2014-91 IAFF Collective Bargaining AgreementRESOLUTION 2014 -91
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE
PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY,
LOCAL 2928, IAFF, INC. AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the prior Collective Bargaining Agreement between the Village and the
Professional Firefighters /Paramedics of Palm Beach County, Local 2928, IAFF, Inc. ( "IAFF ")
expired on September 30, 2013; and
WHEREAS, the Village and the IAFF have negotiated a new two -year Collective Bargaining
Agreement effective retroactive to October 1, 2014 and Village Administration recommends
Council approval of the new Collective Bargaining Agreement; and
WHEREAS, the Village Council determines that the approval of the new Collective Bargaining
Agreement is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby approves a new Collective Bargaining Agreement
between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928,
IAFF, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the Mayor
and Village Clerk to execute the Collective Bargaining Agreement on behalf of the Village.
Upon ratification by the IAFF, the Agreement shall be retroactive to October 1, 2014 and shall
expire on September 30, 2016.
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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to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.
PASSED AND ADOPTED THIS 11TH DAY OF DECEMBER, 2014
(Village Seal)
MAYOR
ATTEST:
/5/z e 4 �' 4r
VILLAGE CLERK
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.
10/1/14 to 9/30/16
)00048177.2 1823- 9704441 ) Page I of 84
i
Table of Contents
ARTICLE1 PREAMBLE .............................................................................. ............................... 3
ARTICLE 2 RECOGNITION ......................................................................... ............................... 4
ARTICLE3 VALIDITY .................................................................................. ............................... 5
ARTICLE 4 WORKER'S COMPENSATION /ON THE JOB INJURIES ...... ............................... 6
ARTICLE 5 HEALTH INSURANCE ............................................................. ............................... 7
ARTICLE 6 PENSION .................................................................................... ............................... 8
ARTICLE 7 MATERNITY LEAVE ............................................................. ...............................
10
ARTICLE 8 PAID BEREAVEMENT LEAVE ............................................ ...............................
12
ARTICLE 9 MILITARY LEAVE ................................................................. .........................:.....
13
ARTICLE10 SICK LEAVE ......................................................................... ...............................
14
ARTICLE 12 MANAGEMENT RIGHTS .................................................... ...............................
18
ARTICLE 13 SENIORITY ............................................................................ ...............................
19
ARTICLE 14 PAID VACATIONS ............................................................... ...............................
20
ARTICLE 15 PAID HOLIDAYS .................................................................. ...............................
23
ARTICLE 16 GRIEVANCE PROCEDURE - ARBITRATION .................. ...............................
24
ARTICLE 17 DISCIPLINARY APPEALS ................................................... ...............................
28
ARTICLE 18 UNION ACTIVITIES .............................................................. ...............................
29
ARTICLE 19 RULES, REGULATIONS, DIRECTIVES ............................. ...............................
31
ARTICLE 20 BULLETIN BOARD .............................................................. ...............................
32
ARTICLE 21 SCHEDULED HOURS - OVERTIME PAY ......................... ...............................
33
ARTICLE22 RESERVED ............................................................................ ...............................
36
ARTICLE 23 FIRE RESCUECONTINUING EDUCATION ...................... ...............................
37
ARTICLE 24 TEMPORARY APPOINTMENTS ......................................... ...............................
38
ARTICLE 25 MEDICAL EXAMINATIONS ............................................... ...............................
39
ARTICLE 26 UNIFORM AND CLOTHING ALLOWANCE ..................... ...............................
40
ARTICLE 27 VEHICLES AND EQUIPMENT ............................................ ...............................
42
ARTICLE 28 PERSONNEL FILES - COMPLAINTS ................................. ...............................
43
ARTICLE 29 PROCEDURAL RIGHTS ....................................................... ...............................
44
ARTICLE30 WAGES .................................................................................. ...............................
46
ARTICLE 31 TRAINING ............................................................................. ...............................
49
(00048177.2 1823- 9704441) Page 1 of 85 j E
ARTICLE 32 PROBATIONARY EMPLOYEES ......................................... ............................... 50
C ARTICLE 33 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ..... 51
ARTICLE34 PROMOTIONS ....................................................................... ............................... 52
ARTICLE35 DURATION ............................................................................ ............................... 55
APPROVAL /SIGNATURE PAGE ............................................................... ............................... 56
{00048177.21823 - 9704441 } Page 2 of 84
ARTICLE 1
PREAMBLE
1. 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.
(00048177.2 1823 - 9704441) Page 3 of 84
ARTICLE 2
� RECOGNITION
1. The VILLAGE recognizes the Professional Firefighters /Paramedics of Palm Beach County,
Local 2928, IAFF, Inc., as the certified bargaining agent and exclusive representative of all
firefighter /paramedics, firefighter /EMTs, and paramedics 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 UNION regardless of membership in the UNION.
._._. (00048177.2 1823 - 9704441) Page 4 of 84
ARTICLE 3
VALIDITY
1. 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 as practicable and reopen
negotiations of the affected monetary provision(s) of this Agreement.
(00048177.2 1823 - 9704441) Page 5 of 84��._ -J
/ ,� 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 is self -
inflicted, or the disability continues as a result of the employee's failure to fully cooperate with
medical advice or corrective therapy, or where drugs /alcohol are present at the time of the injury
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 of his
previous position and is certified by a medical doctor prior to the employee returning to work.
The VILLAGE may require confirmation of fitness to return to work.
D. If 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 a post- 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.
100048177.2 1823.9704441 } Page 6 of 84
ARTICLE 5
HEALTH INSURANCE
1. The VILLAGE agrees to provide a health insurance plan to all Village employees. The
VILLAGE agrees to pay one hundred percent (100 %) of the medical, dental and hospitalization
insurance premiums for the employee and eighty percent (80 %) 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 employees in the bargaining
unit with a benefit payable at the maximum level allowed by IRS regulations before imputing
added employee compensation (currently $50,000 or $25,000 after age 70). This life insurance
benefit will be in lieu of any short or long term disability insurance benefit.
{00048177.21823 - 9704441 } Page 7 of 84�- -J
ARTICLE 6
PENSION
1. The Village and the Union agree that the Village of North Palm Beach Fire and Police
Retirement Fund (Retirement Fund) shall be maintained in its current form except as provided
herein. Upon ratification of this Agreement, the Village will draft an amendment to the
ordinance establishing the Retirement Fund to accomplish the modifications provided herein.
The ordinance will be submitted to the Union and the Pension Board's Attorney for review and
comment prior to being submitted to the Village Council for approval. The ordinance
amendment shall accomplish the following:
A. The employee contribution for firefighters participating in the Retirement Fund shall
increase from 2% to 3.5% of covered earnings effective April 1, 2015, and then from
3.5% to 5.0% effective April 1, 2016.
B. The definition of "Earnings" shall include up to 200 hours of overtime compensation.
2. The VILLAGE shall match bargaining unit employee contributions to a VILLAGE
approved Chapter 457 Deferred Compensation Plan at a rate of fifty cents ($0.50) for every one
dollar ($1.00) contributed to such plan up to a maximum of sixty dollars ($60.00) per month
($720 annually) to be contributed by the VILLAGE on behalf of each bargaining unit employee.
I - - = " 00 -1 M. -. Ma. M-11
�„ J {00048177.2 1823- 9704441) Page 8 of 84
YM
.•.
�„ J {00048177.2 1823- 9704441) Page 8 of 84
4. discontinuance lump
of suni payments;
5. for-
capping ovet4inie pension ptifposes; and
6. initiating , to date l,;. o
employee „tribune,, of
i Me
}
(00048177.21823 - 9704441) Page 9 of 84� - - -�
ARTICLE 7
MATERNITY LEAVE
Maternity and Paternity Leave shall be granted in accordance with 9.1.6 C. of Village
Policy No. 08 -09 attached as Appendix A.
3. MaEer- niiy leave— may — He ex4endeA-- i`,-- a. ed: en44y--:. eeesser- y- ns deter-mined -by the
employee's dec4on
M Pm
...
ON HOW
0111P
I
.............
3. MaEer- niiy leave— may — He ex4endeA-- i`,-- a. ed: en44y--:. eeesser- y- ns deter-mined -by the
employee's dec4on
M Pm
...
ON HOW
IN
• r�
IN
Ill I����f' �i�� \��5��� \�I�SS�!•SR�f'���'.'I S����� \�<��il i/� �<�S�SI ���I��t�SiIS�7�l�S l�I �I' _
(00048177.21823 - 9704441) Page 10 of 84
t 1
(00048177.21823 - 9704441) Page 11 of 84
r-) 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 grandparent, 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 of bereavement 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 twenty -four (24) hours of unpaid bereavement leave. A
request for additional time may be 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.
`�.4, (00048177.2 1823 - 9704441 } Page 12 of 84
ARTICLE 9
MILITARY LEAVE
The rights and benefits regarding military leave are as set forth in the Village Leave Policy 08 -09
attached as Appendix A.
i
{00048177.2 1823- 9704441 } Page 13 of 84
ARTICLE 10
�. SICK LEAVE
1. 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 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. Effective the first full pay period after ratification, employees will accrue 0.0481 hours of
sick leave per regularly scheduled hour of work, which regularly scheduled hours of work shall
include all regularly scheduled hours (2,080 hours per year for 40 hour employees and 2,496
hours per year for 48 hour employees) so long as an employee is in that pay status. An employee
on paid sick leave shall continue to accrue all benefits as if on active duty, except that paid sick
leave shall not be considered days worked for overtime purposes. A second sick leave accrual
bank (Bank #2, called "IAFF sick leave ") shall be established and maintained by the Village for
all time accrued under this new Sick Leave accrual rate. Future conversions of leave utilizing
this "new" accrual rate in between 48 -hour and 40 -hour shifts will not be conducted.
The Village shall maintain intact, the original employee sick leave accrual bank, (Bank
#1 called "sick leave ") [with no conversion] to be utilized in accordance with the prevailing sick
leave policy. Employees shall exhaust all accrued sick time in Bank #1 prior to utilizing sick
time accrued in the newly established Bank #2. Accruals and deductions will appear for both
Banks on the employee's pay stub. The original sick leave bank, Bank #1 shall be maintained
until such time as all accrual balances in that bank has been exhausted for each employee
individually.
4. Only a member's bank of accrued sick time in Bank #1 will be adjusted using the
following formula, when the member is separated from service or assigned to a different
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
�` J {00048177.2 1823 - 9704441 } Page 14 of 84
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 four hundred eighty (480) unused accrued sick leave hours (which equals a
maximum of two hundred forty (240) hours 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 four hundred eighty (480) unused accrued sick leave hours. 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 three hundred eighty four (384) hours of sick leave
( "minimum base ") in Bank #2 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 hour above the minimum. Leave accumulated in Bank #1
will not be eligible for sick leave reimbursement upon the effective date of this
contract.
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 Human Resources 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 a certificate /affidavit confirming that the
reimbursement for the sick leave is final and will not be subject to the grievance
process.
{00048177.2 1823 - 9704441 } Page 15 of 84 J)
" \ 7. An employee who has been declared either physically or psychologically 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 compensatory time.
9. An employee is responsible for the appropriate use of sick leave. Sick leave abuse occurs
when an employee uses sick leave for unauthorized purposes or falsifies the actual reason for
charging an absence to sick leave. Abuse may also occur when an employee establishes a pattern
of sick leave usage over a period of time such as the day before or after a holiday, on Mondays
and Fridays, after paydays, any one specific day, half -day, or a continued pattern of maintaining
zero or near zero leave balances. Sick leave abuse is misconduct and can result in disciplinary
action in accordance with Article 12.
{00048177.2 1823- 9704441 } Page 16 of 84
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 fees 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 Fire Chief 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.
1
(00048177.2 1823- 9704441 } Page 17 of 84
('- ) ARTICLE 12
MANAGEMENT RIGHTS
1. 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 Fire Rescue 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 of North 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 may be suspended by the
Village Manager, or his designee, during the time of the declared emergency, provided that
the wage rate and monetary fringe benefits shall not be suspended.
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.
_
100048177.2 1823- 9704441) Page 18 of 84
ARTICLE 13 /
SENIORITY
1. Seniority shall be defined as length of service with the Village Fire 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 Fire Chief has the final authority to over -ride seniority for extraordinary
operation reasons and his decision in that regard is not grievable. When the Fire Chief over-
rides a request based on seniority, he shall inform the requesting party in writing of the basis
of his decision.
3. Where a promotional opportunity shall occur and two or more employees are under
consideration, the Fire Chief shall give due consideration to seniority and qualifications.
4. 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.
5. 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.
6. An employee shall be recalled in inverse order of layoff.
7. 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.
8. Seniority shall continue to accrue during all types of leave approved by the VILLAGE.
{00048177.21823 - 9704441 } Page 19 of 84
ARTICLE 14
C 1 PAID VACATIONS
1. Vacation days accrue but may not be taken during the first one hundred eighty (180) days
of service. Exceptions to this general rule may be made by the Fire Chief at his discretion. All
personnel who have completed 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
DAYS OF VACATION
40 Hour Employ
10 working day = 80 hours
6 Years but less than 15 working days = 120 hours
10 years
24 Hr. Employee and Paramedics
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 Fire Chief may approve vacation selections greater than ten (10)
�,__J (00048177.21823 - 9704441) Page 20 of 84
shifts. Such approval shall not be unreasonably denied. No part of any vacation lasting eleven
(11) shifts or more (including Kelly Days) may be cancelled.
(ii) Second Round - No later than November 15, employees may submit
requests 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 Fire Chief
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 Fire Chief 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.
{00048177.21823 - 9704441 } Page 21 of 84 �� - -/
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:
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) _
Convert vacation hours to 40 hour accrual =
120 hours
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 30th immediately following the written request. Reimbursement shall be at 100% of
the employees' hourly rate as of September 30th of the fiscal year in which the ten (10) vacation
days were used. The employee will be required to sign a certification/affidavit confirming that
the reimbursement for the annual vacation leave days /hours is final and will not be subject to the
grievance process."
{00048177.2 1823 - 9704441 } Page 22 of 84
ARTICLE 15
PAID HOLIDAYS
1. The following days shall be considered paid holidays and all employees will receive eight (8)
hours of straight time pay. All official holidays shall be considered to commence at the
beginning of the first shift on the day on which the holiday is observed and continue for
twenty -four (24) hours thereafter.
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. For all hours worked on any of the above -named holidays the employee will be paid a
premium rate of pay of 1 '/2 times the employee's base rate of pay.
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
benefit shall be equally received by the bargaining unit covered by this Agreement.
4. In the event an employee calls out sick for all or any portion of the holidays identified in
Section 1 above, and in the event such use of sick leave causes the Village to hire another
employee at an overtime rate, the employee utilizing sick leave on the holiday shall be
charged sick leave at the rate of one and one -half (1 %2) hours for each one (1) hour of sick
leave used.
(00048177.2 1823.9704441) Page 23 of 84 -_ -�
\ 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 grievable. If the dispute is not covered by the
grievance procedure as set forth in the Agreement then the dispute shall be processed as set
forth in Article 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 may be 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 Fire Chief or his designee. The Fire Chief shall, within ten (10)
calendar days after the receipt of the formal written grievance, render his decision on the
grievance in writing. The Chief shall reply in writing within ten (10) calendar days of
receipt of the grievance. Failure by the Chief to reply within the time period shall be held
to be an approval of the grievance and the remedy sought.
100048177.2 1823.9704441) Page 24 of 84
Step 3: In the event that the employee is not satisfied with the disposition of the grievance 1
by the Fire Chief 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 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 of back 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.
100048177.21823 - 9704441 } Page 25 of 84
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 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 of non - 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.
4
{00048177.21823_9704441 } Page 26 of 84
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 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.
(00048177.21823 - 9704441) Page 27 of 84��- - - -1)
ARTICLE 17
DISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
An employee who wishes to challenge any disciplinary action, shall file a notice of appeal to
the Fire Chief 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 Fire Chief 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 Fire Chief to respond within ten
(10) calendar days shall constitute a determination that the discipline is sustained.
An employee who is not satisfied with the Fire Chief 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.
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 a pre-
determination conference with the Village Manager or his /her designee. No pre - determination
conference shall be conducted with less than ten (10) calendar days notice to the employee.
�„
100048177.2 1823 - 9704441 } Page 28 of 84
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. A UNION representative shall be permitted to accompany a fellow employee 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 a pre - 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 Fire Chief or his designee.
6. There shall be created a pool 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 holiday pay received for
the New Year's Day holiday 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 holiday pay for the Martin
Luther King, Jr., holiday.The Union Time Pool may be used for Union business upon approval
100048177.2 1823 - 9704441 } Page 29 of 84` -
l 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
regarding the provision of emergency 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.
Salary and overtime pay, if any, incurred in replacing the Union representative(s) on authorized
union leave shall be deducted from the Union Leave Account so there is no cost incurred by the
Village when union leave is authorized. Authorization for Union leave shall be limited by the
amount available in the Union Leave Account.
i
(00048177.2 1823-9704441 Page 30 of 84
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.
(00048177.2 1823- 9704441 } Page 31 of 84
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. The VILLAGE agrees to furnish space for the
bulletin board.
2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials or
supervisory personnel.
3.
i
��_. (00048177.2 1823- 9704441) Page 32 of 84
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 (7th) shift. The FLSA work period for
shift employees is twenty -one (2 1) days.
2. Effective with 2015 Kelly Day selection, Kelly Days will be selected annually prior to first
round vacation selections. Such selections shall be implemented beginning with the first full
twenty -one (21) day work cycle in January 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 Fire Chief 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 (7th) shift. Kelley day selections shall remain
unchanged until the 2015 selection for 2016.
3. Kelly Days may be 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 may be 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.
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
(00048177.2 1823 - 9704441 ) Page 33 of 84 �`- - )
or her Kelly Day shall be paid at the rate of time and one -half (%2) of the employee's straight time
pay for all hours worked.
7. For purposes of computing overtime pay, all authorized paid leave, except sick - leave, shall
be considered time worked.
8. Employees assigned to "standby" will be paid a minimum of one (1) hour's pay per "standby
shift ". In the event an employee is "called back ", he or she shall receive a minimum of two
(2) hours pay. "Standby" and "call back" time relate to either fire duty or emergency duty.
9. Employees may exchange hours subject to the approval of the Fire Chief or his designee
providing such exchanges do not result in overtime.
10. The VILLAGE retains the right to make changes in schedules when extenuating
circumstances such as hurricanes or other states of emergencies dictate.
11. When the Department requires overtime work to fill a vacancy, the overtime assignment shall
be offered using an overtime rotation file. Employee names cards shall initially be filed in
order of seniority with the Fire Department, after the first use to fill an overtime assignment
the cards shall be rotated as follows: The cards shall be called in order of placement in the
file starting with the first. If the call is answered by voicemail, a message shall be left stating
they are being called for overtime and they have three (3) minutes (from the current time) to
reply. If in three minutes they have not replied, they are treated as a turn down, their card is
marked as such and moved to the back of the file; the next card is called and this sequence is
repeated until an answer or callback is received. The first person to answer /callback shall be
informed of the overtime assignment; if they turn the overtime down they shall be informed
that they will be ordered in if no other employee called accepts the overtime. Calls will
continue until someone accepts the overtime assignment or the file has rotated back to the
first person to answer who will then be ordered in to work the overtime assignment.
Employees already scheduled to work on the shift requiring overtime shall not be subject to
call and their cards shall not be moved in this rotation. Overtime assignments of less than
eight (8) hours in duration shall not cause file cards to move in rotation.
12. Overtime assignments which are less than eight (8) hours in duration and commence at the
beginning of a shift shall be offered to qualified employees of the off going shift in order of
seniority. If no off going employee accepts the overtime assignment, the least senior
employee from the off going shift shall be ordered to work the overtime assignment.
13. Employees on workers' compensation, FMLA, or medically assigned light duty will not be
called for overtime assignments, their position in order of rotation shall be held until they
return to work at full duty.
\, (00048177.2 1823 - 9704441 } Page 34 of 84
14. Newly hired employees shall serve six (6) months of their probationary period and pass FTO
before being eligible to accept an overtime assignment. On their six month anniversary an
overtime rotation card for the new employee shall be added to the file, placed at the back of
the file.
15. No employee shall be allowed to accept an overtime assignment which would cause them to
work more than forty -eight (48) hours in a row without a minimum twelve (12) hour break
between periods of work.
{00048177.2 1823-9704441 } Page 35 of 84��_._
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 when accrual in lieu of overtime pay is approved by the Fire Chief.
2. Compensatory time will be granted if the employee notifies the Fire Chief of the
contemplated use at least seven (7) calendar days prior to use, provided such use will not be
unduly burdensome to the Fire Department's operation. Accrued compensatory time will be used
or, if not used, paid out within a reasonable period of time after accrual.
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.
\, ,l' {00048177.2 1823 - 9704441 } Page 36 of 84
ARTICLE 23 FIRE RESCUE CONTINUING EDUCATION 1
1. Employees covered by the collective bargaining agreement shall be eligible for tuition
reimbursement in accordance with the VILLAGE'S Higher
Education and Assistance Program as provided in Section 11.02 of the VILLAGE'S
Personnel Rules and Regulations.
2. Education or degree seeking courses, classes, or programs shall be eligible for tuition
reimbursement even if such courses, classes, or programs do not cost at least $1,200.
{00048177.21823 - 9704441 } Page 37 of 84� -�
ARTICLE 24
TEMPORARY APPOINTMENTS
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. In the
event an employee is required to temporarily accept responsibility and carry out the duties
of a rank which is more than one rank higher than that which he or she normally holds, the
employee shall receive five percent (5 %) for each rank above his or her normal rank, e.g., a
Firefighter /Paramedic temporarily assigned to work as Fire Lieutenant shall receive ten
percent (10 %).
2. If a lieutenant or driver is called in for overtime because of vacancies on that shift they will
automatically fill in for an absent lieutenant and /or driver before going to the stepping up
process.
3. 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.
4. Should the Fire Lieutenant be absent for any reason the Driver Engineer shall step up to
Lieutenant. A temporary driver engineer selection shall then first be made from among those
employees on the current promotional eligibility list for driver engineer. In the event there is
no employee currently on the driver engineer eligibility list, selection will be made from
among those employees who qualify for participation in the promotional process for driver
engineer. In the event there remains no employee eligible for the temporary upgrade,
selection shall be made from among all employees deemed qualified by the Village for the
temporary upgrade. Should the Fire Lieutenant and Driver Engineer both be absent for any
reason a temporary fire lieutenant shall first be selected among those employees on the
current fire lieutenant promotional list. In the event there is no employee currently on the fire
lieutenant eligibility list, selection will be made from among those employees who qualify
for participation in the promotional process for fire lieutenant. In the event there remains no
employee eligible for the temporary upgrade, selection shall be made from among all
employees deemed qualified by the Village for the temporary upgrade. This process would
then be repeated to select a temporary driver engineer using the driver engineer promotional
list. The eligibility lists will be maintained by the Fire Chief and updated on a bi- annual
basis. Temporary appointments shall be filled with employees scheduled to work the affected
shift and shall not incur overtime pay. If, however, overtime is required to fill out the shift,
and the person accepting the overtime holds the rank of Fire Lieutenant or Driver Engineer
they would then automatically fill that position, negating the above process.
.... _ �` (00048177.21827 - 9704441) Page 38 of 84
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 Fire Chief, after the recommendation of a supervisor
who is at least one level of supervision higher than the immediate supervisor of the employee
in question. Among other things, such facts and inferences may be based upon:
A. 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 employees 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 testing to employees upon exposure to any of
the following hazards:
A.
Hepatitis A, B, or C
B.
Measles
C.
Polio
D.
Varicella
E.
HIV /AIDS
F.
Heavy Metals
G.
Tuberculosis
5. The VILLAGE will also provide flu shots annually for all employees.
i
{00048177.21823 - 9704441 } Page 39 of 84� - -- =�
ARTICLE 26
C 1 UNIFORM AND CLOTHING ALLOWANCE
1. A sixty ($60.00) dollar monthly allowance shall be paid to all members of the bargaining unit
for the repair and cleaning of clothing used in the performance of duty.
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 following uniforms and equipment
upon initial employment with the Village:
- Class A uniform badge
- Set of station keys (SM and ED key)
- Department ID
- Station swipe card
- Class A dress shirt with specialty patches and department patch
- 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 - Lightweight waterproof shell winter /windbreaker jacket with reflective tape
1 - Set of rain gear
2 - Pair of station gym shorts
3 - Station short sleeve t -shirts
2 - Station long sleeve t -shirts
1 - Long sleeve sweat shirt
�� ;� (00048177.21823 - 9704441 } Page 40 of 84
6. Replacements may be acquired on an as- needed basis through an employee's Captain each /
fiscal year. Annual boot allowance will continue to be issued in October of each year
consistent with Section 4 above.
{00048177.2 1823 - 9704441 } Page 41 of 84 �-
C ARTICLE 27
VEHICLES AND EQUIPMENT
1. 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. Fire vehicles
will be washed and sanitized as necessary.
2. 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.
3. Portable Radios. Employees will be provided with two -way portable radios while on
shift.
\. -� {00048177.2 1823 - 9704441 } Page 42 of 84
ARTICLE 28 % 1
PERSONNEL FILES - COMPLAINTS J
1. 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 Fire Chief 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 the charge shall be plainly and clearly marked as unfounded in all the personnel
folders of the subject employee.
100048177.21823 - 9704441 } Page 43 of 84 -J
r ARTICLE 29
i PROCEDURAL RIGHTS
Any employee under investigation and subject to interrogation by the Village 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.
i
�... % (00048177.21823 - 9704441) Page 44 of 84
J. Representation on complaint review boards: A Complaint review board shall be 1
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.
(00048177.21823 - 9704441 } Page 45 of 84
ARTICLE 30
WAGES
1. The former step pay plan' is replaced with a pay for performance compensation system.
Employee compensation adjustments will be based on an employee's performance
evaluation.
2. The pay range for bargaining unit positions is as follows:
Title
Grade
Annual Minimum
Annual Maximum
Firefighter/ EMT
200
$43,500.00
$69,600.00
Firefighter /Paramedic
202
$48,876.60
$78,202.56
Driver Engineer /EMT
203
$51,809.20
$82,894.71
Driver Engineer /Paramedic
204
$54,917.75
$87,868.40
Fire Rescue Lieutenant
206
$61,705.58
$98,728.93
3. Performance evaluations cannot be grieved as they represent the exercise of managerial
discretion. If an employee believes their evaluation was the result of discriminatory or
personal bias on the part of their supervisor, the employee may request review by the Human
Resource Director. If evidence of bias is found, the Human Resource Director in consultation
with the Village Manager may adjust the evaluation score.
4. For the term of this Agreement, Wages will be adjusted as follows:
Year One (10/1/14- 9/30/15)
• The pay range (salary band) for Fire Lieutenant will be adjusted to mirror the pay
range for Police Sergeant. There is no corresponding pay adjustment for employees in
that position but their top out pay potential is increased.
• Effective 10/1/2014, members base salary will be adjusted to the levels recommended
in the Village Pay Study. The Adjusted base wage of each bargaining member is as
set forth in Exhibit "A ". Retro pay resulting from the increase calculated from
10/1/2014 will be paid the first pay period following ratification.
' The step pay plan was discontinued 10/1/2013.
1
{00048177.2 1823- 9704441) Page 46 of 84
• The first pay period following ratification each bargaining member who received a % )
satisfactory or better performance evaluation in 2014 will receive a non - pensionable
$2,500.00 contract implementation payment.
• Effective 4/1/2015 all members, contingent on a successful level I evaluation under
the current evaluation system, will receive an 8% base wage adjustment, provided no
members base pay will exceed top out pay for the member's position. Increases
above base pay shall be paid in accordance with Section 9 below.
• On or about April 1, 2015 the Village will begin use of a new performance
measurement system. On or before 2/1/2015 the Village and Union will conduct labor
management meetings as necessary to discuss the implementation of the new pay for
performance system. Discussions will include the content and use of the performance
measurement instruments /forms and the methodology to convert performance scores
to percentage wage increases.
Year Two: (10/1/15- 9/30/16)
• Employees may receive a 2.5 % -5% performance increase based on the new Village
pay for performance plan.
• Performance adjustments shall occur in the first payroll period beginning in April
2016.
5. For the term of this Agreement merit increases can range from 2.5 % -5% of salary, based
upon documented and demonstrated workplace performance as recommended by the
employee's Supervisor and the Fire Chief. All recommendations for merit increases shall be
submitted to the Village Manager (or Human Resources Department) for review,
consideration and written approval Village Manager prior to discussion or delivery to the
employee.
6. Employees who are at the maximum or exceed the maximum pay for their classification will
not be eligible for a merit increase but may be eligible for a lump sum performance bonus if
their evaluation is "successful level I" or above.
7. Not all employees will receive a merit increase. A merit increase is contingent upon receipt
of a "successful level I" or higher performance evaluation. 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 improvement goals. A member shall not receive an increase to base salary until
performance reaches a "Successful Level I" rating. 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 then receive the performance based increase the
member should have received on his or her anniversary date or date of promotion, effective
{00048177.2 1823- 9704441 } Page 47 of 84�_.._
the date of the successful evaluation. If after 90 days the member still has not received a
performance rating of "Successful Level I" or better, the member will have an additional
counseling session with supervisory 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 is subject to a non-
disciplinary non - appealable performance based termination of employment.
8. Employees assigned by the Fire Chief or his designee to serve as an EMS Field Training
Officer will receive assignment pay of 2.5% above their base hourly rate of pay. One
employee per shift shall be designated as the EMS Field Training Officer. When that
employee is absent from work, the Fire Chief or his designee, shall assign another employee
to act as the EMS Field Training Officer for the shift on which the regular EMS Field
Training Officer is absent. An EMS Field Training Officer shall provide the services
outlined for the position in Department Administrative SOG 3, Company Position
Descriptions. The EMS Field Training Officer shall be selected from among those who
employees who satisfy the following criteria: has completed at least three (3) years of service
with this Department as a protocoled paramedic, has had no disciplinary action against him
or her which resulted in a demotion or suspension from employment of twenty four (24)
hours or more within the twelve months preceding the announced closing date of selection,
and passed the most recent paramedic protocol test with a score of 80% or higher.
9. 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 not be treated as salary for pension calculation purposes.
10. All employees shall have their regular paychecks electronically deposited into the
employee's choice of banking, savings and loan, or credit union institutions. Employees
participating in the direct deposit program will continue to receive from the VILLAGE paper
pay stubs.
11. Employees shall receive biweekly pay by either paycheck or direct deposit.
1
{00048177.21823 - 9704441 } Page 48 of 84
ARTICLE 31
TRAINING 3
1. In keeping with the ever increasing requirements to maintain certification and the skills
necessary to perform public safety functions, it is agreed that any employee who attends 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 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.
{00048177.21823 - 9704441 } Page 49 of 84 - -�
C1 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 Fire Chief 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.
(00048177.21823_9704441 } Page 50 of 84
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.
(00048177.21823 - 9704441 } Page 51 of 84�- -�
ARTICLE 34
PROMOTIONS
Employees in the classification of Firefighter /EMT or Driver Engineer /EMT who are or
become certified by the state of Florida as a Paramedic and who are or become
released /protocoled by the Medical Director to act as a Paramedic shall be promoted from
the rank of Firefighter /EMT to the rank of Firefighter /Paramedic or from Driver
Engineer /EMT to Driver Engineer /Paramedic.
2. Vacancies in the classifications of Fire Rescue Lieutenant and Driver Engineer shall be
filled in accordance with the promotional process outlined herein. The promotional
process will begin once a position becomes vacant or is expected to be vacated. The
promotional announcement, as well as the job description and qualifications for the
vacant position, will be posted by the Fire Rescue Administration Office. All qualified
persons must submit their intent to be considered for the promotion in writing to the
chief's office within the time frame outlined in the announcement.
3. Employees will be given notice, posted on the work location bulletin board(s) and by e-
mail, at least ninety (90) days in advance of a target promotional examination date. The
testing will commence no sooner than ninety (90) days after and no later than one
hundred twenty (120) days after the notice. Source materials from which the examination
will be drawn shall be given in writing concurrent with the notice of the promotional
exam and shall be in print or otherwise obtainable at the candidates' expense.
4. No employee shall be permitted to apply for a promotional examination after the
announced closing date.
Eligibility Criteria
5. Employees who apply for the promotional process must have the prerequisites as of the
closing date for the written examination.
6. In order to be eligible to participate in the promotional process, a candidate must not have
had any disciplinary action against him or her which resulted in a demotion or suspension
from employment of twenty four (24) hours or more within the twelve months preceding
the announced closing date.
7. In order to participate in a promotional process for the rank of Fire Rescue Lieutenant, an
employee must satisfy the following criteria as of the announced closing date:
i. Five (5) or more complete years of service in this Department.
i
(00048177.21823 - 9704441 } Page 52 of 84
ii. Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire ! 1
Apparatus and Equipment, and certification as Fire Officer I or completion
of all classes required to be certified as Fire Officer I. The Fire Chief and
the Union President may agree to modify these requirements so long as
any such modification is agreed to prior to the announcement of the
promotional examination and is clearly indicated in such announcement.
iii. Current Paramedic certification and at least three (3) consecutive years of
service as a protocoled Paramedic.
iv. Current and valid State of Florida issued Class E driver's license.
8. In order to participate in the promotional process for the rank of Driver Engineer, an
employee must satisfy the following criteria as of the announced closing date:
i. Three (3) or more complete years of service in this Department.
ii. Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire
Apparatus and Equipment, and FFP 2810 Company Officer and
Leadership. The Fire Chief and the Union President may agree to modify
these requirements so long as any such modification is agreed to prior to
the announcement of the promotional examination and is clearly indicated
in such announcement.
iii. Current EMT or Paramedic certification.
iv. Current and valid State of Florida issued Class E drivers' license.
9. The promotional processes for the ranks of Fire Rescue Lieutenant and Driver Engineer
shall include a written examination and a practical skills assessment. Candidates must
pass the written examination with a score of at least 70% in order to be eligible to
participate in the practical skills assessment. Candidates must pass the practical skills
assessment with a score of at least 70% in order to eligible for promotion. Placement on
the promotional eligibility list will be based upon the weighted average of a candidate's
score on the written examination and the practical skills assessment. The written
examination shall constitute 30 %, and the practical skills assessment shall constitute
70 %, of such weighted average. In the event of a tie in the overall score of two of more
candidates, the tied candidates shall be ranked in order of their scores on the practical
skills assessment portion of the promotional process. If a tie still exists, the tie shall be
broken by seniority.
10. Upon promotion, an employee shall be slotted at the minimum salary in the new
classification or 5% above their pre - promotion base rate of pay, whichever is greater.
{00048177.21823 - 9704441 } Page 53 of 84�... -)
C11. The content of the written examination shall be determined by job task analysis and shall
include questions from the source materials identified in the posted announcement. The
practical skills assessment shall consist of a pool of five (5) scenarios drawn at random
by the candidate. The practical skills assessment shall be graded by three (3) examiners
appointed by the VILLAGE who are not employed by the VILLAGE.
12. Promotional lists shall remain in effect for two (2) years from the date the promotional
list is established or until there are no names remaining on the promotional list,
whichever occurs first.
13. Selection for promotion from the promotional list shall be made by the Fire Chief
utilizing a Rule of Three, i.e., the Fire Chief may select from among the then current top
three (3) candidates on the promotional list. A candidate may refuse an assignment one
(1) time without jeopardizing his or her standing on the promotional list. A second
refusal will result in removal from the promotional list. Any candidate bypassed for
selection in favor of a lower ranking candidate on the promotional list shall be counseled,
at the request of the bypassed candidate, as to the reason the candidate was not selected
for promotion.
100048177.2 1823- 9704441 } Page 54 of 84
ARTICLE 35
DURATION
1. This Agreement shall be for a two (2) year term Commencing October 1, 2014 and
ending September 30, 2016. The parties will commence negotiations for a successor
agreement by June 1, 2016.
2. No employee's base pay shall increase beyond September. 30, 2016 (except increases
resulting from assignment or promotion) unless an increase is provided in a subsequent
collective bargaining agreement or other interim Memorandum of Understanding or
Addendum which is ratified with the same formalities as this Agreement.
{00048177.21823 - 9704441 } Page 55 of 84��_. , -)
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 2014 -2016 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 11th day of December, 2014.
Darryl C. Aubrey, Mayor
Melissa Teal, CMC, Village Clerk
100048177.2 1823 - 9704441 } Page 56 of 84
PROFESSIONAL FIREFIGHTERS /
PARAMEDICS OF PALM BEACH
COUNTY, LOCAL 2 28, IAFF, INC.
Chuck Lupo
Executive Vice President
Anthony Giarrusso
District Vice President 12
Ratified by employees in the bargaining unit
on the 10th day of December 2014.
APPENDIX "A"
Number: 08 -09
Subject: Leave
oO Village of North Palm Beach Date: 08 -27 -13
Revised: Village Policy
Manual Section 9.0
POLICY AND PROCEDURES MANUAL REVISION
9.0 LEAVE POLICY
9.1 Family and Medical Leave Policy (FMLA):
9.1.1 Introduction: It is the policy of the Village to provide eligible employees leave in
accordance with the Family Medical Leave Act of 1993, as amended from time to
time.
9.1.2 Village Policy/Legal Authority: The Village policy prohibits the discrimination or
retaliation against any individual(s) with regard to access to family and medical leave,
or interference with requested leave, under this Policy. The Village has set forth its
policy under this Section of the policy and procedures manual. The specific legal
authority for the FMLA Act is 29 U.S.C. Section 2601, et seq.
9.1.3 Purpose: The purpose of the Family and Medical Leave Policy is to provide
eligible employees up to 12 weeks, or 26 workweeks in the case of service- member
family leave, of unpaid family, medical, or exigency leave during a 12 -month period
in accordance with the Family and Medical Leave Act of 1993.
9.1.4 Measurement of 12 -Month Period: The 12 -month period is measured backward
from the date an employee uses any FMLA leave for all types of leave except to
measure the 26 weeks available to care for a covered service- member. The 12 -month
period to calculate the 26 weeks available to care for a covered service- member is
measured forward from the first date the employee uses leave for this reason.
9.1.5 Definitions:
A. Contingency Operation: means a military operation that-
_....
(00048177.2 1823 - 9704441) Page 57 of 84
C 1. is designated by the Secretary of Defense as an operation in which members
of the Armed Forces are or may become involved in military actions,
operations, or hostilities against an enemy of the United States or against an
opposing military force; or
2. results in the call or order to, or retention on, active duty of members of the
uniformed services under section 688, 12301(a), 12302, 12304, 12305, or
12406 of Title 10, chapter 15 of Title 10, or any other provision of law
during a war or during a war or national emergency declared by the
President or Congress.
B. Covered Active Duty: means duty during deployment to a foreign country as a
member of the Regular Armed Forces or duty of a Reserve component of the
Armed Forces during deployment to a foreign country under a Federal call or
order to active duty in support of a contingency operation.
C. Covered Service - member: means a current member of the Armed Forces,
including a member of the National Guard or Reserves, or covered veteran, who
is undergoing medical treatment, recuperation, or therapy, is otherwise in
outpatient status, or is otherwise on the temporary disability retired list, for an
injury or illness incurred in the line of duty on active duty in the Armed Forces or
that existed before the beginning of the active duty and was aggravated by service
in the line of duty on active duty and that may render the member medically unfit
to perform the duties of the service- member's office, grade, rank or rating.
D. Covered Military Member (for Exigency Leave provisions): means a spouse,
child or parent, who is also a member of the reserve components (Army National
Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve,
Air National Guard of the United States, Air Force Reserve and Coast Guard
Reserve) or a retired service- member of a regular component of the Armed
Forces, is on covered active duty or called to covered active duty status
E. Eligible Employee: An employee who has:
1. Been employed for at least twelve (12) months by the employer with
respect to whom leave is requested. The twelve (12) months of
employment do not need to be consecutive, and
2. Worked, excluding paid and unpaid leaves of absence, for at least 1,250
hours of service during the twelve (12) month period immediately
preceding the leave.
F. Equivalent Position: A position with equivalent pay, benefits and working
conditions, including privileges, prerequisites, and status. The equivalent
position must involve the same or substantially similar duties and
responsibilities, which must entail substantially equivalent skill, effort,
responsibility, and authority.
\_ / {00048177.2 1823- 9704441 } Page 58 of 84
G. Health Care Provider: A doctor of medicine or osteopathy who is authorized
to practice medicine or surgery by the State in which he or she practices.
Anyone determined by the Secretary of Labor to be capable of providing
health care services will also qualify as a health care provided. Included are:
1. Podiatrists, dentists, clinical psychologists, optometrists, and
chiropractors (limited to treatment consisting of manual manipulation of
the spine to correct a subluxation as demonstrated by x -ray to exist)
authorized to practice in the State.
2. Nurse practitioners, nurse midwives, clinical social workers, and
physician assistants who are authorized to practice in the State.
3. Christian Science practioners listed with the First Church of Christ,
Scientist in Boston, Mass.
H. Incapable of Self Care: The individual requires active assistance or
supervision to provide daily self -care in several "activities of daily living or
"ADL's ". ADL's include adaptive activities such as caring for one's
grooming and hygiene, bathing, dressing, eating, cooking, cleaning,
shopping, taking public transportation, paying bills, maintaining a residence,
using telephones, using a post office, etc.
I. Next of Kin of Covered Service Member: means the nearest blood relative of that
individual.
J. Outpatient Status: with respect to covered service- member, means the status of a
member of the Armed Forces assigned to —
1. Military medical treatment facility as an outpatient; or
2. Unit established for the purpose of providing command and control of
members of the Armed Forces receiving medical care as outpatients.
K. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition that involves:
1. Any period of incapacity or subsequent treatment connected with inpatient
(overnight) care in a hospital, hospice, or residential medical care facility; or
2. A period of incapacity requiring absence of more than three consecutive, full
calendar days from work, school, or other regular daily activities and any
subsequent treatment or period of incapacity relating to the same condition
that also involves:
a. Treatment two (2) or more times within thirty (30) days of incapacity,
unless extenuating circumstances exist, by (or under supervision of) a
health care provider; or
{00048177.2 1823- 9704441 } Page 59 of 84�
b. Treatment by a health care provider on at least one (1) occasion that
results in a regimen of continuing treatment under supervision of a health
care provider.
The first, or only, treatment visit under Subsections (a) or (b) must take
place in person within seven (7) days of the first day of incapacity.
3. Any period of incapacity due to pregnancy, or for prenatal care;
4. Any period of incapacity (or treatment therefore) due to a chronic serious
health condition, which is defined as:
a. A condition that requires visits at least two(2) times per year for
treatment by (or under the supervision of) a health care provider;
b.Continues over an extended period of time, including episodes of a
single underlying condition; and
c. May cause episodic rather than a continuing period of incapacity
such as asthma, diabetes and epilepsy.
5. A period of incapacity that is permanent or long -term due to a condition for
which treatment may not be effective such as Alzheimer's, stroke, or terminal
diseases;
6. Any absences for restorative surgery after an accident or injury or to receive
multiple treatments (including any period of recovery there from) by, or on
referral by, a health care provider for a condition that likely would result in
incapacity of more than three consecutive days if left untreated, such as
chemotherapy, physical therapy, or dialysis.
L. Parent: A biological, adoptive, step or foster parent or an individual who legally
stands or stood in the place of the biological parent.
M. Child: A biological, adopted or foster child, a stepchild, a legal ward or child of a
person standing in the place of the biological parent who is either under the age of
18, or age 18 or older and incapable of self -care due to a mental or physical
disability at the time FMLA leave is to commence.
N. Spouse: A spouse is defined in accordance with applicable state law in effect at
the time of the leave.
O. Reduced Leave Schedule: A leave schedule that reduces the usual number of
hours per workweek, or hours per workday, of an employee.
P. Exigency: one that is related to, or necessitated by, the active duty or call to
active duty status of a covered military member and is also one of the
following:
1. Short- notice deployment;
a. Leave for this purpose may be used for seven (7) calendar days
beginning on the date the covered military member is notified of an
(00048177.21823 - 9704441 } Page 60 of 84
2.
3.
9
5.
impending call or order to active duty in support of a contingency
operation. /
b. Leave for this purpose is used to address issues that may arise from the
fact that a covered military member is notified of an impending call or
order to active duty in support of a contingency operation seven (7) or
less calendar days prior to the date of deployment.
Military events and related activities;
a. To attend any official ceremony, program, or event sponsored by the
military; and
b. To attend family support or assistance programs and informational
briefings sponsored or promoted by the military, military service
organizations, or the American Red Cross.
Childcare and school activities;
a. To arrange for alternative childcare when the active duty or call to
active duty status of a covered military member necessitates a change
in the existing childcare arrangement for a child of a covered military
member at the time FMLA leave is to commence;
b. To provide childcare on an urgent, immediate need basis (but not on a
routine, regular, or everyday basis);
c. To enroll in or transfer to a new school or day care facility a child of
the covered military member when enrollment or transfer is
necessitated by the active duty or call to active duty status of a covered
military member.
d. To attend meetings with staff at a school or a daycare facility, such as
meetings with school officials regarding disciplinary measures, parent -
teacher conferences, or meetings with school counselors, for a child of
the covered military member.
Financial and legal arrangements;
a. To make or update financial or legal arrangements to address the
covered military member's absence while on active duty or call to
active duty status, such as preparing and executing financial and
healthcare powers of attorney, transferring bank account signature
authority, enrolling in the Defense Enrollment Eligibility Reporting
System (DEERS), obtaining military identification cards, or preparing
or updating a will or living trust.
b. To act as the covered military member's representative before a
federal, state, or local agency for purposes of arranging or appealing
military service benefits while the covered military member is on
active duty or call to active duty status, and for a period of 90 days
following the termination of the covered military member's active
duty status.
Counseling;
(00048177.21823_9704441 ) Page 61 of 84 1�- - -)
r �
a. To attend counseling provided by someone other than a healthcare
provider for:
1. The employee;
2. The covered military member; or
3. The child of the covered military member.
6. Rest and recuperation;
a. Leave may be taken for up to fifteen (15) days for each instance of rest
and recuperation.
b. To spend time with a covered military member who is on short-term,
temporary, rest and recuperation leave during the period of
deployment.
7. Post - deployment activities;
a. To attend arrival ceremonies, reintegration briefings and events, and
any other official ceremony or program sponsored by the military for a
period of 90 days following the termination of the covered military
member's active duty status; and
b. To address issues that arise from the death of a covered military
member while on active duty status, such as meeting and recovering
the body of the covered military member and making funeral
arrangements.
8. Parental Care where the parent of the military member is incapable of self -
care;
a. To arrange for alternative care when the military member's call to
active duty necessitates a change;
b.To provide care on an urgent, immediate need basis arising from the
call to active duty of the military member;
c. To admit or transfer to a care facility necessitated by the call to active
duty of the military member; or
d.To attend meetings at the care facility due to the call to active duty of
the military member.
9. Additional activities.
a. To address other events provided that the employer and employee
agree that such leave shall qualify as an exigency, and agree to both
the timing and duration of such leave.
9.1.6 Policy:
A. Notice: Employees must provide Human Resources with no less than 30 days
written notice of their intent to take FMLA leave when the leave is foreseeable. If
the FMLA leave is unforeseeable, the employee must provide notice as soon as
possible after the employee learns of the need for the leave.
{00048177.2 1823 - 9704441} Page 62 of 84
B. Eli ibg ility: To be eligible for family or medical leave, an employee must have
been a Village of North Palm Beach employee for at least 12 months and- have
worked for at least 1250 hours during the previous 12 -month period.
In addition to the foregoing eligibility requirements, the employee must also show
that the reason for the leave falls into one of the following categories:
1. the birth of a son or daughter, and to care for the newborn child;
2. the placement with the employee of a child for adoption or foster care, and to
care for the newly placed child;
3. to care for an immediate family member (spouse, child, parent, and parent "in-
law" with a serious health condition;
4. when the employee is unable to work because of a serious health condition;
5. to care for a covered service- member who is a member of the Armed Forces,
including the National Guard or Reserves, or a covered veteran, who is
undergoing medical treatment, recuperation or therapy, is otherwise in
outpatient status, or is otherwise on the temporary disability retired list, for an
injury or illness incurred in the line of duty on active duty in the Armed
Forces or that existed before the beginning of the active duty and was
aggravated by service in the line of duty on active duty and that may render
the service- member medically unfit to perform the duties of the service -
member's office, grade, rank or rating. The employee must be the family
member or the next of kin (nearest blood relative) of the covered service -
member; or
6. to address any qualifying exigency arising out of the fact that a spouse, child,
or parent who is also a covered military member in the reserve components of
the U.S. National Guard, Reserves, or retired members of the regular Armed
Forces or Reserves is on active duty or called to active duty status in support
of a contingency operation and deployed to a foreign country. Such leave is
not available to an employee who is the family member of a service- member
of the Regular Armed Forces unless the military member is deployed to a
foreign country. Additionally the call to active duty refers to a Federal call
and not a State call, unless the State call was ordered by the President of the
United States under certain circumstances.
C. Birth, Adoption or Foster Care of a Child
1. An eligible employee can take up to 12 weeks of leave during a 12 -month
period measured backward from the first date family or medical leave is used.
This applies equally to mothers and fathers. However, if both the mother and
father are employed by the Village of North Palm- Beach, the aggregate
number of workweeks of leave that both can receive is limited to 12 work
weeks during any 12 -month period.
}
[00048177.2 1823 - 9704441 } Page 63 of 84 -- -�'
2. The entitlement to leave expires at the end of the 12 -month period beginning
on the date of the birth, or placement of a child.
3. Employees meeting the requirements of the Sick Leave policy are required to
use their applicable sick leave and then the accrued vacation leave
concurrently with FMLA before the leave becomes unpaid. After any accrued
vacation leave is exhausted, employees may request to use their remaining
accrued sick leave if they did not meet the requirements of the Sick Leave
Policy, or only met the requirements for a portion of the absence, before the
leave becomes unpaid leave. To request to use the accrued sick leave,
Employees must submit the form "Employee Request to Apply Sick Leave to
Unpaid FMLA Leave Based upon Birth or Placement of a Child" to the
Human Resources Department. Any accrued compensatory time off shall be
used prior to the leave becoming unpaid. All paid leaves of absence shall run
concurrently with the FMLA leave.
4. This type of leave shall not be taken by employees intermittently or on a
reduced work schedule.
D. Leave due to serious health condition of the employee or to care for a family
member having a serious health condition.
1. For purposes of this section, Family Member is defined as a spouse, parent, or
child.
2. An eligible employee can take up to 12 weeks of leave during a 12 -month
period measured backward from the first date leave is used.
3. Employees using FMLA leave for a serious health condition are required to
exhaust their sick and vacation leave balances before FMLA leave becomes
unpaid. Any accrued compensatory time off shall be used prior to the leave
becoming unpaid.
4. Spouses employed by the Village of North Palm Beach are limited to a
combined total of 12 workweeks of family leave for the care of an employee's
child who has a serious health condition.
5. Leave due to a serious health condition may be taken intermittently if
medically necessary as certified by the treating health care provider.
E. Service - Member Family Leave
1. For purposes of this section, family member is defined as a spouse, parent, or
child.
2. Next of kin is the nearest blood relative of the service - member (other than the
spouse, parent, or child of the covered service- member) in the following order
of priority: blood relative who has been granted legal custody of the covered
service - member by court decree or statute; brothers and sisters; grandparents;
aunts and uncles; and first cousins; unless the covered service- member has
\__ /
100048177.2 1823- 9704441 } Page 64 of 84
specifically designated in writing another blood relative as the nearest blood '
relative for purposes of military caregiver leave under the FMLA.
3. An eligible employee who is the spouse, son, daughter, parent, or next of kin
of a covered service - member, who is recovering from a serious illness or
injury sustained in the line of duty on active duty, may take up to a total of 26
workweeks of leave during a 12 -month period to care for the service- member.
The leave described in this paragraph shall only be available during a single
12 -month period;
4. During the single 12 -month period, eligible employees are entitled to a
combined total of 26 workweeks of leave for all types of FMLA leave;
5. If both a husband and wife are employed by the Village, the aggregate number
of workweeks of leave that both can receive is limited to 26 workweeks
during the single 12 -month period for service- member leave or a combination
of service- member leave and the other types of FMLA leave available;
6. If an eligible employee does not take all of his or her 26 workweeks of leave
entitlement under this section during the single 12 -month period, the
remaining part of the 26 workweeks of leave entitlement is forfeited.
However, the leave entitlement is applied on a per- covered service- member,
per- injury basis such that an eligible employee may be entitled to take more
than one period of 26 workweeks of leave if the leave is to care for a different
covered service- member or to care for the same service- member with a
subsequent serious injury or illness, except that no more than 26 workweeks
of leave may be taken within any single 12 -month period. When the eligible
employee takes leave to care for more than one covered service- member or for
a subsequent serious injury or illness of the same covered service- member,
and the single 12 -month periods corresponding to the different military
caregiver leave entitlements overlap, the employee is limited to taking no
more than 26 workweeks of leave in each single 12 -month period;
7. Where leave qualifies as both leave to care for a covered service - member and
leave to care for a family member with a serious health condition during the
single 12 -month period, the Village must designate such leave as leave to care
for a covered service- member in the first instance. This leave must not be
designated and counted as both leave to care for a covered service - member
and leave to care for a family member with a serious health condition;
8. Service- member leave may be taken intermittently or on a reduced leave
schedule when medically necessary;
9. Employees using FMLA leave for service- member leave are required to
exhaust their sick leave then their vacation leave balance before FMLA leave
becomes unpaid. Any accrued compensatory time off shall be used prior to
the leave becoming unpaid.
F. Leave due to a qualifying exigency arising out of the fact that a spouse, child or
parent, who is also a National Guard, Reserve, or retired service - member of a
regular component of the Armed Forces, or member of the regular Armed Forces
(00048177.21823 - 9704441 ) Page 65 of 84�- /
is on active duty or called to active duty status in support of a contingency
operation and deployed to a foreign country
1. Leave taken due to a qualifying exigency may be taken on an intermittent or
reduced leave schedule basis.
2. Eligible employees may take up to 12 weeks of leave measured forward from
the first date leave is taken for a qualifying exigency.
3. Employees meeting the requirements of the Sick Leave policy are required to
use their applicable sick leave, if the leave qualifies under the Sick Leave
policy, and then the accrued vacation leave concurrently with FMLA before
the leave becomes unpaid. Any accrued compensatory time off shall be used
prior to the leave becoming unpaid. All paid leaves of absence shall run
concurrently with the FMLA leave.
G. Medical Certification
1. The employee shall provide the Village of North Palm Beach Human
Resources office with complete and sufficient certification of the need for
leave from the health care provider of the employee, family member, covered
service- member, or military member within 15 days of notification of the need
for leave. The certification shall state:
a. The date on which the serious health condition began;
b. Health care provider contact information;
c. The probable duration of the condition;
d. The appropriate medical facts of the condition;
e. If the patient is the employee, information sufficient to establish the
employee cannot perform the essential functions of the job, any other
work restrictions, and the duration of the inability;
f. For family leave or service- member leave: a statement that the employee
is needed to care for the family member and an estimate of the amount of
time that such care is needed.
g. In the case where an employee is unable to return to work because he /she
is caring for a service- member who is recovering from a serious injury or
illness sustained in the line of duty while on active duty, a certification
must be issued stating such by the health provider of the service - member.
h. The medical necessity of any intermittent leave request and estimate of the
frequency and duration of episodes of incapacity.
2. The Village shall provide the appropriate certification form to be used for all
employees requesting FMLA leave. When the certification is returned
incomplete or insufficient, the Village will notify the employee in writing
what additional information is necessary. A certification is not sufficient if it
i
i {00048177.2 1823- 9704441 } Page 66 of 84
is complete, but the information provided is vague, ambiguous, or non- i
responsive. The Village will give the employee seven (7) calendar days to
correct an incomplete or insufficient certification.
3. The certification shall be signed by the health care provider responsible for
providing such services and not by a staff member employed by the health
care provider. The employee will be required to obtain subsequent re-
certification on a reasonable basis.
4. The Village of North Palm Beach may require, at its own expense, that the
employee obtain the opinion of a second health care provider designated or
approved by the Village, however, the health care provider cannot be
employed on a regular basis by the Village. If the two opinions conflict, the
Village can, at its own expense, require a third and binding opinion.
5. Employees failing to provide complete and sufficient certifications as
required, and after any opportunity to correct, may be denied the taking of
FMLA leave.
H. Re- Certifications
The employee will be required to submit a recertification if any of the following
occurs:
1. Every thirty (30) days in connection with the employee's absence, but if the
minimum duration of the condition is more than 30 days, the Village will not
request a recertification until after the initial duration of the condition expires
or when one of the situations below occurs, whichever occurs first.
2. The Village may require recertification within thirty (30) days if-
a. The employee's own, their immediate family member's or covered
service- member's medical condition or duration or frequency of absences
changes significantly;
b. The Village receives information that casts doubt upon the stated reason
for the absence or the continuing validity of the certification; or
c. The employee's need for leave extends beyond the time their own, their
immediate family member's or covered service - member's health care
provider indicates on the most recent medical certification.
3. After six (6) months of the date the most recent medical certification that was
completed by the attending physician, in connection with an absence by the
employee (regardless of the duration of the condition);
4. A qualifying exigency arises out of a different covered active duty or call to
covered active duty status of the same or different covered military member;
or,
{00048177.2 1823- 9704441 } Page 67 of 84 - - - --)
5. The employee's need for leave due to the employee's own serious health
l condition, or the serious health condition of a covered family member, lasts
beyond a single leave year.
6. Employees bear the entire cost of obtaining re- certifications required by the
Village.
7. Employees failing to provide complete and sufficient re- certifications as
required, and after any opportunity to correct, may be denied the taking of
FMLA leave. Failure to provide any re- certification may result in denial of
leave under the FMLA policy. Employees who fail to provide requested
documentation of the reason for an absence from work may be subject to
disciplinary action up to, and including, termination.
I. Intermittent or Reduced Work Week Leave
1. Leave can be taken intermittently or on a reduced work schedule when
medically necessary or as a result of a qualifying exigency. The taking of the
leave intermittently or on a reduced work schedule shall not reduce the total
amount of leave to which the employee is entitled. However, the employee
must provide a certification from the health care provider stating that the
employee's reduced work schedule is necessary and the expected duration and
schedule of the intermittent leave or reduced work schedule. Such
certification must also include the information listed under the foregoing
"Medical Certification" section and shall also be signed by the health care
provider responsible for providing such services and not by a staff member
employed by the health care provider.
2. If an employee requests intermittent leave or leave on a reduced work
schedule that is foreseeable based on a planned medical treatment, the
employee:
a. May be required to transfer temporarily to an available alternative position
(for which they are qualified) which has an equivalent pay and benefits
and which better accommodates recurring periods of leave than the regular
position of the employee.
b. Must make reasonable efforts to schedule the treatment so as not to unduly
disrupt operations.
3. If an employee was absent from work due to a previously approved FMLA
reason that was unforeseeable, the employee is required to follow the
Village's Sick Leave Policy's unforeseeable use of sick leave procedures to
notify the Village of the need for leave, and explicitly state that the need for
leave is related to the previously approved FMLA condition. Upon returning
to work, the employee must complete and submit to the Human Resources
Department an Intermittent Leave of Absence under FMLA Request Form
within 5 business days of the employee's return to work for the time to be
(00048177.21823 - 9704441 } Page 68 of 84
designated as FMLA. In the absence of such timely notification by the i
employee, the employee may not subsequently assert FMLA protections for
the absence.
J. Concurrent Use of Paid Leave
As mentioned in each of the sections above, employees are required to use sick
and /or vacation leave concurrently with FMLA. The Village further requires that
the employee satisfy the procedural requirements set forth in the paid leave
policies in order to ensure payment pursuant to the paid leave policy.
K. Health Insurance and Other Benefits During FMLA Leave
1. During approved FMLA leave, the Village is required to maintain group
health insurance benefits. Maintenance of such group health insurance
requires that the employee continue to contribute any co- payment of his or her
normal portion of the insurance premiums to the Village in order to maintain
insurance coverage. For details on continuation of health insurance benefits
for dependents, contact the Village of North Palm Beach's Human Resources
Department.
2. Once FMLA leave becomes unpaid, employees do not continue to accrue
seniority, vacation leave or other benefits that are not accrued during other
types of unpaid leaves of absence.
L. Return from FMLA
1. Employees returning from an FMLA leave are required to submit a fitness for
duty certification by their healthcare provider prior to returning to work
demonstrating the employee can perform the essential functions of the job.
Failure to provide that certification prior to the scheduled return date may
delay the employee's reinstatement.
2. After the beginning of the leave an employee may discover that circumstances
have changed and the amount of leave time originally anticipated is either
reduced or needs to be extended. In foreseeable circumstances where it is
necessary to change leave time the employee is required to give the Village
notice within two (2) business days.
3. Upon the employee's return to work, the employee is reinstated to the same or
a substantially equivalent position. The Village will not guaranty the
employee's position or an equivalent position if their leave extends past twelve
{00048177.21823 - 9704441 (12) weeks.
� Page 69 of 84
4. An employee who accepts other employment, or who fails to return to work
on the next regularly scheduled work day following the expiration of the
leave, or who does not accept a position offered by the Village when returning
from a leave, will be considered to have voluntarily resigned from their
employment. Employees are prohibited from performing any work during
FMLA leave, for the Village or any other entity or individual, and may be
terminated immediately upon discovery of same.
5. If the employee decides not to return to work: If the employee does not return
from the approved leave, the Village shall require the employee to reimburse
the Village for its portion of their health coverage premium that was paid for
the employee under the group health plan during the employee's leave.
6. Exceptions. The Village will not require the employee to reimburse the
Village for maintaining coverage if the employee does not return to work for
one of the following reasons:
a. If the leave is for the employee's serious health condition and the
employee was unable to return to work because of the continuation,
recurrence or onset of the condition.
b. If the leave is for the serious health condition of a family member and the
employee was unable to return to work because he /she -was still needed to
care for that family member.
c. Certification: If the employee does not return from their approved
leave because of one of the two reasons just stated above, the
employee must present certification from his /her health care provider
or the health care provider of the family member in question. This
certification must be presented as soon as possible, but no later than
fifteen (15) days after the last day of the employee's scheduled leave.
d. The certification must contain the following information:
i. If the leave is for the employee's serious health condition, the
certification must include a statement that the employee is unable
to perform the functions of his /her position on the date the
employee's approved leave expired.
ii. If the leave is for the serious health condition of a family
member, the certification must include a statement that the
employee is needed to care for that family member on the date
that the employee's approved leave expired.
M. Confidentiality
The Human Resources Department shall maintain the confidentiality of
information obtained from employees regarding the qualifying conditions and
medical information during the FMLA process. Supervisors, Department Heads,
and other employees are generally not provided this confidential information.
However, Human Resources will supply the Supervisors and Department Heads,
(00048177.2 1823.9704441 ) Page 70 of 84
as applicable, information regarding the dates of leave, anticipated return to work
dates, and any limitations or restrictions imposed upon the employee by his or her
health care provider to ensure the employee's safety in working on an intermittent
or reduced schedule, or upon his or her return to work.
9.1.7 Forms for the Family and Medical Leave: The forms for Family and Medical
Leave are to be used in application and other various actions for the Family and
Medical Leave Policy and are available in Human Resources.
9.2 Other Leave Policies:
9.2.1 Vacations:
A. General:
1. The Village determines and schedules the vacation period of each
employee eligible for a vacation. Consideration is given where possible to
the preference of the employee as to the time of his or her vacation.
2. No one shall take a vacation of such length as to jeopardize the
effectiveness of the duties of that position. The Department Head and /or
the Village Manager shall determine, based on the conditions specific to
the period sought for the vacation, whether or not the length of the
vacation is appropriate. If the Department Head and /or the Village
Manager deem the vacation to be inappropriate, the vacation length may
be limited.
B. Eligibility Requirements:
1. Vacation days accrue, but may not be taken during the first ninety (90)
days of the employee's probationary period. All full -time personnel who
have completed the first ninety (90) days of their probationary period may
take vacation with pay in accordance with the following accrual schedule:
a. 0 -59 months 80 hours
b. 60 -119 months 120 hours
c. 120 and over 160 hours
2. In the event a paid holiday should occur during an employee's vacation
period, the employee's vacation time shall not be credited against the paid
holiday. 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.
100048177.2 1823.9704441 } Page 71 of 84
C 3. Vacation time shall be credited and reported per pay period to indicate
hours accrued, less hours taken, reflecting net vacation hours available
per pay period.
4. Vacation schedules shall be approved by the Fire Chief.
5. The maximum number of vacation days an employee may accrue is the
unused days accrued during the employee's previous two year period.
Any employee, who voluntarily terminates, retires or dies while
employed by the Village shall receive payment equal to 100% of the
unused days of vacation accrued during the two year period prior to
termination, retirement, or death. If employment is terminated by death,
the estate of the employee shall receive payment for the earned vacation
time. However, in the Village's sole discretion, payment may be made
directly to the spouse, or if no spouse, to the child(ren) over 18 years of
age, or if no children, to the employee's father or mother in accordance
with Florida Statute 222.15, as amended from time to time. Any
employee who fails to complete his /her probationary period, is terminated
for cause, or fails to give appropriate notice of resignation , shall not
receive payment for earned vacation time. Exceptions may be made for
employees unable to provide full notice of resignation as recommended in
writing by the Fire Chief and approved by the Village Manager.
9.2.2 Personal Leave without Pay: The Village Manager may authorize Regular
Employees in regular full -time positions to be absent without pay for a period
not to exceed one hundred eighty (180) days.
A. Leave requests must first have the approval of the affectedfire Chief.
B. These types of leaves shall be for candidacy for elected office, voluntary
military service, education or training that will benefit the Village or other
substantial reason.
C. Employment shall be automatically terminated at the end of approved leave if
the employee does not return to work.
D. Employees shall request such leaves in advance of the date so desired. The
best interest of the Village shall be the primary consideration in granting a
personal leave without pay.
E. E. In no instances shall an employee be granted a personal leave without
pay if he /she can use accumulated paid leave. Health insurance and /or other
fringe benefits may be continued at the employee's own expense during said
unpaid leave.
\, �' (00048177.21823 - 9704441 ) Page 72 of 84
F. During unpaid Personal Leave, employees do not continue to accrue
seniority, vacation leave, sick leave, or other benefits.
9.2.3 Holidays:
A. The following calendar days and such other days as the Village Council may
designate are deemed holidays with time off with full pay to all full -time
employees in regular positions. If the holiday falls on a Saturday, the
previous Friday shall be designated as the official holiday and if the holiday
falls on a Sunday, the following Monday shall be designated as the official
holiday. All official holidays shall be considered to commence at the
beginning of the first shift on the day on which the holiday is observed and
continue for twenty -four (24) hours thereafter.
Holidays
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve Day
Christmas Day
B. Regular full -time employees shall receive pay for official holidays at their normal
rate of pay; provided they are in pay status the last regular shift to which they
would have been assigned prior to the holiday and the first regular shift to which
they would have been assigned following the holiday.
9.2.4 Sick Leave:
A. The basic sick leave policy of the Village shall be to earn one (1) day of sick
leave for each month of employment.
B. All regular full -time employees are eligible to earn one (1) day of sick leave per
month of employment. All regular full -time employees who work less than a full
month due to separation during the month or leave of absence without pay shall
not earn sick leave credits for that month.
i
(00046177.2 1823- 9704441 } - Page 73 of 84 �_. _
j C. Employees taking sick leave shall be compensated at their straight time hourly
rate of pay for the time off work. Sick leave shall continue to accrue during
periods of authorized absence on which the employee is in active pay status. An
employee may accrue an unlimited number of sick days for uses in the event he or
she is sick. However, an employee terminated for cause shall not be entitled to
receive accumulated sick leave pay. Cause shall include theft, intoxication on the
job, violence or threat of violence, conviction of a felony, negligent, careless or
intentional performance that results in damage to property or individuals or the
,risk thereof, performance problems which are determined to be due to skill
deficiency rather than rule violations or neglect of duty, or any cause for
termination identified in any then applicable collective bargaining agreement or
the personnel policies as amended from time to time. Regular employees shall
receive, upon voluntary termination, retirement or death, while in the service of
the Village, a sick leave payment of fifty percent (50 %) of the unused, accrued
sick leave days, not to exceed thirty (30) days total.
D. Uses of sick leave shall not be authorized prior to the time it is earned and
credited to the employee and shall only be used with the approval of the
Department Head for the following reasons:
1. Employee's personal illness.
2. Medical or health treatment which is necessary during working hours.
3. Quarantine due to exposure to contagious disease.
4. In connection with workers' compensation
5. Pregnancy and maternity of employee.
6. When required to personally attend to an immediate family member who
is seriously ill. For purposes of this provision, family member is defined
as parent, child, sibling, uncle, aunt, first cousin, nephew, niece, spouse,
parent -in -law, son -in -law, daughter -in -law, sibling -in -law, step - parent,
step- child, step- sibling, half - sibling, grandchild or grandparent.
Additionally, in the Village's sole discretion, the Fire Chief, Human
Resources Director, or the Village Manager may require medical
certification regarding the necessity for the employee's absence.
7. Any qualifying FMLA reason.
E. In situations where a foreseeable absence due to a qualifying sick leave reason
arises, the employee must provide no less than 30 days written notice to the
Department Head or to Human Resources. An employee who is unexpectedly
incapacitated and unable to work shall notify the Fire Chief no later than
thirty (30) minutes after the scheduled reporting time, or before the start of
the scheduled shift for Public Safety employees, giving reason for absence
and expected period of absence. This procedure shall be followed for each day
the employee is unable to work unless prior approval is given by the Fire
Chief or for approved FMLA absences. The Department Head shall determine
�, % {00048177.2 1823- 9704441 } Page 74 of 84
to his /her satisfaction that an employee was actually too ill to work. Also, the
Fire Chief shall:
1. Investigate suspected abuse of sick leave privileges.
2. After three (3) consecutive workdays of absence, require a medical
certification of the employee's illness before authorization of any
additional sick leave by the employee. Additionally, a Department Head
may require that an employee provide a medical certification of the
employee's illness where in the sole discretion of the Fire Chief, Village
Manager, or Human Resources it appears the employee is abusing sick
leave.
3. After three (3) consecutive workdays of absence, or where it appears the
absence is due to a reason qualifying for FMLA regardless of the length
of the absence, the Fire Chief must notify Human Resources that the
employee may have an absence giving rise to qualification under the
FMLA policy. Human Resources shall provide the employee with the
FMLA Eligibility and Notice of Rights within 5 business days.
4. If a medical certification furnished by the employee is questionable,
require the employee to submit to a medical examination which shall be
paid for by the Village. Based on this medical examination, the Fire
Chief shall:
a. not approve further use of sick leave if the employee is evaluated as fit
for work.
b. allow the employee to use accrued sick leave until all sick leave has
been used or until the employee is able to return to work (whichever
occurs first) if the employee is evaluated as unfit for work.
5. An employee who, upon the request by the Fire Chief, refuses to comply
with these rules shall not be eligible to use accrued sick leave.
6. Abuse of sick leave privileges or a false claim for sick leave shall be
considered sufficient cause for dismissal. Abuse of sick leave shall include,
but not be limited to, an employee taking sick leave as it is earned,
establishing a pattern of taking certain days off without any medical basis,
or requesting sick leave after other leave of absence requests have been
denied. Abuse of sick leave may also be demonstrated by an employee's
failure to maintain an adequate sick leave balance, as determined in the
Village's sole discretion. The employee must ensure that he /she has
sufficient sick leave available before requesting or taking time off under the
sick leave policy. Additionally, a Fire Chief may require that an employee
provide a medical certification of the employee's illness where in the sole
discretion of the Fire Chief, Village Manager, or Human Resources it
appears the employee is abusing sick leave. The Village Manager may
require review of any suspected abuse situation and take appropriate
disciplinary action should abuse be confirmed.
100048177.2 1823- 9704441 } Page 75 of 84 -
7. Should a holiday occur during an employee's sickness, the sick day shall be
charged as a holiday.
8. An employee who has less than six (6) months of service with the Village
and separates from the Village for any reason, shall forfeit all unused sick
leave credits.
9. Sick leave payment for deceased employees shall be remitted to the estate of
the deceased. However, in the Village's sole discretion, payment may be
made directly to the spouse, or if no spouse, to the child(ren) over 18 years
of age, or if no children, to the employee's father or mother in accordance
with Florida Statute 222.15, as amended from time to time.
10. A sick leave pool may be established on a volunteer basis to allow non-
probationary, regular full -time employees who have used up all their sick
leave, compensatory and vacation leave due to FMLA eligible illness to
draw, or use, up to thirty (30) days sick pay subject to the recommendation
of the respective Fire Chief and the approval of Village Manager. The
availability of "usable days" in the pool -is determined by the sick leave time
donated by other employees.
11. Regular full -time (non - probationary) general employees who do not use any
sick leave within any continuous (6) six -month period are eligible to earn
eight (8) hours annual leave time as incentive for not using sick leave.
Bargaining unit employees shall receive sick leave incentive(s) in
accordance with their respective collective bargaining agreement, unless
otherwise negotiated.
9.2.5 Bereavement Leave: Regular full -time employees are entitled to a maximum of
three (3) days of leave with pay for a death (or a critical illness in which death
appears to be imminent) in the family which is defined as: father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father -in -law, mother -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in-
law, step- father, step- mother, step -son, step- daughter, step- brother, step- sister, half -
brother, half - sister, grandchild or grandparent. Any additional unpaid time which
may be granted and charged to accrued and unused vacation leave shall be at the
discretion of the Village Manager.
9.2.6 Reserved.
9.2.7 Jury Duty and Other Legal Duties:
�_... -/ {00048177.2 1823_9704441 } Page 76 of 84
A. 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
from jury duty and has more than half a normally scheduled workday
remaining, shall report to work as soon after release as possible.
B. Employees shall be granted leave with pay for appearance before a court,
legislative committee or other body as a witness in a proceeding involving the
federal government, State of Florida, or a political subdivision thereof in
response to a subpoena or direction by a proper authority if such attendance is
in connection with the employee's official duties. Such leave shall be
approved by the Village Manager.
9.2.8 Meetings, Conferences, or Conventions: Regular full -time employees may
attend conferences, conventions, training programs or other meetings if such
attendance is in connection with the employee's official duties. In all cases the
best interest of the Village shall prevail in granting time off from work. The
Department Heads shall approve the time off and shall notify the Village
Manager. The Village Manager may authorize travel time and /or expenses
necessary to attend such meetings. Probationary employees may be sent for
required certified training courses upon approval of the Department Head and the
Village Manager.
9.2.9 Military Leaves:
A. Annual Military Leave
1. All commissioned reserve officers or reserve enlisted personnel in the United
States military or naval service or members of the National Guard shall
receive a leave of absence without loss of vacation leave, pay, time or
efficiency rating, on all days during which they are engaged in training
ordered under the provisions of the United States military or naval training
regulations when assigned to active or inactive duty. In any one annual
period, leaves of absence shall not exceed 240 working hours provided that
leaves of absence for additional or longer periods of time for assignment to
duty functions of a military character shall be granted without pay and without
loss of time or efficiency rating.
2. Employees will notify their Department Head as soon as they are informed of
military service dates. If employees receive written drill schedules for a period
of time, they will send a copy of the schedule for all scheduled drill at one
time. Department Heads will not require employees to request a leave for each
drill, providing schedules remain unchanged.
a. The employee shall be required to submit a copy of orders or statement
from the appropriate military commander as evidence of such duty to the
{00048177.2 1823 - 9704441 } Page 77 of 84�- -.
Department Head. The orders or statement must be sent to the Village
Manager at least ten (10) days in advance of scheduled date of departure
for proper approval for military leave of absence.
3. Employees must submit a copy of their military orders immediately upon
receipt of the orders. If an employee's military unit divides their two -week
annual training requirements into two or more time frames, this must be
indicated with an attached cover memo.
4. Employees will not be required to, but may choose to use their accrued annual
and holiday leave balance for military requirements once they have exhausted
their paid military leave.
B. Military Leave for Active Duty (Actual Theater of Operations)
1. US Army, Air Force, Navy, Marines, or Coast Guard members called to active
duty by order of the President of the United States to participate or support an
actual theater of operations (defined as the land, sea, or air area directly
involved in war operations) will be granted up to 30 calendar day paid
military leave. The 30 days of paid leave will be for time spent on active duty,
in addition to the annual 240 hours of paid military training leave described
above.
2. Employees called to active duty by order of the President of the United States
will give their Department Head as much information as possible, as soon as
possible. Employees will forward a copy of the operational order, through
their Department Head, to the Village Manager for review when the order is
received.
3. Air/National Guard members activated by order of the Governor of Florida for
humanitarian or civil unrest will be entitled to 30 calendar days of paid
military leave, in addition to the annual 240 hours of paid military training
leave described above. Employees will forward a copy of the activation order,
through their Department Head, to the Village Manager for review when the
order is received.
4. Employees seeking to invoke military leave shall provide advance notice to
the Village unless such notice is precluded by military necessity or otherwise
impossible or unreasonable as interpreted under applicable law.
5. Employees on military leave for periods of more than 30 days shall provide
the Village with such documentation that can be used to establish the
employee's basic eligibility for protection under the Uniformed Services
Employment and Reemployment Rights Act of 1994. If the employee is
unable to provide satisfactory documentation of military service in excess of
30 days, the Village reserves the right to contact the military unit with
assistance from the employee to obtain such documentation.
6. Military health coverage will be activated as soon as members are called to
active duty by the President of the United States.
.J {00048177.21823 - 9704441 } Page 78 of 84
7. To receive the Village insurance benefits after military benefits cease,
employees must contact the Human Resources Director to request coverage
during the unpaid military -leave lag time between military coverage and
returning to Village employment.
C. Induction or Enlistment into Military Service: Any regular full time employee
who enlists or is inducted into the armed services for active duty, shall be granted
a military leave of absence without pay for the initial period of enlistment. All
monies due the employee (i.e., sick, vacation, holiday time, etc.) shall be paid at
the time of his /her leaving Village employment to enter active military service.
D. Health Insurance Benefits:
1. Employees have the right to elect continued health insurance coverage for
themselves and their dependents during periods of military service. For
periods of unpaid leave of up to 30 days of training or military service, the
Village will require employees to pay their share, if any, of the cost of the
coverage.
2. For longer periods of unpaid leave, the Village will charge employees the
entire premium unless otherwise directed by the Village Manager.
E. Reinstatement from Military Service:
1. Upon termination from active military service, an employee who wishes to
return to Village employment shall be eligible for reinstatement or re-
employment within one year after date of separation from the military
service pursuant to Chapter 295, Florida Statutes. An employee requesting
reinstatement with the Village shall submit to a medical examination to
establish the fact that he /she is physically and mentally capable of
performing the duties of his /her position.
2. An employee returning to Village employment in his /her position shall
start at the salary he /she would have received, including all adjustments,
had he /she remained continuously in the service of the Village instead of
entering the armed services. The period of military leave is not considered
a break in employment.
3. If the position vacated by an employee who entered the military service is
reclassified or re- titled during his /her period of military service, such
employee shall be entitled to be reinstated in the new or revised position,
unless the employee is not capable of satisfactorily performing the duties
of the position. If the former position has been abolished or if he /she is
incapable of satisfactorily performing the duties, the employee shall be
entitled to reinstatement in a position as nearly comparable as possible in
salary and duties to the position he /she vacated, providing vacancies exist.
9.3 Sick Leave Reimbursement:
{00048177.2 1823- 9704441 } Page 79 of 84� -�
9.3.1 Purpose: The purpose of the annual sick leave reimbursement policy is to establish
guidelines and criteria by which, eligible employees may submit to the Village a
reimbursement request for certain levels of unused sick leave.
9.3.2 Criteria:
A. This policy is applicable only to those employees not covered by a collective
bargaining agreement.
B. In accordance with Section 9.2.4 "Sick Leave ", an employee can earn one (1) day
of sick leave for each month of employment. This is referred to as sick leave
credits. In the defining and implementation of this policy, all remaining aspects of
Section 9.2.4 remain in effect and take priority over this reimbursement policy.
C. When an employee accumulates four (4) years worth of sick leave credits (i.e. 48
days), they will have achieved the minimum threshold base making them eligible
for reimbursement.
D. Once the employee has reached the base, all hours accumulated above the base
are eligible for reimbursement by the Village.
E. Reimbursement by the Village will be on a 50% basis whereby for every sick day
credit above the base held by the employee the Village will reimburse one -half of
that credit based on the employee's hourly wage rate.
F. The reimbursement will be strictly voluntary at the request of the employee. The
employee can only submit a request once per year during the month of May. The
Village will be obligated to reimburse the employee for its sick leave credit
request no later than November 30 of each year. Where an employee is separated
from employment for any reason after the reimbursement request has been made,
but prior to payment of the reimbursement, any payout to the employee shall be
payable in accordance with Section 9.3.2 H and not based on the unpaid
reimbursement request.
G. Once the employee has received reimbursement for the credit above the base, the
employee no longer possesses those sick leave credits, but loses them due to the
reimbursement of the credit. The base is not applicable to an employee
contributing to a sick leave pool as delineated in Section 9.2.4 E(10) If the
employee contributes sick leave days to a pool, or uses sick leave days for illness
and their overall total days /hours of sick leave drop below the base, they simply
{00048177.2 1823- 9704441 } Page 80 of 84
have to earn sick leave credits back until they meet the base to be eligible for i
reimbursement.
H. In the event an employee retires, dies, or voluntarily terminates from the
employment of the Village, the employee shall receive payment for unused
sick leave time equal to fifty percent (50 %) of the unused accrued sick leave
time, up to a maximum cap of thirty (30) days. Payment for deceased
employees shall be remitted to the estate of the deceased. However, in the
Village's sole discretion, payment may be made directly to the spouse, or if
no spouse, to the child(ren) over 18 years of age, or if no children, to the
employee's father or mother in accordance with Florida Statute 222.15, as
amended from time to time.
9.3.3 Application:
A. 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 in accordance with applicable wage and hour laws.
B. The employee will be required to sign a certificate /affidavit confirming that
the reimbursement for the sick leave credits is final and will not be subject to
the grievance process.
9.4 Unused Vacation Reimbursement:
9.4.1 Purpose: The purpose of the annual vacation leave reimbursement program is to
establish guidelines and criteria by which eligible employees may submit to the
Village a reimbursement request for certain levels of unused vacation.
9.4.2 Criteria:
A. This policy is applicable only to those employees not covered by a collective
bargaining agreement.
B. In accordance with Section 9.2.1 B, regular full -time employees can earn up
to a certain number of days based on their length of service with the Village
for purposes of vacation. In accordance with Section 9.2.1 B(5), the employee
cannot accrue more than two years worth of vacation time.
C. When an employee uses ten (10) days of vacation time (i.e. 80 hours) in the
same year for which he requests reimbursement, he will have achieved the
minimum threshold base for the reimbursement program.
(00048177.2 1823- 9704441 ) Page 81 of 84 I\, -. -_ )
D. Once the employee has reached the minimum threshold base, the employee
C will be eligible for reimbursement by the Village of any unused vacation days.
E. Reimbursement by the Village will be on a 100% (dollar for dollar basis)
whereby for every unused vacation day above the ten days (80 hours), the
employee will be reimbursed at his current hourly rate for each hour /day of
unused vacation time.
F. The reimbursement will be voluntary at the written request of the employee.
The employee can only submit a written request during the month of October,
immediately following the fiscal year for which his request is made. The
Village will be obligated to reimburse the employee for his annual vacation
leave reimbursement request no later than the November 30 following the
fiscal year for which his request is made. Where an employee voluntarily
terminates, retires or dies after the reimbursement request has been made, but
prior to payment of the reimbursement, any payout to the employee shall be
payable in accordance with Section 9.2.1 B(5) and not based on the unpaid
reimbursement request. Employees who are involuntarily terminated after the
reimbursement request has been made, but prior to payment of the
reimbursement, shall not be paid the reimbursement and are not eligible for
payment under Section 9.2.1 B(5).
G. Once the employee has received reimbursement for the unused vacation time
above the minimum threshold base, the employee no longer possesses those
unused vacation days but loses them due to the reimbursement. Any time an
employee's overall total days /hours of vacation time drops below the
minimum threshold base, they become ineligible for reimbursement until such
time as their minimum threshold base has been achieved.
H. The Finance Director will be responsible for establishing a reimbursement
form and accounting for the base vacation days and other data necessary to
financially administer this program.
I. The employee will be required to sign a certification/affidavit confirming
that the reimbursement for the annual vacation leave days /hours is final and
will not be subject to the grievance process.
J. The employee will be reimbursed at the hourly rate earned as of September
30 for the fiscal year for which application was made.
�. {00048177.21823 - 9704441 } Page 82 of 84
EXHIBIT A
{000481772 1823 - 9704441 } Page 83 of 84
Last Name
First Name
9.30.14
Recurring
Hourly
y
Rate
9.30.14
Recurring
Annual Salary
Percent
Increase
(2%,4%,
�
5 %, 7 %)
10/1/14
Hourly
Rate
10/1/2014
Salary
ADAMS
JULIET
$32.01
$79,896.73
4%
$33.29
$83,092.60
FRESEMAN
SCOTT
$32.01
$79,896.73
4%
$33.29
$83,092.60
GIARRUSSO
ANTHONY
$32.01
$79,896.73
4%
$33.29
$83,092.60
PICARD
WILLIAM
$26.01
$64,909.51
2%
$26.53
$66,207.70
WALDEN
MARIA
$22.08
$55,122.41
7%
$23.63
$58,980.98
MALONEY
KEVIN
$23.19
$57,878.53
5%
$24.35
$60,772.46
MOELLER
RYAN
$23.19
$57,878.53
5%
$24.35
$60,772.46
ABDUL
JOHN
$25.57
$63,811.08
4%
$26.59
$66,363.52
HOBBS
MICHAEL
$24.35
$60,772.46
5%
$25.57
$63,811.08
MC INNES
ADAM
$24.35
$60,772.46
5%
$25.57
$63,811.08
JENSEN
ERIK
$25.57
$63,818.08
4%
$26.59
$66,370.80
BRANDT
STEVEN
$27.65
$69,018.07
4%
$28.76
$71,778.79
HETZEL
ROBERT
$26.59
$66,363.34
4%
$27.65
$69,017.87
APFEL
AMANDA
$27.65
$69,018.07
4%
$28.76
$71,778.79
SMITH
WILLIAM
$27.65
$69,018.07
4%
$28.76
$71,778.79
STONE
JACOB
$27.65
$69,018.07
4%
$28.76
$71,778.79
GONZALEZ
VICTOR
$29.04
$72,483.15
2%
$29.62
$73,932.81
MILITELLO
JOSEPH
$29.04
$72,483.15
2%
$29.62
$73,932.81
WINEWSKI
FRANK 1
$29.041
$72,483.15
2%
$29.62
$73,932.81
BUSCH
DANIEL 1
-$20.981
$52,364.71
4%
$21.821
$54,459.30
VACCARO
FRED 1
$19.791
$49,400.66
4%
$20,581
$51,376.69
{000481772 1823 - 9704441 } Page 83 of 84