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AGREEMENT
BETWEEN
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
AND
VILLAGE OF TEQUESTA
COLLECTIVE BARGAINING AGREEMENT
2007 - 2010
TABLE OF CONTENTS
Article No. Page No.
PREAMBLE ....................................................................................................................1
ARTICLE 1 ......................................................................................................................2
RECOGNITION ............................................................................................................2
ARTICLE 2 ......................................................................................................................3
REPRESENTATIVES OF PARTIES FOR BARGAINING PURPOSES .........................3
ARTICLE 3 ......................................................................................................................4
MANAGEMENT RIGHTS .............................................................................................4
ARTICLE 4 ......................................................................................................................5
NON DISCRIMINATION ............................................................................................... 5
ARTICLE 5 ......................................................................................................................6
GRIEVANCE & ARBITRATION PROCEDURE .............................................................6
ARTICLE 6 ......................................................................................................................9
NO STRIKE ..................................................................................................................9
ARTICLE 7 ....................................................................................................................10
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS ............................................10
ARTICLE 8 ....................................................................................................................11
DISCIPLINE ...............................................................................................................12
ARTICLE 9 ....................................................................................................................12
COURT ATTENDANCE ..............................................................................................12
ARTICLE 10 ......................................................................................................•---........13
RECALL PAY .............................................................................................................13
ARTICLE 11 ..................................................................................................................14
HOURS OF WORKAND OVERTIME .........................................................................14
ARTICLE 12 ..................................................................................................................15
UNIFORM ALLOWANCE ...........................................................................................15
ARTICLE 13 ..................................................................................................................16
WAGES ......................................................................................................................16
ARTICLE 14 ..................................................................................................................18
SPECIAL DUTY COMPENSATION ............................................................................18
ARTICLE 15 ..................................................................................................................19
INSURANCE ..............................................................................................................19
ARTICLE 16 .................................................................................................................20
SICK LEAVE ...............................................................................................................20
ARTICLE 17 ..................................................................................................................22
HOLIDAYS .................................................................................................................22
ARTICLE 18 ..................................................................................................................24
VACATION ................................................................................................................. 24
ARTICLE 19 ..................................................................................................................25
BEREAVEMENT LEAVE ............................................................................................25
ARTICLE 20 ..................................................................................................................26
DUTY DISABILITY LEAVE .........................................................................................26
ARTICLE 21 ..................................................................................................................29
PROMOTIONS ........................................................................................................... 29
ARTICLE 22 ..................................................................................................................31
SENIORITY AND LAYOFF ......................................................................................... 31
ARTICLE 23 ..................................................................................................................32
SAFETY ..................................................................................................................... 32
ARTICLE 24 ..................................................................................................................33
PERSONAL EQUIPMENT ..........................................................................................33
ARTICLE 25 ..................................................................................................................34
BULLETIN BOARD .....................................................................................................34
ARTICLE 26 ...........................................................................................•----..................35
TAKE HOME VEHICLES ............................................................................................12
ARTICLE 27 ..................................................................................................................36
PBA TIME POOL ........................................................................................................ 36
ARTICLE 28 ..................................................................................................................37
WORK RULES ........................................................................................................... 37
ARTICLE 29 ..................................................................................................................38
CAREER SERVICE BENEFIT .................................................................................... 38
ARTICLE 30 ..................................................................................................................39
RETIREMENT ............................................................................................................ 39
ARTICLE 31 ..................................................................................................................40
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ..................40
ARTICLE 32 ..................................................................................................................41
DURATION, MODIFICATION AND TERMINATION ...................................................41
EXHIBIT A .....................................................................................................................42
PBA /VILLAGE OF TEQUESTA GRIEVANCE FORM ................................................42
EXHIBIT B .....................................................................................................................44
TEQUESTA POLICE DEPARTMENT CAREER OFFICER MANUAL .........................44
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, 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 II, 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, 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. !f 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 faits 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.
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 American Arbitration Association (AAA} 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 AAA 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 is 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 adrug-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 1-1/2 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 (1-1/2) 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 hours worked, sick leave, holidays not worked, personal
days, and bereavement leave shall not be included as hours worked. Additionally, off-
duty employment as established by ordinance and collective bargaining pursuant to
Article 25 of this Agreement shall not be included.
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. 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:
Police Officer (first year) $38,163
Minimum Maximum
Police Officer $40,171 61,840
$53,308 76,303
Fiscal Year 2007-08
Effective (and retroactive to) October 1, 2007, unit members shall receive an across the
board salary increase of $3,271.00
For the fiscal year beginning October 1, 2008, bargaining unit members shall receive a
5% salary increase, and additionally, for the fiscal year beginning October 1, 2009,
bargaining unit members shall receive a 5% salary increase.
Section 2:
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 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. 1f 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..
Section 4
Career Path -Career Police Officers
In an effort to come into parity with other police agencies and to recognize on-going
good police work, the Village and the PBA agree to the Career Path Advancement
Process attached hereto as Exhibit "B" and incorporated herein by reference. The
Career Path process would not begin until the third year of this Agreement (FY 2009-
2010).
The compensation for each career level shall be negotiated in the second year (FY
2008-2009) of the contract. The Career Officer Program Compensation, shall be paid
within the established ranges for each classification. Such payment shall be included
within overtime and pension computation.
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 CMS 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
dependant 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 '/2) 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.
Sick leave shall be retroactive to the initial date of hire upon satisfactorily completing
the initial employment probation and attaining regular employee status.
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 may request, at its discretion, 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, and
to supplement Workers' Compensation temporary disability benefits as a result of an
on-the job injury in an amount sufficient to equal the employee's regular rate of pay
during the period of temporary disability, provided however such supplementary
benefits shall not be paid in excess of the accrued sick leave credited to the employee.
While out on Workers' Compensation, the employee 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.
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.
20
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
EMPLOYMENT
PERCENT OF ACCRUAL
PAID TO EMPLOYEE
One (1) through Four (4)
Five (5) through Nine (9)
Ten (10) through Nineteen (19)
Twenty (20) or more
Section 4:
25 Percent
33 Percent
40 Percent
50 Percent
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 seventy-five percent
(75%) 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
In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding
Friday shall be deemed to be the legal holiday. Where December 24th and 25th and
December 31 st and January 15t fall on a Saturday/Sunday, the holidays will be observed
on the following Monday and Tuesday. Where these dates fall on a Friday/Saturday,
the holiday falling on the Saturday will be observed on the Monday, and where these
dates fall on a Sunday/Monday, the additional day will be observed on the Tuesday.
Unit members who work on a legal holiday defined above, shall receive one and one-
half (1-1/2) times their regular rate of pay and eight (8) hours of holiday pay (i.e., at
their base rate). The one and one-half times the base rate of pay shall not apply unless
the Unit member has actually worked three (3) or more hours. In calculating the hours
worked, the minimum hours worked provisions of Article 9, Section 1, shall not apply,
only actual hours worked shall apply.
Unit members whose regularly scheduled day off falls on a holiday shall receive eight
(8) hours of holiday pay.
In no event shall a Unit member receive in excess of eight (8) hours of holiday pay for
any recognized Village holiday.
22
Section 2:
Unit members 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.
Section 3:
Employees may elect to take compensatory time off in lieu of holiday pay. Such time
credited under this Article and Article 10, Hours of Work and Overtime, shall not exceed
a combined total of eighty (80) hours. Such time may be requested for use in minimum
one (1) hour increments.
23
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
ANNIVERSARY
ANNUAL VACATION
LEAVE ACCRUAL
Zero (0) through Four (4)
Five (5) through Nine (9)
Ten (10) or more
80 hours
120 hours
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 asemi-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.
24
ARTICLE 19
BEREAVEMENT LEAVE
Regular employees sha11 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
Child
Parent
Sister
Brother
Grandparents
Grandchild
Domestic Partner
Spouse's Parent
Spouse's Brother
Spouse's Sister
Spouse's Child
Step-Sister
Step-Parents
Step-Brother
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.
25
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 shall receive his or her
regular salary based on the pay rate applicable at the time of injury or
illness, exclusive of overtime. The employee will continue to receive a
paycheck from the Village and will sign over to the Village all workers'
compensation checks received during their absence. The performance
26
evaluation period for employees on duty disability leave for greater than
sixty (60) consecutive days shall be extended fora 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 shall not
continue to accrue any leave.
5. The net duty disability leave benefits paid to an employee under sub-
section 4 above, who is on duty disability leave shall be deducted from
any award of workers compensation to the employee, whether for
temporary or permanent disability, and shall apply as advance payments
of compensation, as provided by Section 440.20(11), Florida Statutes.
6. Regular status employees shall receive duty disability commencing the
first day of lost time. Other employees shall receive duty disability benefits
after the first 14-day calendar days of lost time.
7. 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.
8. 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.
27
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
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(12), Florida Statutes.
28
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
29
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.
30
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.
31
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.
32
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.
33
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.
34
ARTICLE 26
TAKE HOME VEHICLES
Section 1.
Assigned vehicles shall ordinarily be authorized for employees where a take home
vehicle would be appropriate based on the employees' job function.
Section 2.
Employees will only be assigned a take home vehicle if they reside in the following
counties: Palm Beach, Martin, St. Lucie, Hendry, Broward and Okeechobee.
Section 3.
Employees assigned a take home vehicle shall pay a fuel charge through payroll
deduction of fifteen dollars ($15.00) per pay period excluding anyone currently assigned
a take-home vehicle because of their job duties. All bargaining unit members who
reside in the Village of Tequesta or within a ten (10) mile radius of the Village of
Tequesta Police Department shall be exempt from the payment of $15.00 per pay
period.
Section 4.
Other than emergency vehicle repairs, maintenance of take home vehicles shall be
performed during employee's regular duty status.
35
ARTICLE 27
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 10 and 15. 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.
36
ARTICLE 28
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.
37
ARTICLE 29
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
Upon completion of 10 Years
Upon completion of 20 Years
Annual Monetary Award
$ 750.00
$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.
38
ARTICLE 30
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 all new full-time employees hired by the
Village on or after January 1, 1996. 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.
39
ARTICLE 31
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.
40
ARTICLE 32
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, 2010.
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 ~ ;~ , 2008.
ATTEST:
~1 ~ ~ c(..t~ ~Q.F-~ a~~-_
Lori McWilliams, CMC
Village Clerk
[VILLAGE S
VILLAGE OF TEQUESTA
_--
Michael Couzzo O
Village Manager ~ v
PALM BEACH GOUN,TY P
John Kazanjia
President
~/ l~~ ~~LfGG~
APPROVED itA-~ d~-B-tE6A~
SL-~-~F-I CC I-E-PJ O-Y q~ ~~~ f/~`~~~
6L~~~ ~~ ~~?~ /~ ~ ~oo~
Trela Whi#e, Esq.
ViII~Atts~mey ~~~~~
41
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
DEPARTMENT
TITLE
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.
42
DATE OF DEPARTMENT HEAD RESPONSE:
DEPARTMENT HEAD SIGNATURE:
EMPLOYEE SIGNATURE:
STEP 2 (If desired)
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:
I AM NOT SATISFIED WITH THE
GRIEVANCE TO ARBITRATIO
FORWARD THIS TO THE PBA
WITH ARBITRATION.
EMPLOYEE SIGNATURE:
STEP 3 (If desired)
STEP 2 RESPONSE AND WISH TO APPEAL THIS
N. ACCORDINGLY, THE EMPLOYEE SHALL
FOR A DECISION RELATIVE TO PROCEEDING
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
43
EXHIBIT B
TEQUESTA POLICE DEPARTMENT CAREER OFFICER MANUAL
INTRODUCTION
The Tequesta Police Department Career Development Plan is a voluntary program
designed to motivate the non-supervisory officer to interact with the community and to
gain new knowledge and skills. The program enables department members below the
supervisory and management ranks to have an opportunity to participate in a
challenging program, which offers personal growth advancement and recognition.
The program includes four advancement levels, which include three progressive career
officer ratings leading to the ultimate goal of becoming a Master Police Officer. It is a
program similar to a college curriculum through which officers acquire skills and
knowledge that contribute to their professional success. It provides career guidance,
recognition of accomplishments, and financial incentives. The program provides a
career track for officers who want to go beyond the minimum requirements of their jobs
and who want to be recognized and rewarded for their endeavors.
The four (4) levels of advancement have specific requirements in three (3) achievement
categories (Training, Professional Achievement and Community Involvement) in
addition to time in grade and assignment requirements. Officers must be in good
standing for twelve (12) months prior to advancing to the next level in the Career
Development Program.
44
ENTRY PLACEMENT
When Career Development is implemented, members who have not yet been promoted
to Police Officer First-Class will have to advance through the formal process. Officers
who are already Police Officer First Class may be considered for placement into a
career officer level based on their years of service and their previous record, as
assessed by the Review Committee (see "Projected Officer Advancements"
attachment).
The Review Committee compares members' work histories and qualifications against
the thresholds for attainment of the various levels. The subjectivity of such a system is
acknowledged, but such assessment is necessary. At startup, the key to success is
consistency in the application of appropriate standards by the Review Committee. (The
Review Committee will be addressed in a later section.)
To understand the "entry placement" process, remember that Career Development is
like a college curriculum. The placement process, then, is like the College Level Entry
Placement (CLEP) process that allows an individual to apply certain prior training and
work experience in lieu of more structured course work. The following limitations are
established for the process to ensure fairness:
• No officer can be placed into the MPO level unless that officer's pre-career
development work record is representative of each of the achievement areas
(professional achievement, community involvement, and training) established.
• During the placement process, member's qualifications and work records will be
compared to the program standards. While members may be placed into a level
comparable to their years of service, this would occur only when an officer's work
records parallel formal program standards.
45
GOOD STANDING
"Good Standing" is defined and shall be applied as follows:
• No evaluation grade of "unsatisfactory" on any dimension of a performance
appraisal issued during the preceding 12 months.
• No more than three (3) sustained disciplinary violations (written reprimand or above)
during the preceding 12 months.
• No discipline amounting to more than eight (8) hours of suspension during the
preceding 12 months.
• Members must have worked a minimum of 180 days (1440 hours) within the
preceding 12 months. (Minimum workdays shall apply only to qualifying for
advancement, but. shall not be the sole basis for reduction from any career
development rating.)
Officers participating in the program must maintain good standing at all times. When
good standing is threatened by an "unsatisfactory" dimension on a pertormance
appraisal, members have up to 90 days to correct the deficiency. All dimensions must
be rated "satisfactory" or above within the initial 90 day re-evaluation period for a
member to retain good standing. Good standing is lost automatically for an excessive
number of violations or hours of suspension during the preceding 12 months.
When good standing is lost, members have 12 months added to their next possible
advancement date. For example, a Career Officer I normally could advance to Career
Officer II upon completing eight years of service; upon falling out of good standing
once, however, a Career Officer I will have to complete nine years of service before
becoming eligible for Career Officer II.
Should an officer fall out of good standing all credits earned up to that date will be
accepted. The first loss of good standing will result in the officer being demoted from
the current career level. Example: An MPO would be demoted to Career Officer III.
Additional violations resulting in discipline would mean all payments and bonuses are
not awarded until good standing has been reestablished.
Officers who revert to a lower level shall be eligible to regain their higher level after 12
months, as long as good standing was regained and no additional notice of being out of
good standing was received. Those who receive a subsequent notice that they remain
out of good standing will have the 12-month clock started again
46
Any career development participant demoted to a rank less than Police Officer First
Class is not eligible to continue in the program. The member is "decertified" from
career development and is ineligible to receive benefits. Prior to re-qualification to the
program the member has to be promoted back to Police Officer First Class and has to
spend 12 months in good standing at that rank.
To regain the career development rating previously held, the member has to spend 12
months in good standing in each level leading back to the level from which the member
was demoted. It is not necessary for officers to repeat the achievement of credits
previously earned.
47
ADVANCEMENT PROCESS
POLICE OFFICER FIRST CLASS
• MUST be in "Good Standing" for preceding 12 months
MUST be a Tequesta Police Officer for 24 months (2 years)
• MUST take "Advanced Report Writing and Review" (40 hours)
CAREER OFFICER I (35 CREDITS)
• MUST be in "Good Standing" as a Police Officer First Class for the preceding 12
months.
• MUST have at least 36 months (3 years) as a Tequesta Police Department Officer
• MUST have 35 Career Development credits distributed as follows:
10 Training credits
10 Professional Achievement credits
5 Community Involvement credits
20 Elective credits
• MUST take one of the following mandatory courses
Interview and Interrogation
Advanced Traffic Accident Investigation
Crime Scene Procedures
Radar Speed Measurement
Case Preparation and Courtroom Presentation
48
ADVANCEMENT PROCESS
CAREER OFFICER Il (122 Credits)
• MUST be in "Good Standing" as a Career Officer I for the preceding 12 months.
• MUST have at least 72 months (6 years) as a Tequesta Police Department Officer
• MUST have 35 new Career Development credits distributed as follows:
10 Training credits
10 Professional Achievement credits
5 Community Involvement credits
20 Elective credits
• MUST take one of the following mandatory courses:
Police Officer Procedures and Techniques
Narcotics Identification
Officer Skills and Stress Reduction
General Investigative Techniques or equivalent (as determined by the committee)
CAREER OFFICER 111 (172 Credits)
• MUST be in "Good Standing" as a Career Officer ll for the preceding 12 months
• MUST have at least 108 months (9 years) as a Tequesta Police Department
Officer
• MUST have 35 new Career Development credits distributed as follows:
10 Training credits
10 Professional Achievement credits
5 Community Involvement credits
10 Elective credits
• MUST take one new training course not previously taken at a lower Career
Development level from the approved training list.
49
ADVANCEMENT PROCESS
MASTER POLICE OFFICER (237 credits)
• MUST be in "Good Standing" as a Career Officer 111 for the preceding 12 months
• MUST have at least 144 months (12 years) as a Tequesta Police Department
Officer
• MUST be a qualified and eligible Field Training Officer (with the Tequesta Police
Department)
• MUST have 55 new Career Development credits distributed as follows:
10 Training credits
15 Professional Achievement credits
10 Community Involvement credits
20 Elective credits
**Officers who qualify for MPO during the initial startup of the program must complete
the Community Involvement credits at the MPO level prior to being awarded MPO.
Community Involvement credits will not be required except at the MPO level during
initial startup. This exception will only be available to those officers who elect to
participate in the Career Development program within the first 90 days of its
implementation.
• MUST take one of the following MPO mandatory courses
Line Supervision
Instructor Techniques
MASTER POLICE OFFICER MAINTENANCE
MUST complete five (5) Elective credits each year to be submitted to the committee by
September 30th of each year. The maintenance credits are required for the MPO level
ONLY. If you have not achieved the MPO rating, you will not have to submit
maintenance credits.
50
ADVANCEMENT PROCESS
NOTES
"Elective credits" means that you may get these credits in any area that you like either
Training, Professional Achievement, or Community Involvement.
You may NOT advance to any Career Development level unless you have been in
"Good Standing" for the previous twelve (12) months. Any time that you fall out of
good standing you will revert to the next lowest level and must remain there until your
good standing has been restored. You may still earn Career Development credits in all
areas but they will not be counted until you are back in good standing.
If you are demoted to a rank less than Police Officer First Class, you will be decertified
from the Career Development program. In this case, you will lose all Career
Development standing and must spend twelve months in good standing at each Career
Development level leading up to the one you previously held. You will not have to earn
new credits in Training or Professional Achievement to advance through the levels after
being decertified/demoted. Community Involvement credits will not be carried over and
new credits will have to be earned. You will only receive career officer monies for the
level you are currently ranked.
EXCEPTIONS
CREDIT REQUIREMENTS
After the initial startup and placement (Deadline to Be Determined) all required credits
must be earned after your last advancement with the exception of previously earned
training credits and professional achievement.
51
TRAINING CREDITS
Participants receive one (1) credit for each eight (8) hours of formal training) A
maximum of 10 credits may be earned for any 1 class/course/conference etc., even if it
exceeds 80 hours. (Example: A 40-hour course would be worth 5 credits and an 80-
hourcourse would be worth 10 credits.
Credit for annual conferences will be reviewed on a case-by-case basis. Curriculum
from each of the conferences will be reviewed to determine that (new) training has
occurred. The officer is responsible for supplying all supporting documentation.
To receive Career Development credit fora Police Standards course it must be
approved for mandatory retraining or salary incentive and be sanctioned through a
community college or state agency outside of the department. Mandatory in-service
training held by our agency will not count towards career development credit even
though it may qualify for State mandatory retraining. Career Development credits for
other classes may be accepted with prior approval of the Career Development
Committee.
52
MANDATORY COURSE REQUIREMENTS
The following is a list of courses that are mandatory for Career Officers I, II, 111 and
MPO. YOU MUST TAKE AT LEAST ONE (1) OF THE COURSES TO ADVANCE TO
EACH LEVEL AS INDICATED. (You may not have to take all the courses and the list
may change from time to time as course availability changes.)
Once you have taken and submitted a course to satisfy the mandatory requirement at
any Career Development level the course will "count" for that level even if the list
subsequently changes. Other courses, which do not appear on this list, may receive
Career Development credit; however, the mandatory course requirement must be
satisfied.
CAREER OFFICER I
Interview and Interrogation
Advanced Traffic Accident Investigation
Crime Scene Procedures
Radar Speed Measurement
Case Preparation and Court Presentation
CAREER OFFICER ll
Police Officer Procedures and Techniques
Officer Skills and Stress Reduction
Narcotics Identification
General Investigative Techniques or equivalent; (as determined by the committee)
CAREER OFFICER Ill
*See Career Development Training List
MASTER POLICE OFFICER
Must be a Field Training Officer
• Line Supervision
• Instructor Techniques
FTO is mandatory at the Master Police Officer level. You must also remain an eligible
FTO with the Tequesta Police Department.
If you have taken at least one of the above courses before., then you may choose a
course not previously taken from the Career Development Training List.
53
CAREER DEVELOPMENT
TRAINING LIST
TITLE
Line Supervision
Instructor Techniques
Narcotics Identification and
Crime Scene Procedure
Investigation
General Criminal Investigation Techniques
Criminal Law
Case Preparation and Court Presentation
Officer Skills Improvement and Stress Reduction
Police Officer Procedures and Techniques
Intro. To Police Operations and Leadership
Special Tactical Problems
Sex Crimes Investigations
Crimes Against Property
Confidential Informants and Other Sources of Information
Injury and Death Investigation
Crime Prevention
Traffic Accident Investigation
Traffic Homicide Investigation
Surveillance Techniques
Economic Crimes: An Overview
Investigative Interview (Interview & Interrogations)
Crimes Against Persons
Tactical Police Driving
Stress Awareness and Resolution
Field Training Officer
Crime and the Elderly
Crisis Intervention
Organized Crime
Radar Speed Measurement
Self Defense and Use of Force (Defensive Tactics)
Substance Abuse Awareness and Education
Computer Applications in Criminal Justice
Traffic Accident Reconstruction
HOURS
80
80
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
40
80
54
CAREER DEVELOPMENT
TRAINING LIST
School Resource Officer 40
Hostage Negotiations 40
{nvestigation of Death 40
Drug Awareness Resistance Education (DARE) 80
Firearms Instructor 80
Human Diversity Instructor 80
You may also take any other approved FDLE certified training course.
Any other course taken for credit must be pre-approved by the Committee.
55
PROFESSIONAL ACHIEVEMENT
CATEGORIES
5 CREDIT ACHIEVEMENTS:
College Education Five (5) credits may be earned for every 30 credit hours of passing
college credits. A maximum of 120 semester hours may be applied at the under
graduate level to earn a maximum of 20 Career Development credits. In addition, one
credit will be given for the actual diploma/degree.
(Example Bachelors program 120 credit hours = 20 credits + 1 for the actual degree)
Graduate Degrees -Five (5) credits may be earned for every 30 credit hours of passing
college credits. A maximum of 60 semester hours may be applied at the Master's level
to earn a maximum of 10 Career Development credits. In addition one credit will be
earned for the actual graduate degree.
NOTE: Any additional graduate degrees will be calculated using the above formula.
3 CREDIT ACHIEVEMENTS:
Field Training Officer -Three (3) credits may be earned for serving 320 cumulative
hours (8 weeks) as an FTO actively training a recruit(s). For each additional 8-week
period, three (3) additional credits will be earned, not to exceed a total of six (6) credits.
The FTO credit can be earned only once during any 12-month period.
Administrative Projects -Three (3) credits may be earned by members for the initiation
of, and/or significant participation in, administrative projects that fall outside the scope
of their normal duties. To ensure credit in this category, prior approval of the project by
the career counselor should be obtained, along with acceptance of the final product by
the most appropriate division commander. Acceptable projects may include developing
a procedure, writing a manual, conducting divisional evaluations, submitting finalized
policy proposals, etc. A maximum of three (3) credits may be earned in this category
during a 12-month period.
56
PROFESSIONAL ACHIEVEMENT
CATEGORIES
Motor Vehicle Accident Free Year -Two (2) credits may be earned in each 12-month
period if no chargeable accidents occur for operational personnel. A maximum of 8
credits can be applied from this category in Level I. A maximum of ten (10) credits may
be applied in the remaining levels.
1 CREDIT ACHIEVEMENTS:
Academy/In-Service Instructor (part-time) -One (1) credit may be earned by members,
when instruction is not ordinarily a part of their job, for instructing in an approved law
enforcement training capacity. One (1) credit may be earned in this category for each
day of instructing two hours or more (includes Criminal Justice Institute, department in-
service, community colleges, approved seminars/workshops, etc.). A maximum of four
(4) credits per 12-month period may be earned in this category.
Acting Supervisor -One (1) credit may be earned for 80 cumulative hours of service as
an acting supervisor. This credit may be earned in blocks of no less than 40 hours at a
time. A maximum of four (4) credits may be earned in this category during a 12-month
period.
57
PROFESSIONAL ACHIEVEMENT
CATEGORIES
1 CREDIT ACHIEVEMENTS:
Committee Participation -members who actively serve on departmental committee(s)
assigned to meet short-term goals (Example divisional or department committees) may
earn one (1) credit during each 12-month period. The career counselor must approve
the committee work for credit and a verification of the employee's participation by the
committee chairman is required. Committees generally are short term (one year or
less) and must be sanctioned by the department's administration. A maximum of two
(2) credits may be earned in this category in a 12-month period. (Example serving on
two committees in a 12-month period = 2 credits)
Special Skills -One (1) credit may be earned annually by sworn members who are
trained and listed as qualified and who demonstrate proficiency. A skill must be utilized
for the department's benefit at least once during a 12-month period and is not part of a
member's normal job assignment. Skills must be defined and approved by the Review
Board and include, but are not necessarily limited to: communications specialist,
polygraph examiner, voice stress analyzer, firearms instructor (serving as instructor or
range officer), dignitary protection, video tape technician, interpreter, radar operator,
D.A.R.E. instructor, or G.R.E.A.T. instructor. A maximum of two (2) credits may be
earned in this category during a 12-month period; i.e., two skills maximum applicable
annually. Members may apply for additional skills not listed and will be reviewed by the
Review Board for approval.
58
PROFESSIONAL ACHIEVEMENT
CATEGORIES
1 CREDIT ACHIEVEMENTS: (Continued)
Standing Committees - One (1) credit may be earned by members who- are
appointed/elected and actively serve 70% for at least a 12-month period on any of the
following standing committees: Awards, Employee Relations, Long Range Strategic
Planning, Career Development, Pension Board, or any other standing committees
approved by the Chief of Police or his designees. A maximum of two (2) credits may be
earned in this category in a 12-month period.
With the approval of the Chief of Police, other Professional Achievements may be
designated by the Review Committee for use by all Career Development participants.
59
COMMUNITY INVOLVEMENT
CATEGORIES
3 CREDIT CATEGORIES:
Community Service -Three (3) credits per activity may be earned by members for
active participation of 20 cumulative hours in OFF DUTY (non-compensated i.e.,
pay/comp time) community service anywhere in South Florida. The service must reflect
favorably by presenting a positive influence upon the participant as a member of the
Tequesta Police Department. Types of service include, but are not limited to: Scouting,
Red Cross, organized youth sports, JTAA, board member/volunteer for non-profit
service groups, PTA Board member, community improvement projects, non-profit
volunteering (hospitals, training centers, charities). Community service credits may be
earned for church activities only when the activity involves youth group instruction or
community service functions. A maximum of nine (9) credits may be earned in this
category per year during each of the levels I, II, & III. There is no maximum for
participants working toward an MPO rating or MPO Maintenance.
NOTE: Proof of Community Service and/or Community Relations Projects would be in
the form of a letter from the coordinator of the approved Community Service/Relations,
documenting the service rendered and the hours volunteered. All Community
Involvement Categories must be earned from the date of entry into the Career
Development Program.
2 CREDIT CATEGORIES:
Community Relations Projects -Two (2) credits may be earned by any non-Community
Relations Officer for each twenty (20) cumulative hours of active, ON or OFF duty,
voluntary participation in Department Community Relations program(s). Project
participation must be approved in advance by the Career Development Board. Projects
may include, but are not limited to: anti-drug programs, Summer Youth Program,
department-sanctioned media appearances, youth/school presentations, etc. A
maximum of four (4) credits may be earned in this category during a calendar year.
These projects are limited to the Village of Tequesta.
60
COMMUNITY INVOLVEMENT
CATEGORIES
7 CREDIT CATEGORIES:
National Night Out (part-time) -One credit may be earned by any officer who
participates in the National Night Out for instruction/display .during the National Night
Out event.
A maximum of two (2) credits may be earned in this category during a 12-month period
by participating in two (2) blocks on different days.
61
PROGRAM ADMINISTRATION
Training and the process by which officers are approved to receive training, is a critical
part of career development. The plan encourages officers to request courses that help
them support department and career goals. The system reduces the excessive
manpower impact of on-duty attendance and supports each member's pursuit of
reasonable individualized career training.
In the past, officers competed not only between themselves for space in courses, but
against minimum manning requirements. Many officers became frustrated by an
inability to obtain desired training because their unit's manpower could not allow it and
their chain of command would not approve the requests. The number of openings in
courses is limited, in part, because on duty attendance for training is extremely
expensive. Salaries are paid to all on duty students in addition to the expense of
conducting the course or paying applicable tuition fees.
Career Development recognizes the need to change past practice. Officers have to
acknowledge the fact that there are different types of training taken for different
reasons.
Career Development training courses are defined as advanced courses taken for salary
incentive or mandatory retraining credit. Any other Review Committee approved
certified training that earns mandatory or salary incentive retraining credit used to
satisfy state mandatory retraining minimums may be applied simultaneously to the
Department's Career Development Program.
First, there is training that the department orders an officer to take in support of a
specific assignment. Second, there is training. that is required to meet general training
standards (firearms, side-handle baton, use of force, etc.) and to support department
objectives; and third, there is training requested to obtain incentive money and/or career
development training credits. Regardless, it would involve training the member for
personal or career development purposes.
For the above reasons, the numbers of hours of career development courses, which
may be taken "on duty", are limited. The program identified specific course titles from
which each participant must choose 40 hours of training for Levels I and II, and 80
hours of training for Level III and MPO. Therefore, supervisors and managers shall
make every effort to ensure that each participant receives 40 hours of on-duty training
for each of the lower two levels and 80 hours of on duty training for each of the upper
two levels. (On duty hours need not be used solely for the "required" courses.)
Other training that may be taken on duty, beyond department-wide training, is any
management directed course that directly relates to a member's current assignment.
62
Each officer selects elective training courses with guidance from the career counselor.
Elective courses approved and scheduled through the division training coordinator are
paid for by the Village, but are taken on the member's own time. This is both
appropriate and consistent with private sector practice. The primary benefits to the
Village are the monetary and manpower savings. More importantly, though, officers
gain by courses not being restricted to those members who can be spared. from line
duties. Within scheduling constraints, off duty courses may be offered as often as
members' need and demand requires. Further, like college courses, they may be
offered both during the morning and evening for officers on rotating shifts.
Repetitive yearly and other Departmental mandatory retraining, including firearms,
human diversity, domestic violence, defensive tactics, CPR, first responder, etc., will not
count towards the career development plan.
63
REVIEW COMMITTEE
The Review Committee is critical to the fair and consistent application of career
development standards. The committee is responsible for reviewing and
recommending all advancements and questions regarding the program and has
oversight responsibility concerning the administration of the program by the career
counselor.
The Review Committee includes two (2) sworn voting members chosen from a roster of
volunteers; one (1) non-sworn member chosen from a roster of volunteers; one (1)
member will be picked by management and one (1) by union, non-management
personnel.
The career counselor serves as recording secretary and anon-voting committee
member.
When the Chief deems it necessary, the program may be modified to ensure that it
remains both challenging and attainable. Only those aspects of the program
specifically cited in negotiations between the Village and the Union, as bargaining
issues (i.e., benefits, financial incentives, etc.) may not be modified.
Recommendations by the Review Committee will be based on the vote of a quorum
with the majority deciding the issue. Committee members shall set their own meeting
schedule, but in no case shall allow personnel issues ready for determination to remain
unresolved for more than 45 days without submitting them to the Chief of Police for
approval. The Review Committee will identify and formalize the process by which they
conduct business.
64
IY.~ji•. I+. ,L~ll(f I I ; ~GfilYl
John Ka~aajian
P>3S0
Pr~ssidsnt
Bt'neeL W. CrcOrge
Retirrod•WPl3pro
iskec:rtiys Dlfrctor
Richard MCAfco
P2390
Vice-Prssid~t
Lai Petxlue
WPB]'D
~u~
P,nceuc t3ray
Delray Beach PA
Secrewry
Robart Odell
Palm Beach C}ardeae PD
Sgr.-at ArA,a
May 14, 200$
Sent by Facsilmlle (6$1) 675-6203
Michael R, Couuo, Villet9e Manager
Village of Tequesta
337 7equeata Drive
Tequesta, Florida 33480-0273
Re: Palm Beach County PBANillage of Tequesta
Dear Mr. Couzzo ;
EXH181T
Please be advised that a ratification vote was held on May 12, 2008,
between the Palm Beach County police Benevolent gssociafion and the
Village of Tequesta concerning the proposed contract, The contract was
ratified as follows:
13 FOR RATIFICATION
0 AGAINST RATIFICATION
Should you have any questions, please t'eei free to contact me.
Slnoerely,
r
n ICa~anjia
resident
JKlam
cc:
uu. u, r, Zi 1
PALM BEACH COUNTY
PO'~lCE BENEVOLENT AS50CIATF~?N, INC.
Z10a N. Florida Mango Road • Weal Palm Beach, p(, 33409-dgQp • (561) 689-374 • (561) 687rp15+4 Fax
www.pbopba.org
Chief William McCollom
PBA Reps
Tfte Yolcs of Palm Beach County's Law k~nce»eent
B
MAY-14-2008 10:05AM FAX: ID: PACaE:002 R=95~