HomeMy WebLinkAboutAgreement_General_06/09/2011 AGREEMENT
BETWEEN
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
AND
VILLAGE OF TEQUESTA
COLLECTIVE BARGAINING AGREEMENT
2010 -2013
TABLE OF CONTENTS
Article No. Page No.
PREAMBLE ...................................................................................... ..............................1
ARTICLE1 ........................................................................................ ..............................2
RECOGNITION.............................................................................. ..............................2
ARTICLE2 ........................................................................................ ..............................3
REPRESENTATIVES OF PARTIES FOR BARGAINING PURPOSES .........................3
ARTICLE3 ........................................................................................ ..............................4
MANAGEMENT RIGHTS ............................................................... ..............................4
ARTICLE4 ........................................................................................ ..............................5
NONDISCRIMINATION ................................................................ ............................... 5
ARTICLE5 ........................................................................................ ..............................6
GRIEVANCE & ARBITRATION PROCEDURE ............................... ..............................6
ARTICLE6 ........................................................................................ ..............................9
NOSTRIKE .................................................................................... ..............................9
ARTICLE ....................................................................................... .............................10
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS ............... .............................10
ARTICLE8 ....................................................................................... .............................11
DISCIPLINE................................................................. .............................11
ARTICLE9 ....................................................................................... .............................12
COURTATTENDANCE ................................................................. .............................12
ARTICLE10 ..................................................................................... .............................13
RECALLPAY ................................................................................ .............................13
ARTICLE11 ..................................................................................... .............................14
HOURS OF WORK AND OVERTIME ............................................ .............................14
ARTICLE12 ..................................................................................... .............................15
UNIFORM ALLOWANCE .............................................................. .............................15
ARTICLE13 ..................................................................................... .............................16
WAGES......................................................................................... .............................16
ARTICLE14 ..................................................................................... .............................18
SPECIAL DUTY COMPENSATION ............................................... .............................18
ARTICLE15 ..................................................................................... .............................19
INSURANCE................................................................................. .............................19
ARTICLE16 ..................................................................................... .............................20
SICKLEAVE .................................................................................. .............................20
ARTICLE ..................................................................................... .............................22
HOLIDAYS.................................................................................... .............................22
ARTICLE18 ..................................................................................... .............................23
VACATION.................................................................................. ............................... 23
ARTICLE19 ..................................................................................... .............................24
BEREAVEMENTLEAVE ............................................................... .............................24
ARTICLE20 ..................................................................................... .............................25
DUTY DISABILITY LEAVE ............................................................ .............................25
ARTICLE21 ..................................................................................... .............................28
PROMOTIONS.............................................................................. .............................28
ARTICLE22 ..................................................................................... .............................30
SENIORITYAND LAYOFF ............................................................ .............................30
ARTICLE23 ..................................................................................... .............................31
SAFETY...................................................................................... ............................... 31
ARTICLE24 ..................................................................................... .............................32
PERSONAL EQUIPMENT ............................................................. .............................32
ARTICLE25 ..................................................................................... .............................33
BULLETINBOARD ........................................................................ .....:.......................33
ARTICLE26 ..................................................................................... .............................34
PBATIME POOL ......................................................................... ............................... 34
ARTICLE27 ..................................................................................... .............................35
WORKRULES .............................................................................. .............................35
ARTICLE28 ..................................................................................... .............................36
CAREER SERVICE BENEFIT ..................................................... ............................... 36
ARTICLE29 ..................................................................................... .............................37
RETIREMENT............................................................................. ............................... 37
ARTICLE30 ..................................................................................... .............................38
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ..................38
ARTICLE31 ..................................................................................... .............................39
DURATION, MODIFICATION AND TERMINATION ...................... .............................39
EXHIBITA ........................................................................................ .............................40
PBA /VILLAGE OF TEQUESTA GRIEVANCE FORM ................... .............................40
PREAMBLE
This Agreement is entered into between the Village of Tequesta, Florida, ( "Village "),
and the Palm Beach County Police Benevolent Association, hereinafter referred to as
the "P.B.A. ", for the purpose of promoting harmonious relations between the Village and
the bargaining unit represented by the P.B.A., 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 of pay, wages, hours of work, and other conditions of employment.
1
ARTICLE 1
RECOGNITION
Section 1
The Village recognizes the Palm 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 P.B.A. under this Agreement shall include All
certified sworn employees of the Police Department within the ranks of police officer
and sergeant.
Excluded from the bargaining unit shall be all non -sworn employees of the Police
Department, the Chief of Police, the Assistant Chief of Police, captain and lieutenants.
Excluded from the bargaining unit for purposes of wages, hours, and terms and
conditions of employment are all part-time officers, auxiliary, and reserve officers.
2
ARTICLE 2
REPRESENTATIVES OF PARTIES
FOR BARGAINING PURPOSES
Section 1:
The Village agrees that during the term of this Agreement it will deal only with the
authorized representatives of the PBA in all matters involving wages, hours, and terms
and conditions of employment 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
otherwise provided in Chapter 447, Part ll, 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 of employment.
Section 3:
Upon request by one party, the other party shall provide, in writing, the name(s) of its
representatives(s) within three (3) days of such request.
3
ARTICLE 3
MANAGEMENT RIGHTS
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 officially 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 for just cause;
F. To increase, reduce, change, subcontract, modify or alter the composition
and size of the work force, including the right 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;
H. To establish, change or eliminate existing methods of operation, equipment
or facilities, and to establish, implement and maintain an effective internal
security program.
I. The Village has the authority to determine its purpose and mission and to
prepare and submit budgets.
4
ARTICLE 4
NON DISCRIMINATION
Section 1.
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 of age, 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.
5
ARTICLE 5
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. Grievance Procedure
A grievance shall be defined as a dispute over the interpretation of or application of the
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 the 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 the resolution of grievances or misunderstandings between the parties
arising from the application or interpretation of this agreement as follows:
Step 1. The aggrieved employee with or without a union representative may present a
written grievance to Chief within ten (10) working 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 ten (10) working days.
Step 2. If the grievance has not been satisfactorily resolved in step 1, the PBA
representative and /or the aggrieved employee may appeal the grievance to
Village Manager, in writing, within ten (10) working days of the date the
response was due in Step 1.
The Village Manager shall respond to matter within his /her authority, in writing,
within ten (10) working days to the employee and PBA.
6
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 the
grievance will be treated as withdrawn with prejudice. If the Village fails to respond to
the grievance within these time limits, the grievance will be treated as denied, effective
on the date the response was due.
Section 3.
Should the Village wish to press a grievance, such grievance must be presented to the
PBA for a response. The PBA shall have ten (10) working days in which to submit a
written response. The Village may appeal the PBA's response to arbitration pursuant to
Section 4 of the procedure below.
Section 4. Arbitration Referral
Step 3.
1. If the grievance is not resolved at Step 2 of the Grievance Procedure, the
aggrieved employee or the PBA may, within ten (10) working days of the date
the response was due in Step 2, submit a request for arbitration to the Village
Manager. In general grievances, either the PBA or the Village may request to
take the issue or grievance to arbitration.
2. If the parties fail to mutually agree upon an arbitrator within ten (10) days
after the date of receipt of the arbitration request, a list of seven (7) qualified
neutrals from the Federal Mediation & Conciliation Service (FMCS) shall be
requested by either party, with a copy of the request sent to the other party.
Within five (5) days after the receipt of the list, the parties shall meet and
alternately 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) days of receipt of
the panel from FCMS will be considered a withdrawal of the grievance with
prejudice.
3. The hearing on the grievance shall be informal and the strict rules 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 of the agreement. The arbitrator shall not
have the authority to determine any issues not submitted.
7
5. The decision of the arbitrator shall be final and binding upon the aggrieved
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 borne equally by the parties,
unless otherwise agreed to by the parties.
7. Attendance at any arbitration procedure and compensation of participants
shall be the 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 arbitrator's award, corrective action, if any, will be
implemented as soon as possible.
11. If either party to this agreement requests a copy of transcripts of the
arbitration hearings, both parties will share equally the cost of such
transcripts.
Section 5.
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 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 6.
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.
8
ARTICLE 6
NO STRIKE
"Strike" means the concerted failure to report for duty, the concerted absence of
employees 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 full and faithful performance of their duties of employment with the
Village, participation in a deliberate and concerted course of conduct which adversely
affects the services of the Village, picketing or demonstration in furtherance of work
stoppage, either during the term of or after the expiration of a 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 of special 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 of the State
of Florida, Article I, 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 of this Article and the law by remaining at work during any interruption which
may be initiated by others; and their responsibility, in event of breach of this Article or
the law by other employees 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.
9
ARTICLE 7
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS
Section 1:
The parties agree that the Village will adopt a drug -free workplace program pursuant to
Section 440.102, Florida Statutes.
Section 2:
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.
10
ARTICLE 8
DISCIPLINE
The Village recognizes its rights and obligations under the Police Officer Bill of Rights,
Section 112.532 et. seq, Florida Statutes, as amended.
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(1).
The Village and the PBA hereby agree to abide by Section 112.533 relative to the
receipt and processing of complaints from any person.
11
ARTICLE 9
COURT ATTENDANCE
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 of court 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.
12
ARTICLE 10
RECALL PAY
Section 1:
Except as provided in Section 2, an employee who is recalled to duty shall be
compensated at a rate of 1 Y2 times for the actual hours worked or a minimum of two (2)
hours, whichever is greater. Recalled to duty shall be defined as a Unit member having
gone off -duty after completing his /her shift, but prior to returning for next regularly
scheduled shift. If the Recall is cancelled before the employee reports to the station,
the employee will be compensated for one (1) hour pay, in addition to the hours actually
worked.
Section 2:
Employees who are requested to provide early relief of a scheduled shift shall be
compensated for one (1) additional hour in addition to the actual time worked. Under
this circumstance, the minimum hours worked provisions do not apply.
13
ARTICLE 11
HOURS OF WORK AND OVERTIME
Section 1:
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 (1'/) 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. When feasible, three (3) days notice of a change in a
regular work schedule will be given.
Section 3:
Employees may receive overtime compensation in the form of pay or compensatory
time. An employee may not accumulate more than an aggregate total of eighty (80)
hours of time under this Article and Article17, Holidays, combined, unless approved in
advance by the Village Manager. Compensatory time accruals may be requested for
use in minimum one (1) hour increments.
14
ARTICLE 12
UNIFORM ALLOWANCE
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
of the Bargaining Unit, a shoe allowance of $100.00 per year to all Unit members, and a
clothing allowance of $ $575.00 per year to Detectives pursuant to applicable policies of
the Police Department Policies and Procedures Manual approved by the Village
Manager.
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 pro rated share of the allowance for the remaining months of
the fiscal year.
15
Article 13
WAGES
Section 1:
It is agreed between the parties that the pay range for bargaining unit employees is as
follows:
Fiscal Year 2010 -11
Police Officer/Trainee (first year) $40,071.15
Minimum Maximum
Police Officer $42,179.55 $64,932.00
Police Sergeant $55,973.40 $80,118.15
There will be no increases for fiscal year 2010 -11.
Fiscal Years 2011 -13
Effective October 1, 2011, and October 1, 2012, bargaining unit members shall receive
a three (3 %) pay increase with the current ranges being moved by 3% on October 1 of
2011 and 2012.
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 30 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 may 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.
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
16
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) days of receipt of the performance review by the employee. The Chief of
Police will have five (5) 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) 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) 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) working days after the meeting between the
employee and the Village Manager.
17
ARTICLE 14
SPECIAL DUTY COMPENSATION
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 Division shall receive a pay
differential of 5 %.
Section 3
An officer assigned as a Field Training Officer (FTO) shall receive a pay differential of
five percent (5 %) and will have the rank of Corporal. The FTO Corporal must have
completed an FDLE approved Field Training Officers Course and have been approved
by the Chief of Police or designee.
In the absence of a sergeant, the FTO corporal will assume the role of the squad
supervisor. The FTO Corporal cannot refuse the assignment.
18
ARTICLE 15
INSURANCE
Section 1:
1. The Village agrees to pay one hundred percent (100 %) of the employee
cost of health insurance.
2. 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.
(a) The Village agrees to pay one hundred percent (100 %) of the
employee cost of dental insurance.
(b) 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.
3. The Village will provide life insurance for full -time employees at one and
one -half (1 Y2) times their annual salary, plus an additional Five Thousand
Dollars ($5,000.00), up to a maximum of $150,000.
4. This article will be reopened annually for renegotiation upon written notice
by either party.
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
continue to be enrolled during their tenure with the Village, the Village's present and
available health insurance plan and maintain full coverage for themselves at a
minimum. The Unit Members may enroll eligible dependants at their option.
19
ARTICLE 16
SICK LEAVE
Section 1:
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 140 days (1120
hours).
Sick leave shall not accrue during leaves of absence without pay or suspensions
without pay.
For absences of more 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 -time unit members may use sick leave when ill, when the full -time unit member has
a doctor's appointment, but not to exceed the extent of time required to complete such
appointments, or when an immediate 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 of three (3) days. Earned sick leave accruals must be
exhausted prior to taking an unpaid medical leave of absence.
Section 3:
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.
YEARS OF PERCENT OF ACCRUAL
EMPLOYMENT PAID TO EMPLOYEE
One (1) 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
20
Section 4:
Sick Leave Buy Back Effective December 1 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 480 hours, and who has taken no more than 40 hours of
sick leave during the twelve (12) month period immediately preceding December 1 of
each fiscal year, may surrender 40 hours for cash payment at one hundred percent
(100 %) of their current hourly rate. Any additional eligible hours may be redeemed at
fifty percent (50 %) of their current hourly rate. However, Unit Members must have at
least 360 hours of sick leave remaining after surrendering sick leave for cash payment
to be eligible to buy back sick leave under these provisions.
21
ARTICLE 17
HOLIDAYS
Section 1:
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
(1 Y2) times their regular 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 1 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 longer be available to the Unit member for utilization.
Accumulated holiday accruals must be used during the fiscal year or it will be paid out
the last pay period of that fiscal year.
22
ARTICLE 18
VACATION
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 ANNUAL VACATION
ANNIVERSARY LEAVE ACCRUAL
Zero (0) through Four (4) 80 hours
Five (5) through Nine (9) 120 hours
Ten (10) or more 160 hours
The 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 of the employee's annual allotment each pay period.
The maximum carry-over under this Article is 40 days (320 hours). Vacation leave may
be requested for use in minimum four (4) hour increments.
Vacation leave shall not accrue during leaves of absence without pay or suspensions
without pay.
On September 1 of each year, employees with vacation accruals in excess of 160 hours
may surrender some or all of their excess hours for cash payment at their hourly rate of
pay. Employees must use 80 hours of vacation time per year, to be entitled to surrender
hours for cash.
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ARTICLE 19
BEREAVEMENT 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 off or personal days, or the Village Manager may, at his /her sole
discretion, grant additional time off without pay.
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ARTICLE 20
DUTY DISABILITY LEAVE
Section 1:
Any bargaining unit member who sustains an injury or incurs an illness which arises out
of and in the course of his or her employment by the Village and which is compensable
under the workers compensation law of the State of Florida, and who in consequence
thereof is temporarily disabled and rendered unable to perform his or her normal duties
of Village employment, shall upon meeting the requirements of this Section, receive
duty disability leave in accordance with the conditions set forth below:
1. 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.
2. 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
willfully 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.
3. 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 of said leave;
unless the failure to appear is excused by the Village Manager.
4. An employee who is granted duty disability leave will provide the Village
with a copy of his or her workers' compensation check. The Village will
provide the employee with a paycheck that is equal to the difference
between the amount of workers' compensation received by the employee
and his or her regular salary (the regular salary is based on the pay rate
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applicable at the time of injury or illness, exclusive of overtime). 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 if regularly employed, but such
accrual is credited to the employee only upon return to work. If an
employee separates without returning to work, no payment shall be made
for such sick credit.
5. Regular status employees shall receive duty disability commencing the
first day of lost time.
6. Duty disability leave shall be allowed for a duration of actual disability, up
to a maximum of one hundred and eight (180) calendar days. Separate
injuries shall create separate periods of coverage. 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 decide whether 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 of duty
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 of any 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 of work and thereby
approve the continuation of duty disability leave.
The 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 of overtime. Such leave is provided so that economic security will
26
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 of their
employment shall be paid pursuant to Section 440.15(l 1), Florida Statutes.
27
ARTICLE 21
PROMOTIONS
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, 2007.
Section 1:
The Village will announce promotional examinations at least forty -five (45) days in
advance. The Village will also list the areas the examination will cover. All materials
shall be provided to employee(s) taking the examination for the entire time period
between announcement of the examination and the examination. Written bids must be
submitted for the position within fourteen (14) days of posting. Bids which are not
submitted in a timely fashion may be considered at the sole discretion of the Chief of
Police.
Section 2:
To be eligible for a promotion to sergeant, a police officer must meet the following
requirements:
1. Successful completion of his /her probationary period of employment with
the Village of Tequesta, and
2. Must be presently certified by the State of Florida as a police officer, and
3. Three (3) years experience with Village as a full -time certified police
officer, or eight (8) years continuous service as a full -time State of Florida
certified police officer.
Section 3:
All sworn personnel desiring promotion in the Police Department will be required to take
the appropriate promotional examination. In addition to the general requirements for
Village promotion, employees will be required to meet the following qualifications to be
admitted to such examination:
1. Admission to examination for promotion to sergeant shall be restricted to
police officers who have been in that position continuously for three (3)
years immediately preceding the examination.
2. Anyone taking an examination shall be an employee of the Police
Department of the Village of Tequesta.
3. 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
28
examination, 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% in written examinations
to be eligible for further consideration. Written promotional examinations shall be
augmented by oral interviews and staff evaluations. The oral interview shall be
conducted by the Human Resource Director of the Village of Tequesta, members of
neighboring law enforcement agencies and /or a Village official or community leader
within the Village of Tequesta or a neighboring City. The respective weights given to
written examinations, oral interviews, and staff evaluations to determine the candidate's
total rating shall be:
Written examination 50%
Oral Interview 25%
Staff evaluation 25%
An aggregate score of 70% must be attained to be eligible for promotion. Additionally,
seniority points assigned on the basis of one -half (1/2) point for each year of continuous
uninterrupted sworn service (in excess of the minimum number of years of service
required for the employee to be eligible for promotion) shall be applied.
Authorized leaves of absence, for the purpose of this Article, shall not be considered an
interruption of continuous service.
Seniority points, however, shall not accrue during authorized leaves of absence. Lastly,
college points based on one point for every 30 semester hours of college course credits
attained by the employee shall be applied.
Section 4:
The scores from the above testing procedures will then be posted and a promotional list
will be made containing the names of the three officers with the highest scores, listed in
alphabetical order. The Chief of Police in his sole discretion shall pick one of the
officers for promotion. If the officer declines the promotion, the Chief of Police may
choose another individual from the list of three. The scores from both the written and
oral examinations shall be retained for at least thirty (30) days 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:
1. Appoint any member of the Department to fill the position; or
2. Recruit an outside candidate to fill the position.
29
ARTICLE 22
SENIORITY AND LAYOFF
Seniority shall be defined as the total length of continuous 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 pay, 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 from 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 of receipt of a Notice of Recall verified by Certified Mail, return
receipt, to the employee's last reported home address.
In the event of a 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 off in the inverse order of hire.
Laid off employees who are qualified for an existing opening in the Police Department
as a sworn law enforcement officer of the same or lesser rank than their former position
will be recalled for up to six (6) months from the time they are laid off. Laid off
employees shall be recalled in reverse order in which they were laid off. In the event of
a recall, the Village shall notify the employee by certified mail, return receipt; of such
recall and give the employee five (5) days to reply. It is the responsibility of the
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 of Recall.
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.
30
ARTICLE 23
SAFETY
The parties agree that the safety of all employees is of paramount importance. The
Department shall 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 full -time officers at the
applicable rate. If sufficient 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.
31
ARTICLE 24
PERSONAL EQUIPMENT
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 of the property at Village expense.
32
ARTICLE 25
BULLETIN BOARD
The Village shall furnish bulletin board space within the Police Department building for
the exclusive use of the PBA for posting official PBA notices of a businesslike non -
inflammatory nature. All notices must be approved in writing prior to posting by the
Chief of Police or his designee and signed by an elected official of the PBA.
33
ARTICLE 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
holiday /overtime compensatory time off "bank" established in Articles 11 and 18. 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 the 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.
34
ARTICLE 27
WORK RULES
Section 1:
It is agreed and understood that the Police Department currently has policies, rules and
regulations governing employment. In 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 of any role change shall be provided to the PBA simultaneously with the
promulgation of the 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.
35
ARTICLE 28
CAREER SERVICE BENEFIT
1. All Bargaining Unit Members who have completed the required years of service,
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 $ 750.00
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 of service.
36
ARTICLE 29
RETIREMENT
Pursuant to the Memorandum of Understanding executed between the parties on July
17, 1996, the parties to this Agreement agree to the provisions of the Public Safety
Officers Pension Trust Fund applicable to full -time employees hired by the Village
between January 1, 1996 to the effective date of this 2010 -2013 contract. Any unit
member who, prior to January 1, 1996, was a participant in the Florida Retirement
System (FRS) and was employed by the Village on December 31, 1995, shall remain a
participant of the FRS.
New Hires
Upon the execution of this contract all new, full -time employees hired after the effective
date of this contract, will be offered the option to join a 401A plan and contribute up to
5% of their pay to this plan. The Village will contribute a matching amount.
37
ARTICLE 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.
38
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, 2013.
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 Q day of 2011.
ATTEST: VILLAGE OF TEQUESTA
Lori McWilliams, ¢MC Michael Couz
Village Clerk Y�'► Village Mana er
„Y91h1bi:,op
60RP��4'`,Q`:, PALM BEACH COUNTY PBA
`SFq 9mG�p
[VILLAG&S'
John i n
P r ent
APPROV S TO FORM AN LEGAL
SU I NC
eith Davis, Esq.
Vill or
39
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 plainly.
NAME TITLE
DEPARTMENT TODAY'S DATE
MAILING ADDRESS
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, if needed.
EMPLOYEE SIGNATURE:
STEP 1
DATE RECEIVED BY DEPARTMENT HEAD:
DEPARTMENT HEAD RESPONSE / ACTION / COMMENTS:
Note: Attach additional sheets, if needed.
40
DATE OF DEPARTMENT HEAD RESPONSE:
DEPARTMENT HEAD SIGNATURE:
STEP 2 (If desired)
EMPLOYEE SIGNATURE:
DATE RECEIVED BY VILLAGE MANAGER:
VILLAGE MANAGER'S RESPONSE:
Note: Attach additional sheets, if needed.
DATE OF VILLAGE MANAGER'S RESPONSE:
VILLAGE MANAGER'S SIGNATURE:
STEP 3 (If desired)
I AM NOT SATISFIED WITH THE STEP 2 RESPONSE AND WISH TO APPEAL THIS
GRIEVANCE TO ARBITRATION. ACCORDINGLY, THE EMPLOYEE SHALL
FORWARD THIS TO THE PBA FOR A DECISION RELATIVE TO PROCEEDING
WITH ARBITRATION.
EMPLOYEE SIGNATURE:
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 REPRESENTATIVE SIGNATURE DATE
DATE RECEIVED BY VILLAGE MANAGER
41