R2022-29 PBA Collective Bargaining AgreementRESOLUTION 2022-29
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, 2021; and
WHEREAS, the Village and the PBA have negotiated a new three-year Collective Bargaining
Agreement 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, 2024.
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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to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 14TH DAY OF APRIL, 2022.
ORTy:
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VILLA E CLERK
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MAY
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
FOR
THE PATROL, DETECTIVES, DETECTIVE SERGEANTS, SERGEANTS, aAND RECORDS
CLERKS BARGAINING UNIT
10/1/2021-9/30/2024
11 Position of Dispatcher eliminated FY2015 budget approving outsourcing of dispatch operations
w/ Palm Beach Gardens
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Table of Contents
ARTICLE1 PREAMBLE.......................................................................................................... 4
ARTICLE 2 UNION RECOGNITION BARGAINING UNIT ................................................. 5
ARTICLE 3 RULES OF CONSTRUCTION............................................................................ 6
ARTICLE4 VALIDITY............................................................................................................ 7
ARTICLE 5 WORKER'S COMPENSATION.......................................................................... 8
ARTICLE 6
INSURANCE......................................................................................................10
ARTICLE 7
FAMILY MEDICAL LEAVE............................................................................
11
ARTICLE 8
PAID BEREAVEMENT LEAVE.......................................................................
12
ARTICLE9
MILITARY LEAVE...........................................................................................13
ARTICLE 10
SICK LEAVE......................................................................................................
14
ARTICLE 11
COURT APPEARANCES..................................................................................
17
ARTICLE 12
MANAGEMENT RIGHTS................................................................................
18
ARTICLE 13
SENIORITY........................................................................................................
20
ARTICLE 14
PAID VACATIONS...........................................................................................
22
ARTICLE 15
PAID HOLIDAYS..............................................................................................
24
ARTICLE 16
GRIEVANCE PROCEDURE / ARBITRATION ...............................................
26
ARTICLE 17
DISCIPLINARY APPEALS...............................................................................
31
ARTICLE 18
ASSOCIATION ACTIVITIES...........................................................................
33
ARTICLE 19
RULES, REGULATIONS, DIRECTIVES.........................................................
35
ARTICLE 20
BULLETIN BOARD..........................................................................................
36
ARTICLE 21
WORKWEEK AND OVERTIME......................................................................
37
ARTICLE 22
PUBLIC SAFETY RELATED EDUCATION ...................................................
39
ARTICLE 23 WORK ASSIGNMENT OUT OF GRADE ........................................................ 40
ARTICLE 24 MEDICAL EXAMINATIONS........................................................................... 41
ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE ................................................. 43
ARTICLE 26 VEHICLES AND EQUIPMENT........................................................................ 44
ARTICLE27 WAGES............................................................................................................... 45
ARTICLE 28 PENSION............................................................................................................ 48
ARTICLE29 TRAINING.......................................................................................................... 50
ARTICLE 30 PROBATIONARY EMPLOYEES..................................................................... 51
ARTICLE 31 RIGHTS WHILE UNDER INVESTIGATION.................................................. 52
ARTICLE 32 POLICE OFFICER TRAINEE PROGRAM....................................................... 53
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ARTICLE 33 ENTIRE AGREEMENT..................................................................................... 54
ARTICLE 34 DURATION........................................................................................................ 55
SIGNATUREPAGE ................................................................................................................. 56
APPENDICES.............................................................................................................................. 57
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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, INC., 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
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.
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ARTICLE 3 RULES OF CONSTRUCTION
1. The term "day" means any consecutive calendar day. When the last day of any
time period or a deadline under this Agreement falls on a Saturday, Sunday, or legal
holiday, then the time period or deadline continues to run until the next day that is not a
Saturday, Sunday, or legal holiday.
2. The terms "Association", "PBA", and "Union" are synonymous, meaning the Palm
Beach County Police Benevolent Association, Inc., and its duly authorized agents.
3. The term "employee" in this Agreement means PBA Bargaining Unit members or
those individuals employed by the Village in positions represented by the ASSOCIATION
regardless of membership in the ASSOCIATION.
4. The term "Village Manager" means the Village Manager or their designee.
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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 if the disability or injury is
self-inflicted, continues as a result of the employee's failure to fully cooperate with
medical advice or corrective therapy, or was sustained when the employee was under the
influence of drugs/alcohol.
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.
Thereafter, the employee may supplement their workers' compensation benefits with sick
leave to reach full pay status. 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 evidence that their 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 thereafter
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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 their former job duties and position, provided the employee is
qualified to perform all of the duties and responsibilities of their previous position
and is certified by a medical doctor prior to the employee returning to work. The
VILLAGE may require confirmation of fitness to return to work.
D. If the employee is unable to assume their 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.
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ARTICLE 6 INSURANCE
1. 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 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.
2. It will be the responsibility of the employee to notify the VILLAGE in writing within
thirty days that dependent coverage is no longer required, including due to a change in
marital status. Should the employee not notify the VILLAGE of the change, the employee
shall reimburse the VILLAGE for the amount paid for the employee's dependent insurance
coverage premium from the date of the status change.
3. Life Insurance — The VILLAGE life insurance program for PBA bargaining unit
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 employees 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 Director of Human Resource and Risk Management. 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. The Village will grant an employee paid leave for the death of an employee's family
member as follows:
• father, mother, spouse, child- four (4) work shifts, to be used within 30 days of the
date of death.
• Brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-
in-law, sister-in-law, grandparent, spouse/ domestic partner's grandparents, foster
parent, nephew, niece, aunt, uncle, first cousin, step -father, step -mother, step-
brother, step -sister or step -child of the employee, three (3) work shifts, to be used
within 30 days of the date of death.
2. A request for additional time off without pay may be granted, subject to the
discretion of the VILLAGE Manager.
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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 Police Chief 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, illness, or necessary medical treatment which precludes
the employee from reporting for duty;
B. Any injury, illness, or necessary medical treatment of an employee's spouse,
child, step -child, domestic partner, or parent who resides in the employee's
home which requires the employee's help to care for the family member or to
obtain the necessary medical treatment.
2. The employee will certify on the appropriate Leave Utilization Form upon their
return to duty that they were 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 bargaining unit members who do not
use any sick leave within any continuous six-month (6 month) period are eligible to earn
eight (8) hours of annual leave time as incentive for not using sick leave.
5. Sick leave may be accumulated with no maximum.
6. An employee with less than seven (7) years of service to the VILLAGE who
voluntarily terminates employment, or who retires or dies while in the service of the
VILLAGE, shall receive payment equal to fifty percent (50%) of their accrued sick leave, up
to a maximum payout of 240 hours (50% of 480 accrued sick leave hours).
Employees with seven (7) or more years of service to the VILLAGE shall receive payment
equal to seventy-five percent (75%) of their accrued sick leave, up to a maximum payout
of 360 hours (75% of 480 accrued sick leave hours).
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7. A deceased employee's payout for sick leave shall be paid to the estate of the
decedent. The legal determined beneficiary(ies) of any employee who dies in the active
performance of their duties will receive payment equal to 100% of that employee's unused
accrued sick leave days with no maximum payout.
8. Sick leave reimbursement benefits are as follows:
A. New hire non -probationary employees who have accrued 384 hours of sick
leave may request reimbursement for any number of sick leave hours accrued over
the minimum base of 384 hours once each fiscal year. Reimbursement by the
VILLAGE will, be on a 50% basis for every hour above the minimum.
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 Finance Director will be responsible for establishing a reimbursement
form and accounting for the base and other data necessary to financially
administer this program.
D. The employee will be required to sign a certificate/affidavit confirming that
the reimbursement for the sick leave is final and will not be subject to the grievance
process.
9. 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 their physician. In the event of a conflict of opinions, a third doctor's
opinion shall control. The third doctor shall be selected and paid for by the VILLAGE.
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10. 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 their shift for injury or illness. In such
cases, the remaining hours of the work day will be counted as sick time and those hours
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.
11. For any sick time covered by a doctor's note, there shall be no finding of abuse of
sick leave.
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ARTICLE 11 COURT APPEARANCES
1. Any member required to attend a judicial matter arising from the performance of
their duties 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 a minimum of 3 hours payment at one and one
half times the employee's 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 necessaryto 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 in the next full payroll period following completion of the
service.
4. Travel in excess of twenty (20) miles outside the perimeter of the VILLAGE shall be
compensated as one (1) hour of wages for the employee concerned.
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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 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. 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, 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, 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.
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6. Nothing in this Agreement is intended to waive or modify the rights granted to a
public employer as set forth in s. 447.209, Florida Statutes.
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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 the employees' selection of vacation schedules and overtime,
provided the Police Chief has the final authority to determine the placement of personnel
for extraordinary operational reasons and the Chief's decision in that regard is not
grievable. When the Police Chief over -rides a request based on seniority, the Chief shall
inform the requesting party in writing of the basis of the Chief's 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. Once passed, an employee is
not eligible for overtime assignment until the employee is reached again by rotation of
the wheel.
4. Scheduled overtime shall be distributed to all qualified employees who wish to
participate on the overtime wheel. If an employee refuses the employee's turn on the
wheel, the employee will be charged as if the employee 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 Police Chief 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 more senior employee has prior service in
the lower classification and that the following factors are substantially equal:
A. Sufficient ability and qualifications to perform the work, based on the
employee's personnel records.
B. Performance evaluation.
C. Physical condition and job attitude, as based on written evidence.
7. In the event of substantial inequality of the above 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 in inverse order of layoff. An employee's right to
recall ends after one year of being laid off.
9. An employee shall lose their 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 the employee's intention of returning
to work within three (3) days of receipt of recall, as verified by certified mail,
return receipt.
F. Failure to return from military leave within the time limits prescribed by law.
G. Failure to return from an authorized leave of absence upon the expiration of
such leave.
10. Seniority shall continue to accrue during all types of leave approved by the
VILLAGE.
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ARTICLE 14 PAID VACATIONS
1. Vacation hours accrue but may not be taken during the first 180 days of service
(straight days). 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 HOURS OF VACATION
Less than six (6) years
80 hours
Six (6) but less than ten (10) years 120 hours
Ten (10) years and over 160 hours
2. Vacation, sick leave, or any other paid leave, shall be included in the computation
of the one year of required full service.
3. All employees may select, once annually in January, vacations. Initial selection of
vacations will be by seniority within the classification. If a bargaining unit member
chooses to change the vacation selection, they 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 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.
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6. If employment is terminated by death, the estate of the employee shall receive
payment for the earned vacation hours.
7. Vacation hours 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 hours an employee may accrue is the unused
hours 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 hours of vacation accrued during the two-year period prior to
termination, retirement or death.
9. An employee who has used 80 hours of vacation time in a fiscal year may request
reimbursement for any unused vacation hours above the 80 hours used. Employees
requesting reimbursement must do so,, in writing on a form provided by the Director of
Human Resources and Risk Management, during the month of October immediately
following the fiscal year in which the 80 hours were used. The VILLAGE will provide
reimbursement no later than the November 30th immediately following the written
request. Reimbursement shall beat 100% of the employees' hourly rate as of September
30th of the fiscal year in which the 80 hours of vacation time were used. The employee
will be required to sign a certification/affidavit confirming that the reimbursement for the
annual vacation leave hours is final and will not be subject to the grievance process.
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ARTICLE 15 PAID HOLIDAYS
1. The Village observes the following holidays. Employees will receive eight (8) hours
of pay for each holiday day. The Village will establish when the holiday is observed if the
holiday falls on a Saturday or Sunday.
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday Following Thanksgiving Day
Christmas Eve
Christmas Day
2. When an employee works on any of the holidays (as observed by the Village) the
employee will be paid premium pay (11/z times regular pay) 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 still be paid eight (8) hours for the holiday at the employee's
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, scheduled treatments, or actual illness or injury on the day before and after
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a holiday are treated as days worked. The Village may ask for a doctor's note or other
proof of illness to verify the bargaining unit member's illness or injury.
5. In the event an employee calls out sick for all or any portion of a holiday, and the
Village then 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. Employees under in-patient care
or who are indisputably sick, including those who provide a doctor's note, 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 under Article 17.
2. For the purpose of this Article, time is considered to be of the utmost importance.
Accordingly, any grievance not submitted and/or processed by the grieving party in
accordance with the time limits provided below shall be considered exclusively
abandoned and shall be barred, forfeited and forever foreclosed for all contractual
purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not
answered or processed by the VILLAGE within the time limits provided below shall be
deemed resolved in favor of the grievant.
3. Grievances shall be presented in the following manner:
Step 1: In the event an employee covered by this Agreement believes that there is
a basis for a grievance, as that term is defined above, the employee shall first discuss the
alleged grievance with the immediate supervisor, and may be accompanied by a
representative of the employee's choice, if so desired. This first discussion shall take place
within ten (10) calendar days of the occurrence of the events which gave rise to the alleged
grievance, or within ten (10) calendar days of when the employee knew or should have
known of the existence of the events giving rise to the alleged grievance.
Step 2: In the event that the employee is not satisfied with the disposition of the
grievance at Step 1, the employee 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 the
employee's 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
(00505747.21823-9704441) April 9. 2022
W
rise to the alleged grievances; and (d) the relief requested. The formal grievance shall be
submitted to the Police Chief or the Chief's designee. The Police Chief shall, within ten
(10) calendar days after the receipt of the formal written grievance, render the 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, the employee 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
the decision on the grievance 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.
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 an 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
(00505747.2 1823.9704441) April 9, 2022
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which each party shall have the option of striking three (3) names in alternating fashion,
until the parties select a neutral or impartial arbitrator. The party striking first shall be
determined by the toss of a coin. The selection process shall occur within five (5) calendar
days of receipt of the panel list.
6. Whenever the grieving party is satisfied with the disposition of the grievance at
any step of the grievance procedure, or if the grieving party does not process the
grievance in accordance with the specified time limits, processing of the grievance by the
VILLAGE will automatically stop. However, a grieving employee may not partially accept
and partially reject a disposition of their grievance. The employee must either accept or
reject the disposition of their 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, the employee may not accept the reinstatement and continue
to grieve the loss of back pay. The employee's only choices would be to accept the
disposition of the grievance, or to remain discharged and pursue the grievance further.
7. For the purposes of this Article, the term "calendar day" is defined to include every
day except Saturdays, Sundays, and days designated as holidays by this Agreement,
regardless of whether the grievant is on duty or off duty.
8. The time limits contained herein are to be strictly adhered to and may only be
extended by written agreement between the parties.
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 their 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
{00505747.21823-9704441) ApM 9, 2022
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, as well as the expenses of obtaining a hearing room and transcript,
if ordered by the Arbitrator, will be equally divided between the parties. Any person
desiring a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such costs.
12. The arbitrator's award shall be final and binding on the parties.
13. The ASSOCIATION representative will be furnished with a copy of each grievance
filed by an employee within the bargaining unit.
14. Employees may request to have an ASSOCIATION representative present at any
step of the grievance procedure.
15. The ASSOCIATION will not be required to process the grievance of non-members.
The ASSOCIATION representative will have their name, address and all contact numbers
on file with the VILLAGE.
16. 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.
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17. 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.
18. If the VILLAGE does not agree that the matter is arbitrable, notification shall be
sent to the ASSOCIATION of such issue within ten (10) days of receipt of the
ASSOCIATION's request to proceed to arbitration. 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 (1 S) days of receipt of
the parties' submissions.
19. Whichever party loses on the issue of arbitrability shall pay the costs involved in
that proceeding.
20. 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.
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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 the Chief's designee shall
have ten (10) calendar days to review the discipline and to advise the employee that the
discipline is either (I) sustained; (ii) reversed; or (iii) modified. Failure of the 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 or employee individually may appeal any 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 16 above. The request for appointment
of an arbitrator must be made to the Village Manager in writing within ten (10) calendar
days of the Village Manager's decision. The decision of the arbitrator shall be made within
thirty (30) days following the conclusion of the hearing or the deadline for closing briefs,
whichever is later. The arbitrator may sustain, reverse, or modify the discipline which was
set by the Village Manager. The decision of the Arbitrator is final and binding on the
parties.
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5. No employee shall be subject to a disciplinary suspension of sixteen (16) hours or
more, disciplinary demotion, or termination without just cause. No employee shall be
subject to any suspension without pay or a termination without first being afforded a pre-
determination conference with the Village Manager. 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.
7. Anonymous complaints may trigger an investigation, but an anonymous complaint
alone may not be the basis of disciplinary action.
8. For the first three hundred sixty-five (365) days of consecutive service with the
VILLAGE after initial hire, an employee is probationary. That is, the employee serves at
the will and pleasure of the VILLAGE, and thus, the employee may be disciplined or
discharged without explanation or for any reason deemed sufficient by the appropriate
VILLAGE official. Accordingly, probationary employees shall have no right to utilize this
disciplinary appeals procedure for any matter concerning discharge, suspension or other
discipline.
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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, to file any grievance and to appeal
disciplinary matters to arbitration, and to express any complaint or opinion relating to
conditions of employment or compensation, through duly appointed ASSOCIATION
representation. All actions are 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) members, 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 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 the employee's right of representation. An ASSOCIATION representative
shall be permitted to accompany a fellow employee in circumstances such as:
A. The employee is required to appear at a hearing related to a grievance.
B. The employee is presenting or responding to a grievance.
C. The employee is subject to interrogation in conjunction with an internal
affairs investigation.
D. The employee is attending a pre -determination hearing.
4. The Village Manager shall be immediately notified in writing, of changes of
appointed ASSOCIATION representatives.
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5. ASSOCIATION representatives shall be permitted to wear ASSOCIATION insignia
while on duty. The insignia shall be approved by the Police Chief or the Chief's designee.
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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 mandatory subjects of bargaining or the impact of any rule change which
has the practical effect of altering the terms and conditions of employment, prior to the
implementation of such changes. Such a request for bargaining must be received within
seven (7) days after notification to the ASSOCIATION by the VILLAGE of the proposed
change.
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ARTICLE 20 BULLETIN BOARD
1. The ASSOCIATION will provide a serviceable bulletin board for its use. All materials
posted must be signed by an approved 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.
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ARTICLE 21 WORKWEEK AND OVERTIME
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, 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 provided it does so in writing delivered to the Village Manager within ten
(10) day of receipt of note.
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.
5. Employees may exchange hours subject to the approval of the Police Chief or the
Chief's designee, provided that such exchanges do not result in overtime.
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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.
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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 Director of Human Resources and Risk Management,
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
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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.
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ARTICLE 24 MEDICAL EXAMINATIONS
1) In those situations, where the VILLAGE requires a medical examination, the entire costs
shall be borne by the VILLAGE.
2) The VILLAGE will provide those vaccinations and examinations required by Section
112.18 and Section 112.181, Florida Statutes.
3) The VILLAGE may order an employee to undergo an examination to determine fitness
for duty when the VILLAGE has a reasonable suspicion that the employee is unfit to
perform their 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
B. A significant deterioration in work performance; or
C. Excessive use of sick time.
4) The VILLAGE shall provide employees with testing after exposures to certain biological
hazards while on duty. The testing shall be conducted in accordance with accepted
medical practices and shall be designed to detect the presence of the biological hazard
for which the test is conducted. The VILLAGE will provide testing to employees upon
exposure to any of the following hazards:
A. Hepatitis A, B, or C
B. Measles
C. Polio
D. Varicella
E. HIV/AIDS
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F. Heavy Metals
G. Tuberculosis
5) The VILLAGE will also provide flu shots annually for all employees, if not available to
employees at no cost through the Village's health insurance provider.
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ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE
1. An eighty-five ($85.00) dollar monthly allowance shall be paid to all members of the
bargaining unit for the repair and cleaning of clothing used in the performance of
duty. Plain clothed employees will receive an annual lump sum of $500.00, prorated
to time assigned, for the purchase of work clothing.
2. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE
at no cost to the employee.
3. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while
in the course of duty will be paid by the VILLAGE at a cost not to exceed one hundred
($100.00) dollars per item.
4. A shoe allowance of one hundred twenty-five ($125.00) dollars per year shall be paid
to all bargaining unit members during the first pay period in October.
5. Road Patrol shall be issued three (3) shirts and three (3) pair of pants annually.
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ARTICLE 26 VEHICLES AND EQUIPMENT
1. Personal Vehicles: In the event an employee (if authorized and directed in advance)
uses their 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.
2. Take Home Vehicles: VILLAGE vehicle use shall be covered by the VILLAGE'S
adopted "Village Vehicle and Take Home Vehicle Policy" (Appendix F'. The allowance of a
take home vehicle is a discretionary benefit and may be revoked by the Village Manager
when, in the Village Manager's sole discretion, the Manager determines that the take
home vehicle use is not fiscally or operationally justified.
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ARTICLE 27 WAGES
YEAR ONE
Slotting and the commencement of the compensation increases resulting from this
agreement will take effect the first full pay period following mutual ratification of this
Agreement.
Contract Implementation Payment
Each member of the bargaining unit will be compensated a lump sum non -pensionable
payment of $1,000.00 to be included in the member's first full pay period paycheck
following mutual ratification.
Slotting Into Step Pay Plan
The Step Plan is attached as Appendix B.
Employees will be slotted into the first step providing an increase in the employee's
current annual pay, as provided in Appendix C
Evaluation Based Step Increase
On their anniversary date employees who receive a satisfactory evaluation will advance to
the next step of their classification.
Employees who reached their anniversary date between 10/1/2021 and the date of mutual
ratification of this Agreement will be contemporaneously slotted and advance to the next
step of their classification.
YEAR TWO
Employees will advance to the next step of their classification on the employee's
anniversary date.
(00505747.21823-9704441) April 9, 2022
M�i
YEAR THREE
Employees will advance to the next step of their classification on the employee's
anniversary date.
Steps Contingent of Evaluation
Employee step increases are contingent on the employee's individual, weighted
performance review evaluation, for which relevant forms are attached as Composite
Appendix D. Employees will be entitled to their annual step increase if they receive a
weighted performance evaluation score of "Satisfactory" or above. If the employee
receives a weighted evaluation less than "Satisfactory, then the employee will be given
one (1) opportunity to raise such deficient evaluation for purposes of receiving the step
increase for that pay year as follows:
An employee who receives a weighted performance evaluation rating that is below
"satisfactory" will meet with that employee's first -level supervisor, and the
supervisor will provide the employee with specific performance improvement
goals. The employee will be re-evaluated ninety (90) days following this counseling
session. If the employee's weighted performance score increases to "Satisfactory"
or above, then the employee will receive the step increase the next full pay period
after achieving a Satisfactory review.
No Increases Over Top Out
No employee will receive a base wage increase or lump sum payment over the top pay
for the employee's classification in the Village step plan.
New Hire Compensation
The minimum step established for the bargaining unit positions in the VILLAGE step plan
shall be paid upon employment to "new hire" employees, except that a higher step may
be paid when the entry step 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 attract adequate personnel at the entry level step. The
Police Chief shall address in their justification the steps of current members of the
department who have comparable years of service as the recommended new hire.
Assignment Pay
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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.
Assignments are discretionary temporary appointments by the Police Chief. The
appointment to or removal from an assignment is not subject to grievance or appeal. An
employee may not receive added compensation for more than two (2) assignment pay
categories (canine excluded).
Take Home Vehicle Payroll Deductions:
All employees using a take-home vehicle must sign and submit to the Finance Department
the attached Take -Home Vehicle Payroll Deduction Form (Appendix G) upon being
eligible for a take-home vehicle in accordance with the parameters of the Village Vehicle
and Take Home Policy. The employee shall be charged the following amount by payroll
deduction, depending on how far the employee lives from their work location, for the
ability to use a take-home vehicle:
0-25 miles $0 per pay period
Over 25 Miles to 30 Miles $35 per pay period
Over 30 Miles to 45 Miles $60 per pay period
Over 45 miles $85 per pay period
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ARTICLE 28 PENSION
1. Retirement benefits for PBA bargaining unit members are as set forth in Chapter 2,
Article V, Division 4. of the Village Code of Ordinances.
2. The following amendments to benefits and contributions will take effect during the
term of this Agreement:
A. The 75% pension maximum monthly pension benefit cap will be increased to 80%
of AME for employees who retire after 10/1/22 ME; and
B. the multiplier increased from 2.75% to 3% for years of service after 10/1/2022; and
C. Employee contributions will increase:
From 7% to 8.5% 10/1/2022; and
From 8.5% to 10% 10/1/2023.
3. Funds received from the State of Florida (175 and 185 money) will be applied to reduce
Village required annual payment to pension fund.
4. Each employee who is a member of the Board of Trustees of the Village of North
Palm Beach Fire and Police Retirement Fund shall be granted twenty-four (24) hours of
administrative leave with pay each calendar year in order to allow the employee to attend
educational seminars or conferences related to the performance of their duties as a
trustee or pension benefits or issues.
5. The VILLAGE shall match bargaining unit employee contributions to a VILLAGE
approved Chapter 457 Deferred Compensation Plan at a rate fifty cents ($0.50) for every
one dollar ($1.00) contributed to such plan up to a maximum of ($120) dollars per month
($1440 annually) to be contributed by the VILLAGE on behalf of each bargaining unit
employee.
6. Pension benefits for employees is codified in the Village Code of Ordinances,
Article V, Division 4. See Appendix E.
C Plan will be amended to reflect bargaining outcome with Police and Fire Unions
(00505747.21823-9704441) April 9, 2022
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7. All DROP program benefits and contributions will remain the same.
8. The definition of "Earnings" will include up to 300 hours of overtime compensation.
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ARTICLE 29 TRAINING
1. The VILLAGE will provide one week's advance notice for any training scheduled for
weekends.
2. Any training beyond Miami -Dade, Broward, Martin, St. Lucie, and Palm Beach
County will allow for an overnight stay paid for by the VILLAGE. When training in Miami -
Dade County involves a two-day class, the night between the training days will allow for
an overnight stay paid for by the VILLAGE.
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ARTICLE 30 PROBATIONARY EMPLOYEES
1. All new employees shall be designated as probationary employees and will 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.
During probation, employees are "at will" employees who may be terminated with or
without a statement of cause.
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 suitability for
Village employment.
4. Upon the satisfactory completion of the probationary period, the employee shall
attain regular status.
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ARTICLE 31 RIGHTS WHILE UNDER INVESTIGATION
Nothing in this Agreement is intended to limit or expand the rights or remedies
provided to a law enforcement officer who is under investigation as set forth in sections
112.532, Florida Statutes, as amended from time to time. For ease of reference, the statute
is incorporate herein as Appendix A. Inclusion of this reference does not create a right to
grieve or appeal a violation of statute through either the grievance (Article 16) or
disciplinary appeal (Article 17) procedures set forth in the Agreement, but violations of
these rights may be raised as evidence in a matter subject to grievance or disciplinary
appeal.
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ARTICLE 32 POLICE OFFICER TRAINEE PROGRAM
The VILLAGE may offer a Police Officer Trainee Program, designed to recruit and
incentivize quality employees.
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ARTICLE 33 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. 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.
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.
4. Nothing in this Article shall be construed to diminish or affect the Association's
right to request bargaining on new issues surrounding mandatory subjects of bargaining
or to request impact bargaining. Correspondingly, nothing in this agreement shall be
construed as a waiver or limitation on the Village's management rights as granted by
§447.203, Florida Statutes.
{00505747.21823-9704441} April 9, 2022
54
ARTICLE 34 DURATION
1. This three-year Agreement shall be effective from date of ratification by both
parties, and it remains in full force and effect until the thirtieth (30th) day of September
2024,
2. No employee will receive a salary increase or lump sum payment other than an
adjustment that results from a promotion or demotion, or a cost of living adjustment
beyond September 30, 2024, except as provided in a subsequent Collective Bargaining
Agreement as negotiated and ratified by the parties.
3. The VILLAGE and the PBA will commence bargaining for a successor agreement on
or about May 30th, 2024. The Parties agree to discuss and consider anniversary step
increases for those whose anniversary dates fall between October 1, 2024, and May of
2025.
{00505747.21823-9704441} Apd19,2022
55
SIGNATURE PAGE
THE VILLAGE OF NORTH PALM BEACH
a.
.d
Village Manager
Jssi a Green, Village Clerk
PALM BEACH COUNTY POLICE
BENEVO�EN,T ASSOCIATION, INC.
John K --�
Preside t, Palm Beach County Police Benevolent Association, Inc.
Date of ratification by Bargaining Unit: L41) 2- Z'Z
'22 -
Date of ratification by the VILLAGE COUNCIL: ___L 1 1'10
{00505747.2 1823-9704441} April 9, 2022
56
APPENDICES
Appendix A
Law Enforcement Officers Bill of Rights
Appendix B
Step Plan
Appendix C
Slotting Plan
Appendix D
Composite Evaluation Forms
Appendix E
Pension Plan
Appendix F
Village Vehicle and Take Home Vehicle Policy
Appendix G
Take -Home Vehicle Payroll Deduction Form
{00505747.21823-9704441} April 9, 2022
Ph
.APPENDIX A
112.532. Law enforcement officers' and correctional officers' rights
All law enforcement officers and correctional officers employed by or appointed to a law enforcement agency or a
correctional agency shall have the following rights and privileges:
(1) Rights of law enforcement officers and correctional officers while under investigation. --Whenever a law
enforcement officer or correctional officer is under investigation and subject to interrogation by members of his or her agency
for any reason that could lead to disciplinary action, suspension, demotion, or dismissal, the interrogation must be conducted
under the following conditions:
(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer or
correctional officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is
required.
(b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the
local precinct, police unit, or correctional unit in which the incident allegedly occurred, as designated by the investigating
officer or agency.
(c) The law enforcement officer or correctional 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 interrogation shall be asked by or through one interrogator during any one
investigative interrogation, unless specifically waived by the officer under investigation.
(d) The law enforcement officer or correctional officer under investigation must be informed of the nature of the investigation
before any interrogation begins, and he or she must be informed of the names of all complainants. All identifiable witnesses
shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The
complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence,
including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident
under investigation, must be provided to each officer who is the subject of the complaint before the beginning of any
investigative interview of that officer. An officer, after being informed of the right to review witness statements, may
voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time.
(e) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest
periods as are reasonably necessary.
t0)5Ci557•l,2, 132)'3 97 144; i
(f) The law enforcement officer or correctional officer under interrogation may not be subjected to offensive language or be
threatened with transfer, dismissal, or disciplinary action. A promise or reward may not be made as an inducement to answer
any questions.
(g) The formal interrogation of a law enforcement officer or correctional officer, including all recess periods, must be
recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no
unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any recording of the interrogation
session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following
said interrogation.
(h) If the law enforcement officer or correctional officer under interrogation is under arrest, or is likely to be placed under
arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights before commencing the
interrogation.
(i) At the request of any law enforcement officer or correctional officer under investigation, he or she has the right to be
represented by counsel or any other representative of his or her choice, who shall be present at all times during the
interrogation whenever the interrogation relates to the officer's continued fitness for law enforcement or correctional service.
0) Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline
or to pursue criminal charges against an officer.
(2) Complaint review boards. --A complaint review board shall be composed of three members: One member selected by
the chief administrator of the agency or unit; one member selected by the aggrieved officer; and a third member to be selected
by the other two members. Agencies or units having more than 100 law enforcement officers or correctional officers shall
utilize a five -member board, with two members being selected by the administrator, two members being selected by the
aggrieved officer, and the fifth member being selected by the other four members. The board members shall be law
enforcement officers or correctional officers selected from any state, county, or municipal agency within the county. There
shall be a board for law enforcement officers and a board for correctional officers whose members shall be from the same
discipline as the aggrieved officer. The provisions of this subsection shall not apply to sheriffs or deputy sheriffs.
(3) Civil suits brought by law enforcement officers or correctional officers. --Every law enforcement officer or
correctional officer shall have the right to bring civil suit against any person, group of persons, or organization or corporation,
or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance
of the officer's official duties, for abridgment of the officer's civil rights arising out of the officer's performance of official
duties, or for filing a complaint against the officer which the person knew was false when it was filed. This section does not
establish a separate civil action against the officer's employing law enforcement agency for the investigation and processing
of a complaint filed under this part.
(4) Notice of disciplinary action; copy of and opportunity to address contents of investigative file; confidentiality. -
2
(a) A dismissal, demotion, transfer, reassignment, or other personnel action that might result in loss of pay or benefits or that
might otherwise be considered a punitive measure may not be taken against any law enforcement officer or correctional
officer unless the law enforcement officer or correctional officer is notified of the action and the reason or reasons for the
action before the effective date of the action.
(b) Notwithstanding s. 112.533(2), whenever a law enforcement officer or correctional officer is subject to disciplinary action
consisting of suspension with loss of pay, demotion, or dismissal, the officer or the officer's representative shall, upon
request, be provided with a complete copy of the investigative file, including the final investigative report and all evidence,
and with the opportunity to address the findings in the report with the employing law enforcement agency before imposing
disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. The contents of the complaint and
investigation shall remain confidential until such time as the employing law enforcement agency makes a final determination
whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. This
paragraph does not provide law enforcement officers with a property interest or expectancy of continued employment,
employment, or appointment as a law enforcement officer.
(5) Retaliation for exercising rights. --No law enforcement officer or correctional officer shall be discharged; disciplined;
demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his or her employment
or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by this part.
(6) Limitations period for disciplinary actions.--
(a)
ctions:-
(a) Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissal may not be undertaken by
an agency against a law enforcement officer or correctional officer for any act, omission, or other allegation or complaint of
misconduct, regardless of the origin of the allegation or complaint, if the investigation of the allegation or complaint is not
completed within 180 days after the date the agency receives notice of the allegation or complaint by a person authorized by
the agency to initiate an investigation of the misconduct. If the agency determines that disciplinary action is appropriate, it
shall complete its investigation and give notice in writing to the law enforcement officer or correctional officer of its intent to
proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if
applicable. Notice to the officer must be provided within 180 days after the date the agency received notice of the alleged
misconduct, regardless of the origin of the allegation or complaint, except as follows:
1. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law
enforcement officer or correctional officer.
2. The running of the limitations period is tolled during the time that any criminal investigation or prosecution is pending in
connection with the act, omission, or other allegation of misconduct.
3. If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations period
is tolled during the period of incapacitation or unavailability.
4. In a multijurisdictionaI investigation, the limitations period may be extended for a period of time reasonably necessary to
facilitate the coordination of the agencies involved.
5. The running of the limitations period may be tolled for emergencies or natural disasters during the time period wherein the
Governor has declared a state of emergency within the jurisdictional boundaries of the concerned agency.
6. The running of the limitations period is tolled during the time that the officer's compliance hearing proceeding is
continuing beginning with the filing of the notice of violation and a request for a hearing and ending with the written
determination of the compliance review panel or upon the violation being remedied by the agency.
(b) An investigation against a law enforcement officer or correctional officer may be reopened, notwithstanding the
limitations period for commencing disciplinary action, demotion, or dismissal, if:
1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation.
2. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted
from the predisciplinary response of the officer.
Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within
90 days after the date the investigation is reopened.
{00505571.2. 1823-9704.1.11! 4
APPENDIX B - STEP PLAN
Pay Schedule for Fiscal Year 2021-2022
RECORDS CLERK POLICE OFFICER
SERGEANT
STEP
PAY STEP
PAY
STEP
PAY
1
$51,809.20 1
$60,541.32
1
$76,432.02
2
$53,581.07 2
$62,660.27
2
$79,107.14
3
$55,413.55 3
$64,853.38
3
$81,875.89
4
$57,308.69 4
$67,123.25
4
$84,741.55
5
$59,268.65 5
$69,472.56
5
$87,707.50
6
$61,295.64 6
$71,904.10
6
$90,777.27
7
$63,391.95 7
$74,420.74
7
$93,954.47
8
$65,559.95 8
$77,025.47
8
$97,242.88
9
$67,802.10 9
$79,721.36
9
$100,646.38
10
$70,120.93 10
$82,511.61
10
$104,169.00
11
$72,519.07 11
$85,399.51
11
$1.07,814.92
12
$74,999.22 12
$88,388.50
12
$111,588.44
13
$77,564.19 13
$911482.09
13
$115,494.03
14
$80,216.89 14
$94,683.97
14
$119,536.33
15
$82,894.71 15
$97,997.91
15
$123,720.10
Pay Schedule for Fiscal Year 2022-2023
RECORDS CLERK
POLICE OFFICER
SERGEANT
STEP
PAY
STEP
PAY
STEP
PAY
1
$51,809.20
1
$62,962.98
1
$79,489.30
2
$53,581.07
2
$65,166.68
2
$82,271.43
3
$55,413.55
3
$67,447.51
3
$85,150.93
4
$57,308.69
4
$69,808.18
4
$88,131.21
5
$59,268.65
5
$72,251.46
5
$91,215.80
6
$61,295.64
6
$74,780.26
6
$94,408.36
7
$63,391.95
7
$77,397.57
7
$97,712.65
8
$65,559.95
8
$80,106.49
8
$101,132.59
9
$67,802.10
9
$82,910.21
9
$104,672.23
10
$70,120.93
10
$85,812.07
10
$108,335.76
11
$72,519.07
11
$88,815.49
11
$1121127.51
12
$74,999.22
12
$91,924.04
12
$116,051.98
13
$77,564.19
13
$95,141.38
13
$120,113.80
14
$80,216.89
14
$98,471.33
14
$124,317.78
15
$82,894.71
15
$101,917.82
15
$128,668.90
APPENDIX B — STEP PLAN
Pay Schedule for Fiscal Year 2023-2024
RECORDS CLERK
POLICE OFFICER
SERGEANT
STEP
PAY
STEP
PAY
STEP
PAY
1
$51,809.20
1
$65,481.49
1
$82,668.88
2
$53,581.07
2
$67,773.35
2
$85,562.29
3
$55,413.55
8
$70,145.41
3
$88,556.97
4
$57,308.69
4
$72,600.50
4
$91,656.46
5
$59,268.65
5
$75,141.52
5
$94,864.44
6
$61,295.64
6
$77,771.47
6
$98,184.69
7
$63,391.95
7
$80,493.48
7
$101,621.16
8
$651559.95
8
$83,310.75
8
$105,177.90
9
$67,802.10
9
$86,226.62
9
$108,859.12
10
$70,120.93
10
$89,244.56
10
$112,669.19
11
$72,519.07
11
$92,368.11
11
$116,612.61
12
$74,999.22
12
$95,601.00
12
$120,694.06
13
$77,564.19
13
$98,947.03
13
$124,918.35
14
$80,216.8.9
14
$102,410.18
14
$129,290.49
15
$82,894.71
15
$105,994.54
15
$133,815.66
APPENDIX C - INITIAL SLOTTING
LAST NAME
FIRST NAME
POSITION INITIAL STEP
MEKOLIAVITCH
STEVEN
SERGEANT 14
KOENIG
KEITH
SERGEANT 14
PEARSON
LOUIS
SERGEANT 14
ORTIZ-ADARMES
JAVIER
SERGEANT 13
CIEZAK
EDWARD
SERGEANT 6
COUNCIL
ANDREW
SERGEANT 12
METAYER
ROSEMITH
RECORDS CLERK 12
STEADS
RODERICK
POLICE OFFICER 14
HACHIGIAN
GEORGE
POLICE OFFICER 14
ABRAMCZYK
MICHAEL
POLICE OFFICER 14
MIZE
MICHAEL
POLICE OFFICER 14
BEARSBY
KEVIN
POLICE OFFICER 14
MILLER
STEVEN
POLICE OFFICER 14
ALDRIDGE
ZACHARY
POLICE OFFICER 14
COLLURA
YESENIA
POLICE OFFICER 11
LOPEZ
GEORGE
POLICE OFFICER 11
JOHNSON
RUSSELL
POLICE OFFICER 7
LEW
GARY
POLICE OFFICER 6
BUSSEK
DANIEL
POLICE OFFICER 6
NEWMAN
JENNIFER
POLICE OFFICER 5
DAVIS
TREVOR
POLICE OFFICER 3
PRUD'HOMME
DANIEL
POLICE OFFICER 4
PEREZ
CHRISTOPHER
POLICE OFFICER 4
HERNANDEZ
NICHOLAS
POLICE OFFICER 4
WRIGHT
JAMES
POLICE OFFICER 1
TRIMBLE
DELANEY
POLICE OFFICER 1
RIGGOTT
KATELYN
POLICE OFFICER 1
MILORD
JHAMIL
POLICE OFFICER 1
SOUTHER
AUSTIN
POLICE OFFICER 1
BLUM
SAVANNAH
POLICE OFFICER 1
VITHOULKAS
KONSTANTIN
POLICE OFFICER 8
TONKIN
JOVICA
POLICE OFFICER 1
NAME:
REVIEW PERIOD:
TITLE:
INDIVIDUAL Performance Review Form
to
DEPT:
REVIEW DATE:
REVIEWER NAME:
TYPE OF EVAULATION: () Annual () Probationary () Preliminary/Special RATING:
PERFORMANCE RATING DEFINTIONS
EXCEPTIONAL (5) Outstanding performance that results in extraordinary and exceptional accomplishments with
significant contributions to objectives of the department, division or Village. Performance serves a benchmark for
others in the organization.
ABOVE AVERAGE (4) Consistently generates results above those expected of the position. Contributes in an
above average manner to innovations both technical and functional.
SATISFACTORY (3) Good performance while fulfilling all position requirements and may on occasion generate
results above those expected of the position.
DEVELOPMENT REQUIRED 1 NEEDS IMPROVEMENT (2) Performance leaves room for improvement. This
performance level may be the result of new or inexperienced employee on the job or an employee not responding
favorably to instruction.
UNACCEPTABLE (1) Lowest performance level which is clearly less than acceptable and is obviously well
below minimum position requirements. Situation requires immediate review and action. Possible separation or
reassignment is in order without significant and immediate performance improvement.
MANAGERIAL COMMENTS
Noteworthy and strong areas of performance:
Areas requiring improvement in performance:
If applicable, what has the employee done to improve performance from the previous review
or onset of employment if no previous reviews have been conducted?
Developmental Plans:
Employee Signature*
Date
Reviewer Signature
Date
Department Head Signature Date
'Note: Employee's signature does not signify agreement with the supervisor's rating, but indicates that the evaluation has been discussed with the
employee.
J. JOB KNOWLEDGE (3)
5 Expert in job; has thorough grasp of all phases of job.
--
4 Very well informed, seldom requires assistance and
Exhibits knowledge of services, policies and
instruction.
procedures; proficient with techniques, skills,
3 Satisfactory job knowledge; understands and performs most
depended upon to perform work free of
phases of job well, occasionally requires assistance or
equipment and materials. Serves as a
instruction.
resource for others.
2 Limited knowledge of job, further training required; frequently
COMMENTS:
requires assistance or instruction.
1 Lacks knowledge to perform job properly.
COMMENTS:
RATING:
2. QUANTITY & QUALITY OF WORK (3)
5 High volume producer; always does more than is expected or
--
required; highest quality; beats deadlines.
Volume of work produced by the employee,
4 Produces more than most; very reliable, above average,
usually persists in spite of difficulties. Meets deadlines.
The extent to which the employee can be
3 Handles a satisfactory volume of work, occasionally does
depended upon to perform work free of
more than is required. Usually gets the job done on time and
errors, mistakes and completed on time.
produces error free work.
2 Barely acceptable, low output, below average. Sometimes
COMMENTS:
unreliable, frequent errors; satisfied to do the bare minimum.
1 Extremely low output, not acceptable, excessive errors and
mistakes; very poor quality; gives up easily.
COMMENTS:
RATING:
3. CREATIVITY (1)
drive and perseverance; anticipates
5 Displays inventive frequently
needed actions, suggests better ways of doing things.
4 Progressive, makes some suggestions for improvement.
Uses innovative, out-of-the-box thinking, taking
3 Very good performance; shows creativity in completing tasks.
intelligent risks, looking for benchmarks and best
2 Does not proceed on own, must be directed; lacks inspiration.
in class ideas to achieve quality results.
1 No innovation, less than satisfactory performance.
COMMENTS:
RATING:
4. JUDGMENT (2)
5 Uses exceptionally good judgment when analyzing facts and
solving problems. Always acts safely.
Works harmoniously with others in getting a
4 Above average judgment and decision-making. Acts with
job done. Readiness to respond positively to
safety in mind.
Makes decisions which are sound. Ability to
"
base decisions on fact rather than emotion.
3 Handles most situations very well and makes sound, safe
decisions under normal circumstances.
Makes safety a priority.
2 Indifferent; makes little effort to cooperate or is disruptive to
COMMENTS:
2 Uses questionable judgment at times, room for improvement.
Lacks focus on safety.
COMMENTS:
1 Uses poor judgment and safety when dealing with people and
situations.
COMMENTS:
RATING:
5. TEAMWORK (3)
5 Goes out of the way to cooperate and work well with overall
group or department.
Works harmoniously with others in getting a
4 Very cooperative; stimulates teamwork and good attitude with
others.
job done. Readiness to respond positively to
3 Very good performance; shows initiative in completing tasks.
than reacting to them. Initiates new actions
3 Cooperative; gets along well with others.
instructions and procedures.
2 Does not proceed on own, must be directed; lacks initiative.
2 Indifferent; makes little effort to cooperate or is disruptive to
COMMENTS:
the overall group or department.
1 Negative attitude and difficult to collaborate with.
COMMENTS:
RATING:
6. INITIATIVE (3)
5 .Displays drive and perseverance; anticipates needed actions,
frequently suggests better ways of doing things.
Takes responsibility for task or plan from start
4 Self-starter; proceeds on own with little or no direction,
progressive, makes some suggestions for improvement.
to completion. Anticipates situations rather
3 Very good performance; shows initiative in completing tasks.
than reacting to them. Initiates new actions
or plans within scope of job.
2 Does not proceed on own, must be directed; lacks initiative.
1 No initiative, less than satisfactory performance.
COMMENTS:
RATING:
7. COMMUNICATION (2)
5 Always expresses message clearly in verbal and written
—
means to intended audience. Expert active listener.
Understands complex messages and instructions.
Always puts the customer first. Works to provide
4 Above average listening, comprehension and
Clearly conveys information with appropriate
communication skills.
purpose and detail. Matches communication
3 Able to express personal viewpoint. Consistently attempts to
style with audience. Listens effectively and
engage in active listening. Readily comprehends written and
responsiveness, and timeliness.
verbal instructions when first presented.
responds to input.
2 Lacking in concern for customer. Misses cues and customer
2 Has difficulty with facts, ideas and/or questions.
Misinterprets or is slow to comprehend instructions.
1 Does not communicate or does so poorly
COMMENTS:
RATING:
8. CUSTOMER FOCUS (3)
S Always provides excellent service to all customers, frequently
—
going beyond what is required. Responds to customer requests
with high degree of sensitivity and a sense of urgency
Always puts the customer first. Works to provide
4 Provides sound and above average customer service.
Responds to customer requests exceeding expectations.
the highest quality service with respect,
3 Usually identifies customer need. Usually is responsive,
responsiveness, and timeliness.
positive and flexible in meeting customer expectations.
2 Lacking in concern for customer. Misses cues and customer
expectations.
1 Unacceptable customer focus. Receives customer
complaints.
COMMENTS:
RATING:
EMPLOYEE COMMENTS:
NAME:
REVIEW PERIOD:
TITLE:
SUPERVISOR / MANAGER Performance Review Form
to
DEPT:
REVIEW DATE:
REVIEWER NAME:
TYPE OF EVAULATION: () Annual () Probationary () Preliminary/Special RATING:
PERFORMANCE RATING DEFINTIONS
EXCEPTIONAL (5) Outstanding performance that results in extraordinary and exceptional accomplishments with
significant contributions to objectives of the department, division or Village. Performance serves a benchmark for
others in the organization.
ABOVE AVERAGE (4) Consistently generates results above those expected of the position. Contributes in an
above average manner to innovations both technical and functional.
SATISFACTORY (3) Good performance while fulfilling all position requirements and may on occasion generate
results above those expected of the position.
DEVELOPMENT REQUIRED / NEEDS IMPROVEMENT (2) Performance leaves room for improvement. This
performance level may be the result of new or inexperienced employee on the job or an employee not responding
favorably to instruction.
UNACCEPTABLE (1) Lowest performance level which is clearly less than acceptable and is obviously well
below minimum position requirements. Situation requires immediate review and action. Possible separation or
reassignment is in order without significant and immediate performance improvement.
DIRECTOR COMMENTS
Noteworthy and strong areas of performance:
Areas requiring improvement in performance:
What has the employee done to improve performance from the previous review?
Developmental Plans:
Employee Signature Date
Department Head Signature
Date
1. JOB KNOWLEDGE (2)
5 Expert in job; has thorough grasp of all phases of job.
4 Very well informed, seldom requires assistance and
Exhibits knowledge of services, policies and
instruction.
procedures; proficient with techniques, skills,
3 Satisfactory job knowledge; understands and performs most
can be depended upon to perform work free
phases of job well, occasionally requires assistance or
equipment and materials. Serves as a
instruction.
resource for others.
2 Limited knowledge of job; further training required; frequently
requires assistance or instruction.
COMMENTS:
1 Lacks knowledge to perform job properly,
COMMENTS:
RATING:
2. QUANTITY & QUALITY OF WORK (1)
5 High volume producer; always does more than is expected or
required; highest quality; beats deadlines.
Volume of work product produced by the
4 Produces more than most; very reliable, above average,
usually persists in spite of difficulties. Meets deadlines.
employee. The extent to which the employee
3 Handles a satisfactory volume of work, occasionally does
can be depended upon to perform work free
more than is required. Usually gets the job done on time and
of errors, mistakes and completed on time,
produces error -free work.
in class ideas to achieve quality results.
2 Barely acceptable, low output, below average. Sometimes
unreliable, frequent errors; satisfied to do the bare minimum.
COMMENTS:
1 Extremely low output, not acceptable, excessive errors and
mistakes; very poor quality; gives up easily.
COMMENTS:
RATING:
3. CREATIVITY (1)
5 Displays inventive drive and perseverance; anticipates
needed actions, frequently suggests better ways of doing things.
4 Progressive, makes some suggestions for improvement.
Uses innovative, out-of-the-box thinking, taking
3 Very good performance; shows creativity in completing tasks.
intelligent risks, looking for benchmarks and best
2 Does not proceed on own, must be directed; lacks inspiration.
in class ideas to achieve quality results.
1 No innovation, less than satisfactory performance.
COMMENTS:
RATING:
4. TEAMWORK (2)
5 Goes out of the way to cooperate and work well with overall
—
group or department.
Works harmoniously with others in getting a
4 Very cooperative; stimulates teamwork and good attitude with
others.
job done. Readiness to respond positively to
3 Very good performance; shows initiative in completing tasks.
instructions and procedures.
3 Cooperative; gets along well with others.
or plans within scope of job.
2 Indifferent; makes little effort to cooperate or is disruptive to
style with audience. Listens effectively and
the overall group or department.
COMMENTS:
1 Negative attitude and difficult to collaborate with.
COMMENTS:
RATING:
5. INITIATIVE (1)
5 Displays drive and perseverance; anticipates needed actions,
—
frequently suggests better ways of doing things.
Takes responsibility for task or pian from start
4 Self-starter; proceeds on own with little or no direction,
progressive, makes some suggestions for improvement.
to completion. Anticipates situations rather
3 Very good performance; shows initiative in completing tasks.
than reacting to them. Initiates new actions
communication skills.
or plans within scope of job.
2 Does not proceed on own, must be directed; lacks initiative.
style with audience. Listens effectively and
1 No initiative, less than satisfactory performance.
COMMENTS:
RATING:
6. COMMUNICATION (2)
5 Always expresses message clearly in verbal and written
—
means to intended audience. Expert active listener.
Understands complex messages and instructions.
4 Above average listening, comprehension and
Clearly conveys information with appropriate
communication skills.
purpose and detail. Matches communication
3 Able to express personal viewpoint. Consistently attempts to
style with audience. Listens effectively and
engage in active listening. Readily comprehends written and
verbal instructions when first presented.
responds to input.
2 Has difficulty with facts, ideas and/or questions.
Misinterprets or is slow to comprehend instructions.
1 Does not communicate or does so poorly
COMMENTS:
RATING:
7. CUSTOMER FOCUS (2)
5 Always provides excellent service to all customers, frequently
--
going beyond what is required. Responds to customer requests
The ability to create a motivating climate, achieve
with high degree of sensitivity and a sense of urgency
Always puts the customer first. Works to provide
4 Provides sound and above average customer service.
the highest quality service with respect,
Responds to customer requests exceeding expectations.
responsiveness, and timeliness.
3 Usually identifies customer need. Usually is responsive,
positive and flexible in meeting customer expectations.
to assume accountability.
2 Lacking in concern for customer. Misses cues and customer
supervision required and extent to which employee
expectations.
can be trusted to carry out assignments effectively.
1 Unacceptable customer focus. Receives customer
COMMENTS:
complaints.
COMMENTS:
RATING:
8. PLANNING & ORGANIZING (3)
5 Exceptionally good planning and organizing skills.
4 Above average planning and organizing. Usually carries out
The ability to create a motivating climate, achieve
assignments effectively.
The ability to analyze work, set goals, develop plans
Occasionally requires guidance. Generally holds self and team
3 Average planning and organizing. Occasionally requires assistance.
of action, optimally utilizes time. Consider amount of
to assume accountability.
2 Room for improvement. Frequently requires assistance.
supervision required and extent to which employee
accountability.
can be trusted to carry out assignments effectively.
1 Unacceptable planning and organizing skills.
COMMENTS:
accountability. Directing and delegating skills are unacceptable.
RATING:
9. SUPERVISING & DELEGATING (3)
5 Exceptional leader; others look up to this employee.
4 Above average. Usually motivational. Exhibits accountability.
The ability to create a motivating climate, achieve
3 Average directing and delegating in work group.
teamwork, train and develop, measure work in
Occasionally requires guidance. Generally holds self and team
accountable.
progress, take corrective action. Inspires employees
to assume accountability.
2 Needs to improve management, motivational skills and
accountability.
1 Sometimes needs to be reminded of leadership role. Avoids
accountability. Directing and delegating skills are unacceptable.
COMMENTS:
RATING:
10. DECISION MAKING (3)
5 Uses exceptionally good judgment when analyzing facts and
solving problems which are made in a timely manner. Actively
promotes and models safe behavior.
Obtains and thoroughly analyzes facts; takes
4 Above average decision making abilities. Usually makes
immediate corrective action; uses resources and
sound and timely decisions. Acts with safety in mind.
techniques to develop sound solutions based on
3 Average. Sometimes requires assistance in making
facts rather than emotion while foreseeing possible
decisions.
consequences. Makes safety a priority.
2 Uses questionable judgment at times, room for improvement.
Lacks focus on safety.
1 Uses poor judgment; lacking in timeliness and safety when
dealing with people and situations.
COMMENTS:
RATING:
EMPLOYEE COMMENTS:
k �,/ C-
IL!�L
ORDINANCE NO. 2019-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING DIVISION 4, "PENSION
AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES,"
OF ARTICLE V. "PENSIONS AND RETIREMENTS SYSTEMS," OF
CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF
ORDINANCES TO IMPLEMENT CHANGES TO RETIREMENT BENEFITS
RESULTING FROM COLLECTIVE BARGAINING 'WITH THE UNIONS
REPRESENTING THE VILLAGE'S FIREFIGHTER EMPLOYEES (IAFF)
AND POLICE OFFICER EMPLOYEES (PBA); PROVIDING FOR
AMENDMENTS AFFECTING THE CALCULATION OF POLICE OFFICER
AND FIREFIGHTER RETIREMENT BENEFITS; PROVIDING FOR AN
INCREASE TO THE MULTIPLIER USED TO CALCULATE BENEFITS;
ESTABLISHING A 75% CAP ON RETIREMENT BENEFITS; INCREASING
EMPLOYEE CONTRIBUTION RATES; CREATING A DEFERRED
RETIREMENT BENEFIT PLAN (DROP); APPLYING THE USE OF
INSURANCE PREMIUM TAX REVENUE TO THE VILLAGE'S ANNUAL
RETIREMENT CONTRIBUTION; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, collective bargaining with the Unions that represent the Village's firefighter and
police officer employees has been concluded with the ratification of new Collective Bargaining
Agreements by the Village Council and the bargaining units; and
WHEREAS, the new Collective Bargaining Agreements provide for amendments to the
retirement benefits for police officers and firefighters; and
WHEREAS, a majority of bargaining unit employees ratified their respective Agreements,
including the provisions for increasing employee contributions; and
WHEREAS, the Village Council finds that the retirement benefit amendments hereinafter
described are fully consistent with the new Collective Bargaining Agreements; and
WHEREAS, Village Administration has complied with all conditions precedent to the adoption
of a pension plan amendment as required by Florida Statutes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests
of the public health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated
�.. herein.
Page 1 of 11
Section 2. The Village Council hereby amends Chapter 2, "Administration," Article V,
"Pensions and Retirement Systems," Division 4, "Pension and Certain Other Benefits for Fire
and Police Employees," of the Village Code of Ordinance as follows (new language is
underlined and deleted language is sal ):
Sec. 2-159. Creation of trust and definitions.
(a) Creation of trust. A pension and retirement system for full-time
firefighters and police officers of the village is hereby established to provide
retirement, survivor and disability benefits as provided by this division. The
system shall be known as the Village of North Palm Beach Fire and Police
Retirement Fund and is intended to be a tax qualified plan under Internal Revenue
Code Section 401(a) and meet the requirements of a governmental plan as defined
in Internal Revenue Code Section 414(d).
(b) Definitions. As used herein, unless otherwise defined or required
by the context, the following words and phrases shall have the meaning indicated:
Accrued benefit means the portion of a member's normal retirement
benefit which is considered to have accrued as of any date. A member's accrued
benefit for years of credited service earned before October 1, 2018 as ef ane
shall be equal to the sum of 'twe and ene half (2 Z) 2.50 percent of his the
member's average monthly earnings multiplied by his the member's credited
service for the first twenty-four (24) years; zero (0) percent of his the member's
average monthly earnings multiplied by the member's credited service for each
year after twenty-four (24) years up to thirty (30) years; and two (2) percent of his
the member's average monthly earnings multiplied by the members credited
service for each year in excess of thirty (30) years. A member's accrued benefit
for years of credited service earned on and after October 1, 2018 (provided_ the
member was employed by the Village on or after Jul 11 2019) shall be a ual to
2.75 percent per year of service The total accrued benefit shall not be greater
than 75.00 percent of average monthly earnings at the time of retirement
(including entry into the DROP but in all cases the accrued benefit earned on
and after October 1, 2018 shall be at least 2.75 percent per year of service on and
after October 1, 2018._ For purposes of this calculation, average monthly earnings
and credited service as of the date of determination shall be used. The accrued
benefit is considered to be payable in the plan's normal form commencing on the
member's normal retirement date, with such date determined as through the
member remains in full-time employment with the employer.
Accumulated contributions means a member's own contributions plus
interest credited thereto, if any, by the board.
Actuarial equivalence or actuarially equivalent means that any benefit
payable under the terms of this plan in a form other than the normal form of
benefit shall have the same actuarial present value on the date payment
Page 2 of 11
commences as the normal form of benefit. For purposes of establishing the
actuarial present value of any form of payment, all future payments shall be
discounted for interest and mortality by using seven (7) percent interest and the
1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years
in the case of disability retirees.
Average monthly earnings means one -sixtieth of earnings of a member
during the five (5) years of his employment within the last ten (10) years of
employment, which is greater than the total during any other five (5) years during
the ten-year period; provided that if a member shall have been employed for
fewer than five (5) years, such average shall be taken over the period of his actual
employment.
Beneficiary means the person or persons entitled to receive benefits
hereunder at the death of a member who has or have been designated in writing
by the member and filed with the board. If no such designation is in effect at the
time of death of the member, or if no person so designated is living at that time,
the beneficiary shall be the estate of the member.
Board means the board of trustees which shall administer and manage the
plan herein provided and serve as trustee of the fund.
Credited service means the total number of years and fractional parts of
years of service expressed as years and completed months, during which a person
serves as an employee as defined below, omitting intervening years and fractional
parts of years, when such person may not be employed by the employer;
provided, however, such person may have, without interrupting his other years of
credited service, up to one (1) year's leave of absence.
Notwithstanding the foregoing, no employee will receive credit for years
or fractional parts of years of service for which he has withdrawn his
contributions to the pension fund for those years or fractional parts of years of
service unless he repays into the pension fund the contributions he has withdrawn,
with interest, within ninety (90) days after his reemployment, as provided in
section 2-160 below.
Further, an employee may voluntarily leave his contributions in the
pension fund for a period of five (5) years after leaving the employ of the
employer, pending the possibility of his being rehired, without losing credit for
the time he has participated actively as an employee. Should he not be re-
employed within five (5) years, his contributions shall be returned to him without
interest.
It is provided further that credited service shall include any service,
voluntary or involuntary, in the armed forces of the United States, provided the
' employee is legally entitled to re-employment under the provisions of the federal
Page 3 of 11
USERRA provisions or any similar law; and provided further that the employee
shall apply for reemployment within the time and under the conditions prescribed
by law. Effective January 1, 2007, members who die or become disabled while
serving on active duty military service which intervenes the member's
employment shall be entitled to the rights of this section even though such
member was not re-employed by the village. Members who die or become
disabled while on active duty military service shall be treated as though re-
employed the day before the member became disabled or died, was credited with
the service they would have been entitled to under this section, and then either
died a non -duty death while employed or became disabled from a non -duty
disability.
Early retirement date means for each member the first day of the month
coincident with or next following the date on which he attains his fiftieth (50th)
birthday.
Earnings means a member's gross salary, including overtime as provided
below, public safety pay increment and special pay, but excluding bonuses, such
as longevity, safety and attendance awards and any other non -regular payments
such as unused sick leave or vacation time pay. Beginning with earnings after
December 31, 2008 and pursuant to Internal Revenue Code Section 414(u)(7), the
definition of earnings includes amounts paid by the village as differential wages
to members who are absent from employment while serving in qualified military
service. For Police Officer members only, effective the first full payroll following
October 1, 2013, Police Officers will be limited to three hundred (300) hours of
overtime per officer per fiscal year. For Firefighter members only, effective the
first full payroll following December 11, 2014, Firefighters will be limited to two
hundred (200) hours of overtime per firefighter per fiscal year.
Effective date means March 1, 1967, the date on which this plan initially
became effective. The effective date of this restated plan is the date as of which
the village council adopts the plan.
Employee means each actively employed full-time firefighter and police
officer of the village.
Employer means the Village of North Palm Beach, Florida.
.Firefighter means any person employed in the fire department who is
certified as a firefighter as a condition of employment in accordance with the
provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life,
and to protect property. The term firefighter includes all certified, supervisory,
and command personnel whose duties include, in whole or in part, the
supervision, training, guidance, and management responsibilities of full-time
firefighters, part-time firefighters, or auxiliary firefighters but does not include
part-time firefighters or auxiliary firefighters.
Page 4 of 11
Fund means the trust fund established herein as part of the plan.
Member means an employee who fulfills the prescribed participation
requirements.
.Normal retirement date means for each member the first day of the month
coincident with or next following the date on which the member attains age fifty-
five (55) or the date on which the member attains age fifty-two (52) and has
twenty-five (25) years of credited service. A member may retire on this normal
retirement date or on the first day of any month thereafter.
Plan or system means the Village of North Palm Beach Fire and Police
Retirement Fund as contained herein and all amendments thereto.
Plan year means each year commencing on October 1, and ending on
September 30.
Police officer means any person employed in the police department who is
certified as a law enforcement officer as a condition of employment in accordance
with the provisions of F.S. § 943.14, and who is vested with authority to bear
arms and make arrests, and whose primary responsibility is the prevention and
detection of crime or the enforcement of the penal, criminal, traffic or highway
laws of the state. This definition includes all certified supervisory and command
personnel whose duties include, in whole or in part, the supervision, training,
guidance, and management responsibilities of full-time law enforcement officers,
part-time law enforcement officers, or auxiliary law enforcement officers, but
does not include part-time law enforcement officers or auxiliary law enforcement
6fficers as the same are defined in F.S. §§ 943.10(6) and 943.10(8), respectively.
Any public safety officer who is responsible for performing both police and fire
services and who is certified as a police officer or firefighter shall be considered a
police officer.
Spouse shall mean the lawful wife or husband of a member at time of
preretirement death or retirement.
Sec. 2-161. Benefit amounts.
(a) Normal retirement benefit.
(1) Amount. Each member who retires on or after his the
member's normal retirement date shall be eligible to
receive a normal retirement benefit commencing on his the
member's actual retirement date. A retiree's maximum
Page 5 of 11
monthly pension benefit shall not exceed 75.00 percent of
the retiree's average monthly earnings as that term is
defined in Section 2-159 above. In all cases, the benefit
provided for years of service on and after October 1, 2018
shall be at least 2.75 percent of average monthly e�arnin_gs
perey ar of service (provided the member was employed by
the village on and after July 11, 2019). The monthly
normal retirement benefit shall be calculated as follows:
For Police Officer members:
an An amount equal to the sum of two e„a�ehalf
2.50 percent of �As the member's average monthly earnings
multiplied by the member's credited servicerip or to
October 1, 2018; and 2.75 percent for credited service on or
after October 1, 2018 (provided the member remained
employed by the Village as a police officer on or after July
11 2019) for -
the firs twentyfew (V240 zero rm
member'ser-ediGed serYiee fer- eae soar after-
twenty
.'Fof 7�
L1!
ever- i e m�ri+ �'�'� jj� ri1�Lmember's
eTGLdited se�nMee &r- eaah y n
For Firefighter members:
An amount equal to the sum of 2.50 percent of the
member's averse monthly earnings multiplied by the
member's credited service 12tior to October 1 2018 and
2.75 percent for credited service on or after October 1
2018 (provided the member remained employed by the
Village as a firefighter on or after July 11, 2019).
See. 2-163. Contributions.
(a) Member contributions.
(1) Amount. Members of the plan shall make regular
contributions to the fund at rate equal to two (2) 2.00
percent of their respective earnings.
For Police Officer members only:
(i) Effective at the beginning of the first full payroll
period after October 1, 2013, the Police Office
Page 6 of 11
member contribution shall increase to two and
sixty-seven one hundredths (2.67) percent;
(ii) Effective the first full payroll period after October
1, 2014, the Police Officer member contribution
shall increase to three and thirty-three one
hundredths (3.33) percent; and
(iii) Effective the first full payroll period after October
12 2015, the Police Officer member contribution
shall increase to four (4) percent.
iv Effective the second payroll ,period following the
adoption of Ordinance 2019-11, the Police Officer
member shall contribute 6.00 percent of earnings.
U Effective the first pWoll eriod after October 1
2020 the Police Officer member shall contribute
7.00 percent of earnings._
fyij During participation in the DROP, Police Officer
members shall contribute 4.00 percent of earnings,
with 3.00 ercent credited to the member's DROP
account and 1.00 ercent applied to the Pension
Plan Unfunded Actuarial Accrued Liability
"UAAL" ).
For Firefighter members only:
(i)
Effective the beginning of the first full payroll
period after April 1, 2015, the Firefighter member
contribution shall increase to three and one-half
(3.50) percent; and
(ii)
Effective the first full payroll period after April 1,
2016, the Firefighter member contribution shall
increase to five (5.00) percent.
Chij
Effective with the second Ia roll period following
adoption of Ordinance No 2019-11, the Firefighter
member contribution shall increase from 5.00
ercent of earnings to 7.00 of earnings.
iv
During DROP, the Firefighter member shall
contribute 4.00 ercent of earnin s with 3.00
percent credited to the member's DROP account
and 100 percent applied to the Pension Plan
Page 7 of 11
Sec. 2-170.1 Deferred Option Benefit Pian (DROP)
La) Effective upon the adoption this Ordinance a Deferred Retirement
� p p
Option Plan ("DROP") benefit is created and added to the Plan and shall be
available to employees upon reaching their normal retirement date.
M Upon entry into the DROP, an employee is considered retired for
pension pian purposes.
Lcl An employee may elect to participate in the DROP provided_ the
employee makes the election no later than thirty (30) days after reaching the
employee's normal retirement date. Notwithstanding the foregoing, upon first
enactment of this Ordinance, members must make their initial election to
participate in the DROP by the later of:
(, Thirty �30Zdays after reaching_their normal retirement date; or
LQ . Ninety (90) days after creation of the DROP.
, d An election to participate in the DROP must be made in writing
and shall become irrevocable thirty (30) days followingthe date it is received by
the Pension Administrator and the Village's Director of Human Resources.
Oe,2 An employee who elects to participate in the DROP may
participate in the plan for a maximum of sixty (60) months. The application to
enter into the DROP shall include an irrevocable letter of resignation effective
upon the last day of DROP participation Employees who participate in the DROP
May elect to terminate their participation prior to sixty (60) months of
participation, but may not continue participation beyond sixty (60) months from
the date of entry into the DROP.
2f An eli 'ble employee who elects to participate in the DROP shall
have the em to ee's benefit calculated based on credited service multiplier, and
average monthly earnings determined as of the effective date of the employee's
election to artici ate in the DROP. No further credited service benefit changes,
or changes in earnings shall be considered for pension pMoses.
After entering the DROP, a participant shall not be eligible for
disability or pre retirement death benefits under the Plan. This provision is not
intended to limit entitlement to ggy statutory line of du death benefit under state
or federal law.
hM A DROP account shall be established for each em to ee who
elects to artici ate. These are not actual accounts rather they are nominal
accounts and balances kept as a bookkeeping rocess.
Page 8 of 11
D During the period of the employee's participation in the DROP, the
employee's normal retirement benefit shall be accounted for in the employee's
DROP account.
M The employee's DROP account shall be invested with the
retirement plan assets and credited with the overall net (earnings less costs)
investment rate of return on the retirement plan assets during the period of the
employee's participation in the DROP and the crediting rate will be no less than
0.00 percent and no more than 6.40 percent.
W At the conclusion of the employee's participation in the DROP, and
as a condition of participating in such plan, the employee will terminate Village
employment. The retiree will thereafter receive a normal monthly retirement
benefit as previously calculated upon entry into the DROP, but the monthly
amount will be paid to the retiree and no longer accounted for in the DROP
account. If the employee does not terminate participation in the DROP at the end
of the sixty_(60) month maximum participation period, no earnings shall be
credited on the DROP balance and no further DROP deposits shall be made.
fD No amount can be paid from the retirement plan until the DROP
employee terminates employment.
Lm) Upon termination, the retiree's DROP account will be distributed
to the retiree in a lump sum, which can be rolled over or paid in cash at the
retiree's discretion Direct rollover may be accomplished by any reasonable
means determined by the Board.
no If a retiree dies before distribution of the retiree's DROP account
commences, the account balance shall be distributed to the retiree's designated
beneficigm in a Ipmp sum which can be rolled over or paid in cash at the
beneficiary's discretion.
D Distribution of an employee's DROP account shall begin as soon
as administratively practicable following_ the employee's termination of
employment. The em to ee must elect the distribution within forty-five 45 da s
following the employee's termination. date. If the employee does not timely
request the withdrawal of the asset in the DROP, no furffier earnings shall be
credited on the DROP balance.
�O Any form of payment selected by the employee must comply with
the minimum distribution requirements of the IRC 401(A)(9), i.e., payments must
commence by a eg_ 7050.
Page 9of11
Sec. 2-170.2. Use of Insurance Premium Tax Revenue.
C, The 2015 Florida Legislature enacted Cha ter 2015-39 Laws of Florida
ghereinafter "Legislation") regarding the use of insurance premium tax revenue
("IPTR'D. The Fund meets or exceeds the minimum benefits and minimum
standards established by the State of Florida for public employeepolice officer
and firefighter pension plans as set forth in chapters 175 and 185, Florida Statutes.
The Legislation provides that use of IPTR, including any accumulations of
additional premium tax revenues which have not been allocated to fund benefits
in excess of the minimum benefits, may deviate from the provisions of the
Legislation by mutual consent of the collective bargaining_ agents of the police
officer and firefi hg ter employees. This provision of the Plan reflects the mutual
agreement of the Village and the respective collective bargaining agents that all
IPTR, whether base premium at revenue or additional premium tax revenue,
received by -the -Village will be used by the Village to meet its annual actuarially
required contribution ("ARC") to the Fund.
Sec. 2-170.3. Defined contribution component.
Pursuant to the requirements of Sections 175.351(6) and 185.35(6),
Florida Statutes, a defined contribution component is established in addition to the
defined benefit component of this local law plan. This defined contribution
component is not currently funded. Once the plan is funded, the Board has the
authority to adopt rules regarding the operation of the defined contribution
component of the local law plan.
Section 3. All other provisions of Division 4 of Article V of Chapter 2 of the Village Code
of Ordinances not expressly amended as set forth above shall remain unchanged by the adoption
of the Ordinance. The Code sections set forth in Division 5, "Length of Service Award Plan for
Volunteer Firefighters," and Division 6, "ICMA Defined Contribution Pension Plan," shall be
renumbered from Section 2-170.01 through 2-170.15 to Section 170.5 through 170.20.
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict with this Ordinance are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall take effect immediately upon adoption.
Page 10 of 11
PLACED ON FIRST READING THIS 10TH DAY OF OCTOBER, 2019.
r" PLACED ON SECOND, FINAL READING AND PASSED THIS 2e DAY OF OCTOBER, 2019.
(Village Seal) 0 0"j, ..
*YOR"'�
ATTEST:
t �
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 11 of 11
A- � F >' - (5. -
Village of North Palm Beach
Take -Home Vehicle Payroll Deduction Form
Date:
Employee Name:
Employee Number:
Distance from -Village
Address:
City:
State: Zip:
Total Distance (in miles) from Village:
Take -Home Vehicle.Payroll Deductions
The employee shall be charged the following amount by payroll deduction, depending on how far the
employee lives from their work location, for the ability to use a take-home vehicle:
Distance Amount per Pay Period
❑ 0 to 25 Miles $0 per Pay Period
❑ Over 25 Miles to 30 Miles
❑ Over 30 Miles to 45 Miles
$35 per Pay Period
$60 per Pay Period
❑ Over 45 Miles $85 per Pay Period
Employee Authorization
I acknowledge that my bi-weekly pay will be reduced by the amount of my deduction as checked and
indicated above.
Employee Signature:
Date: