R2019-62 PBA Collective Bargaining AgreementRESOLUTION 2019-62
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 EXECUTION OF THE AGREEMENT; 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, 2018; and
WHEREAS, the Village and the PBA have negotiated a new three-year Collective Bargaining
Agreement, with wage adjustments retroactive to October 1, 2018, and the Village Manager
recommends Council approval and ratification 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 and ratifies 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 Village Manager
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, 2021.
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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to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 OFJULY, 2019.
(Village Seal)
ATTEST:
CrM
VILLAGE LE
� Q
MAYOR
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
•;
THE PATROL, DETECTIVES, DETECTIVE SERGEANTS, SERGEANTS, DISPATCHERS
AND RECORDS CLERKS BARGAINING UNIT
2018-2021
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Table of Contents
ARTICLE 1
PREAMBLE........................................................................................................ 34
ARTICLE 2
UNION RECOGNITION BARGAINING UNIT ............................................... 4-5
ARTICLE 3
RULES OF CONSTRUCTION.......................................................................... 56
ARTICLE 4
VALIDITY.......................................................................................................... 67
ARTICLE 5
WORKER'S COMPENSATION........................................................................ 79
ARTICLE 6
INSURANCE.................................................................................................... 84-0
ARTICLE 7
FAMILY MEDICAL LEAVE........................................................................
1044
ARTICLE 8
PAID BEREAVEMENT LEAVE...................................................................
1142
ARTICLE 9
MILITARY LEAVE.......................................................................................
1244
ARTICLE 10
SICK LEAVE..................................................................................................
1344 -
ARTICLE 11
COURT APPEARANCES..............................................................................
164-7
ARTICLE 12
MANAGEMENT RIGHTS............................................................................
184-9
ARTICLE 13
SENIORITY....................................................................................................
20 -1 -
ARTICLE 14
PAID VACATIONS.......................................................................................
2324
ARTICLE 15
PAID HOLIDAYS..........................................................................................
252-6
ARTICLE 16
GRIEVANCE PROCEDURE / ARBITRATION ...........................................
272-8.
ARTICLE 17
DISCIPLINARY APPEALS...........................................................................
3334
ARTICLE 18
ASSOCIATION ACTIVITIES.......................................................................
353-6
ARTICLE 19
RULES, REGULATIONS, DIRECTIVES.....................................................
37-3-9
ARTICLE 20
BULLETIN BOARD......................................................................................
38-39
ARTICLE 21
SCHEDULED HOURS OVERTIME PAY ....................................................
3940
ARTICLE 22
PUBLIC SAFETY RELATED EDUCATION ...............................................
4142-
142ARTICLE
ARTICLE23
WORK ASSIGNMENT OUT OF GRADE ....................................................
424
ARTICLE 24
MEDICAL EXAMINATIONS.......................................................................
4344
ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE ............................................. 444
ARTICLE 26 VEHICLES AND EQUIPMENT.................................................................... 4546
ARTICLE 27 PERSONNEL FILES...................................................................................... 464-7
ARTICLE28 WAGES........................................................................................................... 474
ARTICLE 29 PENSION........................................................................................................ 5051
ARTICLE 30 TRAINING...................................................................................................... 54-55, 5
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ARTICLE 31 PROBATIONARY EMPLOYEES................................................................. 55-56
ARTICLE 32 ENTIRE AGREEMENT................................................................................. 5657
ARTICLE 33 DURATION.................................................................................................... 57--,� 8
SIGNATUREPAGE................................................................................................................ 5869
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.
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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.
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ARTICLE 3 RULES OF CONSTRUCTION
The word days means consecutive calendar days.
The term "Association" and the term "Union" are synonymous.
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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 as practicable and reopen negotiations of the
monetary provisions of this Agreement.
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ARTICLE 5 WORKER'S COMPENSATION
1. The VILLAGE will carry Workers' 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.
4. In the event of an on-the-job injury determined to be compensable under
the provisions of the Workers' Compensation Act a regular full-time employee will
be carried at full pay for up to six (6) pay periods, less any workers' compensation
benefits, commencing the first pay period following the date the employee is
unable to work. There is no supplemental pay during the pay period in which the
employee returns to work.
5. 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 report the claim to the Police Chief and
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thereafter file a report, on the form provided by the VILLAGE, with the Human
Resources Department.
C. Any employee who is able to return to work after a job related injury shall
be reinstated to his/her former job, provided he/she 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/she is unable to assume his/her former responsibilities, the employee
shall have first preference to fill another VILLAGE Police 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.
6. An accident, which is defined as an incident that results in injury to any
person or damage to any property, constitutes grounds for reasonable suspicion
drug testing.
7. In the event the provisions of Chapter 440 Florida Statutes provide greater
benefits to an employee injured in the course and scope of employment than the
benefits provided by this Article, the provision of Chapter 440 will prevail.
ARTICLE 6 INSURANCE
The VILLAGE will provide health and dental insurance to bargaining unit members
and their dependents 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
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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 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/her dependent insurance coverage premium from the date of
the status change.
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).
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ARTICLE 7 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 30 days prior to the need to take leave when the
need is foreseeable.
3. The Village requires an employee to substitute accrued paid leave for
unpaid FMLA leave. The term substitute means that the paid leave provided by
the Village, and accrued leave will run concurrently with the unpaid FMLA leave.
4. 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. The cost of the evaluation will be paid by the Village.
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ARTICLE 8 PAID BEREAVEMENT LEAVE
1. When a death occurs in an employee's 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 an employee
shall be allowed three (3) work shifts bereavement leave with pay. A request for
additional time off without pay may be granted, subject to the discretion of the
VILLAGE Manager or his/her designee.
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ARTICLE 9 MILITARY LEAVE
1. Employees who are members of the U.S. Armed Forces Reserves or the
National Guard will be granted leave in accordance with state and federal law,
including travel time, for the purpose of attending annual active duty for training.
2. A copy of employee's Military Orders shall be forwarded to the Director or
VILLAGE Manager prior to taking military leave.
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ARTICLE 10 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/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/she was not able to report for duty due to one of
the above reasons.
3. Employees accrue ninety-six (96) hours of sick leave per year accrued at the
rate of eight (8) hours of sick leave per month.
4. 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.
5. Sick leave may be accumulated with no maximum.
5. Employees 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
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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%) of up to a maximum of sixty (60)
unused accrued sick leave days.
6. A deceased employee's payout for sick leave shall be paid to the estate of
the decedent.
7. Sick leave reimbursement benefits are as follows:
A. New hire, non -probationary employeesa who have accrued forty eight (48)
days of sick leave ("minimum base") may request reimbursement for sick leave
accrued over the minimum base. Reimbursement by the VILLAGE will be on a
50% basis for every sick day above the minimum. Sick leave days will be
converted to eight (8) hour days before pay out.
B. Sick leave reimbursement is a voluntary right of the employee.
An employee can only submit a request once per year during the month of May.
The VILLAGE will reimburse the employee no later than November 30 of each
year.
C. The 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.
'Probationary employees are not entitled to this benefit
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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.
8. 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 but the
Village may send a sick employee home prior to the end of his/her shift. In such
cases one day of sick time shall be deducted from the employee's bank of accrued
time. If the employee has no accrued sick time, the employee will only be paid for
the time worked prior to being sent home.
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ARTICLE 11 COURT APPEARANCES
1. Any member required to attend a judicial matter arising from the
performance of his/her duty shall be compensated for said services as follows:
A. 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.
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4. Travel in excess of twenty (20) miles outside the perimeter of the VILLAGE
shall be compensated as one (1) hour of wages for the employee concerned.
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ARTICLE 12 MANAGEMENT RIGHTS
1. 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 Police
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 Police 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/her 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/her designee,
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W.
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/her
designee.
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ARTICLE 13 SENIORITY
1. Seniority shall be defined as length of service in position (i.e. sergeant) with
the VILLAGE Police 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/her decision in that regard is
not grievable. When the Police Chief over -rides a request based on seniority,
he/she 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
Police 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.
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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.
9. An employee shall lose his/her 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/her 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.
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10. Seniority shall continue to accrue during all types of leave approved by the
VILLAGE.
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ARTICLE 14 PAID VACATIONS
1. Vacation days accrue but may not be taken during the first year of service.
Exceptions to this general rule may be made by the Police Chief at his/her
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
Less than six (6) years
Six (6) but less than ten (10) years
Ten (10) years and over
DAYS OF VACATION
80 hours
120 hours
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/she 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.
5. Employment terminated without cause, or by layoff, or by retirement,
illness or injury shall not affect payment of earned vacation time. An employee
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23
shall not lose his/her 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.
6. If employment is terminated by death, the estate of the employee shall
receive payment for the earned vacation days.
7. 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.
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.
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 provided by the Human Resources Director , 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."
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ARTICLE 15 PAID HOLIDAYS
1. The following days shall be considered paid holidays, and all employees will
receive pay eight (8) hours of pay for the following eleven (11) holiday days even
if they do not work:
New Year's Day Thanksgiving Day
Memorial Day Friday following Thanksgiving Day
Independence Day Christmas Eve
Labor Day Christmas Day
Martin Luther King Day Presidents' Day
Veteran's Day
2. In the event an employee does work on any the foregoing observed
holidays, the employee will be paid straight time for each hour actually worked in
addition to the eight hours of holiday pay. Only the hours actually worked on a
holiday, if any, count as hours worked in the pay period when calculating eligibly
for overtime.
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. An employee who does not work their full scheduled day before and after
a holiday will not be paid holiday pay for that holiday. Pre -scheduled vacation or
sick leave for medical tests or scheduled treatments the day before and after a
holiday are treated as days worked.
5. In the event an employee calls out sick for all or any portion of a
holidayand the Village requires another employee to work 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.
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Employees under in-patient care or who are indisputably sick shall not be subject
to this provision.
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ARTICLE 16 GRIEVANCE PROCEDURE / ARBITRATION
1. In a mutual effort to provide a harmonious working relationship between
the parties to this Agreement, it is specifically agreed and understood that there
shall be a procedure for the resolution of disputes between the parties. For the
purpose of this Article, a grievance is defined as, and limited to, any dispute,
difference or controversy involving the interpretation or application of this
Agreement. A dispute over disciplinary action shall be considered an appeal of
disciplinary action unless otherwise 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.
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/she 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.
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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/her 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/her 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 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/her 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 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.
{00271610.7 1823-9704441}
28
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 i.n 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/her
grievance. The employee must either accept or reject the disposition of his/her
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/she may not accept the reinstatement and continue to
grieve the loss of back pay. His/Her 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.
(00271610.7 1823-9704441)
29
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 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/her 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/her, 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.
100271610.7 1823-97044411
30
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/she 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 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.
(00271610.7 1823-97044411
31
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.
{00271610.71823-9704441}
32
ARTICLE 17 DISCIPLINARY APPEALS
Appeals of disciplinary action shall be handled as follows:
1. An employee who wishes to challenge any disciplinary action shall file a
notice of appeal to the 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/her designee shall
have ten (10) calendar days to review the discipline and to advise the employee
that the discipline is either (1) 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 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 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
{00271610.7 1823-9704441}
33
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 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 with
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.
{00271610.7 1823-9704441}
34
ARTICLE 18 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.
{00271610.7 1823-9704441)
M1
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
hi/her designee.
100271610.7 1823-97044411
36
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 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.
100271610.7 1823-9704441)
37
ARTICLE 20 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.. The VILLAGE
agrees to furnish space for the bulletin board but shall have no control over the
postings on the Board.
2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its
elected officials or supervisory personnel.
3. The Association shall indemnify, defend, and hold the Village harmless
against any and all claims, demands, suits or other terms of liability that shall arise
out of the postings on the Association bulletin board.
{00271610.7 1823-9704441}
38
ARTICLE 21 SCHEDULED HOURS OVERTIME PAY
1. 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.
2. Time off for a meal period shall not exceed one (1) hour.
3. For purposes of computing overtime pay, all authorized paid leave, except
sick -leave, shall be considered time worked.
4. Employees assigned to "standby" will be paid a minimum of one (1) 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.
{00271610.7 1823-9704441}
39
5. Employees may exchange hours subject to the approval of the Police Chief
or his/her designee providing such exchanges do not result in overtime.
6. The VILLAGE retains the right to make changes in schedules when
extenuating circumstances such as hurricanes or other states of emergencies
dictate.
7. 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.
{00271610.7 1823-9704441}
40
ARTICLE 22 PUBLIC SAFETY RELATED EDUCATION
1. Bargaining Unit Employees are eligible to participate in the Village educational
assistance program as revised.
2. In order to qualify for reimbursement under the VILLAGE'S program, all
courses to be taken must be prior approved by the Human Resources Director,
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.b
b Referring to Florida Statute 943.22 Salary incentive program for full-time officers
{00271610.7 1823-9704441}
41
ARTICLE 23 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.
{00271610.7 1823-9704441)
42
ARTICLE 24 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.
{00271610.7 1823-9704441}
43
ARTICLE 25 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 one hundred twenty-five ($125.00) 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.
100271610.7 1823-9704441}
44
ARTICLE 26 VEHICLES AND EQUIPMENT
In the event an employee (if authorized and directed in advance) uses his/her
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."
{00271610.7 1823-9704441}
45
ARTICLE 27 PERSONNEL FILES
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.
{00271610.7 1823-97044411
46
ARTICLE 28 WAGES
1. YEAR ONE
On ratification and retroactive to 10/1/18 the entire range of the Hybrid Plan
will be increased 6% with a corresponding 6% employee wage increase on the
employee's anniversary date. Retroactive pay will be made no later than the
second payroll following ratification. Employee's whose anniversary date has
not passed by the time of ratification will begin receiving the 6% wage increase
no later than the second payroll following ratification.
In addition to the base wage increase, a performance-based wage increase per
the Hybrid Plan will be received by an eligible employee on the employee's
anniversary date.
The adjusted 2018-19 pay range is as follows:
2. YEAR TWO
Effective October 1, 2019, the entire range of the Hybrid Plan will be increased
6% with a corresponding 6% employee wage increase on the employee's
anniversary date.
In addition to the 6% base wage increase, a performance-based wage increase
not to exceed 4% will be received by an eligible employee on the employee's
anniversary.date.
3. YEAR THREE
Effective October 1, 2020, the entire range of the Hybrid Plan will be increased
6% with a corresponding 6% employee wage increase on the employee's
anniversary.
{00271610.7 1823-9704441}
47
In addition to the 6% base wage increase, a performance-based wage increase
not to exceed 3% will be received by an eligible employee on the employee's
anniversary date.
The adjusted salary ranges for bargaining unit positions over the three year
term of this Agreement are as follows:
4. No member shall receive a base wage increase over the maximum salary
(top -out) established in the VILLAGE pay plan. Increase over top -out pay
{00271610.7 1823-9704441}
48
fy 19 (Year # 1)
fy 21 (Year # 3)
r ade
min
maxrg
ade
min
max
300
records clerk
461110.00
73,776.00
300
records clerk
51,809.20
82,894.71
302
police officer
511809.20
821894.71
302
police officer
58,212.81
93,140.50
306
sergeant
65,407.91
104,652.67
306
sergeant
73,492.33
117,587.74
300
records clerk
22.1683
35.4692
300
records clerk
24.9083
39.8532
302
police officer
24.9083
39.8532
302
police officer
27.9869
44.7791
306
sergeant
31.4461
50.3138
306
sergeant
35.3329
56.5326
records clerk
police officer
sergeant
records clerk
police officer
sergeant
fy 20 (Year # 2)
min
481876.60
54,917.75
69,332.39
23.4984
26.4028
33.3329
max
78,202.56
87,868.40
110,931.83
37.5974
42.2444
53.3326
rg ade
300
302
306
300
302
306
4. No member shall receive a base wage increase over the maximum salary
(top -out) established in the VILLAGE pay plan. Increase over top -out pay
{00271610.7 1823-9704441}
48
shall be paid as lump sum payments and shall be treated as salary for
pension calculation purposes. For employees who were topped out and
received a lump sum distribution in lieu of a wage increase in 2018-19, an
adjustment will be made to the retroactive pay due to the employee in Year
One.
5. The minimum rate established for the bargaining unit positions in the
VILLAGE pay plan, shall be paid upon employment to "new hire"
employees, except that an amount above the minimum rate may be paid
when the rate is approved by the VILLAGE Manager following a written
justification from the 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/her justification the rate of pay of current members of the department
who have comparable years of service as the proposed appointee.
6. Assignment pay for each member assigned by the Police Chief to Field
Training Officers, Detectives, Neighborhood Enhancement Team (NET),
Communications Training Officers, Crime Scene Technician/Evidence
Custodian, Motor, K9, Marine Patrol, SOG and Night Shift will be 5%
annually, prorated to time assigned as those units above.
7. Assignments are discretionary temporary appointments by the Police Chief.
The appointment to or removal from an assignment is not subject to
grievance or appeal.
(00271610.7 1823-9704441)
49
ARTICLE 29 PENSION
1. The Village and PBA agree to amendments to the Village of North Palm
Beach Fire and Police Retirement Fund (Retirement Fund) for PBA bargaining unit
employees summarized as follows:
2. MULTIPLIER
a. "donut hole" eliminated
b. Increase from 2.5 to 2.75 for years of service following ratification of
CBA
C. Maximum monthly pension benefit capped at 75% of AME
d. 185 money applied to reduce Village required annual payment to
pension fund
3. ADDITION OF DEFERRED RETIREMENT OPTION PLAN.
a. Subject to the detailed terms of the draft pension plan amending
ordinance, the DROP program for law enforcement officer plan
members will include the following components:
b. Implementation following approval of amendments to the Pension
Ordinance by the Village Council (following review by the Pension
C. An employee is considered retired for pension _plan purposes upon
entering into the DROP plan.
e. Employee may elect to participate in the Deferred Retirement Option
Plan ("DROP") provided they make the election no later than 30 days
after reaching NRD.
f. An election to participate in the DROP plan must be made in writing
and shall become effective thirty (30) days following the date it is
received by the Pension Administrator and Village HR Director.
g. An employee who elects to participate in the DROP plan may
participate in such plan for a maximum of sixty (60) months.
(00271610.7 1823-9704441}
OW
h. An employee's credited service and accrued benefit under the
system shall be determined on the effective date of the employee's
election to participate in the DROP plan.
i. After entering the DROP plan, a participant shall not be eligible for
disability or Village pre -retirement death benefits under the
retirement plan. This provision is not intended to limit entitlement to
any statutory line of duty death benefit.
j. A DROP plan account shall be established for each employee who
elects to participate.
k. During the period of the employee's participation in the DROP plan,
the employee's normal retirement benefit shall be paid into the
employee's DROP plan account.
I. The employee's DROP plan account shall be invested and credited
with interest equal to the overall net (earning less costs) investment
rate of return on the retirement plan assets during the period of the
employee's participation in the DROP plan. No less than 0% and no
more than 6%.
M. At the conclusion of the retiree's participation in the DROP plan, and
as a condition of participating in such plan, the retiree will continue
retirement and terminate Village employment. The retiree will
thereafter receive a normal retirement benefit at the same rate as
previously calculated but the monthly amount will be paid to the
retiree and not deposited in the DROP plan account.
n. The retiree's DROP plan account will thereafter be distributed to the
retiree in a cash lump sum, unless the retiree elects an alternative
distribution (a/k/a rollover). Direct rollover may be accomplished by
any reasonable means determined by the Pension Board.
o. If a retiree dies before distribution of the retiree's DROP plan account
commences, the account balance shall be paid to the retiree's
designated beneficiary in such optional form as the beneficiary may
select.
{00271610.71823-9704441)
51
p. Distribution of an employee's DROP plan account shall begin as soon
as administratively practicable following the employee's termination
of employment but in no event later that 45 days following the
employee's termination date.
q. The intent of the Village and the PBCPBA is that the DROP benefit will
have no direct or indirect cost to the Village. If it is subsequently
determined that there is a cost to the Village, the DROP option
benefit for all employees who at that time have not entered into
DROP will be suspended until the Village and the PBCPBA negotiate
the continuation, elimination, or modification of the DROP benefit
plan.
4. EMPLOYEE CONTRIBUTIONS:
a. Employees will contribute 5% effective the second pay period
following Village Council approval of amendments to the Pension
Ordinance.
b. Employees will contribute 6% effective October 1, 2019.
C. Employees will contribute 7% effective October 1, 2020.
d. During DROP, the employee, will contribute 4% of salary: 3% creditied
to the DROP account and 1% to be applied toward the pension plan
UAAL, if needed.
The foregoing pensions plan provisions will be submitted to the Village Council by
ordinance and will take effect on adoption.
5. The definition of "Earnings" will include up to 300 hours of overtime
compensation.
6. 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
{00271610.71823-9704441}
52
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.
7. 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.
{00271610.7 1823-9704441)
53
ARTICLE 30 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.
{00271610.7 1823-9704441}
54
ARTICLE 31 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.
{00271610.7 1823-9704441)
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ARTICLE 32 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.
{00271610.7 1823-9704441}
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ARTICLE 33 DURATION
1. This three year Agreement shall be effective from date of ratification by
both parties, with wage adjustments retroactive to 10/1/2018, and shall remain
in full force and effect until 30th day of September2021.
2. No base wage increase or cost of living adjustment shall be paid beyond
September 30, 2021 except as provided in a subsequent Memorandum of
Understanding as may be negotiated and ratified by the parties.
3. The VILLAGE and the PBA agree to commence bargaining for a successor
agreement on or about June 30th, 2021.
{00271610.7 1823-9704441}
F'tl
SIGNATURE PAGE
THE VILLAGE OF NORTH PALM BEACH PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION
Village Manager
Village Clerk
Date of ratification by Bargaining Unit:
Date of ratification by the VILLAGE:
{00271610.7 1823-9704441}
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