HomeMy WebLinkAboutHandouts_Special Meeting_10/26/2006 (2)PBA UNION NEGOTIATION (FOP)2003-2006 VS (PBA)2006-2009 CHANGE REQUESTS
2003-2006 PBA CONTRACT PBA PROPOSED CHANGES - 2006-2009 ARTICLE
1 WAGES Officers Sergeants 12
. 03/04 - 3% Merit + 1.5% COLA Starting Pay $43,000 $68,613
1 Year $45,150 $72,043
04/05 -Reopener clause 2 Years $47,407 $75,645
05/06 -Reopener clause 3 Years $x9,779
4 Years $52,267
5 Years $54,880 PBA Proposal - 2006/2007 Total = $882,042.00
6 Years $57,624 2005/2006 Basic Pay Total = $723.776.40
7 Years $62,234 $158,265.60
8 Years $65,345
9 Years $68,613
2. COURT ATTENDANCE Off-duty employee receives minimum of 3 hours overtime or straight 8
Off-duty employee receives minimum of 2 time (whichever applicable) for the first 3 hours of court or deposition.
hours overtime or straight time (whichever
applicable) for the first 2 hours of court or
deposition.
3. RECALL PAY 1.5 times actual hours worked or minimum of 3 hours (whichever is 9
1.5 times actual hours worked or minimum of greater)
2 hours (whichever is greater)
4. HOURS OF WORK AND OVERTIME Schedules cannot be adjusted to avoid payment of overtime 10
Schedules adjusted to facilitate department
needs
5. INSURANCE 14
Village may alter coverage with 28 days Delete entire clause
notice and implement its decision prior to
reaching agreement
6. SICK LEAVE PAYMENT UPON 15
SEPARATION
Employment Percent Employment Percent
1-4 yrs 25% 1-4 yrs 25%
5-9 yrs 33 % 5-9 yrs 50%-
10-19yrs 40% 10-25 yrs 100%
20 yrs or more 50% 25 rs or more 100% u to 1600hrs
Updated: 10/17/06
2003-2006 PBA CONTRACT PBA PROPOSED CHANGES - 2006-2009 ARTICLE
7. VACATION 17
Employment Accrual Employment Accrual
0-4 yrs 80 hrs 0-4 yrs 80 hrs
5-9 yrs 120 hrs 5-9 yrs 120 hrs
10 yrs or more 160 hrs 10 -14 yrs 160 hrs
15-19 yrs 200 hrs
20 rs or more 240 hrs
8. BEREAVEMENT LEAVE 18
^ 3 consecutive days of paid leave for death 3 consecutive days of paid leave where death is imminent or occurs
^ The Village manager may grant The Village manager may grant additional time off at his discretion
additional time off without pay at his
discretion
9. DUTY DISABILITY LEAVE 19
^ Injury or illness must not be willfully self This clause to be removed completely
inflicted or result of gross negligence or Disability leave of 180 calendar days
horseplay ..
^ Disability leave of 108 calendar days
10. PROMOTIONS 20
^ 3 years experience 3 years experience with Village
^ ASc Degree in Criminal Justice or related ASc Degree in any field
field
11. TAKE HOME VEHICLES (New Article) 24
Not currently in place ..authorized for employees where take home vehicle appropriate based
on employee's job function
12. LONGEVITY (New Article) Employment Increase 28
Not currently in place 4 yrs 2%
7 yrs 4%
11 yrs 6%
15 yrs 8%
20 yrs 10%
See Proposed Contract for management's recommended counter-proposals
Updated: 10/17/06
PBAPROPOSAL
& YILLAGECOUNTER-PROPOSAL
2006-2009
AGREEMENT
BETWEEN
VILLAGE OF TEQUESTA
AND
FLORIDA STATE LODGE
FRATERNAL ORDER OF POLICE
COLLECTIVE BARGAINING AGREEMENT
2003 -- 2006
•
•
r `1
TABLE OF CONTENTS •
Article No. Page No.
PREAMBLE .....................................................................................................................1
ARTICLE 1 ......................................................................................................................2
RECOGNITION ............................................................................................................2
ARTICLE 2 ......................................................................................................................3
REPRESENTATIVES OF PARTIES .............................................................................3
FOR BARGAINING PURPOSES ..................................................................................3
ARTICLE 3 ......................................................................................................................4
MANAGEMENT RIGHTS ..............................................................................................4
ARTICLE 4 ......................................................................................................................5
NON DISCRIMINATION ...............................................................................................5
ARTICLE 5 ......................................................................................................................6
GRIEVANCE PROCEDURE .........................................................................................6
ARTICLE 6 ....................................................................................................................13
NO STRIKE ................................................................................................................13 •
ARTICLE 7 ....................................................................................................................14
DISCIPLINE ................................................................................................................14
ARTICLE 8 ....................................................................................................................18
COURT ATTENDANCE ..............................................................................................18
ARTICLE 9 ....................................................................................................................19
RECALL PAY ..............................................................................................................19
ARTICLE 10 ..................................................................................................................20
HOURS OF WORK AND OVERTIME ........................................................................20
ARTICLE 11 ..................................................................................................................25
UNIFORM ALLOWANCE ...........................................................................................25
ARTICLE 12 ..................................................................................................................26
WAGES ......................................................................................................................26
ARTICLE 13 ..................................................................................................................31
SPECIAL DUTY COMPENSATION ............................................................................31
r~
LJ
TABLE OF CONTENTS •
Article No. Page No.
ARTICLE 14 .................................................................................................................. 32
INSURANCE ............................................................................................................... 32
ARTICLE 15 .................................................................................................................. 34
SICK LEAVE ............................................................................................................... 34
ARTICLE 16 .................................................................................................................. 36
HOLIDAYS .................................................................................................................. 36
ARTICLE 17 .................................................................................................................. 39
VACATIONS ............................................................................................................... 39
ARTICLE 18 .................................................................................................................. 40
BEREAVEMENT LEAVE ............................................................................................ 40
ARTICLE 19 .................................................................................................................. 41
DUTY DISABILITY LEAVE ......................................................................................... 41
ARTICLE 20 .................................................................................................................. 44
PROMOTIONS ........................................................................................................... 44 •
ARTICLE 21 .................................................................................................................. 47
SENIORITY AND LAYOFF ......................................................................................... 47
ARTICLE 22 .................................................................................................................. 48
SAFETY ...................................................................................................................... 48
ARTICLE 23 .................................................................................................................. 49
PERSONAL EQUIPMENT .......................................................................................... 49
ARTICLE 24 .................................................................................................................. 50
BULLETIN BOARD ..................................................................................................... 50
ARTICLE 25 .................................................................................................................. 51
€9PPBATIME POOL ................................................................................................. 52
ARTICLE 26 .................................................................................................................. 53
PHYSICAL FITNESS AND MEDICAL EXAMINATIONS ............................................ 53
ARTICLE 27 .................................................................................................................. 58
WORK RULES ........................................................................................................... 58
r1
1, J
TABLE OF CONTENTS •
Article No. Page No.
ARTICLE 28 ..................................................................................................................59
RETIREMENT ............................................................................................................60
ARTICLE 29 ..................................................................................................................61
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .................61
ARTICLE 30 ..................................................................................................................62
DURATION, MODIFICATION AND TERMINATION ...................................................62
EXHIBIT A .....................................................................................................................63
F.O.P. /VILLAGE OF TEQUESTA GRIEVANCE FORM ...........................................63
•
•
iv
PREAMBLE •
This Agreement is entered into by the employer, the Village of Tequesta, Florida, a
Florida municipal corporation, hereinafter referred to as "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.
The terms provisions and conditions of this A~,reement shall have no retroactive effect, but shall
only commence upon the effective date of this Agreement unless a specific article or provision of
this Agreement provides otherwise.
•
ARTICLE 1 •
RECOGNITION
Section 1
The Village of Tequesta recognizes the Police Benevolent Association (the
P.B.A.) 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 Certificate 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, auxiliarv, 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:
+,, ,
r°cj~°v~~ta-t+L'~j i~~t~5-~n~inl~iin.r ~einnoc~~ on~J +ormc ~nrr rr~nrJi+innc of
. Leave in per Village
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. tTo alter or amend work rules or regulations; to exercise control and discretion
over the organization and efficiency of operations of the Village;
C. tTo 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. tTo hire, examine, classify, promote, train, transfer, schedule and assign;
E. tTo suspend, demote, discharge, or take other disciplinary action against •
employees for just cause;
F. tTo 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. tTo 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;
H. tTo establish, modify, combine or abolish positions; 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
momhorchir~ nr nnn momhorohir~ in n I~hnr nrnorii~o+inri oc r~rnvii^lor! h~i lo~~i
e
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, see gender, handicap/disability, marital status or religion.
However, the parties 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.
•
ARTICLE 5
GRIEVANCE PROCEDURE
Section 1:
A grievance shall be defined as a dispute over the interpretation or application of the
provisions of this Agreement.
Section 2:
Should the Village wish to pursue a grievance, such grievance must be presented to the
~9PPBA for a response. The ~9-PPBA shall have ten (10) working days in which to
submit a written response. The Village may appeal the ~9PPBA's response to
arbitration pursuant to Step 3 of the procedure below.
Section 3:
•
Probationary employees (new employees with less than one (1) year of continuous
service) shall not have access to the grievance procedure to challenge discipline or •
discharge.
Section 4:
If grievance matters must be attended to during normal working hours, it will be done so
as to cause a minimum of interference with law enforcement services. At steps one and
two of the grievance procedures below, the aggrieved employee who filed the grievance
will be paid for attendance at grievance meetings called by the Village occurring at a
time the employee would otherwise have been working for the Village.
Section 5:
Should any grievance arise the parties shall attempt to settle such grievance promptly
through the following steps:
Step 1. The aggrieved employee, with or without €O~PBA representation, shall
present in writing the grievance to the Department Head within ten (10)
working days of the occurrence of the alleged grievance or of the time
the aggrieved employee knew or should reasonably have known of the
6
•
occurrence of the event leading to the grievance. The written
grievance will be submitted on an approved form and include the
following information:
(a) the employee's name, signature, and mailing address;
(b) date of alleged incident giving rise to the grievance;
(c) all known relevant information concerning the grievance;
(d) Article and Section of the Agreement allegedly violated; and
(e) relief sought by the employee.
A copy of the approved form is attached hereto as Exhibit "A."
The Department Head shall investigate the grievance and respond
within ten (10) working days following receipt of the grievance, via
Certified Mail -Return Receipt Requested. At his discretion, the
Department Head may meet with the aggrieved employee as part of
his investigation.
At his discretion, the aggrieved employee may be accompanied in any
grievance proceeding by a ~9-RPBA representative.
Step 2. If the grievance is unresolved after Step 1, then the aggrieved
employee, with or without €~P-PBA representation, may submit the ~ •
grievance, in writing, along with the response at Step 1 to the Village
Manager, within ten (10) working days of the time the Step 1 response
was resolved by the aggrieved employee.
The Village Manager shall respond in writing, via Certified Mail -
Return Receipt Requested, within ten (10) working days of his receipt
of the grievance.
Step 3.
A. Either party desiring to seek arbitration must notify the other
party within ten (10) working days of the decision of the Village
Manager in Step 2 or, in the case of a Village grievance, within
ten (10) working days of the PBA's response.
B. Within ten (10) working days of notifying the other party of its
intent to seek arbitration, the party requesting arbitration shall
request from the Federal Mediation and Conciliation Service a
list of five (5) names of qualified arbitrators.
n
U
7
C. After receipt of such a list, representatives of the Village and the .
PBA shall each strike two (2) names from the list in alternating
fashion. The party requesting arbitration shall strike first until
only one name remains on the list. The arbitrator whose name
remains shall be selected and notified by the parties.
D. The decision of the arbitrator shall be final and binding on both
parties, except as provided by law pursuant to Chapter 682,
Florida Statutes, or the circuit court finds that the arbitrator's
decision is clearly erroneous or in violation of public policy.
Section 6:
The costs of the arbitrator shall be borne by the losing party. Each party shall bear the
cost of its own representatives and witnesses. If a transcript of the hearing is made, any
party desiring a copy of the transcript shall pay its proportionate share.
Section 7:
The arbitrator shall have no power to alter, add to, modify, amend or subtract from the
terms of this Agreement. •
Section 8:
Grievances involving or affecting more than one member of the bargaining unit may be
filed collectively.
Section 9:
For the purpose of this Article, the term "working days" shall be interpreted as Monday
through Friday. Saturday, Sundays and days designated as holidays shall be excluded.
By mutual agreement of both parties, in writing, time frames may be extended during
any Step of the grievance process.
C yic nr~iro~~4rh` filinn of ~ nri~~n~G~
8
l~
Section 10:
A. Discipline involving oral or written reprimands or
suspensions without pay of three or less days may be
processed through Step 1 of the grievance procedure.
The decision of the Police Chief or his designee is
final and binding on the parties.
B. Discipline involving suspensions without pay of four or
five days may be processed through Step 2 of the
grievance procedure. The decision of the Village
Manager or his designee is final and binding on the
parties.
C. Discipline involving suspensions without pay of six to
nine days may be processed through Step 3 of the
grievance procedure. The decision of the Village
Manager or his designee may be appealed by the employee
or the PBA, if the employee elects PBA assistance. The
appeal shall be in writing and shall be filed with the
Village Manager within seven (7) days of receipt by the
employee of notice of the Village Manager's decision as •
a result of Step 3 of the grievance procedure.
1. The appeal shall be reviewed by a five member
review panel composed of two members selected by
the PBA, two members selected by the Village, and
one member selected and agreed upon by the PBA and
the Village. The review panel shall hold an
evidentiary hearing during which the Village and
the employee may present witnesses and other
relevant evidence. The employee may be
represented by a non-lawyer PBA representative who
is an employee of the Village, if the employee
desires to be represented. The non-lawyer PBA
representative will be permitted a reasonable
period of on-duty time to prepare for the
evidentiary hearing. The Village shall be
represented by a designee of the Manager. After
hearing the evidence, the review panel shall
determine by a majority vote whether the employee
is guilty of the misconduct as charged.
2. The review panel shall have no authority to change
the penalty previously imposed. In this regard,
the authority of the review panel shall be •
governed by the provisions of paragraph 10 (E) in
the same manner that they are applicable to an
arbitrator. The decision of the review panel
shall be final and binding upon the parties.
D. Discipline involving discharge, suspension without pay
of ten or more days, or disciplinary demotion, may be
processed through Step 3 of the grievance procedure.
The decision of the Village Manager or his designee
shall be subject to arbitration. The arbitration shall
be handled in accordance with the procedures outlined
in Section 10(E) Step 3 of the grievance procedure
shall be followed except that the arbitrator shall be
selected as set forth in Section 3(B-C).
Arbitration of disciplinary matters shall be handled as
follows:
1. The provisions of Section 3 shall apply except as
modified by Section 10(E)2-4.
2. The arbitration procedure shall be expedited such
that a hearing is held within thirty days of the
appeal and an award is issued within thirty days
following the conclusion of the hearing. If the
award is not issued within the thirty day time •
period, the arbitrator's fee shall be reduced
proportionately to the number of days by which the
arbitrator's decision is untimely.
3. There shall be no post-hearing briefs unless both
parties agree prior to the hearing that post-
hearing briefs may be submitted.
4. The arbitrator shall not substitute his judgment
for that of the Village as to the wisdom or the
degree of severity of the disciplinary action
imposed, except as set forth in the last paragraph
of this article. The arbitrator's inquiry shall
be limited to the following:
(a) whether the Village possessed evidence of the
misconduct before imposing the discipline
ultimately imposed;
(b) whether the employee is guilty of the
misconduct as charged;
(c) whether the discipline imposed is consistent
with that imposed upon other employees who
10
have committed the same or a similar offense
under the same or similar circumstances, and
who have similar disciplinary and employment
records. If the discipline imposed is more
severe than that previously imposed upon
employees who have committed the same or a
similar offense under the same or similar
circumstances, and who have similar
disciplinary and employment records, whether
the Village notified employees of the change
in disciplinary policy prior to the
occurrence of the act being disciplined;
(d) whether the Village has demonstrated upon the
record that it has considered the severity of
the punishment with regard to the nature and
severity of the offense, the circumstances
under which the offense was committed, the
employee's past disciplinary and employment
record, the length of the employee's tenure
with the Village, and whether the employee
was under probation at the time the offense
was committed;
(e) whether the Village has demonstrated upon the •
record that the degree of punishment which it
has imposed was not selected at random or
without reason (arbitrary), and that the
degree of punishment did not arise from
caprice (arbitrary);
(f) whether the Village has demonstrated on the
record that the degree of punishment which it
has imposed is consistent in that it is not
apt to change suddenly or unpredictably
(capricious), and is not inconsistent
(capricious) ;
whether the Village has demonstrated on the
record that the degree of punishment which it
has imposed is within that range of
punishment for the offense under the given
circumstances upon which reasonable men can
agree, notwithstanding that reasonable men
might disagree upon the specific punishment
imposed under the given circumstances.
If the arbitrator finds that the Village has complied with (a)
through (g), the discipline determined by the Village shall be
11
upheld. However, if the arbitrator finds that the Village has •
not complied with (a) through (g), the arbitrator may determine
the appropriate level of penalty.
Section 11:
In keeping with the intention of the parties to resolve disputes in an informal manner,
prior to filing an unfair labor practice charge with the Public Employees Relations
Commission over an alleged unilateral change in wages, hours, or terms and conditions
of employment, the PBA will provide written notice to the Village Manager of the alleged
unilateral change and give the Village ten (10) working days to rescind the alleged
change and, if not a term of this Agreement, request bargaining with the Union.
•
12
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 ~9~PPBA, nor any of its officers, agents and members, nor any €~PPBA
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 ~OPPBA 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 F-9PPBA, 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.
•
13
ARTICLE 7
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 F-9PPBA hereby agree to abide by Section 112.533 relative to the
receipt and processing of complaints from any person.
Section 1
The Village Manager may at any time dismiss or otherwise
discipline any employee for just cause which he considers will
promote the efficiency of the Village's service. Further, the
Village Manager may, at any time, dismiss any probationary new
employee with or without cause.
Section 2 .
The following may be considered grounds for dismissal, or
other lesser discipline, including but not limited to demotion or
suspension, based on the Village Manager's determination of the
gravity of the offense; however, dismissal or discipline may be
made for causes other than those enumerated:
A. Has been found guilty in a court of competent
jurisdiction of a felony and/or of a misdemeanor
involving moral turpitude or which is related to
his/her Village job function.
B. Has willfully violated any of the provisions of the
Village or this Agreement, or has attempted to or does
commit an act or acts intended to nullify any of the
provisions thereof.
C. Has violated any lawful or reasonable order or
regulation, or has failed to obey any reasonable or
lawful direction by a superior.
D. Has reported for duty, or is actually on duty, while
under the influence of intoxicating beverages or drugs.
•
14
E. Has been guilty of acts which amount to •
insubordination; or has been guilty of disgraceful
conduct while on duty, or disgraceful conduct while off
duty when it reflects unfavorably on the Village or
interferes with the operations of the Village.
F. Has been wantonly offensive in his conduct or language
toward the public or toward any Village employee or
official.
G. Has been incompetent, negligent, or inefficient to such
an extent that his/her performance falls below the
minimum prescribed standard.
H. Is careless or negligent of the property of the Village
of Tequesta, or steals or misuses any equipment,
materials, property, or other things of value belonging
to the Village.
I. Has used, or threatened to use, his position for
personal gain or advantage, or has attempted to use
political influence in securing promotion, leave of
absence, transfer, classification change, pay increase,
to influence pending disciplinary matters or change in
character of work. .
J. Has taken any fee, gift, or other valuable thing in the
course of his work or in connection therewith for his
personal use from any firm, corporation, or individual
when such fee, gift, or other valuable consideration is
accepted with the understanding that the donor shall
receive favors and service therefore not customarily
accorded the general public.
K. Has falsified time records, other official Village
records, or has failed to report absences from duty to
his superiors in accordance with prescribed procedure.
L. Has been absent from duty without proper leave of
absence, or otherwise contrary to prescribed
procedures; or has failed to report for duty after a
leave of absence has expired.
M. Has been excessively absent from work; has been
repeatedly absent from work without notifying his
immediate supervisor, or has repeatedly reported late
for work.
15
N. Has abused sick leave or other authorized leave of .
absence by claiming false reasons for such leave.
0. Is antagonistic in his attitude toward his supervisor
or fellow employees; continually criticizes orders or
rules issued or adopted by his superiors; or conducts
himself in such a way that it interferes with the
proper coordination of the work effort in his
department to the detriment of efficient public
service.
P. Upon the expiration of earned sick leave, fails to
report to the Police Chief his inability to return to
work, if such is the case.
Q. Has been convicted of the unlawful possession, use,
dispensing, or sale of any narcotic, barbiturate, mood
ameliorating, tranquilizing, or hallucinogenic drug, or
conspiracy to do same, while either on or off duty.
R. Has made a significant omission on his application for
employment, or has falsified it in any way.
S. Has been found guilty by a court of competent
jurisdiction of a felony criminal offense, or has been
repeatedly found guilty of misdemeanor criminal
offenses.
T. Has been found to have used anabolic steroids, with or
without prescription, solely for the purposes of enhanced
muscle training or body building functions. Disciplinary
action shall be taken only as provided pursuant to
Article 30.
The Village Manager shall furnish the non-probationary
employee or the promoted probationary employee whom he dismisses
from the Village service with a written statement outlining in
detail reasons for the removal, and the date and time such
removal becomes effective. A copy of the statement shall be
furnished to the Police Chief.
Section 3
If criminal charges have been formally instituted against an
employee, the Village Manager may place the employee on leave of
absence with or without pay.
•
16
During such leave of absence, the Village may investigate
and take appropriate disciplinary action against the employee.
However, if the employee is subsequently found not guilty by a
trial court of all of the criminal charges which had been
instituted against the employee, and if no notice of potential
disciplinary action has been given, the employee shall be
reinstated and awarded back pay for the period of said leave of
absence. ~
•
•
17
ARTICLE 8
COURT ATTENDANCE
An off-duty employee shall receive pay for a minimum of twethree~3 hours (overtime
or straight time, whichever is applicable) for his/her first twethree~ hours of court or
deposition when subpoenaed to appear in matters relating to the Village. After twsthree
-2~3 hours of actual time in court, the employee shall continue to receive compensation
for actual time until released for the day.
•
•
18
ARTICLE 9
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
twethree ~ 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.
Section 2:
Employees who are requested to provide early relief of a scheduled shift shall e~be
compensated from the time they're notified by the supervisor to report to duty prior to
their scheduled shift, reject per Village for the actual time worked. Under this
circumstance, the minimum hours worked provisions do not apply.
19
•
ARTICLE 10
HOURS OF WORK AND OVERTIME
Tti~ \/'ll~~~ ~ti~ll ~ ~f 4 ~ ti~lf /1 1/7\ fem. III ti~
~nrnnmon~ oh~ll nnf ho innli ~rl oi-!
r r
ovmon~ of n~iorFimo n~~i
C~'TPf°Y ~T n io n~ior}imo nmm~ o~i~ in ~ho fnrm of n~~~onr fim~e~
P,P.rJ cve~r~vPCr Ja cr -min- roc rvrrrr-`:^~ M ~cmT
~ Tp~u~~mo~i nn4 onni imi il~~,~n~_4h~~n ~n .~nnr(~an~o 4n~ol of
oinh+~;Q(1\ hn~~ro nf`t'im,r~"'J ~~~c 4rFinlo ~nrl Ar1~~~o I-Inlii-lovc~ "`J rnmhinorJ
"~y~~ e e
ir~nromon~c
Section 1
The work cycle for regular full time sergeants and officers
working the twelve hour scheduled shift shall be eighty-four (84)
hours in a 2-week cycle.
•
•
20
The work cycle for regular full time sergeants and officers
working any schedule other than the twelve hour scheduled shift
shall be eighty (80) hours in a 2-week cycle.
The number of hours per day and days per week shall be
determined by the Police Chief. Work schedules of bargaining
unit members shall be established and implemented in the sole and
exclusive discretion of the Police Chief.
Section 2
It is recognized and understood that deviations from the
foregoing normal schedules of work will be necessary and will
unavoidably result from several causes, such as but not limited
to: rotation of shifts, vacation, leaves of absence, weekend and
holiday duty, absenteeism, employee requests, temporary shortage
of personnel, and emergencies. No such deviation shall be
considered a violation of this contract. Recognizing that the
Department has an obligation to provide sufficient manpower, the
Village will attempt to avoid causing an employee covered by this
Agreement to work two (2) consecutive shifts, except in unusual
circumstances as determined by the Chief of Police or his
authorized designee.
Section 3
For all employees the scheduled work day shall be broken
down into fifteen (15) minute segments. An employee shall be
noted as late for work if he/she does not report ready for work
at his/her work station at his/her starting time. If an employee
reports for work late, eight (8) minutes or more after the
scheduled time, he/she shall be docked in major segments of one-
quarter (1/4) of an hour.
Section 4
The Village agrees to pay overtime at the rate of time-and-
a-half after eighty (80) hours or eighty-four (84) hours based on
a 14-day work cycle and assigned scedule. This work cycle shall
coincide with the bi-weekly pay periods. Overtime compensation
will be computed at the end of each 14-day work cycle with
compensation for same being on the following paycheck. In the
computation of such overtime compensation, employees shall
receive credited hours for any vacation days or holidays which
may occur within the pay cycle.
•
21
Section 5
Both parties hereto agree, and the P.B.A. acknowledges, that
the Village has declared members of the bargaining unit to be
"7(k)" employees for purposes of application of the Fair Labor
Standards Act. Forms acknowledging this fact for each individual
employee shall be provided by the Village for acknowledgment by
the employee.
Section 6
Credit towards overtime shall not be accrued until an
employee has worked eight (8) or more minutes beyond his/her
normal schedule for the day. Once that eight (8) or more minutes
has been worked, he/she shall accrue overtime credit for that
fifteen (15) minute segment and subsequently for any additional
fifteen (15) minute segments, computed in a like manner.
Section 7
If an employee covered by this Agreement is called out to
work outside his/her normal working hours, he/she shall receive a
minimum of two (2) hours pay at time and one-half (1 1/2) his or
her regular rate of pay.
In cases where the Call-Out is outside regular working hours •
as scheduled, and where such Call-Out is for appearance at the
North County Courthouse or for ongoing standing department
committee meetings, within the Tequesta Village limits, the
minimum shall be two (2) hours pay, payable at the overtime rate,
if applicable.
Section 8
1. Upon the mutual agreement of the employee and the Village,
an employee will be awarded compensatory time at the rate of
one and one-half hours of compensatory time for each hour of
overtime worked, in lieu of overtime pay.
2. The maximum amount of compensatory time that any employee
can accrue is eighty (80) hours. When an employee accrues
the maximum permissible compensatory leave, the employee
shall be paid for all overtime hours in excess of the
maximum at the rate of one and one-half (l~) times the
employee's current rate of pay.
3. Employees wishing to use accrued compensatory time shall
make a request to do so to the Operations Commander at least
48 hours in advance of the time that the employee wishes to
use the leave time. Requests to use accrued compensatory
time with less than 48 hours notice maybe approved in
22
extraordinary circumstances, as determined by the Police .
Chief or designee.
4. Requests to use accrued compensatory time shall be reviewed
on a first come, first serve basis, and approved based on
the operational needs of the shift for the time period
requested, as determined by management. When an employee's
request to use compensatory time off is denied as to
specific dates, the Village will upon request, advise the
employee of alternate dates that are available to schedule
compensatory time off. Because of the unique staffing needs
of law enforcement agencies, no employee can be guaranteed
that his or her request to take compensatory leave on a
particular day or days will always be granted. However,
employees who request the use of compensatory time shall be
permitted to use such time within a reasonable period after
making the request, if the use of compensatory time does not
unduly disrupt the operations of the department. The
request will be deemed to have been granted within a
reasonable period if the Village offers to allow the
employee to take compensatory time off within one-hundred
eighty (180) days of the final date requested by the
employee.
EXAMPLE: On February 1, 2007, an employee requests to take
compensatory leave beginning
March 5, 2007. Management
those particular dates. The
have been granted within a
Employer offers alternate cc
before August 27, 2007.
on March 1 and ending on
denies the requests for
request will be deemed to
reasonable period if the
mpensatory time off on or
In the event the request to use compensatory time cannot be
granted within a reasonable time as defined in this
subsection, the employee may elect to be paid for the
compensatory time that was not granted.
5. Employees may request to use compensatory time to take off
earlier than the time that the employee's shift ends.
Because of the nature of law enforcement services, there are
certain activities performed by police officers which cannot
be postponed until a later date, and cannot be transferred
to another officer for completion. Examples of such
activities include, but are not limited to: processing of an
arrest; completion of arrest or incident reports;
continuation of an ongoing pursuit. Therefore, where such
requests to use compensatory time are granted, the approval
shall be made on a "conditional" basis, as follows: In the
23
event that an employee is involved in a task or activity
that cannot be postponed until a later date, and cannot be
completed by another officer, at the time the compensatory
leave is scheduled to begin, the compensatory leave will be
postponed until the employee has completed the task or
activity. In such cases, the employee's compensatory leave
account will not be charged for the time that he or she is
held over. The employee will continue to be paid for the
time he or she is held over at the otherwise applicable rate
of pay. Employees who are given conditional approval to use
compensatory time to take off earlier than the time the
employee's shift normally ends, and then who are required to
remain on duty, are not entitled to call out pay.
6. The Employer may require employees to use accrued
compensatory time.
7. Upon termination of employment for any reason, employees
shall be paid for all accrued compensatory time at the
employee's regular rate of pay at the time of the
separation.
•
•
24
ARTICLE 11 •
UNIFORM ALLOWANCE
Section 1:
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 ear em to ees shall receive ro-rated allowances based on the number of
Y p Y p
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.
•
25
ARTICLE 12 ,
WAGES
Section 1:
~~G.~~-~_`nn~~ }ho ~}nrFinn ~~TnoTlo,m~~~~~~h~oll ho ~o fnlln~~io.
Dn}r~l Corr~o~n}• Q: /17 7(11I (1(1 minims im
It is agreed between the parties that the salary schedule
for bargaining unit employees is as follows:
Fiscal Year 2006-07
Police Officer (in training) 40,743
Police Officer 42,780 - 58,607
Police Officer - First Class 42,780 - 59,637
Career Officer 1 42,780 - 60,667
Career Officer 2 42,780 - 61,697
Career Officer 3 42,780 - 62,727
Master Police Officer 42,780 - 63,757
Sergeant 53,043 - 77,354
Fiscal Year 2007-08
Police Officer (in training) 43,595
Police Officer 45,774 - 63,383
Police Officer First Class 45,774 - 61,426
Career Officer 1 45,774 - 62,487
Career Officer 2 45,774 - 63,548
Career Officer 3 45,774 - 64,609
Master Police Officer 45,774 - 65,670
Sergeant 53,043 - 77,354
Fiscal Year 2008-09
Police Officer (in training) 33,765
Police Officer 48,950 - 62,176
Police Officer First Class 48,950 - 63,269
Career Officer 1 48,950 - 64,362
Career Officer 2 48,950 - 65,454
Career Officer 3 48,950 - 66,547
Master Police Officer 48,950 - 67,640
Sergeant 53,043 - 79,512
L'
26
Section 2 •
A. During the fiscal years 2006-07, 2007-08 and 2008-09
employees of the bargaining unit, except those hired as police
officers-in-training (academy), shall be eligible to receive an
individual performance increase 2006-07 (9%), 2007-08 (8%), and
2008-09 (7%) Such individual performance increases shall be
received on the same Village-wide terms, conditions, and subject
to the limitations applicable to other Village employees,
exceptin
1. Employees shall also be eligible to receive incentive
increases in accord with Village Policy.
2. Upon the Police Department certifying that a police
officer-in-training has completed the Academy Training
program and has passed the State Certification Exam,
such officer shall receive an increase in pay to the
minimum salary for Police Officer.
3. An employee's evaluation date shall be on October 1 of
each year of the existing contract. Unless the employee
is hired as a police officer-in training in which case
an employee's first evaluation date shall be the date
the Police Department certifies such employee as an
entry level Police Officer. The employee rate of
compensation shall be the minimum rate for Police
Officer and such employee shall be rated for
performance evaluation annually thereafter.
4. [nTage increases are based only on base rate of pay.
The procedures on individual performance increases may be
changed from time to time and when such changes are made, they
shall be applicable to the employees in the bargaining unit.
Section 3
An employee who reaches or is at the maximum amount of the
salary range during fiscal years,2006-07, 2007-08 and 2008-09,
may be eligible for a lump sum bonus. The maximum bonus awarded
shall be the amount of the increase recommended and not received.
In order to be considered for the lump sum bonus, the
employee shall not have had any sustained discipline resulting in
disciplinary suspension imposed upon them during the evaluation
year for which the bonus would be paid and shall not have had any
at-fault accidents. The Police Chief shall review the employee's
departmental performance for recommendation of this bonus.
•
27
Section 4 •
The bonus paid to qualifying employees shall be paid for the
years specified in this article only. Absent future agreement of
the parties, employees shall not be entitled to a lump sum bonus
beyond September 30, 2009.
Section 5
Educational Incentive Compensation - Employees covered by
this agreement who possess or obtain a Bachelor's and/or
Associate Degree levels of higher education from certified
colleges and universities shall receive educational compensation
as follows:
Bachelor's Degree - $2.00 per hour
Associate's Degree - $1.00 per hour
The Educational Incentive shall be paid as a bonus outside the
salary range and be included in overtime and pension calculation.
Section 6
Career Officer Program - 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.
Section 7 •
Shift Differential - A Shift Differential, designed to
attract and compensate experienced patrol officers and sergeants
to work night shift shall be paid on a cent per hour basis as
follows:
12 hour night shift $.75 hour
Patrol Officers and Sergeants assigned to the night shift
shall be eligible for such compensation provided such officers
shall have at least three (3) years experience in patrol work.
Officers may be removed from these assignments for cause as
articulated by Police Management. The parties understand that
this compensation is subject to review and modification. It is
further understood that through a reorganization of the Police
Department, the work schedule that presently exists may in fact
be altered causing the parties to re-examine this issue and make
appropriate modification.
Section 8
The Chief of Police shall have the authority to hire and
recommend to the Village Manager Florida State Certified
applicants and/or those with the advanced academic degrees at a
rate up to loo above the entry rate for a Police Officer.
28
Section 9
Effective October 1, 2007, employ
ees who are
fluent •
(speaking, reading, writing and listening ) in Spanish will be
eligible for Language Incentive pay at the rate of $.43 p er hour.
The Language Incentive shall be paid as a bonus outside the
salary range and shall be included in overtime and pension
calculation. To be eligible for the Language Incentive pay,
employees must pass a language proficiency test given by a vendor
selected by the Village.
T€~#ec~i~r3ctak~e~'~~A9~~+t~4er~er~~a~
ecew~~
erf
~
~
e-re~ev~s
~
rF~i /Z(\\ rJo~i~ n
\/illo~
~
"vi
-
T
-
"
pTJian
Tr p
„
,
Dorfr~rmnnno Dl ~
nnninn one
v
ti
Ii
rti
Ii
F7
u
ttYtttl.:
.7
R~}pi"i ~~~p~ /~°Dorfnrmonno D~~ ~~i"\ € ~iolin
~ ~~I~~ nn~n
ce~
~
a n 6
~LI I n~~e~o r ~ ~ i~~el+^
' h
i~~Feeew
- o rno n+ /
~i
--
- r
'2 0% \ o ~ l o n i
g
rv
i~~o ~_c
~
. i I I n i+ ~ A ~~o~~~ a a
ti
F1
~fo
i" ~ ~ I aaciv
r
~nuri
~
T ~
-ar r-
~
~illll hoof nn nrnh~finn ~ infil c~c~
m ~~
~~~r
~
O~h ~
~h~~
rt
T
,7,*
Tt n of
~" erg ems' S~ i ~ n ~n
i ~
_
T
nine / ~ n \ r! ~., ~
~
+~.,`
j
ne{-i
v~
v
r
~_e~e~rl ~nrl if ho
~r ~~i~e
ii
rvie
vT
nr c•ho ronoi~ioc~ n ~
tFtt
~.~fiofnnfnni •
_
-
T
F~7
e
o~ioli ~~finn fho I Inif ~Aomhor ~~iill ho olinihlo f
nr o fhroo nornonf /
20%\ c~loni
e
i
vr noo In nrJrlifinn fn
e_ I~ f~Te
n
~-~n nn
6e
e
rnnnf /'20/ \
~
ir
i
i~~ooco fho I Inif ~Aomhor mi icf hovo hoon ~--h-F
-
nnnfini ~n~ iol~i omnln ~iorl h~i fho
ea
e~er'J~
~
'
'
'
v i~ io n n n o e~
°
r^1 n
C YFCG~cb~bt
Vt
GG ~~GrttGd~Fi
Fl~
Gt
ne*6+£~~,~~/_\ ~nc+ of li~iinn c~ r~i innroo ~~
c
co in ~rli-li~i~
~ ~n
r
e~
~
o
~ ~ i ` ~
T nl
T
f
-
~
~~+
n~T
e
e
-
'
i~
7,
Q-O r
f
T
~
ne ~
r
J
,
:
TT
TTO
~GTrTSIT
lT
f~
~
[V{7
T~L
WT
~
T
7
ri
~~ nn+h of Cori
ep-~#+s ~,
~e_e C~[T
~~GTf
G
hor i.v,mor~i~+
el~ 'T7C~
i nrorolJ~
~
p
"p'"~ ~ ~~ ~ cp
fho honinninn of oonh fic~~l voor fn rononnfi
Tho is ~ i of I ovif~i ~~n o nn r! rl~ ~rinn fho m
El
~
~
P-
-
--
~~
e~}~
~
vcrirrTrrrca-ruc
nfo ~~innoc
nnfh
~ t
r~ g
cc
rT''~T
-rnc~
~cv
c
rr
vrT
rry
vcr
t+~+urm9~rrc-n
--
cvF ~
-rvrrcr~-
e
e
.7
29
~ie~i@~1-~ : •
~~f of ~.,liro
~erio
~}e
~~ ~L~
^n
^
~
~
~ -eR~~ee-R~
e~Fe ~
32Fe
-~Af
cr.~y
-
y
~6
e
- ~
'n~•, S~orJ ti~i nn~nf 4
~
Fee--
m~v~~T
r
'i°
~e ~
~
r
~~
~
~~_
~
vr-
~
ra
c
~ r
~
t
~
Qn
+
T ;
~n~~~~~holl n Z
n
nc~~ nlir
ee
~
~
rm•
n~ ~
~
~
F~~ ~"~hilo co+rJ o
~e~}~~f~~el~e~e~
~~i~e
i ' t
mn~e o~~
n
n
~
~
-rrr~ ~
r
~
--- ~
r
T
I\In+hinn in ~?~rr+irl~~h~l~~pq~yr~ aim + of on~i ~~iono inrro~~
ronnoninn nf+hic~ Ar+irlo 0o nrn~iirloiJ in 4r+irlo 2(1 fli~ro+inn ,
s
•
30
ARTICLE 13
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.
t .~~ "q~Q ea ss+g~" T°~~TA~p .~.~~ n~riv ~° mT~ ro ri I~~~~}et~t~-C}
0
rlifforon+ir+l chill ho nnl~i fir +ho Haut f+nncori i+ivo chifF
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 Corporal must have
completed an FDLE approved CMS Field Trainina Officers Course and have been
approved by the Chief of Police or designee as a Corporal.
€~9.
31
ARTICLE 14 •
INSURANCE
Section 1:
A. The following provisions shall remain in effect until September 30, 20049:
1. The Village agrees to pay one hundred percent (100%) of the Unit
Member's current cost of health insurance, as determined by the Village.
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 Villa e will rovide life insurance for em to ees at one and one-half •
g p p Y
(1 '/2) times their annual salary, plus an additional Five Thousand Dollars
($5,000.00).
it Tho \/ill~no m~~i ~Ifor nnv to Gnr v~mnlo +ho
Tr,-r cr-~v~reri~~.-~rBV+~.FS~Ft+6,~. ,--vT~.`iccn-np.c~r,c
~Ilono m~~i ncvrrP rF fn ~ Drc~~fer DDll1 nlon
offon~i~io i ~nnn +ho firc4 ~~~i of ~n~i mnn~h ~~ii~h fieion+~i_oinh+ /7i2\ rJo~ic nntine
4n +ho ~ini~ momhoro An~i of+oro+inn in nn~iorono norl~ininn ~n ~F~io 4rFinln io
m~~i imn ~~~J_Q~icinn nrinr fn rc~hin~y~i~ori+~nr ~ yL~jc
roenL ~~inn nnnnnrninn +Fin imnon+ of ioo~ io roles+ivo fn ~14orinn ~n~i nn~ior~no
Section 2
The Village reserves the right to change the medical and
hospitalization insurance carrier, but the level of deductibles
and insurance benefits provided to bargaining unit employees
shall not be reduced during the term of this Agreement.
32
For fiscal years beginning October 1, 20047 and October 1, 200x8, the parties may ~ •
re-open this article during the month of September immediately preceding the
beginning of each fiscal year to renegotiate the payment of health insurance premiums.
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.
•
33
ARTICLE 15 •
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. Sf~~°°~~-a°^°+~~~~cc~~
nhuca~~°CT+ is ~±~i~?il~hl°
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 200 140
days (1600 1120 hours). u,~eve~-s+s~-4ea~e--assr~;-ten^" h° r°~,,,^°,+ +°n r,°r,.°n+
0
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.
I~Ic° of cirL I°°'~t~~r° fnr on imm°rli°+° fomil~i m°~mh~~hol~l ~°n"rte
^nnrn~i~l of +h° fi ~II_+im° i ini+ m°mh°r~c Il°n~r+m°n+ L.I°orJ
•
34
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) 33-50 Percent
Ten (10) through Nineteen (19) 49-100 Percent
Twenty (20) or more 50 Percent
Greater than 25 100 percent uq to 1600 1( 120)
Section 4: Sick Leave Buck. 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.
35
ARTICLE 16
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.
For shift personnel who have completed the probationary
period, employees shall have twelve (12) holidays (96 hours), the
dates for which may be selected in advance by the employee,
subject to the approval of the Police Chief or his authorized
designee, on any day during the contract period, subject to
Section 2(B) below, provided that no more than three (3) such
holidays shall be permitted per calendar month, and the selection
by the employee must be made no later than twenty-four (24) hours
prior to the date(s) selected.
Section 2
A. Non-shift personnel -- All regular, full-time, non-
shift personnel on the above days shall be off duty
with pay subject, however, to being called in for work
on such days if required by their supervisor, Police
Chief and/or Village Manager.
B. Shift personnel -- Shift personnel shall work their
normal shift whether on a holiday or not; provided,
however, that employees who have completed their
probationary period may designate in advance, and upon
approval by the Village, such holidays wherein the
employee shall be paid only at their regular straight
•
•
time rate of pay, thus permitting the accumulation for
up to six (6) months [being October through March, then
April through September] the additional holiday pay in
order to actually take time off work during these one-
36
half year periods in a number of days equal to the
holidays so designated, worked, and paid at the
straight time rate. If a member fails to use the
accumulated days within the six (6) month period for
good cause, as determined by the Police Chief, the
Village Manager may grant an extension. The option in
this provision shall apply to all shift personnel
whether they are scheduled to work on the holiday or
not.
Section 3
If regular, full-time employees are required to work on an
actual holiday itself, because of the needs of the Village, they
shall be compensated at their regular rate of pay (hours of tour)
plus 8-hours of holiday pay (straight time).
Section 4
A regular, full-time employee may not designate a day for
holiday pay and work overtime causing their compensation to
exceed a rate more than double their rate of pav.
Section 5
For non-shift personnel, when legal holidays occur within
the vacation period of an employee, the number of such days that
are legal holidays shall be added to the normal number of •
vacation days allowed, or paid as straight time, at the
employee's option.
Section 6
Employees who are on leave without pay on the day preceding
and the day following a holiday or who are absent without leave
on the day preceding or the day following a holiday shall be
considered as absent without pay on the holiday and shall not be
compensated for the holiday.
Section 7
For non-shift personnel, in the event that one of the
holidays named in Section 1 occurs while an employee is on sick
leave, the employee shall receive holiday pay and shall not be
charged sick leave pay for that day.
Section 8
Unit members shall receive three paid personal days per
calendar year, which, if not taken during that year, shall no
longer be available to the employee for their utilization.
37
nno /1 \ hn~ ~r innromon~c~
38
ARTICLE 17
VACATIONS
Section 1:
Vacation leave is accrued at the following rate upon the anniversary of a full-time unit
members date of hire as follows:
DATE OF HIRE
ANNIVERSARY
ANNUAL VACATION
LEAVE ACCRUAL
Zero (0) through Four (4) 80 hours
Five (5) through Nine (9) 120 hours
Ten (10) or more 160 hours
Fifteen (15) or more 200 hours
Twenty (20) or more 240 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 ~^~+;~~ ~;., mnn+ho
probation r°~:T period. Vacation hours are accrued on asemi-annual basis during the
initial probation r°%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.
•
•
39
ARTICLE 18
BEREAVEMENT LEAVE
Regular employees shall be granted up to th~r~r^~ee~+"'twenty four (24)
hours of~aid leave if a fer death is imminent or occurs in the employee's Mme
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 Spouse's Grandparents
Grandparents Step-Sister
Grandchild Step-Parents
Step-Brother
Step-Child
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 ~ .Leave in per Village ~ •
•
40
ARTICLE 19
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:
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.; ~~as-flat
II{',I'` I~ infli orJ nr +ho rocs~I+ of +hn omnln~ioo'c nrncc-nor+linonno nr
w~~ I I-~~-S eti - rrEt r~vi crrc~rv~-cc~ ~rv~v
h,~eo'°,-~-;ti(b) 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.
41
5. The performance evaluation period for employees on duty disability leave a
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 shall
not continue to accrue any leave.
6. 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.
7. 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.
8. Duty disability leave shall be allowed for a duration of actual disability, up
to a maximum of one hundred and eight (a-8}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 eight (108) 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.
9. 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.
.7
42
10. 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.
•
•
43
ARTICLE 20
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, 492006.
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.
2. Must be presently certified by the State of Florida as a police officer.
3. Three (3) years experience with Village as a full-time certified police
officer.
4. Must possess an Associates Degree recognized by the Florida Criminal
Justice Standards and Training Commission as an accredited degree +e
(~rimin~l ~~ is+ir`o r~r rolo+orl fioliJ pursuant to the following conditions:
(a) Applicants must have an Associates Degree at time of application
for all promotions after September 30, 20036
(b) Applicants accepting a promotion before September 30, 20036,
must have completed classes towards an Associates Degree +r~
recognized by the Florida Criminal
Justice Standards and Training Commission as an accredited
degree according to the following schedules:
20 -semester hours minimum on first anniversary of promotion;
44
40 -semester hours minimum on second anniversary of promotion;
Associates Degree on third anniversary of promotion.
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:
A. Admission to examination for promotion to sergeant
shall be restricted to police officers who have been in
that position continuously for three (3) years with the
Village of Tequesta immediately preceding the
examination.
B. Anyone taking an examination shall be an employee of
the Police Department of the Village of Tequesta at the
time of taking such examination.
C. An emplovee within the period of an authorized leave of
absence from the Police Department of the Village of
Tequesta shall be eligible to take such 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 250
An aggregate score of 70% must be attained to be ~=''
eligible for promotion.
•
45
•
n i h i l ifi i fn r n n rF i ~ ~il~J ~sf~~ ncrr~vcr'rce~~e ~_
~~R~~ ~
nrnnooo h~+ll ho ri rJi ro nn rho ~eiri#on ovum
p~~~,~.--~~ EA,~ti9f~ eta-~S~+R~~~A
Additionally, seniority points assigned on the basis of one-half (1/2) point for each year
or 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:
Appoint any member of the Department to fill the position; or
2. Recruit an outside candidate to fill the position.
•
46
ARTICLE 21 •
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.
•
47
ARTICLE 22 •
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.
•
•
48
ARTICLE 23 •
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.
•
•
49
ARTICLE 24
BULLETIN BOARD
The Village shall furnish space fora bulletin board s~ase-within the Police Department
building for the exclusive use of the ~9-RPBA for posting official €9~PBA notices of a
businesslike non-inflammatory nature.
€~~
The P.B.A. may provide one (1) serviceable, locked and
glass-encased bulletin board in the Police Department building
for use by the P.B.A. in posting notices of P.B.A. business and
activities. All materials posted must be signed by an officer of
the P.B.A., who shall be held responsible for the content of such
materials. A copy of all such materials shall be provided to the
Police Chief or his designee in advance of such posting.
•
The bulletins, notices, mobile digital computers, Microsoft
Outlook, or materials posted shall contain nothing of a political
nature (excluding political material relating to P.B.A.
elections) and nothing of a derogatory nature toward the Village,
its elected officials, its officers, or employees, as determined
by the Village. •
50
New •
Article 25
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 car if then reside in the following
counties: Palm Beach and Martin, c+ ~ , it~in unniJn, Rrn~~,~nJ ~nr! (14oorhnhoo
Section 3.
Employees assigned a take home vehicle shall pay a fuel charge through payroll
deduction of twenty-two dollars and fifty cents ($22.50) per pay period.
Section 4.
Other than emergency vehicle repairs, maintenance of take home vehicles shall be
performed during emplo yee's re gular dut y status.
•
Section 5.
Employees assigned take home vehicle can only be used for travel to and from the
employee's residence to work and official police duties, as authorized by the Chief of
Police or designee.
C:
51
ARTICLE 26~
F~RPBA TIME POOL
A Union time pool shall be established and administered by the Village. Contributions
from Unit Members may 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 two
(2) 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 up to two
members of the Unit for up to 40 hours each per year at their regular rate during
bargaining over the terms of a new Contract. Any overtime liability which may be
incurred due to payments made under this Article shall be paid out of the time pool.
:7
52
• ARTICLE 276
COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR
VILLAGE OF TEQUESTA POLICE DEPARTMENT EMPLOYEES
The Village recognizes that Police Department employees are
not immune from problems that confront society in general. The
problems of drug and alcohol abuse are widespread throughout our
community and nation. In the face of these problems, it is
critical that the Village of Tequesta Police Department maintain
a working environment free of alcohol and drug abuse. The
primary objective of this policy is to provide a safe and
healthful work environment for all employees, and thereby provide
the highest level of service to the public.
I. Definitions
A. Alcohol abuse means the ingestion of alcohol or
alcoholic beverages, on or off duty, which adversely affects the
employee's ability to perform his or her job duties. The use, or
being under the influence of alcohol or alcoholic beverages on
the job by Police Department employees is strictly prohibited.
• B. Drug abuse means the ingestion of any controlled
substance as defined in Section 893.03, Florida Statutes, as
amended from time to time, not pursuant to a lawful prescription.
The term drug abuse also includes the commission of any act
prohibited by Chapter 893, Florida Statutes, as amended from time
to time.
C. Illegal drugs means any controlled substance as defined
in Section 893.03, Florida Statutes, as amended from time to
time, not possessed or taken in accordance with a lawful
prescription.
II. Physical Fitness and Examinations
A. Every applicant for Police Department employment
(including applicants for full-time, part-time and volunteer
positions), and each re-employed employee may be required to
present proof that he or she is physically fit to perform the
duties of the job which the applicant or re-employed employee
seeks. Applicants for employment may be required to take a
physical examination, including blood or urine tests for the
presence of illegal drugs. Applicants for employment whose blood
or urine is found to contain the presence of illegal drugs shall
not be considered fit to perform the duties of the yob which the
•
53
LJ
licant seeks. The physical examination shall be completed
for to the applicant's entry on the yob.
B. All Police Department employees, including managerial
and supervisory employees, are required to take an annual
physical examination at such times as may be specified within the
calendar quarter in which the employee's anniversary date occurs.
C. Any such annual physical examination taken by the
the presence of illegal drugs and alcohol.
Police Department employees shall include a blood/urine test for
D. All employees subject to certification by the Florida
Department of Law Enforcement shall meet all statutory and
regulatory physical and medical requirements for initial
certification.
E. The Village Manager, or the Chief of Police, or an
Assistant Village Manager, or Village Attorney, or Human
Resources Director, may also require an employee to take a
physical examination, that shall include a blood/urine test for
the presence of illegal drugs or alcohol, at any time the
Village Manager or Police Chief, or Assistant Village Manager,
or Village Attorney, or Human Resources Director reasonably
• believes that the employee is not physically or medically fit to
perform his or her duties.
F. Furthermore, the Village Manager, or the Chief of
Police, or Human Resources Director may require an employee to
take a physical examination and/or give a urine or blood specimen
for testing whenever the Village Manager, Chief, or other
supervisory employee has a reasonable suspicion that the employee
has been on duty, or has reported for duty, under the influence
of alcohol or illegal drugs.
G. The use of illegal drugs on or off duty by employees of
the Police Department is strictly prohibited. The Village
Manager or the Chief of Police, or Human Resources Director may
require an employee to take a physical examination and/or give a
urine or blood specimen for testing whenever the Village
Manager, Chief of Police, or other supervisory employee has a
reasonable suspicion that the employee is using illegal drugs or
under the influence of alcohol. A reasonable suspicion is a
suspicion which is based on fact derived from the surrounding
circumstances from which it is reasonable to infer that further
investigation is warranted.
H. The Village will pay the cost of any physical
• examinations and tests required by this policy. The examination
54
will be performed by medical personnel selected by the Village.
Employees who take a physical examination or blood/urine test in
accordance with this policy shall be required to sign an
authorization releasing the records of such examinations and
tests to the Village. The Village shall strictly observe and
maintain the confidentiality of such employee medical records to
the extent permitted by law.
I. Any employee who fails or refuses to take a physical
examination or give a urine or blood sample in accordance with
this policy shall be subject to disciplinary action up to and
including dismissal.
III. Blood/Urine Tests for the Presence of Alcohol and Drugs
A. In testing for the presence of alcohol, the Village
shall utilize a generally accepted blood test procedure which
produces quantitative results showing the amount of alcohol
present in the blood.
B. At the time the testing occurs, two (2) specimens of
urine and two (2) specimens of blood shall be taken, the first
set of which shall be used by the first laboratory and the second
set of which shall be used by a second laboratory, if requested.
In testing for the presence of illegal drugs and alcohol, the
Village shall submit the first set of the samples for testing,
which, in the first instance, shall utilize an immunochemical
assay or radioimmunoassay test on the employee's blood/urine. If
the initial test is positive for an illegal drug or alcohol, the
same blood/urine specimen shall be subjected to a further test
using the gas chromatography, thin layer chromatography or gas
chromatography/mass spectrometry method for verification. For
non-probationary employees, if both the initial and verification
tests are positive for an illegal drug or alcohol, the employee
shall receive notification of results from the Village in the
manner set forth herein. In order to timely provide such
notification, the employee shall be required to contact by
telephone or in person a Village representative designated in
advance by the Village, not later than one (1) hour after a date
and time specifically given to the employee for his/her
requirement to contact a designated Village representative by
telephone. At the time the employee makes such contact, the
employee must decide whether or not he/she wishes the second set
of specimens provided at the initial collection to be further
tested by the Village. If the employee so requests, then this
second set of specimens shall be tested by the Village utilizing
medical personnel different from that used by the Village for the
initial test. If the employee fails to contact the Village
• representative within the time frame set forth above, or the
55
• employee does not request the testing of the second set of
specimens, or if the employee does request the testing of the
second set of specimens and it also tests positive for an illegal
drug or alcohol, corrective action shall be taken as specified
below.
IV. Corrective Action
A. Applicants for employment whose blood or urine is found
to contain the presence of illegal drugs or under the influence
of alcohol shall not be considered fit to perform the duties of
the job which the applicant seeks.
B. Employees (probationary and non-probationary) whose
blood or urine is found to contain the presence of illegal drugs,
or who have been found to have used or been under the influence
of illegal drugs or alcohol while on duty, shall be terminated.
C. Any non-probationary employee who is found to have
engaged in off-duty alcohol abuse which adversely affects the
employee's ability to perform job duties may be placed on a leave
of absence without pay for a period of up to sixty (60) days.
The leave of absence may be extended for good cause by the
Village Manager up to an additional fifteen (15) days. The
employee may use any accumulated sick leave or vacation during
• the leave of absence. The purpose of the leave of absence is to
give the employee an opportunity to rehabilitate himself or
herself from abusing alcohol. The Village may assist the
employee in locating an appropriate program of rehabilitation.
Upon the successful completion of the rehabilitation program as
certified by a physician designated by the Village, the employee
shall be eligible to return to Village employment in the same or
similar position to the one which the employee occupied before
his or her leave of absence. Prior to resuming employment with
the Village, the employee shall be required to take a physical
examination which shall include a blood or urine test for the
presence of alcohol and/or illegal drugs. The returning employee
shall be placed on probationary status for a period of one (1)
year following his/her return to Village employment. During the
one year probationary period, the Village may require the
employee to take unannounced blood or urine tests for the
presence of alcohol and/or illegal drugs. If at any time during
the probationary period or thereafter, the employee's blood or
urine is found to contain the presence of alcohol or illegal
drugs, utilizing the double testing procedures set forth in
Section III(B), above, the employee shall be subject to
disciplinary action, up to and including dismissal.
56
• DLIVCI/`AI CITAICCC AA111 11AC1'll!`AI CYAIIAIAIATIlIAIC
~~
r
~
~ F
~f
h
r
~~
~
' 2~2FS
c ~IA
F
~G~i
^ ~i
!-~26~F~F~
--cFf-}
}
r-v
G
- f
1--F, A--c
~
E~FE~
--6
G
1 -
-a ~
~
p ~
.
r
~on~~~~ \/ill
oi'lin
~~~
~°~i ~j m~~
ol f~nilif~i Th~~~~~~~f
~
.
~ T
t
\/ill~+no nnrl mw ho i ~oorl fn ~ccoc~ tho nffino
r'c fi+nocc fnr rl~ ~fi~
• ~ e
r
•
57
•
ARTICLE 228
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 €9~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.
58
• ARTICLE 229
Rejected by Village
LONGEVITY BENEFITS
All Bargaining Unit Members who have completed their required years of
service indicated below, shall be entitled to a percentage increase in
salary as follows:
Years of Continuous Service Percentage Increase in Salary
4 Years 2%
7 Years 4
11 Years 6%
15 Years 8%
20 Years 10%
Said percentage increases shall be added to base salary.
2. Continuous service for purposes of this article shall be defined as
employment in the Village without 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.
59
•
•
•
ARTICLE 30
RETIREMENT
Section 1:
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.
60
•
ARTICLE X931
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
amendment must be in writing and signed by duly authorized
parties before it will be effective.
the parties but any
representatives of the
61
•
ARTICLE 3832
DURATION, MODIFICATION AND TERMINATION
•
Section 1:
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,~996 2009.
At least thirty (30) days prior to September 30, 2996, but not prior to April 1, 2896,
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 , 2003.
VILLAGE OF TEQUESTA: c~er~o~iei nanGQ n~ oni ire
PALM BEACH COUNTY PBA
•
62
• EXHIBIT A
F.O.P. /VILLAGE OF TEQUESTA GRIEVANCE FORM
Note: before filling out this form, carefully read Article 5 of the VOT & €~PPBA
Collective Bargaining Agreement, Grievance Procedure. Please type or print plainly.
NAME TITLE _
DEPT. 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.
63
• 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 ~9PPBA FOR A DECISION RELATIVE TO PROCEEDING
WITH ARBITRATION.
EMPLOYEE SIGNATURE:
DATE RECEIVED
BY €~PPBA REPRESENTATIVE:
THE €~PPBA HAS DECIDED TO APPEAL THIS MATTER TO ARBITRATION
PURSUANT TO ARTICLE 5, SECTION 5, STEP 3 OF THE COLLECTIVE
BARGAINING AGREEMENT.
~9PPBA REPRESENTATIVE SIGNATURE
DATE
•
DATE RECEIVED BY VILLAGE MANAGER
64