day cycles on a permanent or temporary
basis by two mutually agreeable employees in accordance with Section 10 of this Article. A Kelly
Day maybe exchanged for a vacant Kelly Day slot provided that the exchange is made in the same
twenty-one (21) day work cycle and in accordance with Section 10 of this Article.
4. If an employee requests a transfer or accepts a promotion or assignment into a new
classification, the employee's selection of Kelly Day shall be based on the remaining days available
on the new shift or in the new assignment to which the employee is to be transferred.
5. If an employee is to be transferred to a different shift by the VILLAGE, the VILLAGE shall
first request that employees voluntarily switch shifts or Kelly Days. If within thirty (30) days of that
request by the VILLAGE no employee has volunteered to switch shifts or Kelly Days, the
VILLAGE may, if necessary, switch the Kelly Day of the employee(s) being moved from one shift
to another.
6. If a problem arises in the implementation of this Article, the UNION and the VILLAGE shall
meet to resolve the problem by mutual agreement.
7. The procedures for paying overtime for time worked outside of an employee's normally
scheduled work week which are in effect at the time of this Agreement shall be maintained as the
status quo except that the FLSA work period for shift employees is now twenty-one (21) days. An
employee may be asked to work on his or her Kelly Day. An employee asked to work on his or her
Kelly Day shall have the right to refuse such a request. Any employee who works on his or her
Kelly Day shall be paid at the rate of time and one-half (''/z) of the employee's straight time pay for
all hours worked.
8. For purposes of computing overtime pay, all authorized paid leave, except sick-leave, shall
be considered time worked.
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9. Employees assigned to "standby" will be paid a minimum of one (1) hour's payper "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.
10. Employees may exchange hours subject to the approval of the Director or his designee
providing such exchanges do not result in overtime.
11. The VILLAGE retains the right to make changes in schedules when extenuating
circumstances such as hurricanes or other states of emergencies dictate.
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ARTICLE 22.
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 ''/2) in lieu of monetary overtime
compensation.
2. Compensatory time will be granted if the employee notifies the Director of the contemplated
use at least seven (7) calendar days prior to use, provided such use will not be unduly burdensome
to the Public Safety Department's operation.
3. In the event more than one employee requests use of compensatory time off for the same
period, seniority shall be govern choice.
4. Members may bank up to seventy-two (72) hours of compensatory time.
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ARTICLE 23.
PUBLIC SAFETY CONTINUING EDUCATION
Employees covered by the collective bargaining agreement shall be eligible for tuition
reimbursement in accordance with the VILLAGE' S Tuition Refund Program as provided in Section
11.02 of the VILLAGE' S Personnel Rules and Regulations.
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ARTICLE 24.
WORK ASSIGNMENT OUT OF GRADE
1. An employee who is required to temporarily accept responsibility and carry out the duties
of a rank higher than which he or she normally holds, for a full shift shall be paid five percent (5%)
above the individual's present base rate for that position while so engaged.
2. An employee assigned to a rank which carries a rate of pay higher than the permanent rate
of the assignee shall in the event of injury, illness, or death incurred while in the performance of
service be compensated at the level of payment for that rank, and all benefits accrued thereof.
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ARTICLE 25.
MEDICAL EXAMINATIONS
1. Medical examinations shall be voluntary, except post-job offer medical evaluations for the
job classification. In those situations where the VILLAGE requires a medical examination, the
entire costs shall be borne by the VILLAGE. The VILLAGE agrees to provide those vaccinations
and examinations required by Section 112.18 and Section 112.181, Florida Statutes.
2. The foregoing shall not be construed to prohibit the VILLAGE from ordering an employee
to undergo an examination to determine fitness for duty when the VILLAGE has a reasonable
suspicion that the employee is unfit to perform his/her duties. "Reasonable suspicion" means a
belief drawn from specific objective and articulable facts and reasonable inferences drawn from
those facts in light of experience. Reasonable suspicion testing shall not be required except upon
the final approval of the Public Safety Director, after the recommendation of a supervisor who is at
least one level of supervision higher than the immediate supervisor of the employee in question.
Among other things, such facts and inferences maybe based upon:
A. Abnormal conduct or erratic behavior while at work or a significant deterioration in
work performance.
B. Excessive use of sick time.
3. Presumption: The VILLAGE agrees that any condition or impairment of health of any
employee caused by tuberculosis, heart disease, hypertension, hepatitis, or meningococcal
meningitis resulting in total or partial disability or death shall be presumed to have been accidental
and to have been suffered in the line of duty unless the contrary is shown by competent evidence.
4. The VILLAGE shall provide emplovees with testing after exposures to certain biological
hazards while on duty. The testing; shall be conducted in accordance with accepted medical
practices and shall be designed to detect the presence of the biological hazard for which the test is
conducted. The VILLAGE will provide testin t~ o emplovees upon exposure to any ofthe following
hazards:
A. Hepatitis A, B, or C
B. Measles
C. Polio
D. Varicella
E. HIV/AIDS
F. Heavy Metals
G. Tuberculosis
The VILLAGE will also provide flu shots annually for all emplovees.
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ARTICLE 26.
UNIFORM AND CLOTHING ALLOWANCE
1. A sixty ($60.00) dollar monthly allowance shall be paid to all members ofthe bargaining unit
for the repair and cleaning of clothing used in the performance of duty.
2. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE at
no cost to the employee.
3. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while in the
course of duty will be paid by the VILLAGE at a cost not to exceed one hundred ($100.00) dollars
per item.
4. A shoe allowance of up to seventy-five ($75.00) dollars per year shall be paid to all
bargaining unit members during the first pay period in October.
5.
The Village shall supply Department personnel with the followingLuniforms and equipment
won initial employment with the Village:
• 1 - Class A uniform bade
• 1 - Set of station keys (SM and ED key)
• 1 -Department ID
• 1 -Station swipe card
• 1 - Class A dress shirt with specialty patches and department patch
• 1 - Class A dress tie
• 1 - Class A dress pants
• 1 - Class A pair of shoes
• 1 - Class A dress jacket
• 1 - Class A dress hat
• 1 -Uniform Nomex jumpsuit with reflective tape and writing
• 3 -Uniform pair of EMS pants
• 3 -Uniform polo style short sleeve shirts with rank and name on front
• 1 -Station EMS pants belt
• 1 -Ball cap with name on back
• 1 - Li hg twei t waterproof shell winter/windbreaker jacket with reflective tape
• 1 -Set of rain gear
• 2 -Pair of station ~;ym shorts
• 3 -Station short sleeve t-shirts
• 2 -Station long sleeve t-shirts
• 1 -Long sleeve sweat shirt
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All current employees shall be brou hit up to date with the above list and shall be issued any
items on the above list that have not been previously issued to the employee on or before September
30, 2008. After all employees are up to date and have been issued all items on the above list,
replacements ma, b~ e acquired on an as-needed basis through an employee's Lieutenant each fiscal
year. Annual boot allowance will continue to be issued in October of each year consistent with
Section 4 above.
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ARTICLE 27.
VEHICLES AND EQUIPMENT
Vehicle Maintenance. Each employee 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 employee.
It shall be the vehicle operator's responsibility to report all damage, mechanical problems or
operational problems detected, or which could be detected with reasonable diligence. If the
employee believes the vehicle he is assigned is unsafe, it shall be reported to the Shift Supervisor.
If the Shift Supervisor agrees that the vehicle is unsafe, it shall not be placed in service until it is
made safe. Public Safety vehicles will be washed and sanitized as necessary.
Use of Private Automobile. In the event an employee (if authorized and directed in advance) uses
his own automobile for the performance of official duties on behalf of the VILLAGE, the employee
will be compensated at the rate established by the VILLAGE for all Village employees.
Portable Radios. Employees will be provided with two-way portable radios while on shift.
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ARTICLE 28.
PERSONNEL FILES -COMPLAINTS
~l. The VILLAGE agrees that no disciplinary action shall be taken against a bargaining unit
member without due process. Anonymous complaints may trigger an investigation, but an
anonymous complaint alone may not be the basis of disciplinary action.
~2. It is agreed that no employee will be required to write a report to the Director of Public
Safety or any other supervisory officer on any complaint by a person or persons in or outside the
Department against said employee unless and until the complainant(s) submit(s) said complaint in
writing and signs same.
~3. Prior to any report in writing being submitted, the subject employee 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.
~4. If a charge is brought and the employee 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 employee.
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ARTICLE 29.
PROCEDURAL RIGHTS
Any employee under investigation and subject to interrogation by the Department or an
outside agency subject to the direction and control of the VILLAGE which may result in
disciplinary action, demotion, dismissal and/or criminal charges being filed; then, under such
circumstances, the interrogation shall be conducted as follows:
A. Interrogations will normally be conducted during the employee's scheduled duty
time, unless immediate action is imperative.
B. Interrogation will be conducted at Public Safety Department headquarters.
C. The employee 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 employee under the interrogation
shall be asked by and through one (1) interrogator at any one (1) time.
D. The employee under investigation shall be informed of the nature of the
investigation prior to any interrogation and he shall be informed of the names of all
complainants.
E. Interrogation sessions shall be for reasonable periods and shall be timed to allow
for such personal necessities and rest periods as are reasonably necessary.
F. The employee 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 the employee, including all recess periods, shall be
recorded and there shall be no unrecorded questions or statement.
H. If the employee 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 employee 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 employee's continued fitness
for service.
39
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J. Representation on complaint review boards: A Complaint review board shall be
composed of three (3) members: one (1) member selected by the Public Safety Director; one (1)
member selected by the aggrieved employee; and the third (3`d) member selected by the other
two (2) members. The board members shall be employees selected from any state, county, or
municipal agency within the county.
K. Civil suits brought by employees: Every employee 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 employee's official duties or for abridgement of the employee's civil rights
arising out of the employee'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 employee, unless such reason or
reasons therefore are communicated to the employee in writing prior to the effective date of such
action.
M. Retaliation for exercising rights: No employee 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
give to the employee at least two (2) hours prior to interrogation unless waived by the Public
Safety Director or his designee and the employee. Written complaints must be signed by the
party or parties alleging a violation.
O. An employee under investigation cannot be compelled to submit to a polygraph
test or any other "truth measuring" device.
40
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ARTICLE 30.
WAGES
> >
1. Effective October 1, 2006, the wage levels forbar~ainin~ unit emnlovees shall be as set forth
in the pa~plan attached hereto as Attachment A. Employees shall be slotted into this pay plan on
their anniversary date or date of promotion during the 2006-2007 fiscal year as provided in
Attachment B. Slotting will be implemented retroactively to October 1, 2006, where necessary.
Only those employees emplo.~ ed by the Village on the date of ratification are eligible for retroactive
wage adjustments. There will be no other wage increase durin f~year 2006-2007.
Effective with the fiscal year be~innin~ October 1, 2007, and continuing for each fiscal year
thereafter, each employee, on the employee's anniversary date or date of promotion, shall advance
one step in the pay plan attached hereto as Attachment A as modified through annual cost of living
adjustments except as provided in Section 3 below or as provided in Attachment C or Attachment
D hereto which identify certain employees who will advance more than one step in fiscal year 2007-
2008 and/or fiscal year 2008-2009.
2. Effective October 1, 2007, and each October 1 thereafter, all emnlovees shall receive a cost
of living adjustment in an amount to be determined by the VILLAGE utilizing the consumer price
index. Cost of living; adjustments will be provided to members of the bar aining unit in an amount
equal to the cost of living,. adjustment provided to non-bar a~g unit employees of the VILLAGE.
Each step in the pay plan attached hereto as Attachment A shall be correspondingly increased b~
amount equal to the cost of livingad~ustment provided each ,
3. A bargaining unit member who receives a performance evaluation rating of "Below
Standards" or "Development Required" shall have a counseling session with supervisory personnel
and be provided with performance goals. Such members shall not receive a step increase on their
anniversary date or date of promotion as provided in Section 1 above. The member will be re-
evaluatedninety (90) days following the counseling session. If a performance rating of "Successful
41
~I~
Level I" or better is received, the member will then receive the
step increase the member should have received on his or her anniversary date or date of promotion.
If after 90 days the member still has not received a performance rating of "Successful Level P' or
better the member will have an additional counseling session with supervisor personnel and will
be provided with an additional set of performance goals. If after this second 90 day period the
member still has not received a performance rating of "Successful Level I" or better, the member
shall not receive a step increase and maybe subject to discipline or dischar e with just cause.
4. Employees assi ng_ ed by the Public Safety Director or the Fire Chief to serve as a Field
Training Officer shall receive assignment pay of 2.5% above their base rate of pay for all shifts on
which the employee acts as a Field Training Officer.
5. Upon promotion, an employee shall be slotted at the lowest step in the new classification
which provides at least a 10% increase in base rate of pay.
~6. 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.
~7. The minimum rate established for the bargaining unit positions in the Village pay plan, shall
be paid upon employment to "new hire" employees, except that an amount above the minimum rate
may be paid when the rate is approved by the Village Manager following a written justification from
the Public Safety Director. Approval will be based on the exceptional qualifications of the appointee
or the inability to employ adequate personnel at the minimum rate. The Public Safety Director shall
address in his justification the rate of pay of current members of the department who have
comparable years of service as the proposed appointee.
68. All employees hired on or after October 1, 2005, shall continue to have their regular
paychecks electronically deposited into the employees choice of banking, savings and loan, or credit
union institutions.
. Employees
participating in the direct deposit program shall continue to receive from the VILLAGE paper pay
stubs. Employees hired prior to October 1, 2005, may voluntarily opt into the direct deposit
program.
~9. Employees shall receive
biweekly pay by either paycheck or direct deposit.
10 The VILLAGE shall match bar a~ fining unit employee contributions to a VILLAGE approved
42
d~'
Chapter 457 Deferred Compensation Plan at a rate fift cy ents ($0 50 for every one dollar ($1 00~
contributed to such plan up to a maximum of sixty ($60 dollars per month ($720 annually) to be
contributed by the VILLAGE on behalf of each bar aining unit employee
+_ _ _rr_
----~---=r -- ---- ~_ ~_ ~__ 1-
1 GGIQJJ111GU 0.J All ~ ,
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43
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ARTICLE 31.
TRAINING
1. In keeping with the ever increasing requirements to maintain certification and the skills
necessary to perform the public safety functions, it is agreed that any employee who attends
€n~er training as required by the Department or Village for public safety functions will receive
pay at a rate of one and one half regular pay if the ~irei~tghtirrg training time is above and beyond the
employee's normal work week. If the employee fails to complete a full work week, pay for
firefighter training will be received at regular rate of pay. Fire Inspector re-certification training
shall be provided for by the Department.
2. The VILLAGE agrees to provide one week's advance notice for any training scheduled for
weekends.
44
i
{
ARTICLE 32.
PROBATIONARY EMPLOYEES
1. All new employees shall be designated as probationary employees and shall remain in
probationary status in their classification for one (1) year from their date of graduation from the
academy, or one (1) year from their date of employment in the case of an employee hired who is
already a certified officer who does not attend the academy.
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.
45
ARTICLE 33.
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
1. The VILLAGE and the UNION 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 UNION
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.
46
`Ct(~
ARTICLE 34.
DURATION
This Agreement shall be retroactively effective to October 1, 2006, upon ratification lleeame
by both the UNION and the VILLAGE and shall continue in full
force and effect until September 30, 20069. The parties shall reopen Article 6 (Pension) for
negotiations as provided for in that Article.
- ,
. ~atiz
' S` ^~'*'~° ~^^'~^^'''° ~'°^^' ~~°^r The parties shall commence negotiations for a successor agreement
by July 1, 2009.
47
UU~
L~
APPROVAL/SIGNATURE PAGE
Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the UNION's
Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement
for 2006-2009 reached by the negotiators through collective bargaining.
This Agreement shall not be binding on the Village of North Palm Beach until it has been ratified
by the Village Council and by the employees who are members of the bargaining unit.
THE VILLAGE OF NORTH PALM BEACH
Ratified by the Village of North Palm Beach
on the ~ day of f ZGf,~2~~, 2007
~-~ .~.
Dav~d~
Mayor
PROFESSIONAL FIREFIGHTERS /
PARAMEDICS OF PALM BEACH
COUNTY, LOCAL 2928, IAFF, INC.
Mi hael J. Ma
Pr sident
Anthony Giarrus~o
District Vice President 12
Ratified by employees in the bargaining unit
on the ~ day of Y"~e. ~ ~ ~ q , 2007.
J f~-
Mi ael J. M o
Pr sident
- __
Melissa Teal, CMC
VILLAGE Clerk
48
i~~~
ATTACHMENT A
PAY PLAN
Firefighter/ Annual
EMT
Firefighter/ Annual
Paramedic
Step 1 $39,772 Step 1 $43,860
Step 2 $42,158 Step 2 $46,492
Step 3 $44,688 Step 3 $49,281
Step 4 $46,922 Step 4 $51,745
Step 5 $49,268 Step 5 $54,332
Step 6 $51,732 Step 6 $57,049
Step 7 $53,801 Step 7 $59,901
Step 8 $55,953 Step 8 $62,298
Step 9 $58,191 Step 9 $64,789
Step 10 $60,651 Step 10 $68,042
Lieutenant Annual
Step 1 $54,639
Step 2 $57,371
Step 3 $60,239
Step 4 $63,251
Step 5 $66,414
Step 6 $69,070
Step 7 $71,833
Step 8 $75,002
49
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~~'
ATTACHMENT B
INITIAL SLOTTING
Effective October 1, 2006, each employee shall be slotted into the pay plan provided in
Attachment A on his or her anniversary date or date of promotion as follows:
Firefighter/EMT:
EMPLOYEE STEP
Ian McInnes 9
William Picard 10
Scott Freseman 5
Frank Winewski 4
Robert Hetzel 2
Firefighter/Paramedic:
EMPLOYEE STEP
Paul Ward 10
Victor Gonzalez 7
Joseph Militello 6
Danielle Ward 6
Lewis Steinberg 6
William Smith, Sr. 4
Andrew Lezza 3
Jacob Stone 3
William M. Smith 3
Amanda Gates 3
Steven Brandt 3
Thomas Hagopian 2
Lieutenant:
EMPLOYEE STEP
Joseph McKinnis 7
Juliet Adams 4
Anthony Giarrusso 5
50
~Pl~
ATTACHMENT C
FISCAL YEAR 2007-2008 STEPS
Effective October 1, 2007, on his or her anniversary date or date of promotion each
employee shall advance one or more steps in the pay plan as modified by cost of living adjustments
as follows:
Firefighter/EMT:
EMPLOYEE STEP
Ian McInnes 10
William Picard 10
Scott Freseman 7
Frank Winewski 5
Robert Hetzel 3
Firefighter/Paramedic:
EMPLOYEE STEP
Paul Ward 10
Victor Gonzalez 9
Joseph Militello 8
Danielle Ward 8
Lewis Steinberg 7
William Smith, Sr. 6
Andrew Lezza 4
Jacob Stone 4
William M. Smith 4
Amanda Gates 4
Steven Brandt 4
Thomas Hagopian 3
Lieutenant:
EMPLOYEE STEP
Joseph McKinnis 8
Juliet Adams 6
Anthony Giarrusso 6
51
`~~y'
ATTACHMENT D
FISCAL YEAR 2008-2009 STEPS
Effective October 1, 2008, on his or her anniversary date or date of promotion each
employee shall advance one or more steps in the pay plan as modified by cost of living adjustments
as follows:
Firefighter/EMT:
EMPLOYEE STEP
Ian McInnes 10
William Picard 10
Scott Freseman 9
Frank Winewski 6
Robert Hetzel 4
Firefighter/Paramedic:
EMPLOYEE STEP
Paul Ward 10
Victor Gonzalez 10
Joseph Militello 10
Danielle Ward 10
Lewis Steinberg 8
William Smith, Sr. 7
Andrew Lezza 5
Jacob Stone 5
William M. Smith 5
Amanda Gates 5
Steven Brandt 5
Thomas Hagopian 4
Lieutenant:
EMPLOYEE STEP
Joseph McKinnis 8
Juliet Adams 8
Anthony Giarrusso 7
52
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l~
MEMORANDUM OF UNDERSTANDING
CIVIL EMERGENCY PAY
This Memorandum of Understanding is entered into by the parties as a addendum to the collective
bargaining agreement between the Village of North Palm Beach and the Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. This Memorandum of
Understanding shall be considered to be a part of the collective bargaining agreement as if it were
fully restated in the collective bargaining agreement.
Pursuant to Article 21, Section 11, of the collective bargaining agreement, the VILLAGE has the
right to make changes in schedules when extenuating circumstances such as hurricanes or other
states of emergency dictate. When the VILLAGE exercises its rights pursuant to this clause due to
a local emergency, the provisions of this Memorandum of Understanding will apply.
Civil Emergency Pav (from Comprehensive Pav and Classification Planl: Regular, part-time and
seasonal employees who are released from work or who are retained or called back to perform
VILLAGE work during the threat or occurrence of a hurricane, severe storm, civil disaster, or other
emergency conditions affecting the VILLAGE shall be entitled to civil emergency pay as outlined
below.
A local emergency shall be deemed to have commenced when the Village Council or Village
Manager files with the Village Clerk a declaration of local state of local emergency. Immediately
following such declaration, the Village Manager (or designee) will inform each Village department
and office in as timely a manner as possible that a state of civil emergency is in effect.
The provisions of this Civil Emergency Pay Policy shall become effective immediately following
the declaration of a state of emergency and are considered from that point to take precedence over
all other Village Personnel Rules and Regulations, policies, resolutions, of the VILLAGE in the
matters of pay, compensation, and leave as hereinafter set forth. The provisions of this Civil
Emergency Pay Policy shall apply for the entire time period during which the declared state of
emergency exists.
Designation of employees for purposes of establishing pay and compensation:
A. All VILLAGE employees (regardless offull-time, part-time, seasonal, exempt ornon-exempt
status) will be classified into one of the following three categories:
• A =Essential/Mandatory Personnel
The assistance of these employees is considered essential to the VILLAGE'S ability
to function and provide public services in the event of a civil emergency. This
category shall include all employees in the bargaining unit represented by Local
2928.
B =Essential Personnel
Depending on circumstances and needs, the assistance of these employees maybe
1
Ira!
required in the event of a civil emergency.
C =Non-Essential Personnel
The assistance of these employees is normally not required during a civil emergency
event.
B. Employees who are classified as category "A" (Essential/Mandatory Personnel), which
includes all employees in the bargaining unit represented by Local 2928, are expected to
report for work at the beginning of their assigned shift, work their entire shift, and be
prepared to work any overtime hours as maybe required under emergency conditions.
C. Category "A" employees may also be required to report for work on unscheduled days or
hours, and should be prepared to perform tasks outside their normal scope of duties.
Category "A" employees may be required to remain at a designated facility during some
portion of the emergency event.
D. Employees who are classified as category "B" (Essential Personnel) should be prepared to
report for work, and should be prepared to work any overtime hours if required to do so.
E. Category "B" employees may also be required to report for work on unscheduled days or
hours, and should be prepared to perform tasks outside their normal scope of duties.
Category "B" employees may be required to remain at a designated facility during some
portion of the emergency event.
F. Employees who are classified as category "C" (Non-Essential Personnel) maybe released
from their normal work duties and schedules as circumstances dictate, subject to the
following conditions:
1. The employee is to remain in periodic contact with their supervisor or other
designated representatives in accordance with departmental procedures;
2. Be available to respond to call back assignments as directed; and
3. Be prepared to work any overtime hours that may be required in advance of or
following an emergency event.
G. The VILLAGE retains the right to change at any time an employee's designation (as either
"A", "B" or "C"), based upon the type of civil emergency that exists, and upon the level or
stage of response that is deemed appropriate by VILLAGE management to address the civil
emergency, except that employees in the bargaining unit represented by Local 2928 shall
always be classified as category "A" employees.
An employee who is directed to report for work during a declared civil emergency, and fails to do
so is subject to being disciplined, up to and including termination. In addition to any disciplinary
action, the employee shall forfeit any compensation payable under these policies, except
compensation for hours actually worked.
2
~~~~,1
Employee compensation:
A. Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential), who is not
exempt from the overtime provisions of the Fair Labor Standards Act (this is not meant to
include a 7(k) exemption for firefighters), will be compensated as follows during a period
of local emergency:
The employee will be paid their regular compensation of all hours they are scheduled
for work, but released from work.
Example: If an employee's is scheduled to work from 8:00 A.M. to 5:00 P.M., but
is released from work at 3:00 P.M., the employee will be paid as though the
employee worked until 5:00 P.M., however, only those hours actually worked will
be counted for overtime purposes.
2. The employee will be compensated at a premium rate of double their regular base
rate of pay for all hours actually worked, including hours which would otherwise
qualify for overtime pay (time and one-half).
Example: If an employee who earns $10.00 an hour is scheduled and required to
work at 8:00 A.M. but a local emergency was declared at 7:00 A.M., the employee
shall be paid $20.00 an hour for all hours actually worked until the local emergency
ends.
3. Any employee who is exempt from the overtime provisions of the Fair Labor
Standards Act (this is not meant to include a 7(k) exemption for firefighters), except
the Village Manager, will be compensated as follows: the employee will be paid
their regular weekly pay plus one (1) hour of straight time for each hour of work over
40 hours of work provided each hour of additional pay corresponds to an hour
worked during the period of emergency.
Example: If a local state of emergency takes effect 8:00 A.M. on a Tuesday and ends
8:00 A.M. on Wednesday and the exempt employee is required to spend Tuesday
night in the Emergency Operations Center (5:00 P.M. Tuesday to 8:OOA.M.
Wednesday), the employee is entitled to 15 hours of additional pay at straight time,
provided they work the balance of their ordinary work week (Monday through
Friday).
It is presumed, solely for the sake of the calculation of emergency pay, that an exempt status
employee (not to include an employee covered by a 7(k) exemption) works an average of 40 hours
per work week. All employees are responsible for keeping accurate time logs/records for hours
worked during a declared state of emergency. The submission of a request for compensation for time
worked when the employee did not actually work during a period of local emergency is grounds for
termination of employment.
n
E ,
;.~~
Leave requests approved prior to a declared emergency will be honored if, in the opinion of the
employee's department director, the employee's absence will not adversely affect the VILLAGE'S
ability to effectively respond to the emergency. However, all employees are subject to having
previously approved leave cancelled, and new requests for leave denied, based upon an overriding
organizational need to have the employee report for duty to fulfill their job assignments during an
emergency.
Any off-duty employee who anticipates being unavailable to respond to a call back assignment
associated with an emergency has a responsibility to discuss their plans with the Public Safety
Director and request to be relieved from call back responsibilities for the anticipated duration of the
emergency. The Public Safety Director will evaluate the employee's reasons for the request to be
relieved of possible call back responsibilities and notify the employee of his/her decision as soon as
possible.
All employees who request sick leave immediately prior to, during, or in recovery from a declared
emergency may be required by the Public Safety Director to submit appropriate medical
documentation to verify their sick leave request. Special Note: An employee who is on a previously
approved leave that was not revoked prior to the specified civil emergency time period is not eligible
for administrative leave with pay or any other form of special compensation that may be made
available under the provisions of this policy.
If the declared emergency time period should encompass a holiday, an employee is eligible to receive
any applicable holiday pay they are due in addition to any special compensation that is to be paid to
under the conditions outlined above.
S~
This Memorandum of Understanding has been executed this ~~ day of ~~, 2007.
THE VILLAGE OF NORTH PALM BEACH PROFESSIONAL FIREFIGHTERS /
PARAMEDICS OF PALM BEACH
COUNTY, LOCAL 2928, IAFF, INC.
chael J. May
President
-._~
Anthony Gi sso
District Vice President 12
4
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