R2018-22 PBA Collective Bargaining AgreementRESOLUTION 2018-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE POLICE
BENEVOLENT ASSOCIATION OF PALM BEACH COUNTY, 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 Police
Benevolent Association of Palm Beach County, Inc. ("PBA") expired on September 30, 2016; and
WHEREAS, the Village and the PBA have negotiated a new two-year Collective Bargaining
Agreement 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 Police Benevolent Association of Palm Beach County, 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. The Agreement shall
be effective upon ratification and shall expire on September 30, 2018.
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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to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 8TH DAY OF MARCH, 2018.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
FOR
THE PATROL, DETECTIVES, DETECTIVE SERGEANTS, SERGEANTS, DISPATCHERS
AND RECORDS CLERKS BARGAINING UNIT
2016-2018
(00216164.5 1823-9704441)
TABLE OF CONTENTS
ARTICLE 1. PREAMBLE
ARTICLE 2. ASSOCIATION RECOGNITION BARGAINING UNIT
ARTICLE 3. DISCRIMINATION
ARTICLE 4. VALIDITY
ARTICLE 5. WORKER'S COMPENSATION
ARTICLE 6. INSURANCE
ARTICLE 7. NO STRIKES - NO LOCKOUTS
ARTICLE 8. FAMILY MEDICAL LEAVE
ARTICLE 9. PAID BEREAVEMENT LEAVE
ARTICLE 10. MILITARY LEAVE
ARTICLE 11. SICK LEAVE
ARTICLE 12. COURT APPEARANCES
ARTICLE 13. MANAGEMENT RIGHTS
ARTICLE 14. SENIORITY
ARTICLE 15. PAID VACATIONS
ARTICLE 16. PAID HOLIDAYS
ARTICLE 17. GRIEVANCE PROCEDURE / ARBITRATION
ARTICLE 18. DISCIPLINARY APPEALS
ARTICLE 19. ASSOCIATION ACTIVITIES
ARTICLE 20. RULES, REGULATIONS, DIRECTIVES
ARTICLE 21. BULLETIN BOARD
ARTICLE 22. SCHEDULED HOURS OVERTIME PAY
ARTICLE 23. COMPENSATORY TIME
ARTICLE 24. PUBLIC SAFETY CONTINUING EDUCATION
ARTICLE 25. WORK ASSIGNMENT OUT OF GRADE
ARTICLE 26. MEDICAL EXAMINATIONS
ARTICLE 27. UNIFORM AND CLOTHING ALLOWANCE
ARTICLE 28. VEHICLES AND EQUIPMENT
ARTICLE 29. PERSONNEL FILES - COMPLAINTS
ARTICLE 30. PROCEDURAL RIGHTS
ARTICLE 31. WAGES
ARTICLE 32. LONGEVITY BONUS
ARTICLE 33 PENSION
ARTICLE 34 TRAINING
ARTICLE 35. PROBATIONARY EMPLOYEES
ARTICLE 36. ENTIRE AGREEMENT
ARTICLE 37. DURATION
APPROVAL
SIGNATURE PAGE
EXHIBIT A (Hybrid Step/Performance Plan)
{00216164.5 1823-97044411
2
ARTICLE 1
PREAMBLE
This Agreement is between THE VILLAGE OF NORTH PALM BEACH, a municipal
organization, hereinafter referred to as "VILLAGE" and the PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION, hereinafter referred to as "ASSOCIATION", for the purposes
of promoting harmonious relations between the two parties, to establish an orderly and peaceful
procedure for settling differences which may arise, and to set forth the basic and full Agreement
between the parties concerning wages, rates of pay, fringe benefits and other conditions of
employment.
The Village and the PBA have been engaged in protracted negotiations regarding a successor
Agreement to the 2013-2016 Agreement. The 2013-2016 Agreement expired 9/30/2016. During
the extended negotiations the parties have been unable to reach agreement on proposals
advanced by the Village and the PBA and have now agreed to extend the basis terms of the
2013-2016 Agreement until September 30, 2018, except as hereinafter set forth. This
Agreement, is for the term commencing 10/1/2016 and ending 9/30/2018 and is intended to fill
the contract void following expiration of the 2013-2016 Agreement and to allow for wage
increases which have been frozen during the extended period of negotiations.
{00216164.51823-9704441}
3
ARTICLE 2
UNION RECOGNITION BARGAINING UNIT
1. The VILLAGE recognizes the ASSOCIATION as the certified bargaining agent for the
regular full-time employees designated as patrolmen, detectives, detectives -sergeants, sergeants,
police dispatcher and public safety (records) clerk dispatcher, as indicated in PERC Order
No.89E -334 issued on November 8, 1989 or as modified by PERC.
2. The term "employee" in this Agreement means those individuals employed by the Village
in positions represented by the ASSOCIATION regardless of membership in the
ASSOCIATION.
{00216164.51823-9704441}
ARTICLE 3
RESERVED
{00216164.5 1823-9704441}
ARTICLE 4
VALIDITY
If any non -monetary provision of this Agreement shall be held invalid, the remainder of this
Agreement shall not be affected thereby. In the event a monetary provision of this Agreement is
held invalid, the parties, at the request of either party, shall meet as soon a practicable and reopen
negotiations of the monetary provisions of this Agreement.
{00216164.51823-9704441}
ARTICLE 5
WORKER'S COMPENSATION
1. The VILLAGE will carry Worker's Compensation coverage for all employees covered by
this Agreement in accordance with the law.
2. No benefits or payment under this Article shall be made where the disability is self-
inflicted, or the disability continues as a result of the employee's failure to fully cooperate with
medical advice or corrective therapy, or where drugs/alcohol are present at the time of the injury.
3. For purposes of this benefit, the term injury means: "personal injury by accident arising
out of and in the course of employment, and such diseases or infection as naturally or
unavoidably result from such injury. In the event of an injury determined to be compensable
under the provisions of the Workers' Compensation Act for a regular full-time employee, the
employee will be carried at full pay less any workers' compensation benefits for ninety (90) days
from date of injury. In order to be considered for this supplemental pay benefit, the following
conditions must be met:
A. The employee must provide written testimony of evidence that his injury was received
while on duty and in the performance of duty. An injury received while the employee is
attending a department approved training program shall be considered a line of duty injury.
B. Any employee who has a claim for compensation because of an injury on the job as
described above shall file a claim, on the form provided by the VILLAGE, with the Director of
Public Safety.
C. Any employee who is able to return to work after a job related injury shall be reinstated
to his former job, provided he is qualified to perform all of the duties and responsibilities of his
previous position and is certified by a medical doctor prior to the employee returning to work.
The VILLAGE may require confirmation of fitness to return to work.
D. If he is unable to assume his former responsibilities, the employee shall have first
preference to fill another VILLAGE Public Safety position, if a vacancy occurs, and the
employee qualifies for such position.
E. Nothing herein shall require the VILLAGE to create a light duty position when there is
no operational or fiscal justification for its creation.
F. An employee must report an on the job injury immediately following the first symptoms
of injury.
An accident constitutes grounds for reasonable suspicion drug testing.
{00216164.5 1823-9704441}
7
ARTICLE 6
INSURANCE
The VILLAGE will provide health and dental insurance to bargaining unit members and their
dependants under the Village health and dental program at the same levels of benefit and rates
established by the Village Council for non -bargaining unit employees of the Village. In the event
the VILLAGE agrees to provide more beneficial coverage or rates to any other bargaining unit in
the Village, the more beneficial coverage and rates will be provided to bargaining unit members
covered by this Collective Bargaining Agreement.
It will be the responsibility of the employee to notify the VILLAGE in writing within thirty days
in the event that dependant 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/her dependant insurance coverage
premium from the date of the status change.
Short Term Disability Insurance — The VILLAGE'S current Short Term Disability Coverage
shall be discontinued for PBA union -eligible employees.
Long Term Disability Insurance — The VILLAGE'S current Long Term Disability Program shall
be discontinued for PBA union -eligible employees.
Life Insurance — The VILLAGE life insurance program for PBA union -eligible employees shall
be a level equivalent to the maximum level allowed by IRS regulations before imputing added
employee compensation ($50,000, or $25,000 after the age of 70).
{00216164.51823-9704441}
ARTICLE 7
Reserved
{00216164.5 1823-9704441}
ARTICLE 8
FAMILY MEDICAL LEAVE
1. Eligible employee's may take up to twelve (12) work weeks of unpaid leave in
accordance with the Family and Medical Leave Act (FMLA), as amended from time to time.
2. All employee requests for FMLA leave must be in writing and shall include an
explanation of the reasons for the leave.. The employee's written notice shall not be effective
unless delivered by the employee, or the employee's representative, to the Village Human
Resource Director. The employee's notice shall be delivered no less than 3o days prior to the
need to take leave when the need is foreseeable.
3. Employees must use accrued paid time (excluding Sick Leave) prior to using FMLA
leave.
4. FMLA leave shall run concurrently with paid leave, leave taken in conjunction with
disability, and absence from work due to worker's compensation illness or injury.
5. Prior to a return to work from FMLA leave taken as the result of illness or injury, the
Village may require an employee to submit to and obtain a fitness for duty evaluation.
{00216164.51823-9704441}
10
ARTICLE 9
PAID BEREAVEMENT LEAVE
1. The VILLAGE agrees that when a death is imminent or occurs in the family, (family as
herein defined): father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-
in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, spouse's grandparents, foster
parent, nephew, niece, aunt, uncle, first cousin, step -father, stepmother, 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 twelve (12) hour days, shall be allowed three (3), twelve (12)
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.
{00216164.5 1823-97044411
11
ARTICLE 10
MILITARY LEAVE
1. Employees who are members of the U.S. Armed Forces Reserves or the National Guard
will be granted leave in accordance with state and federal law, including travel time, for the
purpose of attending annual active duty for training.
2. A copy of employee's Military Orders shall be forwarded to the Director or VILLAGE
Manager prior to taking military leave.
{00216164.5 1823-9704441}
12
ARTICLE 11
SICK LEAVE
1. Sick leave will be paid when the employee is absent from duty due to the following
reasons:
a. An employee's injury or illness or necessary medical treatment which precludes him or
her from reporting for duty;
b. Any injury, illness or necessary medical treatment of an employee's spouse, child, step-
child or parent who resides in the employee's home which requires the employee's help to care
for him or her or to obtain the necessary medical treatment.
2. The employee will certify on the appropriate Personnel Action Form upon his or her
return to duty that he or she was not able to report for duty due to one of the above reasons.
3. Notwithstanding a change in work schedules from eight (8) hour shifts to twelve (12)
hour shifts, employees working the twelve (12) hour shift accrue ninety-six (96) hours of sick
leave per year, provided the ninety-six (96) hours will now accrue at the rate of eight (8) hours
sick leave per month.
Sick Leave Incentive Award Program — Regular full-time (non -probationary) PBA union
employees who do not use any sick leave within any continuous six-month (6) period are eligible
to earn eight (8) hours annual leave time as incentive for not using sick leave.
4. Sick leave may be accumulated with no maximum. Any employee with less than seven
(7) years of service to the VILLAGE who voluntarily terminates employment, or who retires or
dies while in the service of the VILLAGE, shall receive payment equal to fifty percent (50%) of
up to a maximum of sixty (60) unused accrued sick leave days (which equals a maximum of
thirty (30) days payment). Employees with seven (7) or more years of service to the VILLAGE
shall receive payment equal to seventy-five percent (75%). A deceased employee's pay for sick
leave shall be paid to the estate of the decedent.
5. Sick Leave Reimbursement
A. Employees who have accrued forty eight (48) days of sick leave ("minimum base") may
request reimbursement for sick leave accrued over the minimum base. Reimbursement by the
VILLAGE will be on a 50% basis for every sick day above the minimum. Sick leave days will
be converted to eight (8) hour days before pay out.
(00216164.51823-9704441}
13
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.
6. An employee who has been declared either physically or mentally unfit for duty by a
doctor approved by the VILLAGE, when ordered for a fitness for duty exam by the VILLAGE,
shall be required to use accrued sick leave while out of work on medical leave. An employee
may challenge a determination that he or she is unfit for duty by providing a medical report from
his or her physician. In the event of a conflict of opinions a third doctor's opinion shall be
controlling. The third doctor shall be selected and paid for by the VILLAGE.
7. An employee is responsible for the appropriate use of sick leave.
{00216164.51823-9704441}
14
ARTICLE 12
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. An employee who is required to appear in court or at a deposition during nonworking
hours shall receive 3 hours payment at one and one half times their regular rate of pay.
B. For the purposes of this article and subsection, each additional court appearance
separated from the employee's previous court appearance by a period of more than sixty (60)
minutes qualifies for compensation as described above. The sixty (60) minute time period is
calculated from the time the employee is released by the court until the time stated on the next
subsequent subpoena.
C. For the purposes of this article and subsection, compensable time shall begin thirty (30)
minutes prior to the scheduled appearance time set by the subpoena to compensate the employee
for the time necessary to obtain and return documentation/evidence for court appearances or
depositions.
D. Witness fee shall be retained by the officer
2. Members who are required to attend a judicial matter arising from performance of his/her
duties shall give notice to the Police 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.
{00216164.51823-9704441 }
15
ARTICLE 13
MANAGEMENT RIGHTS
1. It is recognized and agreed that, except as specifically stated herein, the VILLAGE
retains whatever rights and authority it possessed prior to entering into this Agreement, including
but not limited to the right to operate and direct the affairs of the VILLAGE and its Public Safety
Department in all its various aspects; to direct the working forces; to plan, direct, and control the
operations and services of the Department; to determine methods, means, organization and
personnel by which such operations and services are to.be conducted; to assign and transfer
employees; to schedule the working hours; to hire and promote; to demote, suspend, discipline,
or discharge for just cause; to relieve employees for lack of work or for other legitimate reasons;
to make, establish, and enforce rules and regulations; and to change or eliminate existing
methods, equipment, or facilities (provided, however; that such actions are not inconsistent with
the terms of this Agreement) .
2. The ASSOCIATION and the VILLAGE recognize that the residents of North Palm
Beach are entitled to receive services at the highest possible level, subject to budget constraints.
Therefore, the ASSOCIATION pledges that it will encourage employees to increase their
productivity and raise their individual level of service in order to provide and maintain the
delivery of services at the highest possible level.
3. The ASSOCIATION agrees that all employees covered under this Agreement shall
comply with all Village Personnel Rules and Regulations and the Department of Public Safety
Policies and Procedures Manual, as amended from time to time, including those relating to
conduct and work performance.
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.
6. All references to "Village Manager" means the Village Manager or his designee.
{00216164.5 1823-9704441}
16
ARTICLE 14
SENIORITY
1. Seniority shall be defined as length of service in position (i.e. sergeant) with the
VILLAGE Public Safety Department.
2. Seniority will govern selection of vacation schedules and preference in working overtime,
provided the Police Chief has the final authority to over -ride seniority for extraordinary
operation reasons and his decision in that regard is not grievable. When the Police Chief over-
rides a request based on seniority, he shall inform the requesting party in writing of the basis of
his decision.
3. When the Department requires overtime work to fill a vacancy, the overtime assignment
shall first be offered to an employee who is already on duty. If no employee on duty is able or
qualified to work the overtime assignment, off duty personnel will be called. In either
circumstance the overtime assignment shall be offered on the basis of seniority, using an
"overtime wheel. The overtime wheel shall function to identify employees in order of seniority
with the Public Safety Department.
4. Scheduled overtime shall be distributed to all qualified employees who wish to
participate on an overtime wheel. If an employee refuses his or her turn on the wheel, he or she
will be charged as if he or she had worked and will go to the bottom of the overtime eligibility
list. With each opportunity to work overtime, only one employee may pass on the opportunity to
work the overtime assignment. When an employee passes, the next employee on the list may be
ordered to work the overtime assignment.
5. Where a promotional opportunity shall occur and two or more employees are under
consideration, the Director shall give due consideration to seniority and qualifications.
6. In the event of a layoff, an employee may displace the employee with lesser seniority in a
lower classification provided the employee has prior service in said lower classification and
provided further that the following factors are substantially equal:
a. Sufficient ability and qualifications to perform the work.
b. Performance evaluation.
C. Physical condition and job attitude.
7. In the event of substantial inequality of these factors as between employees in the same
classification and department, the employee with the higher values of factors A, B, and C in the
aggregate, shall be retained.
8. An employee shall be recalled for a period of one year following layoff in inverse order
of layoff.
{00216164.51823-9704441}
17
9. An employee shall lose his seniority as a result of the following:
a. Termination
b. Retirement
C. Voluntary resignation
d. Layoff exceeding six (6) months
e. Failure to report to the Village Manager, or his designee, intention of returning to work
within three (3) days of receipt of recall, as verified by certified mail, return receipt.
f. Failure to return from military leave within the time limits prescribed by law.
g. Failure to return from an authorized leave of absence upon the expiration of such leave.
10. Seniority shall continue to accrue during all types of leave approved by the VILLAGE.
{00216164.51823-9704441}
18
ARTICLE 15
PAID VACATIONS
1. Vacation days accrue but may not be taken during the first year of service. Exceptions to
this general rule may be made by the Police Chief at his discretion. All personnel who have
completed 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 DAYS OF VACATION
Less than six (6) years
80 hours
Six (6) but less than ten (10) years 120 hours
Ten (10) years and over 160 hours
2. Vacation, sick leave, or any other paid leave, shall be included in the computation of the
one year of required full service.
3. All employees may select, once annually in January, vacations. Initial selection of
vacations will be by seniority within the classification. If a bargaining unit member chooses to
change the vacation selection, he must then wait until the vacation' list passes through all other
remaining members of the classification, at which time he or she shall then be eligible to change
the selection.
4. In the event a paid holiday should occur during an employee's vacation period, the
employee shall receive an additional duty day off with pay. Employment terminated without
cause, or by layoff, or by retirement, illness or injury shall not affect payment of earned vacation
time. An employee shall not lose his vacation with pay, if incapacitated due to an injury or
illness incurred in the line of duty. The vacation time shall be reassigned upon return to duty.
5. If employment is terminated by death, the estate of the employee shall receive payment
for the earned vacation days.
6. Vacation days shall be credited and reported per pay period, to indicate hours accrued
less hours taken, reflecting net vacation hours available per pay period.
7. The maximum number of vacation days an employee may accrue is the unused days
accrued during the employee's previous two (2) 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.
{00216164.5 1823-9704441}
19
8. 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."
{00216164.51823-9704441}
20
ARTICLE 16
PAID HOLIDAYS
1. The following days shall be considered paid holidays, and all employees will receive pay
for these days even if they do not work:
New Year's Day
Memorial Day
Independence Day
Labor Day
Martin Luther King Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving Day
Christmas Eve
Christmas Day
President's Day
2. In the event an employee does work on any of the above named holidays, the employee
shall be paid eight (8) hours of straight time compensation, plus the regular rate of pay for all
hours actually worked. Paid holidays can be converted to eight (8) hours of compensatory time.
3. If a holiday occurs when an employee is absent from work on paid leave under this
collective bargaining agreement or other personnel rules, regulations or departmental directives,
the employee shall be paid eight (8) hours for the holiday at his/her regular rate of pay.
4. Except for absence due to the instances cited above, holiday payment is subject to the
employee working his/her regularly scheduled shift on the day prior to the holiday and his/her
regular scheduled shift on the day following the holiday. An employee entitled to overtime
compensation may receive compensatory time off in lieu of pay at straight time for holidays.
5. In the event an employee calls out sick for all or any portion of the holidays identified in
section 1, and in the event such use of sick leave causes the Village to hire another employee at
the overtime rate, the employee utilizing sick leave on the holiday shall be charged sick leave at
the rate of one and one-half (1.5) hours for each one (1) hour of sick leave used. Employees
under in-patient care or who are indisputably sick shall not be subject to this provision.
{00216164.51823-9704441}
21
ARTICLE 17
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
18.
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.
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 employee's choice, 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. 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 Police Chief or his designee. The Police Chief shall, within ten (10)
calendar days after the receipt of the formal written grievance, render his decision on the
grievance in writing. The Police Chief shall reply in writing within ten (10) calendar days of
receipt of the grievance. Failure by the Police Chief to reply within the time period shall be held
to be an approval of the grievance and the remedy sought.
Step 3: In the event that the employee is not satisfied with the disposition of the grievance by the
Police Chief at Step 2 he/she shall have the right to submit the grievance to the Village Manager
{00216164.5 1823-9704441)
22
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
fails 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 ASSOCIATION and the
VILLAGE, it shall be presented directly at Step 3 of the grievance procedure, within the time
limit provided for the submission of the grievance at Step 2, and signed by the aggrieved
employees or the ASSOCIATION representative on their behalf.
5. In the event a grievance processed through the grievance procedure has not been resolved
at Step 3 above, the ASSOCIATION 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.
8. The time limits contained herein are to be strictly adhered to and may only be extended
by written agreement between the parties.
{00216164.5 1823-9704441}
23
9. The VILLAGE and the ASSOCIATION shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator,
thereafter, shall confine his decision to the particular grievance thus specified. In the event the
parties fail to agree on the statement of the grievance to be submitted to the 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 ASSOCIATION representative will be furnished with a copy of each grievance filed
by an employee within the bargaining unit.
15. Employees may request to have an ASSOCIATION representative present at any step of
the grievance procedure.
16. The ASSOCIATION will not be required to process the grievance of non-members. The
ASSOCIATION will not be responsible for grievances proceeding to arbitration without being
first notified by the VILLAGE in writing (and with a copy of the grievance) by the VILLAGE in
a timely manner. The ASSOCIATION representative will have his/her name, address and all
contact numbers on file with the VILLAGE.
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
{00216164.5 1823-9704441}
24
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 ASSOCIATION of such within ten (10) days of receipt of the ASSOCIATION 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 (15) 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.
{00216164.5 1823-9704441}
25
ARTICLE 18
DISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
1. An employee who wishes to challenge any disciplinary action shall file a notice of appeal
to the Police Chief within ten (10) calendar days of notice of the disciplinary action. When an
employee has received a written counseling, the employee may, within ten (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 Police Chief or his designee shall have ten (1'0)
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 Police Chief to respond within ten (10)
calendar days shall constitute a determination that the discipline is sustained.
3. An employee who is not satisfied with the Police Chiefs 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 ASSOCIATION may appeal a discipline greater than an eight (8) hour suspension
without pay to arbitration using the same procedure for appointment of an arbitrator as set forth
in Article 17 above. The request for appointment of an arbitrator must be made to the Village
Manager in writing within ten (10) calendar days of the Village Manager's decision. The
decision of the arbitrator shall be made within thirty (30) days following the conclusion of the
hearing or the deadline for closing briefs, whichever is later. The arbitrator may sustain, reverse,
or modify the discipline which was set by the Village Manager. The decision of the Arbitrator is
final and binding on the parties.
5. No employee shall be subject to a disciplinary suspension of more than sixteen (16)
hours, disciplinary demotion, or termination 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.
6. In addition to a disciplinary demotion, the Village may demote an employee for
insufficient performance provided the employee is first placed on a performance improvement
plan and thereafter does not achieve all of the performance goals identified by the Village. A
performance based demotion is not subject to a just cause standard and may not be challenged or
{00216164.5 1823-9704441}
26
appealed beyond the Village Manager. Prior to placing an employee on a performance
improvement plan an employee's supervisor and the Police Chief shall meet the employee to
discuss specific performance improvement goals. The performance improvement plan shall
immediately thereafter be in effect for a period of ninety (90) days, with follow-up meetings with
the employee at the forty-five (45) day and sixty (60) day mark. If the goals have not been
achieved by the employee the Police Chief may implement non -disciplinary demotion of the
employee.
(00216164.51823-9704441)
27
ARTICLE 19
ASSOCIATION ACTIVITIES
1. An employee shall have the right to join or not join the ASSOCIATION, to engage in
lawful concerted activity for the purpose of collective 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 ASSOCIATION
representation, all actions to be free from any and all restraint, coercion, discrimination or
reprisal by the VILLAGE or the ASSOCIATION.
2. ASSOCIATION officials and/or members, no more than two (2), shall be granted
reasonable time during working hours, without loss of pay, to negotiate with the representatives
of the VILLAGE.
3. Reasonable time shall be granted for the processing of grievances with a duly designated
representative of the ASSOCIATION during working hours. The VILLAGE, in its discretion,
may stop the use of such time off if it interferes with productivity or manpower needs. However,
the exercise of such right on the VILLAGE'S part shall not be arbitrary or capricious, nor shall it
allow the VILLAGE to proceed in a manner which deprives the employee of his or her right of
representation. An ASSOCIATION 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
ASSOCIATION representatives.
5. ASSOCIATION representatives shall be permitted to wear ASSOCIATION insignia
while on duty. Said insignia shall be approved by the Police Chief or his designee.
{00216164.51823-9704441}
28
ARTICLE 20
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
ASSOCIATION no less than fourteen (14) days prior to implementation.
2. Nothing in this Article shall be construed as a waiver of the ASSOCIATION's right to
bargain over the impact of any rule change which has the practical effect of altering the terms
and conditions of employment, as established in this Agreement. Such a request for bargaining
must be received within seven (7) days after notification to the ASSOCIATION by the
VILLAGE of the implementation of a rule change.
(00216164.5 1823-9704441)
IM
ARTICLE 21
BULLETIN BOARD
1. The ASSOCIATION will provide a serviceable bulletin board for its use. All materials
posted must be signed by an official of the ASSOCIATION and a copy given to the Director.
The VILLAGE agrees to furnish space for the bulletin board.
2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials
or supervisory personnel.
{00216164.5 1823-9704441}
30
ARTICLE 22
SCHEDULED HOURS OVERTIME PAY
2. The VILLAGE has the right to change work/shift schedules, work cycles, and starting
times during the term of this Agreement subject to the following:
A. The work cycle shall not exceed twenty-eight (28) days. The hours of work within the
established work cycle shall be 6.1 (rounded) hours per day and as set forth in 29 C.F.R. section
553.230. Hours worked in excess of the maximum hours provided by the referenced regulation
shall be paid at time and one-half the employee's regular rate of pay.
B. The VILLAGE shall provide the ASSOCIATION with no less than thirty (30) days
written notice of its intent to alter departmental work/shift schedules, work cycles, and starting
times. The notice shall include a proposed date of implementation.
C. The ASSOCIATION may request impact bargaining over the proposed change.
D. If the ASSOCIATION requests impact bargaining, the implementation date shall be
delayed thirty (30) days and the parties shall meet as soon as possible and engage in good faith
bargaining over the impact issues identified by the ASSOCIATION.
3. Time off for a meal period shall not exceed one (1) hour.
4. For purposes of computing overtime pay, all authorized paid leave, except sick -leave,
shall be considered time worked.
5. Employees assigned to "standby" will be paid a minimum of one (t) hour 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 emergency duty.
6. Employees may exchange hours subject to the approval of the Police Chief or his
designee providing such exchanges do not result in overtime.
7. The VILLAGE retains the right to make changes in schedules when extenuating
circumstances such as hurricanes or other states of emergencies dictate.
8. An employee who is directed to report for work during a declared civil emergency, and
fails to do so is subject to being disciplined, up to and including termination.
{00216164.5 1823-97044411
31
ARTICLE 23
RESERVED
{00216164.51823-9704441}
32
ARTICLE 24
PUBLIC SAFETY RELATED EDUCATION
1. Bargaining Unit Employees are eligible to participate in the Village educational assistance
program.
2. In order to qualify for reimbursement under the VILLAGE'S program, all courses to be taken
must be prior approved by the Police Chief and the Village Manager.
3. Any and all continuing education will be done on the employee's own time.
4. The VILLAGE will participate in the State of Florida educational degree incentive program.
{00216164.5 1823-9704441}
33
ARTICLE 25
WORK ASSIGNMENT OUT OF GRADE
1. An employee who is required to temporarily accept responsibility and carry out the duties
of a rank higher than which he or she normally holds, for a full shift shall be paid five percent
(5%) above the individual's present base rate for that position while so engaged.
2. An employee assigned to a rank which carries a rate of pay higher than the permanent
rate of the assignee shall in the event of injury, illness, or death incurred while in the
performance of service be compensated at the level of payment and benefits for the employee's
permanent rank and not the assigned rank.
{00216164.5 1823-9704441}
34
ARTICLE 26
MEDICAL EXAMINATIONS
1. In those situations where the VILLAGE requires a medical examination, the entire cost
shall be borne by the VILLAGE. The VILLAGE agrees to provide those vaccinations and
examinations as required by section 112.181, Florida Statutes.
2. The foregoing shall not be construed to prohibit the VILLAGE from ordering an
employee to undergo an examination to determine physical or psychological 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 Police 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.
{00216164.51823-9704441}
35
ARTICLE 27
UNIFORM AND CLOTHING ALLOWANCE
2. An eighty-five ($85.00) dollar monthly allowance shall be paid to all uniformed members
of the bargaining unit for the repair and cleaning of clothing used in the performance of duty.
Plain clothed employees will receive an annual lump sum of $500.00, prorated to time assigned,
for the purchase of work clothing.
3. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE
at no cost to the employee.
4. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while in
the course of duty will be paid by the VILLAGE at a cost not to exceed one hundred ($100.00)
dollars per item.
5. A shoe allowance of seventy-five ($75.00) dollars per year shall be paid to all bargaining
unit members during the first pay period in October.
6. Road Patrol and dispatchers shall be issued three (3) shirts and three (3) pair of pants
annually.
{00216164.51823-9704441}
36
ARTICLE 28
VEHICLES AND EQUIPMENT
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 IRS rate prevailing at the time of use. VILLAGE vehicle use shall be covered by the
VILLAGE'S adopted "Village Vehicle and Take Home Vehicle Policy."
{00216164.5 1823-9704441}
37
ARTICLE 29
PERSONNEL FILES - COMPLAINTS
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.
{00216164.5 1823-9704441}
38
ARTICLE 30
RESERVED
{00216164.5 1823-9704441}
39
ARTICLE 31
WAGES
Section 1.
Effective 10/1/13 the Hybrid Step/Performance Matrix was implemented.
Employee movement in the Matrix was frozen on 9/30/2016 pursuant to Article 37, section 2 of
the 2013-16 Agreement.
No later than the third pay period following ratification of this 2016-18 Agreement, each
bargaining unit employee employed at time of ratification and who is eligible will move up in the
Matrix based on the individual employees most recent performance scores that occurred during
evaluation periods in which the Matrix was frozen, retroactive to October 1, 2016.
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 limp sum payments and shall
be treated as salary for pension calculation purposes.
The minimum rate established for the bargaining unit positions in the VILLAGE pay plan, shall
be paid upon employment to "new hire" employees, except that an amount above the minimum
rate may be paid when the rate is approved by the VILLAGE Manager following a written
justification from the Police Chief. Approval will be based on the exceptional qualifications of
the appointee or the inability to employ adequate personnel at the minimum rate. The Police
Chief shall address in his justification the rate of pay of current members of the department who
have comparable years of service as the proposed appointee.
Assignment pay for each member assigned by the Police Chief to Field Training Officers,
Detectives, Communications Training Officers, Crime Scene Technician/Evidence Custodian,
Motor, K9, Marine Patrol and Night Shift will be 5% annually, prorated to time assigned as those
units above.
Assignments are discretionary temporary appointments by the Police Chief. The appointment to
or removal from an assignment is not subject to grievance or appeal.
{00216164.51823-9704441}
40
ARTICLE 32
RESERVED
{00216164.5 1823-9704441}
41
ARTICLE 33
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.
2. The employee contribution for police participating in the Retirement Fund shall increase
from 2% to 4% of covered earnings, increasing incrementally by .67 % a year over a period
of three years.
3. The definition of "Earnings" will include up to 300 hours of overtime compensation.
4. Each employee who is a member of the Board of Trustees of the Village of North Palm
Beach Fire and Police Retirement Fund shall be granted twenty four (24) hours of
administrative leave with pay each calendar year in order to allow the employee to attend
educational seminars or conferences related to the performance of his or her duties as a
trustee or pension benefits or issues.
5. The VILLAGE shall match bargaining unit employee contributions to a VILLAGE approved
Chapter 457 Deferred Compensation Plan at a rate fifty cents ($0.50) for every one dollar
($1.00) contributed to such plan up to a maximum of sixty ($60) dollars per month ($720
annually) to be contributed by the VILLAGE on behalf of each bargaining unit employee.
6. The ordinance establishing the Village of North Palm Beach Fire and Police Retirement
Fund, as codified in Chapter 2, Article V, Division 4 of the Code of Ordinances of the
Village of North Palm Beach, shall be amended in a manner to be determined by the Board
of Trustees of the Retirement Fund so as to create a supplemental benefit plan as required by
Chapter 185.35 Florida Statutes. At this time the parties acknowledge that such
supplemental/share plan will not be funded because the parties mutually consent, in
accordance with Section 185.35, Florida Statues to continue to utilize monies received
pursuant Chapter 185 Florida Statutes, (referring to state premium tax collections on property
and casualty insurance policies) in the same manner as such monies were utilized at the time
of implementation of this Agreement. The terms of participation in the supplemental/share
plan shall be bargained by the parties at the time, if ever, that the supplemental/ share plan is
to be funded. The Village and the PBA shall execute whatever documents are necessary to
certify to the State of Florida that the parties have mutually consented to maintain the status
quo with regard to the use of the monies received pursuant to Chapter 185.
{00216164.5 1823-9704441)
42
ARTICLE 34
TRAINING
1. The VILLAGE agrees to provide one week's advance notice for any training scheduled
for weekends.
2. Any training beyond Dade, Broward, Martin, St. Lucie, and Palm Beach County will
allow for an overnight stay paid for by the VILLAGE. When training in Dade County involves a
two day class the night between the training days will allow for an overnight stay paid for by the
VILLAGE.
{00216164.5 1823-9704441}
43
ARTICLE 35
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 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 Police 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.
{00216164.51823-9704441}
44
ARTICLE 36
ENTIRE AGREEMENT
1. The VILLAGE and the ASSOCIATION acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject matter not removed by law from the area of collective
bargaining, and that the understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth and solely embodied in this Agreement. The
VILLAGE and the ASSOCIATION agree that all negotiable items that should or could have
been discussed, were discussed; therefore, neither party shall be obligated to negotiate or bargain
collectively with respect to any subject or matter, whether referred to herein or not, except as
otherwise specifically required in this Agreement, even though such subjects or matters may not
have been within the knowledge or contemplation of either or both of the parties at the time they
negotiated or signed this Agreement.
2. Therefore, this Agreement contains the entire contract, understandings, undertaking and
agreement of the parties hereto and finally determines and settles all matters of collective
bargaining for and during its term.
3. In the event of a conflict between this agreement and any collateral document, the terms
of this agreement shall control.
{00216164.51823-9704441}
45
ARTICLE 37
DURATION
1. This Agreement shall be effective from date of ratification and shall remain in full force
and effect until 30th day of September2018.
2. No base wage increase (referring to hybrid step plan increase) or cost of living
adjustment shall be paid beyond September 30, 2019 except as provided in a successor
Agreement or a subsequent Memorandum of Understanding as may be negotiated and ratified
by the parties.
If the Village and the PBA have not reached and ratified an Agreement for a successor
Agreement to this 2016-18 Agreement by September 30, 2019, movement in the hybrid step plan
will be suspended and compensation frozen at September 30, 2019 levels, subject to subsequent
collective bargaining.
3. The VILLAGE and the PBA agree to commence bargaining for a successor agreement on
or about June 30th, 2018.
{00216164.5 1823-9704441}
46
APPROVAL
Pursuant to Florida Statute 447.309, the VILLAGE'S Chief Executive Officer and the
ASSOCIATION'S Bargaining Agent hereby confirm that the foregoing represents the Collective
Bargaining Agreement reached by the negotiators through bargaining.
This Agreement shall not be binding on the VILLAGE until it has been ratified by the Village
Council and by the employees who are members of the bargaining unit.
(signed pre -ratification per FS 447.309)
THE VILLAGE OF NORTH PALM BEACH
By:
Village Manager
Dated:
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
CIA
Dated: Slt6M
(post ratification)
THE VILLAGE OF NORTH PALM BEACH
Mayor
Melissa Teal MC
Village Clerk
Date of ratification by Bargaining Unit.
Date of ratification by the VILLAGE:
{00216164.51823-9704441}
47