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1993-004 PBA - General AgreementRESOLUTION NO. 4-93 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND APPROVING THE RATIFIED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION - GENERAL, AND AUTHORIZING THE MAYOR, VILLAGE CLERK AND VILLAGE MANAGER, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 447, TO EXECUTE THAT CERTAIN COLLECTIVE BARGAINING AGREEMENT WITH THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION -GENERAL, SETTING FORTH THE BASIC, COMPLETE AND FULL AGREEMENT BETWEEN THE PARTIES CONCERNING WAGES AND OTHER CONDITIONS OF EMPLOYMENT PER FLORIDA STATUES CHAPTER 447, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. In accordance with Chapter 447, Florida Statutes, the Village Council hr ereby accepts and approves the ratified Collective Bargaining Agreement between the Village of North Pahn Beach and the Palm Beach County Police Benevolent Association - General, a copy of which is attached hereto and by reference made a part hereof. ' Section 2. The Mayor, Village Clerk and Village Manager are hereby authorized' n ccordance with Florida Statutes Chapter 447, to execute that certain Collective Bargaining Agreement with the Palm Beach County Police Benevolent Association. Section 3. The effective date of the Agreement shall be October 1, 1992. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 11 DAY OF February ~ 1993. Mayor ATTEST: C Village Clerk AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION TABLE OF CONTENTS ARTICLE TITLE PAGE 1. PREAMBLE ........................... 1 2. UNION RECOGNITION BARGAINING UNIT .. 2 3. DISCRIMINATION ..................... 3 4. VALIDITY ........................... 4 5. WORKER'S COMPENSATION .............. 5 6. HEALTH INSURANCE ................... 6 7. NO STRIKES - NO LOCKOUTS ........... 7 8. MATERNITY LEAVE .................... 8 9. PAID BEREAVEMENT LEAVE ............. 9 10. MILITARY LEAVE ..................... 10 11. SICK LEAVE ......................... 11 12. COURT APPEARANCES .................. 13 13. MANAGEMENT RIGHTS .................. 14 14. SENIORITY .......................... 15 15. PAID VACATIONS ..................... 16 16. PAID HOLIDAYS ...................... 17 17, GRIEVANCE PROCEDURE ARBITRATION .... 18 18. UNION ACTIVITIES ................... 20 19. RULES, REGULATIONS, DIRECTIVES ..... 21 20. BULLETIN BOARD ..................... 22 21. SCHEDULED HOURS OVERTIME PAY........ 23 21.A COMPENSATORY TIME .................. 24 22. PUBLIC SAFETY EDUCATIONAL ACCREDITATIONS ..................... 25 23. WORK ASSIGNMENT OUT OF GRADE ....... 26 24. MEDICAL EXAMINATIONS ............... 27 25. UNIFORM AND CLOTHING ALLOWANCE ..... 28 26. VEHICLES AND EQUIPMENT ............. 29 27. PERSONNEL FILES - COMPLAINTS ....... 30 28. PROCEDURAL RIGHTS .................. 31 29. WAGES .............................. 33 30. LONGEVITY PAY ...................... 34 31. TRAINING ........................... 35 32. SAFETY INCENTIVE AWARD ............. 36 33. ATTENDANCE AWARD PROGRAM ........... 37 34. PROBATIONARY EMPLOYEES ............. 38 35. CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ........... 39 36. DURATION ........................... 40 ARTICLE 1. PREAMBLE This Agreement is effective the 1st day of October, 1992, by the employer, 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. 1 ARTICLE 2. UNION RECOGNITION BARGAINING UNIT The VILLAGE recognizes the ASSOCIATION as the certified bargaining agent for the regular full-time employees designated as police officer, police officer/paramedic, detective, detective sergeant, sergeant and police dispatcher, as indicated in PERC order No. 85E-011 issued on January 9, 1985 and PERC order No. 89E-344 issued November 8, 1989. ARTICLE 3. DISCRIMINATION Neither the VILLAGE nor the ASSOCIATION shall discriminate against or in favor of any employee because of race, creed, color, national origin, marital status, sex, age, disability, or political belief. There shall be no discrimination by supervisory personnel against any employee because of activity or membership in the ASSOCIATION. The VILLAGE agrees there will be no discrimination against any member for adherence to any provision of this Agreement or refusal to comply with any order which would violate this Agreement. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. The right of the employees to belong to, participate in, or refrain from belonging to the ASSOCIATION shall not be prohibited, abridged or interfered with. The ASSOCIATION will not discriminate with regard to representation of its members or with regard to terms and conditions of membership because of race, color, creed, sex, age, physical handicap, national origin, marital status or political affiliation. The VILLAGE and the ASSOCIATION agree that the provisions of this Agreement shall be applied to all employees without regard to race, color, creed, sex, national origin, disability, or marital status. 3 ARTICLE 4. VALIDITY If any provision of this Agreement shall be held to be invalid, the remainder of this Agreement shall not be affected thereby. In such event, at the request of both parties, the parties shall meet and discuss whether to add to this Agreement any new provisions in substitution for the invalid provision, but no new provisions shall be added without the mutual agreement of the parties. 4 ARTICLE 5. WORKER'S COMPENSATION The VILLAGE will carry Workers' Compensation coverage for all employees covered by .this Agreement in accordance with the law. 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. In the event of an on-the-job injury determined to be compensable under the provisions of the Workers' Compensation Act for a regular full-time employee, said employee will be carried at full pay up to 180 days per year less any workers' compensation benefits. In order to be considered for this injury in line of duty benefit, the following conditions must be met: A. The employee must provide written testimony of evidence that his injury was received in the line of duty. An injury received while the employee is attending a department approved school or training program shall be considered a line of duty injury. B. The employee must file a written claim as outlined below: Any employee who has a claim for .compensation while absent 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 work after a job related injury shall be reinstated to his former job, provided he is physically qualified to perform all of the duties and responsibilities of his previous position. Such statement shall be certified by a medical doctor prior to the employee returning 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. 5 ARTICLE 6. HEALTH INSURANCE Effective October 1, 1992, the VILLAGE agrees to pay one hundred percent (100) of the medical, dental and hospitalization insurance premiums for the employee and seventy-five percent (75~) of the employee's dependants for the duration of this Agreement., For the fiscal year 1992-1993, The VILLAGE agrees to reimburse employees all monies they pay for dependant dental and hospitalization insurance premiums. A $200.00 per person deductible will apply to medical and hospitalization claims and a $100.00 per person deductible will apply to dental claims, subject to restrictions and qualifications of the self-insurance plan. The VILLAGE shall self- insure for all maternity benefits. It will be the responsibility of the employee to notify the VILLAGE within three (3) days in the event that dependant coverage is no longer required due to a change in marital status. Should the employee not notify the VILLAGE of said change, the employee shall reimburse the VILLAGE for the amount paid for his dependant insurance coverage premium from the date of status change. The VILLAGE retains the right to determine the insurance carrier or it may self-insure if it so desires. There shall be an Insurance Committee comprised of six (6) members; two (2) members will be designated by the Association, which two members shall represent the PBA on behalf of both the PBA general employees and the PBA lieutenants, two (2) members will be designated by the Village and two (2) members will be designated by the National Association of Government Employees of the Village (NAGE). At least one of the two Committee members appointed by each body must be,a participant of that .body. The other member, if not a member of the body, must be a resident of the Village. However, that member need not be an employee. The Committee shall'meet on a regular basis to examine the health insurance program for the purpose of analyzing the program and recommending improvements and changes. Insurance Committee members shall be granted time off with pay to attend these meetings. The Committee shall offer recommendations to the Village, the Union and NAGE by April 1, 1993. 6 ARTICLE 7. NO STRIKES - NO LOCKOUTS It is mutually agreed by the parties hereto that throughout the life of this Agreement, there shall be no strikes or stoppage of work. The parties agree to comply with Florida State Statutes regarding any strikes or stoppages of work. 7 ARTICLE 8. MATERNITY LEAVE Whenever an employee shall become pregnant, she shall furnish the Director with a certificate from her physician,, stating the approximate expected date of delivery. She may continue to work as long as her physician certifies she is able and provided the Director does not find her work performance impaired. Maternity leave shall start with cessation of actual work and continue for a period not to exceed six (6) months, provided that in all cases an employee shall be permitted to take at least six weeks leave after the actual delivery. She shall be paid, upon request, her earned vacation leave, and unused prorated sick time. Such leave may be extended if medically necessary, as determined by the employee's doctor, and provided that the needs of the department can be met. 8 ARTICLE 9. PAID BEREAVEMENT LEAVE The VILLAGE agrees that when a death or critical illness, in which death appears to be imminent, 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 or foster parent of the employee, an employee scheduled for five (5), eight (8) hour days, shall be allowed three (3), eight (8) hour days of bereavement leave with pay. A request for additional unpaid time may be granted, subject to the discretion of the Director. An employee scheduled for twenty-four (24) hours on duty and forty-eight (48) hours off duty, shall be granted thirty-two (32) hours for bereavement leave with pay. A request for additional unpaid time may be granted, subject to the discretion of the Director. 9 ARTICLE 10. MILITARY LEAVE Employees who are members of the U.S. Armed Forces Reserves, or the National Guard will be granted leave in accordance with the law, including travel time, for the purpose of attending annual active duty for training. A copy of employee's Reserve Orders are to be forwarded to the Director or Village Manager. l0 ARTICLE 11. SICK LEAVE Sick leave shall be considered to be an absence from duty without loss of pay. Sick leave shall be allowed only for the following: A. Employee's actual injury, actual illness, or quaran- tine, due to known exposure to a contagious disease. B. Actual illness or injury of a member of the employee's immediate household, namely spouse, child, or parent, where care by the employee is required. C. Necessary medical or health treatment. Employees shall not be charged with sick leave when they are injured while on the job for which they are entitled to compensation under the Workers' Compensation Act. Employees shall accrue one (1) day per month paid sick leave for a total of twelve (12) sick days during the contract year. Accrued sick leave shall be .credited to the first day of the month. Sick leave time shall accrue while an employee is on vacation or other paid leave. Sick .leave is accumulative with no maximum. Where an employee regularly uses their sick leave as it is accrued, the employee requesting such sick leave shall be required to furnish competent medical proof for such absence, prior to sick leave -pay being granted. Such competent medical proof shall include a physician statement attesting to his inability to perform work on the days of absence. Any employee on paid leave shall continue to accrue all benefits as if on actual duty. The Village Manager, or his designee, shall keep a record of all leave granted to each employee and the unused amount on a standard form and this record shall be available for reasonable inspection by each employee. A copy of said record shall be given to any employee annually, upon request. For sick leave to be credited, an employee must notify the officer in charge on the first day of an absence. Notification can be made by the employee, a member of his family or by a physician. An employee will not be compensated for a sick day taken the day before or the day after a holiday, unless the employee works on the holiday. If a vacation period falls within an employee's illness or injury, he or she will be permitted a vacation upon return to duty. Any employee, other than an employee who is discharged for cause, who voluntarily terminates, retires or dies while in the service, shall receive payment equal to fifty percent (50$) of the unused accrued sick leave days up to a sixty (60) day maximum. A deceased 11 employee's pay for sick leave shall be given to the estate of the deceased. When absence by reason of illness or injury occurs for a period of three (3) duty days for forty (40) hour a week employees or more than one (1) consecutive duty day occurs for twenty-Four (24) hour employees, before the employee shall be entitled to compensation as herein provided, the Director may require an employee to file a certificate of disability signed by the employee's licensed and practicing physician. 12 ARTICLE 12. COURT APPEARANCES An officer required to attend, in the performance of duty, for a criminal or .civil matter in a court, before a grand ,jury inquiry, conference with the State Attorney or his assistants, a pre-trial conference, matters pending in the Federal Courts, before State or Federal agencies, shall be compensated for said services as follows: A. Attendance while on duty, payment at regular pay scale. B. Attendance while off duty, payment of one and one-half hourly rate. Overtime rate shall be the forty (40) hour rate for all employees. C. A minimum guarantee of two (2) hours payment for defaults. D. Witness fee shall be retained by the officer. E. In all instances concerning court time or other appearances, partial hourly time shall be construed as a full hour. Payment shall be made as soon as possible (by the next) payroll period following completion of the service. 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. 13 ARTICLE 13. MANAGEMENT RIGHTS 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). The PBA 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 PBA 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. The PBA agrees that all employees covered under this Agreement shall comply with all Village Personnel Rules and Regulations, including those relating to conduct and work performance. Except where the Agreement conflicts with said regulations, the Agreement terms remain in effect. 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. Those inherent managerial functions, prerogatives and policymaking 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. 14 ARTICLE 14. SENIORITY Length of seniority shall be computed from the date of being hired as a Public Safety Officer or Dispatcher. For purposes of vacations and assignments to shift work seniority will prevail. Where a promotional opportunity shall occur and two or more employees are under consideration, the Director shall give due consideration to seniority and qualifications. 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 work. B. Performance evaluation. C. Physical condition and qualifications to perform the job attitude. 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. An employee shall be recalled in inverse order of layoff. 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. Unexcused absence for more than one (1) day F. 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. G. Failure to return from military leave within the time limits prescribed by law. H. Failure to return from an authorized leave of absence upon the expiration of such leave. Seniority shall continue to accrue during all types of leave approved by the VILLAGE. 15 ARTICLE 15. PAID VACATIONS Vacation days accrue but may not be taken during the first year of service. All personnel who have completed one (1) year 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 40 Hr. Employees 24 Hr. Employees PSO's, Dispatchers Paramedics Less than 7 years l0 working days = 5 shifts = 2 weeks 80 hours 7 Years but less 15 working days = 7 shifts = 3 weeks than 12 years 120 hours 12 Years and over 20 working days = 10 shifts = 4 weeks 160 hours Vacation, sick leave, or any other paid leave, shall be included in the computation of the one year of required full service. In scheduling an employee's vacation time, the Director shall give preference on the basis of seniority within an employee's classification. 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. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation time. Vacation time shall be credited and reported per payroll, to indicate hours accrued less hours taken, reflecting net vacation hours available per payroll period. 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. 16 ARTICLE 16. PAID HOLIDAYS The following days shall be considered as paid holidays: New Year's Day Additional New Year's day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Additional Thanksgiving Day Christmas Day Additional Christmas Day As Set by Council In the event an employee works on any of the above named holidays, the employee shall be paid, in addition to the regular rate of pay, at a rate of time and one-half. Twenty-four (24) hour employees who work on a holiday shall be paid twenty-four hours of pay plus they shall receive eight (8) hours of pay at the, rate of one and one-half times the forty (40) hour rate. When a holiday occurs when said employee is on vacation, bereavement leave, out due to an on the job injury, or illness, the employee shall be paid for said holiday at his/her regular rate of PaY• Except for absence due to the instances cited above, holiday payment is subject to the employee working his/her scheduled day prior to the holiday and his/her regular scheduled day subsequent to the holiday. An employee entitled to overtime compensation may receive compensatory time off in lieu of pay at straight time for holidays. 17 ARTICLE 17. GRIEVANCE PROCEDURE ARBITRATION The following is a procedure for the resolution of grievances which are defined as disputes involving the interpretation or application of this Agreement or departmental regulations. STEP 1: The aggrieved employee or an ASSOCIATION representative shall present the grievance or dispute in writing, setting forth -the facts with particulars and the remedy sought, within ten (10) calendar days of its occurrence or knowledge thereof to the Captain for resolution. The Captain shall render a decision in writing within ten (10) calendar days after presentation at STEP 1. STEP 2: If no written reply has been made or if a written response has been made, and the aggrieved employee is dissatisfied, the aggrieved employee may within ten (10) calendar days of receipt of a reply or the due date of the receipt of a reply, present the grievance or dispute to the Director of Public Safety. The Director shall reply in writing within ten (10) calendar days of receipt of the grievance. Failure by the Director to reply within the time period shall be held to be an approval of the grievance and the remedy sought. If the Director replies and the aggrieved party is dissatisfied, then the grievance may be submitted to the Village Manager within ten (10) calendar days of receipt. STEP 3: If the grievance is not satisfactorily resolved at STEP 2, then it may be submitted to the Village Manager within ten (10) calendar days after the reply by the Director of Public Safety is due. The Village Manager shall within ten (10) calendar days reply 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. STEP 4: In the event that the grievant is not satisfied with the disposition of the grievance at STEP 3, or if no disposition has been made within the time limits provided for, the grievant may submit the matter to arbitration, using the services of the American Arbitration Association. Such request for arbitration shall be filed with the Village Manager no later than ten (10) days after the Village 18 Manager's response is due in STEP 3 of the grievance procedure. By mutual agreement, the time limits in the grievance procedure may be extended. The arbitrator's decision shall be supported by substantial evidence on the record as a whole. The decision shall be in writing with a full statement of findings and reasons. The decision of the arbitrator shall be final and binding on the parties;. provided that the arbitrator shall have no authority to modify, amend, or alter this Agreement. The arbitrator shall have no authority to consider or rule upon any matter which is not subject to arbitration. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined to the question which is presented. Copies of the award of the arbitrator, shall be furnished to both parties within thirty (30) days after the conclusion of the hearing or the submission of the briefs by the parties, whichever is later. Each party to arbitration shall bear the expense of its own witnesses and its own representatives and the arbitrator's fees and expenses shall be borne equally by the parties. The arbitration hearing shall be held in the Village of North Palm Beach, Florida. 19 ARTICLE 18. UNION ACTIVITIES 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 PBA representation, all actions to_ be free from any and all restraint, coercion, discrimination or reprisal by the VILLAGE or the ASSOCIATION. 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. Reasonable time shall be granted for the processing of grievances with a duly designated representative of the ASSOCIATION during working hours. The Village Manager shall be immediately notified of changes of appointed PBA representatives. PBA representatives shall be permitted to wear PBA insignia .while on duty. Said insignia shall be approved by the Director or his designee. 20 ARTICLE 19. RULES, REGULATIONS, DIRECTIVES Personnel rules, regulations, and departmental directives shall be in writing .and a copy of the same shall be submitted to the ASSOCIATION. 21 ARTICLE 20. BULLETIN BOARD 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. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials or supervisory personnel. 22 ARTICLE 21. SC~EDTJi,~D_HOURS OVERTIME PAY A. Forty (40) hour personnel shall be sehedu].ed to w~ark five (5), eight (s) hour shifts. 8. Paramedics shall be scr~eacilea L'v work twenty-fo~,tr (z4) hours on duty and forty eight (48) hours off duty. C. HvUr~ Worked in excess of a scheduled Pvrty (40) hour week shall be paid at the rate of aria and one-half (1 1/2) times the employees regular rate of pay. D. Poxice/Paramedics shall be paid at time and one-half of hourly rate for actual number of hours worked. Paramedics shall be paid overtime at the fifty-three (53) hour rate when working as a primary paramedic on duty or when held over for late coils. ~ For all other overtime sitczat~.ons they Shall be paid at the (arty (4U) hour rate. E. ~Timd~ off for a meal period shall not exceed one-half (1/2) hour. x'ar purposes of computing overtime pay, all authorized paid leave shall be considered time worked. Employees assigned to "standby' will be paid a minimum of one (1) hour's gay er "standby shift'. In the avant an employee is ~icalle ac n;~he-ar she shah. receive a minimum of two (2) hours pay. ~~Standby" and "call book" time relate to either fire duty or emergency duty. Employees may exchange hours subject to the approval of the Director or his designee providing such exchanges do not result in overtime. The Village will provide a minimum of a seven-day notice. for any change in shift schedules. However, the Village retains the right to make changes ~.n schedules when extenuating circumstances dictate, including the right to make changes in schedules in order to avoid paying -for overtime. 23 ARTICLE 21.A. COMPENSATORY TIME For purposes of this Agreement, compensatory time shall be defined as that period of time which is earned by the employee for hours worked in excess of his normally scheduled work week, accumulated at a rate of time and one-half (11/2) in lieu of monetary overtime compensation. Compensatory time will be granted if the employee notifies the Director of the contemplated use at least seven (7) calendar days prior. to use and provided such use will not be unduly burdensome to the Public Safety Department's operation. In the event less than seven (7) calendar days notice is provided, granting of compensatory time shall be at the discretion of the Director, subject to scheduled manpower limitations. In the event more than one employee requests use of compensatory time off for the same .period, seniority shall govern choice. Regular forty (40) hour employees may bank up to forty (40) hours of compensatory time, which represents sixty (60) straight time hours of time off . Paramedics may bank up to fifty-three ( 53 ) hours of compensatory time which represents 79.5 hours of straight time hours of time off. 24 ARTICLE 22. PUBLIC SAFETY EDUCATIONAL ACCREDITATIONS Courses to be taken during scheduled work time are subject to the officer obtaining an approved replacement. All courses to be taken have to be prior approved by the Director of Public Safety and the Village Manager. The VILLAGE agrees to pay employees who achieve accreditation over and above what is paid by the State's Salary Incentive Program passed in July, 1972, as follows: Bachelor's Degree ................. $50.00 per month Associate's Degree ................. $45.00 per month Intoxilyzer Certificate ............ $15.00 per month All present holders of breathlayzer certificates will be given until September 30, 1992, within which to become certified as intoxilyzer operators, at the Village's expense. 25 ARTICLE 23. WORK ASSIGNMENT OUT OF GRADE 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 period of five (5) consecutive working days or more, shall be paid five percent (5~) above the individual's present base rate for that position while so engaged. The five (5) working day period shall not include Saturdays or the employee's scheduled days off. If the employee elects to take a vacation or sick day during the five (5) day period, the chain of consecutive days will be broken. An employee assigned to a rank°which carries a rat than the permanent rank of the assignee shall i injury, illness, or death incurred while in the service be compensated at the level of payment for all benefits accrued thereof. e of pay higher n the event of performance of that rank, and 26 ARTICLE 24. MEDICAL EXAMINATIONS Medical examinations shall be voluntary, except for a post-job offer medical evaluation for the job classification. In those situations where the VILLAGE requires said examination, then the entire costs shall be borne by the VILLAGE. 27 ARTICLE 25. UNIFORM AND CLOTHING ALLOWANCE Plain clothed officers shall be reimbursed up to five hundred ($500.00) dollars per year upon actual receipts being presented. This shall be paid semi-annually in increments of up to two hundred fifty ($250) dollars, each October lst and April 1st as a clothing replacement allowance. A thirty-five ($35.00) dollar monthly allowance shall be paid to all certified officers for the repair and cleaning of clothing used in the performance of duty. Clothing allowance shall be prorated with the change of personnel in the Detective Bureau. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE at no cost to the employee. 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. A shoe allowance of up to seventy-five ($75.00) dollars per year shall be paid to police officers in the form of a reimbursement upon an actual receipt being presented. Dispatchers shall receive the same shoe allowance provided to other bargaining members or shall be provided with shoes, as determined by the Director of Public Safety. Road Patrol and dispatchers shall. be provided adequately with three (3) shirts and two (2) pair of pants. Paramedics shall be provided with two (2) shirts, two (2) pair of pants and two (2) jump suits. 28 ARTICLE 26. VEHICLES AND EQUIPMENT Vehicle Maintenance. Each Public Safety Officer assigned to a VILLAGE vehicle shall keep the vehicle free from liter and return the vehicle at the end of his shift in the same condition as when he received it, subject only to mechanical defects or damage, or soiling of the vehicle not caused by the Public Safety Officer. It shall be the vehicle operator's responsibility to report all damage, mechanical problems or operational problems detected, or which could be detected, with reasonable diligence. If the Officer believes the vehicle he is assigned is unsafe, it shall be reported to the Shift Supervisor. If ,the Shift Supervisor agrees that the vehicle is unsafe, it shall not be placed in service until it is made safe. Public Safety vehicles will be washed and sanitized as necessary. Use of Private Automobile. In the event an employee (if authorized and directed in advance) uses his own automobile for the performance of official duties on behalf of the VILLAGE, he (she) will be compensated at the rate provided for in Florida Statutes 112.106(7)(d)(1) for miles driven on behalf of the VILLAGE. Portable Radios. Officers will be provided with two-way portable radios on an "as needed" basis, determined by the Shift Supervisor. 29 ARTICLE 27. PERSONNEL FILES - COMPLAINTS It is agreed that no employee will be required to write a report to the Director or any other supervisory officer on any. complaint by a person or .persons in or outside the Department against said officer unless and until the complainant(s) submit(s) said complaint in writing and signs same. Prior to any report in writing being submitted, the subject officer shall be furnished a copy of the signed complaint. If a charge is brought and the officer is adjudicated as being innocent, then the complaint and charge shall be removed forthwith from the personnel folder of the subject officer. An officer shall have the right to review the contents of his/her personnel file after due notice to the Director. Such review shall be in the presence of the Director or his duly authorized representative. 30 ARTICLE 28. PROCEDURAL RIGHTS Any officer under investigation and subject to interrogation by the Department or an outside agency subject to the direction and control of the Village which may result in disciplinary action, demotion, dismissal and/or criminal charges being filed; then, under such circumstances, the interrogation shall be conducted as follows: A. Interrogations will normally be conducted during the officer's scheduled duty time, unless immediate action is imperative. B. Interrogation will be conducted at Public Safety Department headquarters. C. The law enforcement officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions. directed to the officer under the interrogation shall be asked by and through one (1) interrogator at any one (1) time. D. The ,law enforcement officer under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of all complainants. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. F. The law enforcement officer under interrogation shall not be subject to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answering any questions. G. The formal interrogation of a law enforcement officer, including all recess periods, shall be recorded and there shall be no unrecorded questions or statements. H. If the law enforcement officer under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his/her rights prior to the commencement of the interrogation. I. At the request of any law enforcement officer under 31 investigation, he shall have the right to be represented by counsel or any other representative of his choice who shall be present at all times during such interrogation wherever the interrogation relates to the officer's continued fitness for law enforcement service. J. Representation on complaint review boards: A Complaint review board shall be composed of three (3) members: one (1) member selected by the Director of Public Safety; one (1) member selected by the aggrieved officer; and the third member selected by the other two members. The board members shall be law enforcement officers selected from any state, county, or municipal agency within the county. K. Civil suits brought by law enforcement officers: Every law enforcement officer shall have the right to bring civil suit against any person, group of persons, organization or corporation or the heads of such organizations or corporations for damages, either pecuniary or otherwise, suffered during the performance of the officer's official duties or for abridgement of the officer's civil rights arising out of the officer's performance of official duties. L. Notice of disciplinary action: No dismissal, demotion, transfer, reassignment, or other personnel action which might result in the loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken. against any law enforcement officer, unless such reason or reasons therefore are communicated to the officer in writing prior to the effective date of such action. M. Retaliation for exercising rights: No law enforcement officer shall be discharged, disciplined, demoted, or denied promotion, transfer or reassignment, or otherwise be discriminated against in regard to his employment or be .threatened with any such treatment by reason of his exercise of the rights granted by this act. N. A copy of the complaint, whether recorded in writing or by other means , will be given to. the officer at least two (2) hours prior to interrogation unless waived by the Director or his designee and the officer. Written complaints must be signed by the party or parties alleging a violation. O. An officer under investigation cannot be compelled to submit to a polygraph test or any other "truth measuring" device. 32 ARTICLE 29. WAGES Effective October 1, 1992, all non-probationary employees covered by the collective bargaining agreement and employed .on October 1, 1992, shall receive, for the fiscal year 1992-93, a two percent (2~) increase in their base pay rate. Employees who had not completed the one-year probationary period by October 1, 1992, shall not be entitled to the two (2~) percent increase. However, effective upon ratification of this agreement, those employees base pay will be increased to the starting salary as set forth below. INCREMENTS - The following increments per year may be received by employees after proper accreditation: PARAMEDIC $2,000.00 EMT $1,000.00 FIRE FIGHTER $1,000.00 DETECTIVE 5$ of base salary Field Training Officer (F.T.O.) - In addition to the above increments, FTO's will receive a 5 % increase in base pay rate above their regular base pay rate when they are actually engaged in a training period.' Starting Salary - The starting salary for Public Safety Officers will be $21,500 and for dispatchers will be $15,000 effective upon ratification of this Agreement. In the event a Public Safety employee is promoted to the rank of Sergeant, he will receive a five percent (5~) increase to his current annual wage. 33 ARTYCLE 30. E~Xective October 1, 1986 the VILLAGE agrees to pay the following longevity ,bonuses (above and beyond base pay rate) per year to those employees who are presently being paid a longevity bonus; Three years of completed service $300.00 Six years of completed service $600.00 Nine years of campleted service $9UU.Clu Twelve years of completed service $1,20p.00 Furthermore, those employees wno are currently being paid a longevity bonus will continue to receive a longevity bonus as per the paragraph above. Effective October 1, 1993, employees not currently receiving a longevity bonus under this article shall. be eligible to receive this benefit. ~~ ,. ,. f. 34 ARTICLE 31. TRAINING In keeping with the ever increasing requirements to maintain certification in the skills necessary to perform the public safety function, it is agreed that any employee who attends training as required by the Department or VILLAGE will have the choice of receiving pay at a rate of one and one-half regular pay or compensatory time at a rate of one and one-ha],f straight time, if the training time is above and beyond the employee's normal work week. If the employee fails to complete a full work week, pay for training will be received at a regular rate of pay or at straight compensatory time. The Village agrees to provide one week's advance notice for any training scheduled for weekends. 35 ARTICLE 32. SAFETY INCENTIVE AWARD Whenever an employee completes one year of safe driving with no accidents attributable to the fault of the employee, an award of one day's pay shall be earned.. Whenever an employee completes one year of service without receiving or causing any injuries on the job, an award of one day's pay shall be earned provided, however, that if an employee's injury is caused by another, then the injured employee shall be entitled to receive his/her safety incentive award. The cause of the injury shall be the sole determination of the Director as to eligibility of the safety award and the Director's decision is not subject to the grievance procedure for resolution. For the purposes of this Article, the one year period shall be from October 1 through September 30. 36 ARTICLE 33. ATTENDANCE AWARD PROGRAM An employee who uses six (6) or less shall have the option of converting days to additional vacation time. days of sick leave per year one of the unused sick leave 37 ARTICLE 34. PROBATIONARY EMPLOYEES. All new employees shall be designated as probationary employees and shall remain .in probationary status in their classification for one (1) year from their date of graduation from the academy, or one (1) year from their date of employment in the case of an employee hired who is already a certified officer who does not attend the academy. Periods of absence of three (3) shifts or more during probation will extend the probationary period by the amount of the absence or a minimum time of one week. 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. A probationary employee shall have no right to utilize the grievance and/or arbitration process set forth in this Agreement, or any other internal VILLAGE policy or procedure for any matter relating to discharge, suspension or other discipline. It is the obligation of all supervisory VILLAGE personnel to carefully review 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. Upon the satisfactory completion of the probationary period, which shall then be a matter of record in the employee's personnel file, the employee shall attain permanent status in the service. Certification of satisfactory completion of the probationary period shall require the written approval of the Village Manager or his designee. 38 ARTICf;E 35. CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 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. 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. 39 ARTICLE 36. DURATION This Agreement shall become effective as of October 1, 1992 and shall continue in full force and effect until September 30, 1994. If either party desires to modify, amend or terminate the Agreement for the 1993-94 fiscal year, notice of intent in writing should be mailed to the other party on or before June 1, 1993, by certified mail, and modification or amendment shall be limited to Article 6, Health Insurance, Article 29 Wages, and two other Articles of the party's choice. In the absence of notice this Agreement shall renew for another year. IN WITNESS WHEREOF, THE PARTIES HAVE SET THEIR HANDS AND SEALS THIS 11TH DAY OF FEBRUARY 1993. THE VILLAGE OF NORTH PALM BEACH ~~~• Mayor Village Ma ager Village Clerk PALM BEACH COUNTY POLICE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION i President FAG PBA Represe ative THE VILLAGE OF NORTH PALM BEACH BENEVOLENT ASSOCIATION By: 40