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HomeMy WebLinkAboutDocumentation_Regular Council_Tab 20_07/11/2019Agenda Item #20. Regular Council STAFF MEMO Meeting: Regular Council - 11 Jul 2019 Staff Contact: Merlene Reid, Assistant Department: HR Manager/Director of Human Resources MOM111111111111111 Approve 2019-2021 VOT/PBA Collective Bargaining Agreement On June 3, 2019, the PBA and the VOT Management teams tentatively reached agreement on a new three- year contract, and on June 21, 2019, the PBA members unanimously ratified the agreement. The major highlights are as follows: 1. Article 13 (Wages) a. Salary increases of 13%/4%/3% for fiscal years 2019/20, 2020/21 and 2021/22 2. Article 14 (Special Duty Compensation) a. Special Duty Compensation of 5% for Canine Division and Marine Unit. 3. Article 7 (Physical Fitness, Substance Abuse Testing and Medical Examinations) a. Addition of Substance Abuse Testing to help maintain a drug-free work place. The estimated cost of the contract for each year is as follows: Current Year Estimate 201849 Estimate 2019/20 Estimate 2020/21 Estimate 1 $901,033 1 $1,018,168 $1,058,895 $1,090,662 A copy of the tentatively Agreed Upon Contract is attached. POTENTIAL MOTION / DIRECTION REQUESTED: The negotiating team is recommending the approval of this three-year agreement. FINAL TA'd PBA-Teauesta CBA 2019-2022 Page 190 of 537 Agenda Item #20. b 0 _IMAProp !IsA Formatted: Font: (Default) Times New Roman, 10 pt, Bold Formatted: Right Formatted: Font: Bold, Not Italic rF..-.a.,d-. Fo�ntTD;T.. 4t7Tms New Roman, 10 pt, I Bold (-'QLLL`CTJVE BARQAJNIW� AGREEMENT BETWEEN PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION AND VILLAGE OF TEQUESTA -j- -i.JEL 7 V Formatted: Centered Page 191 of 537 Agenda Item #20. PBA Proposals June 3, 2019 Contents PREAMAD - .. 4-- �-- . ....... . ..... ------- 5 , L PTICLE '— ..... --L, — . . ........ .. 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PBA Proposals June 3, 2019 PREAMBLE This Agreement is entered into between the Village ofTequesta, Florida, ("Village") and the Palm Beach County Police Benevolent Association, hereinafter referred to as the - , -- \", for the purpose of promoting harmonious relations between the Village and the bargaining unit represented by the i � ! �--" L1_11 ,,, hereinafter referred to as "members" or "employees", to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates ofpay, wages, hours ofNvork, and other conditions ofemployment. TK 4/3/t� Page 195 of 537 Agenda Item #20. 6-K i V PBA Proposals June 3, 2019 ARTICLE 1 Section I The Viflage recognizes the Palin Beach County Police Benevolent Association ("PBA") as the certified bargaining agent for all employees in the exclusive bargaining representative, as defined in Chapter 447, Florida Statutes, as amended, for full-time employees employed in the Unit defined by the Public Employees Relations Commission, in Certification No. 1615. Section 2 The bargaining unit represented by the under this Agreement shall include: All certified swom employees ofthe Police Department within the ranks ofpolice officer and sergeant. Excluded from the bargaining unit shall be all non -sworn employees of the Police Department, the Chief of Police, the Assistant Chiefof Police, captain and lieutenants. Excluded from the bargaining unit for purposes ofwages, hours, and terms and conditions ofemploymerit are all part-time officers, auxiliary, and reserve officers. Page 196 of 537 Agenda Item #20. PBA Proposals June 3, 2019 ARTICLE 2 -S OF PAI�TfES !,W? R.9 I kj I ipj (-, Vlj� - 0,'E" Section I - The Village agrees that during the term of this Agreement it will deal only with the authorized representatives ofthe PBA in afl matters involving wages, hours, and terms and conditions ofemployment or other official action called for by the Agreement. Section 2 - The PBA likewise agrees that during the term of this Agreement, and except as other -wise provided in Chapter 447, Part 11, Florida Statutes, the PBA, its representatives, and constituents will deal only with the Village Manager or his designated representatives initially in matters involving wages, hours, and terms and conditions ofemployment. Section I Upon request by one party, the other party shall provide, in writing, the name(s) of its representatives(s) within three (3) days ofsuch request. Page 197 of 537 Agenda Item #20. PBA Proposals June3,2019 ARTICLE 3 MIANAGEMENT PIGHTS Subject to the specific provisions of this Agreement, the parties agree that the Village has and will continue to retain the right to operate and manage its affairs in all respects; and the powers or authority which the Village has not officiafty abridged, delegated or modified by the express provisions of this Agreement are retained by the Village. The rights of the Village through its management officials shall include, but shall not be limited to, the right to determine the organization of Village government; A. To determine the purpose for each of its constituent departments; B. To alter or amend work rules or regulations; to exercise control and discretion over the organization and efficiency of operations of the Village; C. To set standards for service to be offered to the public; to direct the employees of the Village, including the right to assign work and overtime; D. To hire, examine, classify, promote, train, transfer, schedule and assign, E, To Suspend, demote, discharge, or take other disciplinary action against employees forjust cause; F. To increase, reduce, change, Subcontract, modify or alter the composition and size of the work force, includinR the ri2ht to relieve employees from duties because of lack of work or funds; G. To determine the locations, methods, means and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish positions; 14. To establish, change or eliminate existing methods of operation, equipment or facilities, and to establish, implement and maintain an effective internal security program. 1. The Village has the authority to determine its purpose and mission and to prepare and submit budgets. J Page 198 of 537 Agenda Item #20. DK 03 M PBA Proposals June 3, 2019 ARTICLE 4 NON DISCPANHINA710M Section I - No employee covered by this Agreement will be discriminated against by the Village because of membership in the PBA, or authorized activity as required in this Agreement on behalf of the PBA. Section 2 Both the Village and the PBA oppose discrimination on the basis ofage, race, creed, color, national origin, gender, handicap/disability, genetic information, marital status or religion. However, the parties also recognize that the Village has established an internal procedure to investigate and resolve alleged cases of discrimination which is in addition to existing and adequate procedures established by Palm Beach County, the State of Florida and Federal government. Accordingly, it is agreed that allegations of employment discrimination cannot be processed through the contractual grievance/arbitration procedure. 9 Page 199 of 537 Agenda Item #20. (11, *(1- -) -f I BK 03 1 il PBA Proposals June 3, 2019 ARTICLE 5 GPNNANFI�,' AiND ARBITRATJM�l Section A grievance shall be defined as a dispute over the interpretation of or application ofthe specific provisions of this Agreement. Unit members may appeal disciplinary suspensions of greater than two (2) days, disciplinary demotions or discharges to arbitration. Unit members may appeal disciplinary action involving disciplinary suspensions of two (2) days or less through this procedure up to Step 1, but the decision of the Chief or his designee at that step will be final and the matter cannot be taken to arbitration unless the disciplinary action is the second within a one (1) year period. Unit members who wish to appeal performance evaluations may informally contest their evaluations by conferring with the next level within the chain of command. Members will be given the opportunity to clarify their position and voice opinions regarding the evaluations, and die reviewing authority may supplement the evaluations, but members shall not be entitled to grieve their evaluations. Section 2 In a mutual effort to provide harmonious relations between the parties to this agreement, it is agreed to and understood by both parties that there shall be a procedure for die resolution of grievances or misunderstandings between the parties arising from the application or interpretation of this agreement as follows: Step -I The aggrieved employee with or without a union representative may present a written grievance to Chief within fourteen (14) calendar days of the occurrence or knowledge of the matter giving rise to the grievance, The Chief shall attempt to adjust the matter within his/her authority and respond to the party presenting the grievance within fourteen ( 14) calendar days. S If the grievance has not been satisfactorily resolved in step 1, the PBA representative and/or the Ltep 2 aggrieved employee shall appeal the grievance to Village Manager, in writing, within fourteen (14) calendar days of the date die response was due in Step 1. The Village Manager shall respond to matter within his/her authority, in writing, within fourteen (14) calendar days to die employee and PBA. Note: The time limits set forth may be waived only by mutual agreement, in writing, between the parties. If the PBA fails to advance a grievance within these time limits die grievance will be tre.ated as withdrawn with prejudice. If the Village fails to respond to the grievance within these time limits, die grievance will be treated as denied, effective on the date the response was due. Section. 3 Step 3: 10 Page 200 of 537 Agenda Item #20. PBA Proposals June 3, 2019 If the grievance is not resolved at Step 2 of the Grievance Procedure, the aggrieved employee or the PBA may, within fourteen (14) calendar days ofthe date the response was due inStep 2, submit a request forarbitration to the Village Manager. In general grievances, either the PBA or the Village may request to take the issue or grievance to arbitration. I f the parties fail to mutual ly agree upon an arbitrator within fourteen ( 14) calendar days after the date ofreceipt ofthe arbitration request, a list ofseven (7) qualified neutrals from the Federal Mediation & Conciliation Service (FMCS.) shall be requested by either party, with a copy ofthe request sent to the other party. Within fourteen (14) calendar days after the receipt of the list, the parties shall meet and altemately cross out the names on the list, and the remaining name shall be the arbitrator. The party bringing the grievance shall cross out the first name. Failure of the parties to select an arbitrator within thirty (30) calendar days of receipt of the panel fi-om FCMS wi H be considered a withdrawal o f the grievance with prejudice. 1 The hearing on the grievance shall be informal and the strict rates of evidence shall not apply. 4. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this collective bargaining agreement in arriving- at a decision of the issue or issues presented-, and shall confine his or her decision solely to the interpretation or application ofthe agreement. The arbitrator shall not have the authority to determine any issues not submitted. 5. The decision of the arbitrator shall be final and binding upon the agggrieved employee, the union and employer, except as provided by law or if the circuit court finds that the arbitrator's decision is clearly erroneous or in violation of public policy. 6. The arbitrator's fee and expenses shall be bome equally by the parties, unless other -wise agreed to by the par -ties. 7. Attendance at any arbitration procedure and compensation of participants shall be die responsibility of each side. 8. The arbitrator shall be requested to tender his/her decision as quickly as possible, but in any event, no later than thirty (30) calendar days after the hearing-, or if post -arbitration briefs are agreed to by the parties, thirty (30) days after their due date. 9. In the case of a grievance involving any continuing or other money claim against the employer., no award shall be made by the arbitrator, which shall allow any monetary payment, damages or accruals for more than five (5) working days prior to the date when such grievances shall have been first submitted in writing. 10. Upon receipt of the arbitratoes award, corrective action, if any, will be implemented as soon as possible. Page 201 of 537 Agenda Item #20. PBA Proposals June3,2019 11. Ifeither party to this agreement requests a copy oftranscripts of the arbitration hearings, both parties will share equally the cost ofsuch transcripts. Section 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 ifthe glievance is directly between the Union and Village, it shall be presented in writing directly at Step 4 of this Grievance Procedure, within fifteen (15) days of the time limits provided for the Submission of a grievance in Step 1, and shall be signed by the aggrieved employees or the Union Representative on their behalf Section 5 Village agrees to forward a copy of the initial face sheet of internal grievances, when the employee elects not to have Union representation. Upon the Union's request, Village will provide copies of all written documents pertaining to the employee's grievance, to the extent authorized by the public records law. 12 Page 202 of 537 Agenda Item #20. PBA Proposals June 3, 2019 ARTICLE 6 N 0 ST IR I K "Strike" means the concerted failure to report for duty, the concerted absence ofemployees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of employees from the fall and faithful performance of their duties ofemployment with the Village, participation in a deliberate and concerted course ofconduct which adversely affects the services of the Village, picketing or demonstration in fin-therance of work stoppage, either during the term of or after the expiration ofa collective bargaining agreement, Neither the PBA, nor any of its officers, agents and members, nor any PBA members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slow down, sick out, concerted stoppage of work-, illegal picketing, or any other interruption of the operations of the Village. Each employee who holds a position with the PBA occupies a position ofspecial trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in Section 447.505, Florida Statutes and the Constitution ofthe State ofFlorida, Article 1, Section 6. Accordingly, the PBA, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions ofthis Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event ofbreach ofthis Article orthe law by otheremployees and upon the request of the Village, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Any or all employees who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by this Village. 13 Page 203 of 537 Agenda Item #20. V � b //� ARTICLE 7 PHYSICAL FITNESS, SUBSTANCE ABUSE TESTING AND MEDI�Al- The Villaae and the Union recoanize -*that Substance abuse in out, nation and OUf community exacts stacic , qerinq costs in both human and economic terms, Substance abuse can be reasonably expected to produce impaired job performance, lost Productivity, absenteeism, accidents, wasted materials, lowered, morale, rising health care costs, and diminished interpersonal relationshiL_aLills. The Village and Union share a commitment to solve this QLobLern and to create and maintain a drug free work place policy. The Village and the Union agree to follow the Village of Teguesta DI'Ll Free Policy 3.12, (revised November 2-1008) with the inclusion of, the provisions of this Article. Section 2., Additional Testina: In addition to �ho, testin,�s�cnbe(.i �inthe_ vi!!R� je, s OrLICI W01'k place policy additional testing will be conducted and as i-equired by applicable state or federal laws, rules, or reciulations. Section 3 - Post Accident Testing. If an en!p�Y�H, is Involved irl all aucidefli ill wfliuh trie 011lwlove�� was driving._gLrid tly -Dn6 of the folloV�k�g occurs: an individual dies, lan individual suffers a bodily iniury and irrinnandiatelv i'eceiv,as medical treatmont away froi-n 1:11c, 30g -lc of an accident or the drivel is 1--letermined to be at �al-llt fOl the by a iaw enforcement a�,.,jen(w. Section 4- I, andorn ) estioq� fastinq -id comi,'ok"-d CII'LIQ6 Shall be. Of alcohol a, performed. Randorn selection of employees will be rnade by a randorn selection sortware prograrn three Qj) rjrrj&:.-)- ;:w.num- Ernplovees shall be tested on the dav the ernolovee is selected on duty. If off aq(N/, shall be tested on the n�%� -rd ift The Village I-nif lirill wil I if tl Lai a ti��n, Section 5: The Village reserves thL�riq [ to o LLaqy ier drug cl�ee fjeQ o..�� 116, If@�Ceral, state,_orlocal-laVV-.01'--I'eQLII�ltioti..Eit levels provided foi� by applicable law. 2 Page 204 of 537 Agenda Item #20. Section 216: Nothing in this Article shall limit the Village's right to require fitness for duty evaluations in job related circumstances. Any such fitness for duty evaluations shall be provided by licensed health care providers chosen by the Village and at Village expense. The results of any such medical, physical and/or mental examinations or evaluations will be provided to the Village and may be used to assess the officer's fitness for duty. 9 Page 205 of 537 Agenda Item #20. ARTICLE 8 111 '�'Cl P I I- 1.-, 1, - i N1 IF OK 4131t' PBA Proposals June 3, 2019 The Village recognizes its rights and obligations under the Police Officer Bill of Rights, Section 112.532 eL seq, Florida Statutes, as aniended- Whenever a unit member is the subject of an internal affairs investigation and is subject to interrogation or interview by members of his agency for any reason which could lead to disciplinary action, such as demotion, suspension or discharge, such interrogation or interview shall be conducted in accordance with Section 112.532(l). The Village and the PBA hereby agree to abide by Section 112.533 relative to the receipt and processing of complaints ftom any person, is Page 206 of 537 Agenda Item #20. PBA Proposals June 3, 2019 ARTICLE 9 MINT -l' ATT1,NNOANCE An off-duty employee shall receive pay for a minimum of three (3) hours (overtime or straight time, whichever is applicable) for his/her first three (3) hours ofcourt or deposition when subpoenaed to appear in matters relating to the Village. After three (3) hours of actual time in court, the employee shall continue to receive compensation for actual time until released for the day. f16 Page 207 of 537 Agenda Item #20. PBA Proposal June 3, 2019 ARTICLE 1.0 R�7CAJ,j, PAY An employee who is recalled to duty shall be compensated at a rate of I Y2 times for the actual hours worked or a minimum oftwo (2) hours, whichever is greater plus one (1) additional hour for travel time. "Recalled to duty" shall be defined as a Unit member having gone offduty after completing his/her shift, but prior to returning- for their next shift. If the recall is cancelled before the employee reports to the station, the employee shall be compensated f6i one (1) hour pay. 17 Page 208 of 537 Agenda Item #20. VIM, PBA Proposals June 3, 2019 ARTICLE 11 f- i r) U 7, 0 F "A" G, P, K Section I The normal work period of Police Department Employees shall be fourteen (14) days. The normal work hours in a work period shall consist of eighty (80) hours. The Village shall pay overtime at the rate of time and one-half (I Vz) for all hours worked in excess of eighty (80) hours within any one work period except as otherwise provided in Article 17 (Holidays), For the purpose of computing overtime, only hours worked, sick leave, vacation, compensatory and training time shall be considered hours worked. Section 2 - Work schedules of Detectives may be adjusted on a daily basis as the needs of the job require. Work schedules may be adjusted to facilitate Department needs, including training, certification and special details. No less than three (3) 1 !, : � t � 1, - � 2; i of a temporary change in a regular work schedule shal I be given. No less than seven (7) days' notice of a permanent change in a regular work schedule shall be given. Section 3 - Employees may receive overtime compensation ir� the form of pay or compensatory time. An employee may not accumulate more than an aggregate total of ninety (90) hours of time under this Article. Compensatory time accruals may be requested for use in minimum one (1) hour increments. I r 18 Page 209 of 537 Agenda Item #20. PBA Proposals June 3, 2019 ARTICLE 12 UNIPORM ALLWAIANCE The Village agrees to provide uniforms pursuant to applicable policies of the Police Department Policies and Procedures Manual approved by the Village Manager. Unit members agree to abide by the said policies pertaining to uniforms and clothing within the Police Department Policies and Procedures Manual. The Village shall also provide an annual cleaning allowance of$425.00 to all members ofthe Bargaining Unit, a shoe allowance of 4200.00 per year to all Unit members. Cleaning, clothing and shoe allowances payable under this Article shall be paid minus applicable withholding taxes in the first regular paycheck following ratification of this Agreement and the first pay period of the fiscal year for subsequent Contract years thereafter, except that cleaning allowances shall be paid in one-half increments twice per year-, the second payment coming six (6) months after the first. First year employees shall receive pro -rated allowances based on the number of months remaining in the fiscal year in which they were hired. Employees who are paid a cleaning allowance under this Article and who terminate employment prior to the end of the fiscal year shall have their final paycheck reduced by an amount equal to the pr�Hii�zdLn,_L- j(ak:d share ofthe allowance for the remaining months ofthe fiscal year. 19 Page 210 of 537 Agenda Item #20. -7 Article 13 WAGES Section 1: It is agreed between the parties that the pay range for bargaining unit employees is as follows: Minimum Maximum Police Officer $54,177 $83,401 Police Sergeant $71,875 $102,907 These ranges will be adiusted in years 2 and 3 by the Deoartment of Labor Southeast Information Office Consumer Price Index (CPl) released in May 020 and 2021 and Unit members pay will not exceed the stated maximums. Police Officers and Police Sergeants whose annual increase with or without a cost of living increase would exceed the maximum annual pay rate will receive the excess as a one-time salary payout which does not change the maximum pay rate and is not added to the employee's annual base rate of pay. Years -2019-2022 On October 1, 2019 bargaining unit members shall receive a salary increase of thirteen (1 30/jo percent. qargaining unit members shall rec-pive. a f0u, ( 4%) 2empriLsalary increase on October 1, 2020 and a three (3%) t2ei,ceiii salary increase on October 1, 2021 . Section 2: 1. Unit Members shall receive performance reviews within a reasonable time prior to the end of the fiscal year which ends on September 30th each year, in keeping with the Village's Performance Planning and Review system. Evaluations shall be conducted on a satisfactory/unsatisfactory basis. 2. Failure to achieve acceptable progress shall be met with discipline up to and including termination of employment. An employee who demonstrates unsatisfactory performance for the period under review may be placed on a ninety (90) day plan for improvement. An employee who demonstrates acceptable progress olay be granted an additional ninety (90) days in which to demonstrate satisfactory performance. Increases shall not be granted until an employee meets all standards for performance, and will be effective from the date of the satisfactory performance review. Page 211 of 537 Agenda Item #20. 3. If the performance review report has not been completed by October 10 of the new fiscal year, the employee will receive the approved increase as if he or she had received a satisfactory performance review report. If an unsatisfactory review rating is earned by the employee but is not reported to the employee until after October 10 of the new fiscal year, the employee will revert to the previous salary effective the date of the performance review report and remain at the reduced salary until satisfactory performance is attained. Section 3 Any employee may appeal their performance review to the Chief of Police, in writing, within five (5) calendar days of receipt of the performance review by the employee. The Chief of Police will have five (5) calendar days, to respond to the employee in writing. If the employee is not satisfied with the decision of the Chief of Police, the employee may request a meeting with the Chief within five (5) calendar days of the receipt of the Chief's written response, to discuss the performance review. At such meeting, the employee may be represented by one of the designated employee Bargaining Unit Representatives. If no agreement is reached during the meeting with the Chief of Police, the employee shall have the right to have a meeting with the Village Manager within five (5) calendar days of the meeting with the Chief of Police and may be represented by one of the designated employee Bargaining Unit Representatives. The decision of the Village Manager shall be final and binding and shall be completed within fifteen (15) calendar days after the meeting beNieen the employee and the Village Manager. a 6 Page 212 of 537 Agenda Item #20. ARTICLE 14 SPECIAL DUTY COMPENSATION �/N/f Section 1 An employee, who is temporarily and/or continuously assigned by the proper authority to perform the duties of a higher classification, will be compensated for the time spent in the higher classification at a rate of five percent (5%) above his/her regular base salary. Once additional compensation commences, it will be paid retroactive to when the employee first began the continuous service as an acting supervisor, and shall continue until the employee's continuous service as an acting supervisor ceases. Section 2 An officer assigned to the Detective/investigations and Canine.Division.s shall receive a pay differential of 5%. Section 3 An officer assigned as a Field T I raining Officer (f- 11 have the rank of ��orporal_,.and of FT0. shall receive a paV differeritial o Those employees who have successfullv comoleted an aoproved FTO course but do not have the rank of Coa)oral will reGeive a pav clifferential five pergent (5-%) when f actinq in the capac �T(:� In the absence of a sergeant, the FTO corporal will assume the role of the squad supervisor. The FTO Corporal cannot refuse the assignment. Section 4 The below special units will receive a pay differential of five percent (5%) while acting in that capacity: 0 A/I.qrinp The below incentive payments will be paid in the last pay period of the fiscal year for the following specialties (pro -rated if not continuously certified for the entire fiscal year): 7 Page 213 of 537 Agenda Item #20. 0 NWFL EMT Certification ($250/month) 0 9-1 -1 Dispatch Certification ($1 00/month) Section 5 An employee who is continuously assigned by the proper authority to perform the duties of a higher classification for a period greater than thirty (30) days, shall be compensated at the rate of starting pay for that higher classification or five percent (5%) above his/her regular base salary, whichever is greater. It shall be paid beginning on the thirty first (31s) day of continuous service at that higher classification and shall continue until the employee's continuous service at that higher classification ceases. E. Page 214 of 537 Agenda Item #20. ARTICLE 15 INSURANCE Section 1: 1 The union will continue to be allowed to participate on the committee or task force established for the purpose of selecting the Village's health insurance provider. The PBA's participation is for meeting and conferring on this issue with the Village, however the ultimate responsibility for selecting the provider and the plan is retained and made by the Village. 2. For , , plan years - - 2019-2022, the Village agrees to pay one hundred percent (100%) of the employee cost of health insurance. 3. The Village agrees to pay seventy five percent (75%) of the cost of dependent health insurance coverage for those Unit Members who elect such coverage. Unit Members who elect coverage will pay the remaining twenty five percent (25%) by payroll deduction. 4. In those years when a choice between a traditional health insurance plan and a high deductible health plan (HDHP) is available, and the cost of premiums for the HDHP plan is less than the premiums for the traditional plan, the Village will contribute to the health savings account (HSA) of those employees who chose the HDHP plan. (a) The Village contribution will be cakulated as ol-fl-lined it -I thc, �,.xaaiplo, belo�,v, -' The rabz-- 'iVill bt j -106,d lo determine th-,:� familv i�ontribufion. i. Start with the i noi i th 1v amount that the Village is paying for premiums for participants in the traditional insurance plan. ii. Subtract the nui iffil, amount that the Village is paying for premiums L for participants in the HDHP plan iii. Round the difference to the nearest $10 9 Page 215 of 537 Agenda Item #20. .EXAMPLE VOT Traditional VOT HIDHP Monthly Monthly Difference Type of Coverage: MonthlV Premium Premium Contribution Contribution Employee Only $682.05 $60722 $74.83 (rounded to I I ILO) Employee + Children $1,254.97 JLQ78._tj2 IZ6.L5 (rounde L __ to $180) c) The Village contribution to the HSA will be made on a monthly basis, and is subject to the limitation on contributions allowed by IRS for the calendar year. If the total amount contributed to the employee's HSA by the employee and the Village has reached the maximum allowed by the IRS for the calendar year, the Village will not be required to make any contributions for the remainder of the calendar year. d) Sellback and Transfer of Sick Leave Pay `1020 and 202 1, unit i) On October 1 of years 2019, f- — members participating in the HDHP plan may sell back sick leave in accordance with the Years of employment schedule outlined in Section 3 of Article 16 (Sick Leave) for transfer to his/her health savings account. ii) There are no minimum requirements necessary for members to "sell back" sick leave. 5. The Village agrees to pay one hundred percent (100%) of the employee cost of dental insurance. Unit Members will pay one hundred percent (100%) of the cost of dental insurance for dependents if the Unit Member elects such coverage by payroll deduction. 6. The Village will provide life insurance for full-time employees at one and one-half (1 1/2) times their annual salary, plus an additional Five Thousand Dollars 35,000,00), up to a maximum of $150,000. k Section 2: It is the Village's intent that all its employees be adequately protected and insured for health care costs and expenses. Therefore, each Unit Member must enroll in, and 4-1- I�L_ % 1; continue to be enrolled during their tzriure with Life Village, Me village's present and available health insurance plan and maintain full coverage for themselves at a minimum. The Unit Members may enroll eligible dependents at their option. 10 Page 216 of 537 Agenda Item #20. 113 /Ij PBA June 3, ARTICLE 16 SICK LEAVE Section I - Regular employees shall accrue sick leave at the rate of eight (8) hours of sick leave for each month continuous employment. While sick leave is accrued from the date of employment, employees are not permitted to use Such leave until they have completed six (6) months' continuous service. Section 2 - Sick Leave Accrual. Sick leave may be accrued to a maximum of iw hundi-I kw 140) days (1120 hours). Sick leave shall not accrue during leaves ofabsence without pay or suspensions without pay. For absences ofmore than three (3) days, the Village requires a qualified doctor's note indicating the illness of the unit member and verifying the amount of sick leave taken was necessary based upon the unit member's illness. "Qualified doctor" shall be a duly licensed doctor of medicine. The Village has the right, at its sole discretion, to verify that unit members are using sick leave for the purpose for which it is provided. Full -Lime unit members may use sick leave when ill, when the ffill-time unit member has a doctor's appointment, but not to exceed the extent of time required to complete such appointments, or when an irrunediate, family member (Spouse, child, or parent) is ill. Family and Medical Leave Act (FMLA) shall run concurrently with employee sick leave usage for absences in excess ofthree (3) days. Earned sick leave accruals must be exhausted prior to taking an unpaid medical leave of absence. Section I Upon separation from the Village, with proper notice, or for reasons beyond the employee's control, the employee shall be paid for his accrued sick leave according to the following schedule. YEARSOF PERCENT OF ACCRUAL EMPLOYMENT PAID TO EMPLOYEE One (I ) through Four (4) 25 Percent Five (5) through Nine (9) 33 Percent Ten (10) through Nineteen (19) 40 Percent Twenty (20) or more 50 Percent Section 4 Sick Leave BuV Back. Effective October I of each fiscal year, any Unit Member who has been continuously employed for at least twelve (12) months and who has an accrued sick leave balance of !­_�: ., j -;�. k� 5480) hours at September 30, and who has taken no more than -i .- 40, hours of sick leave during the 26 Page 217 of 537 Agenda Item #20. RK 03111 PBA Proposals June3,2019// twelve (12) month period immediately preceding October I of each fiscal year, riiay surrender 40, hours for cash payment at one hundred percent (100%) of their total hourly rate. "Total hourly rate" is defined as base pay plus incentive pay as outlined in Article 14 (Special Duty Compensation) of this agreement. Any additional eligible hours may be redeemed at fifty percent (50%) oftheir total hourly rate. However, Unit Members must have at least littudi,,d �i�, i% t360) hours ofsick leave remaining after surrendering sick leave for cash payment to be eligible to buy back sick leave under these provisions. Payments will be made on the first payroll run in December of each year. 27 Page 218 of 537 Agenda Item #20. PBA Proposals June 3, 2019 ARTICLE 17 �iOLWAVS Section I - Unit members shall receive the following paid holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day before Christmas Day Christmas Day Day before New Year's The holiday will be observed on the actual holiday from midnight to midnight Unit members who work on the holiday outlined above, shall receive one and one-half (I V2) times their rm, lar rate of pay and eight (8) hours of holiday pay (i.e., at their base rate). Unit members whose regularly scheduled day off falls on a holiday or who take approved time off on a holiday, shall receive eight (8) hours of holiday pay - Unit Members shall only receive holiday pay when they are in pay status on the day before and the day after the holiday. Section 2 Unit members with over I year's service shall receive three paid personal days per calendar year, which, if not taken in time to be recorded within the final pay period during that year, shall no Iong-er be available to the Unit member for utilization. 28 j Page 219 of 537 Agenda Item #20. PBA Proposals,/. Jun, 3, 2019 ARTICLE 18 ;!_�-'kCATIDN Vacation leave is accrued at the following rate upon the anniversary of a Full-time unit member's date of hire as FoLlows: DATE OF HIRE ANNIVERSARY Zero (0) through Four (4) Five (5) through Nine (9) Ten (10) or more ANNUAL VACATION LEAVE ACCRUAL 80 hours 120 hours 160 hours 1be employee shall earn vacation leave throughout the year. An employee is eligible for vacation leave with pay after having successfully completed his or her probation period. Vacation hours are accrued on a semi-annual basis during the initial probation review period (lump sum), and will continue to be earned throughout regular employment, credited at 1/26 ofthe employee's annual allotment each pay period. The maximum carry-over under this Article is ioi i �.-i 40 1 days 0ji __ m�i jdh, , I i %--to _ (320 1 hours �. Vacation leave may be requested for use in minimum four (4) hour increments. Vacation leave shall not accrue during leaves ofabsence without pay or suspensions without pay. On September I ofeach year, employees with vacation accruals in excess of� �, i._1itikdv:�,_! -, i t 160 � hours may surrender some or all of their excess hours for cash payment at their hourly rate of pay. Employees musluse---hi 80 hours afvacation, time per year, to be entitled tc, surrenderhours for cash. 29 Page 220 of 537 Agenda Item #20. PBA Pr.p..,&[��� June 3, 2019 ARTICLE 19 LEAVE Regular employees shall be granted up to three (3) consecutive days of paid leave for death in the employee's family. The immediate family shall be construed to mean one of the following: Spouse Spouse's Parent Child Spouse's Brother Parent Spouse�s Sister Sister Spouse's Child Brother Step -Sister Grandparents Step -Parents Grandchild Step -Brother Domestic Partner Step- Child To qualify for this benefit in respect of the death of a domestic partner, the employee must be registered with the Office of the Clerk and Comptroller of Palm Beach County, pursuant to Palm Beach County Ordinance 2006-002, If additional time is necessary, the employee may request to use accrued vacation time, compensatory time offor personal days, or the Village Manager may, at his/hersole discretion, grant additional time offvvithout pay - 30 Page 221 of 537 Agenda Item #20. 3k I.A 1,.,.1.N June 3, 2019 ARTICLE 20 DUTY DIS A BILITY LEA V!, Section I - Any bargaining unit member who sustains an injury or incurs an illness which arises out ofand in the course ofhis or her employment by the Village and which is compensable under the workers compensation law of the State ofFlorida, and who in consequence thereofis temporarily disabled and rendered unable to perform his or her normal duties ofVillage employment, shall upon meeting the requirements ofthis Section, receive duty disability leave in accordance with the conditions set forth below: All requests for duty disability must be accompanied by a medical report from a physician authorized by the Village or his or her authorized medical representative which shall be in the form of the initial medical report in use by the Florida Industrial Commission and which shall state affirmatively that the employee is temporarily unable to perform the normal duties of Village employment and that he or she is therefore eligible for duty disability leave. A department head may approve or disapprove an employee's request for duty disability leave after an investigation to determine the validity of the request. The department head shall certify that (a) the injury or illness arose out of and in the course of employment by the Village.; (b) was not willfidly self-inflicted or the result of the employee's gross negligence as defined by law. (c) that the employee's activity at the time and place of the injury or activity from which the illness arose was both authorized and proper and not in violation of any rules or regulation concerning safety, work methods, procedures or equipment for the job as required by the department or the Village generally. The department head's action shall be subject to review by the Village Manager who may approve or reverse the same. Any employee receiving duty disability leave shall report to the Village physician periodically at the times the said physical shall reasonably require. The failure of an employee to appear for a scheduled physical examination shall be grounds for immediate cancellation ofsaid leave; unless the failure to appear is excused by the Village Manager. Ali employee who is granted duty disability leave will provide the Village with a copy of his or her workers' cornpensation check. The Village will provide die employee with a paycheck that is equal to the difference between tire amount of workers' compensation received by the employee and his or her regular salary (the regular salary is based on the pay rate applicable at the time ofinjury or illness, exclusive ofovertime). The performance evaluation period for employees on duty disability leave for greater than sixty (60) consecutive days, shall be extended for a period of time equivalent to the number of days the employee is on duty disability leave for all future evaluations. An employee on duty disability leave will accrue sick leave on the same basis as ifregularly employed, but such accrual is credited to the employee only upon return to work. If an employee separates without returrung to work, no payment shall be made for such sick credit. 31 Page 222 of 537 Agenda Item #20. 0 � 4 /k PBA Proposals June 3, 2019 5. Regular status employees shall receive duty disability commencing the first day of lost time. 6. Duty disabdity leave shall be allowed for a duration ofactual disability, up to a maximum of one hundred and eighty (180) calendar days. Separate injuries shall create separate periods ofcoverage. If an employee is unable to return to work at the end of the said one hundred and eighty (180) days, his or her case shall be reviewed by the Village Manager. The Village Manager shall decidewhether to order the benefits to continue for the duration of the actual disability, up to an additional ninety (90) calendar days or that the benefits shall not be extended. The employee shall be subject to termination after completion of 26) weeks ofduty disability. 7. Duty disability leave benefits shall be terminated by any of the following events: (a) recovery certified by the Village physician; (b) permanent disability certified by the Village physician. - (c) termination of employment whether by resignation, discharge or death of said employee; (d) employment ofany form, including self-employment; (e) employees refusing employment with the Village suitable to his or her capacity which is offered to or procured for him or her. The Village Manager may approve such refusal ofwork and thereby approve the continuation of'duty disability leave, 'nie general principle underlying the granting of duty disability leave benefits to an employee with a service connected disability is that the total payments from the Village, together with workers compensation benefits shall not exceed the employee's regular gross pay, exclusive ofovertime. Such leave is provided so that economic security will be available to an employee, Duty disability leave shall not be considered as a right which an employee may use at his or her discretion, but rather as a privilege which shall be allowed only in cases of duty connected disability and subject to. the applicable provisions contained herein. Section 2 - Unit members who are maliciously or intentionally injured within the course oftheir employment shall be paid pursuant to Section 440.15(l 1). Florida Statutes. 32 Page 223 of 537 Agenda Item #20. AK 1)311�, PBA Proposals June 3, 2019 ARTICLE 21. The following procedures will be used for the promotion of police officers to the rank of Sergeant. These procedures are meant to apply to sergeant positions which supervise traditional police functions in effect in the Police Department on October 1, 2015. Section I - The Village will announce promotion examinations at least forty-five (45) days in advance. The Village will also list the areas the examination will cover. All materials, if any, shall be provided to employee(s) taking the examination for the entire time period between announcement of the examination and the examination. Request to take the examination must be submitted within fourteen (14) days of posting. Section 2 To be eligible for promotion to sergeant, a police officer must meet the following requirements: Successful completion ofhis/her probationary period ofemployment with the Village of Tequesta Police Department, and Must be presently certified by the State of Florida as a police officer, and 3. Five (5) years' experience with the Village as a full-time certified police officer or eight (8) years continuous service as a full-time certified police officer, Section 3 All sworn personnel desiring promotion to sergeant in the Police Department will be required to take the appropriate promotional examination. In addition to the general requirements for promotion, employees will be required to meet die following qualifications to be admitted to such examination. Anyone taking an examination shall be an employee of the Police Department of the Village ofTequesta. An employee within the period of an authorized leave of absence From the Police Department of the Village of Tequesta shall be eligible to take such "animation, provided the period of the leave of absence shall not be considered in calculating the"time in grade" requirement of these rules. Candidates must obtain a minimum examination score of 70% during the assessment to be eligible for further consideration. Written promotional examinations shall be augmented by oral interviews and staff evaluations. The oral interviewsliall be conducted bythe Chief of Police and Assistant Chiefol' Police. At the Chief of Police's discretion, members of neighboring law enforcement agencies may participate in the oral interviews. The respective weights given to written examinations, oral interviews, and staff evaluations to determine the candidate's total rating shall be determined by the Chief of Police. Additionally, seniority points assigned on the basis of one-half (1/2) point for each year of continuous uninterrupted sworn service with the Village shall be applied, Authorized leaves of absence, for the purpose of this Article, 33 Page 224 of 537 Agenda Item #20. PBA Proposals June 3, 2019 Article, shall not be considered an interruption ofcontinuous service. Seniority points, however, shall not accrue during authorized leaves ofabsence. College points based on one point for every ihm i �_, 30 1 semester hours of college credits attained by the employee shall be applied up to a maximum of five (5) points. Military points based on one point for every ftill year of active duty service shall be applied up to a maximum of five (5) points. One point for very Four � f) years ofReserve or National Girard service (active drillin.-) shall be applied up to a maximum of five (5) points. Seniority, college and/or military points (up to a combined total of five (5) points for college credits and military service only) will be added to the final score ofthe assessment. Section 4 - The scores from the above testing procedures will then be posted and a promotional list will be made containing the names ofthe three officers with ft highest scores. The promotional list will be .-Ood for one (1) year. The ChiefofPolice in Ws sole discretion shall pick one ofthe officers for promotion. Ifthe officer declines the promotion, the Chiefof Police may choose another individual from the list ofthree. The scores from any examinations shall be retained for at least one (1) year after the promotion and shall be available for any candidate to see his/her own scores. Section 5 Upon promotion, the employee will serve a twelve (12) month probationary period. Section 6 If there are no successful candidates, the Chief of Police may appoint from inside or recruit an outside candidate to fill the position so Ion.- as the candidate meets the minimum requirements as set forth in section 2 (3) of this article. 34 Page 225 of 537 Agenda Item #20. PBA Proposals June3,2019 ARTICLE 22 3EHIGRITY AND Seniority shall be defined as the total length ofcontinuous service in the Police Department. Seniority shall continue to accrue during worker's compensation leave, holidays, vacation, bereavement leave, compensatory leave and sick leave approved by the Village. Leaves of absence without ,I � either approved or otherwise, shall not count towards the accrual of seniority. Employees shall lose their seniority as a result of any of the following actions: terminations; retirement; resignation; unjustified absence fi7om work for more than five (5) days; failure to report back from military leave within the time limits prescribed by law; and failure to report to the Village Manager's Office an intention to return to work w thin five (5) days ofreceipt ofa Notice of Recall verified by Certified Mail, return receipt, to the employee's last reported home address. In the event ofa layoff for any reason, the Village Manager shall convene a Review Committee consisting of the Village Manager and the Chief of Police, which shall be assigned the task of designating the employees to be affected by the necessitated layoffs in accordance with the provisions of this Article. Employees in the affected classifications shall be laid offin the inverse order ofhire. Laid off employees who are qualified for an existing opening in the Police Department as a swom law enforcement officer ofthe same or lesser rank than their fornier position will be recalled for up to six (6j months from the time they are laid off. Laid offemployces shall be recalled in reverse order in which they were laid off. In the event ofa recall, the Village shall notify the employee by certified mail, return receipt-, ofsuch recall and give the employee five (5) days to reply. It is the responsibility ofthe employee to keep his/her current address on file with the Village. No position shall be held open for an employee for more than five (5) days after he/she has received the Notice ofRecall. Nothing in this Article shall prevent the Village of Tequesta from exercising its management rights to reclassify, reassign, or eliminate positions occupied by any employee. Page 226 of 537 Agenda Item #20. 131i� PRA Proposals June 3, 2019 ARTICLE 23 3AFETY The parties agree that the safety of all employees is of paramount importance. The Department shafl endeavor to maintain a work schedule so that at least two full-time sworn law enforcement officers are on duty at all times. All requests for Special Duty Details will be provided by ftill-time officers at the applicable rate. Ifsufficient manpower is not available to meet the request, then reserve/part-time officers may be used at the Department's discretion. The Safety Committee will be in accordance with the Village's Safety Committee policy number 7. 1. 36 Page 227 of 537 Agenda Item #20. PBA Proposals June 3, 2019 NUFROKUM ER010 ?� I A L E0 U f P NIEN'1' Unit members may make written application to the Department Head for reimbursement or replacement of personal property required by the department or lost or damaged in the line of duty by describing the property (including its age, condition and cost) the circumstances under which it was lost or damaged, and the manner in which replacement of the item is suggested. Upon the recommendation of the Department Head, the Village Manager may at his sole discretion, approve or deny the repair, reimbursement or replacement ofthe property at Village expense. 37 Page 228 of 537 Agenda Item #20. 1/3M - � -lq PBA Proposals June 3, 2019 ARTICLE 25 B,ULLIMN BOARID The Village shall Furnish bulletin board space within the Police Department building for the exclusive use ofthe PBA for posting official PBA notices ofa businesslike non-inflammatory nature. AH notices Must be approved in writing prior to posting by the Chief of Police or his designee and signed by an elected official ofthe PBA. 3.8 i Page 229 of 537 Agenda Item #20. AFMCLE 26 PBA TIME POOL A Union time pool shall be established and administered by the Village. Contributions from Unit Members shall be made from time accumulated in vacation or holidayloverdme compensatory time off "barW established in Articles I I and 1 B. Such contributions shall be irrevocable. Each contribution shall be in an amount equal to four (4) hours of pay, although there is no limit to the number of contributions a Unit Member may make. The pool shall be used only for ihe purpose of compensating any bargaining unit member for assisting in PBA related business as determined by the agency representative. Any overtime liability which may be incurred due to payments made under this Article shall be paid out of the time pool. 36 N7 - Page 230 of 537 Agenda Item #20. PBA Proposals June 3, 2019 ARTICLE 27 �Y'C` , �-,kl " f ULES Section I - It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. Ln the event of a conflict between said policies, rules and regulations and this Agreement� the terms of this Agreement shall control. Each member of the unit shall be provided with a copy of the department's rules and regulations and any procedural manual formulated by the Village. Section 2 Notification ofany role change shall be provided to the PBA simultaneously with the promulgation ofthe change and prior to the effective date by posting said rule, unless circumstances dictate the imposition of an immediate effective date for the role change. 40 Page 231 of 537 Agenda Item #20. OK 0111 PBA Proposals June 3, 2019 ARTICLE 28 CARFER SERVICE13EPJEFlT All Bargaining Unit Memberswho have completed the required years ofservice, shall receive the following one-time, annual amounts, which will not be added to the base pay: Years of Continuous Service Annual Monetary Award Upon completion of 10 Years $750M Upon completion of 20 Years $1,250.00 2. Continuous service for purposes of this article shall be defined as employment in the Village without a break or interruption. Layoffs not exceeding one (1) year, authorized military leave, educational leave, vacation leave or lawful extension thereof, or reinstatement in accordance with this agreement, shall not affect continuity ofservice. 41 Page 232 of 537 Agenda Item #20. ARTICLE 29 RETIREMENT Page 233 of 537 Agenda Item #20. AR71CLE 30 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree 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 or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of the right and opportunity are set forth in this Agreement. This Agreement may be amended by mutual agreement of the parties but any amendment must be in writing and signed by duly authorized representatives of the parties before it will be effective. C, f Y -,J EN Page 234 of 537 Agenda Item #20. ARTICLE 31 DURATION, MODIFICATION AND TERMINATION The Agreement shall be effective upon ratification of the Parties, (except those Articles which explicitly provide for a different effective date) and shall continue in full force and effect until the thirtieth (30th) day of September, 2019. At least thirty (30) days prior to September 30, but not prior to April 1, either party hereto shall notify the other, in writing, of its intent to modify, amend, or terminate the Agreement. Failure to notify the other party of intention to modify, amend, or terminate as hereinabove set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. SIGNED this day of ATTEST: Lori McWilliams, MMC Village Clerk [VILLAGE SEAL] 41 2016. VILLAGE OF TEQUESTA Village Manager PALM BEACH COUNTY PBA John Kazanjian PBA President PALM BEACH COUNTY PBA Brennan Keeler PBA Attorney Page 235 of 537 Agenda Item #20. SK 13111 PBA Proposals June 3,2019 EXHIBIT A PBA / VILLAGE OF TEQUESTA GRIEVANCE FORM Note: before filling out this form, carefully read Article 5 of the VOT & PBA Collective Bargaining Agreement, Grievance Procedure. Please type or print p(ainly. NAME TITLE DEPARTMENT TODAY'S DATE 7 --- :,-- - 7 EMPLOYEE MUST PROVIDE THE FOLLOWING INFORMATION: (1) DATE OF ALLEGED INCIDENT GIVING RISE TO THIS GRIEVANCE: (2) ARTICLE AND SECTION OF THE AGREEMENT ALLEGEDLY VIOLATED: (3) RELEVANT INFORMATION CONCERNING THE GRIEVANCE: (4) RELIEF SOUGHT BY THE EMPLOYEE Note: Attach additional sheets, ifneeded. EMPLOYEE SIGNATURE: STEP I DATE RECEIVED BY DEPARTMENT HEAD: DEPARTMENT HEAD RESPONSE I ACTION FCOMMENTS.- Note: Attach additional sheets, ifneeded. 45 Page 236 of 537 Agenda Item #20. 5A 113111 DATE OF DEPARTMENT READ RESPONSE: DEPARTMENT HEAD SIGNATURE: STEP 2 (If desired) EMPLOYEE SIGNA DATE RECEIVED BY VILLAGE MAN VILLAGE MANAGER'S RESPONSE: Note: Attach additional sheets, if needed. DATE OF VILLAGE MANAGER'S RESPONSE - VILLAGE MANAGER'S SIGNA STEP 3 (If desired) PBA Proposals June 3, 2019 I AM NOT SATISFIED WITH THE STEP 2 RESPONSE AND WISH TO APPEALTHfS GRIEVANCE TO ARBITRATION. ACCOR-DFNGLY, THE EMPLOYEE SHALL FORWARD THIS TO THE 13BA FOR A DECISION RELATIVE TO PROCEEDING WITH ARBITRATION. EMPLOYEE SIGNURE: DATE RECEIVED BY PBA REPRESENTATIVE: THE PBA HAS DECIDED TO APPEAL THIS MATTER TO ARBITRATION PURSUANT TO ARTICLE 5, SECTION 4 STEP 3 OF THE COLLECTIVE BARGAINING AGREEMENT. PBA R-EPRESENTATIVE SIGNATURE DATE DATE RECEIVED BY VILLAGE MANAGER 46 Page 237 of 537