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2005-006 Memorandum of Understanding with PBARESOLUTION 06-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A MEMORANDUM OF UNDERSTANDING TO AMEND COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ATTACHED AS EXHIBIT "A" AND MADE PART OF THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Memorandum of Understanding to Amend Collective Bargaining Agreement between the Village of North Palm Beach and the Palm Beach County Police Benevolent Association attached as Exhibit "A". Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Memorandum of Understanding to Amend Collective Bargaining Agreement set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2005. (V~Ilage Seal) ATTEST: AYO R VILLAGE CLERK MEMORANDUM OF UNDERSTANDING TO AMEND COLLECTIVE BARGAINING AGREEMENT This Memorandum of Understanding is entered into between The Village of North Palm Beach and the Palm Beach County Police Benevolent Association. WHEREAS, The Village of North Palm Beach and the Palm Beach County Police Benevolent Association have heretofore entered into a Collective Bargaining Agreement effective for the term October 1, 2003 and ending September 30, 2006; and WHEREAS, Article 35 of the Collective Bargaining Agreement allows for re- opened negotiations for Article 6 -Health Insurance, Article 24 -Public Safety Continuing Education, and Article 31 -Wages upon timely request by either party; and WHEREAS, the parties, following successful negotiations have reached a tentative agreement regarding amendments to Article 6, Article 24, and Article 31 subject to ratification by the Village Council and the Bargaining Unit Members. There is no change to Article 6. NOW THEREFORE, parties agree to the amendments of Article 24, and Article 31 as hereinafter set forth. ARTICLE 24. PUBLIC SAFETY CONTINUING EDUCATION Bargaining Unit Members are eligible for tuition reimbursement in accordance with the VILLAGE'S Tuition Refund Program as set forth in Section 11.02 of the VILLAGE'S Personnel Rules and Regulation which will be modified by the Village Council in January, 2005 as follows: 1. Bargaining Unit Members must apply for course approval no later than 20 days following course registration. 2. Bargaining Unit Members must submit for reimbursement within 30 day following the Member's receipt of a course grade. 3. Members who receive a course grade of A or B will be reimbursed up to $400.00 per semester for undergraduate courses and up to $450.00 per semester for graduate courses. 4. Members who receive a course grade of C will be reimbursed up to $300 per semester for undergraduate courses and up to $337.50 for graduate courses. Grades below C are not eligible for reimbursement. 5. The VILLAGE will reimburse a Member within 60 day of the Member's request (with evidence of payment and grade) for reimbursement. ARTICLE 31. WAGES Effective October 1, 2004, each bargaining unit member will receive a 2.1 COLA calculated on his/her September 30, 2004 base salary. 2. Effective October 1, 2004, each bargaining unit member who was employed by the VILLAGE on October 1, 2004, and was eligible for a pay for performance wage adjustment shall receive a pay for performance base wage increase ranging from 0% to 5% based on the member's annual evaluation. The pay for performance system shall operate in accordance with Sections 12.01, 12.02, and 12.03 of the VILLAGE's Personnel Rules and Regulations that were in effect on October 1, 2004. 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. The member will be re-evaluated ninety (90) days following the counseling session. If a performance rating of "Successful Level I" or better is received, the member will receive the corresponding performance wage increase. 4. 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. 5. 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. 6. The range of pay, which includes the 2.1 % wage adjustment provided herein, for bargaining unit positions, are as follows: Department Position Title Public Safety Officer From: $37,601 To: $57,342 PSO/Paramedic From: $41,466 To: $64,340 PSO/Firefighter From: $39,481 To: $61,207 PSO/Firefighter/Paramedic From: $43,555 To: $67,474 Sergeant,Detective Bureau From: $45,748 To: $70,921 2 F:\NorthPahnBeach\Contract-MOU-OS.doc Sergeant, Public Safety From: $45,748 To: $70,921 -- Team Leader From: $45,748 To: $70,921 Emergency Dispatcher I From: $29,455 To: $44,913 Emergency Dispatcher II From: $32,483 To: $49,508 Records Clerk From: $24,337 To: $36,766 7. The provisions of VILLAGE Resolution 25-2004 as it relates to pay adjustment for bargaining unit members, following transfer, promotion or demotion are incorporated as though set forth herein. APPROVAL Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the ASSOCIATION's Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement reached by the negotiations through 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 ~ ~/'r. ~ ~,~. Mark Bates Village Manager Dated: l Z ~ PALM BEACH COUNTY POLICE BENEVO AS CIATION By: Larry Fagan Legal Counsel/Lead Negotiator Dated: ~ ~ ~~`~ SIGNATURE PAGE THE VILLAGE OF NORTH PALM BEACH ~- - - ~ , Mayor Village ~;~lerk PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Ernest W. George, resi t Date of ratification by Bargaining Unit: 1124/2005 Date of ratification by the VILLAGE: 1/27/2005 F: \N orth Pa I m B eac h \Con trac t -M O U -O5. doc PALM BEACH COUNTY POLICE BENEVOLENT ASSC>CiATfON, INC. PALtl BEACHfAONTY ' ~ I r `O ~P ~ ..• 1`1AILItiG ADDRESS 2 ] 00 ~;. Florida Mango Road West Paim Beach, FL 33dv~i-6diiii (561j 689-3745 15611 687-015=1 Fax Mark Bates, Village Manager Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, Florida 33408 ADti1lNISTRATIVE OFFICES 100 N. Florida Mango Road `vVrat Pafi~t 6eacli. FL 33409-b-10v (561) 689-3745 January 25, 2005 Re: Ratification of PBA/Village of North Palm Beach Memorandum of Understanding Dear Mr. Bates: Please be advised that a ratification vote was held on Monday, January 24, 2005 concerning the proposed Memorandum of Understanding between the Village of North Palm Beach and the Palm Beach County Police Benevolent Association. The Memorandum was ratified as follows: 16 FOR RATIFICATION 4 AGAINST RATIFICATION Enclosed please find two (2) Memorandums which require signatures by the Mayor and Village Clerk. Please return one fully executed Memorandum for our records at your earliest convenience. Sincerely, 1 1 '~ Gail Seldomridge Legal Assistant :gs cc: Ernie George, President Chief Jimmy Knight PBA Reps The [/oice of Palm Beach County's Law Enforcement Ernest W. George, President -John Kazanjian, Ex. Vice President -Robert Provost, Vice President -Arthur Apicella, Treasurer -Lou Penyue, Secretary