HomeMy Public PortalAbout09 21 2022 Agenda with back-upMAYOR:
VICE MAYOR:
COMMISSIONR:
Scott W. Morgan
Thomas M. Stanley
Paul A. Lyons, Jr.
Joan K. Orthwein
Thomas A. Smith
September 14, 2022
SPECIAL MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, AT THE CALL OF THE MAYOR, ON WEDNESDAY, SEPTEMBER 21, AT 4:30
P.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
A ClF:ND A
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Commission Action
A. Interlocal Agreement Between the City of Delray Beach and
The Town of Gulf Stream to Transition Building and Related
Permitting and Inspection Services
B. PBA Collective Bargaining Agreement
C. Appointment of Town Clerk
D. Holidays for Calendar Year 2023
V. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE
TOWN OF GULF STREAM TO TRANSITION BUILDING AND RELATED
PERMITTING AND INSPECTION SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this day of
, 2022 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida
municipal corporation located at 100 NW 1 st Ave., Delray Beach, FL 33444, ("City"), and the
TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation located at 100 Sea Road,
Gulf Stream, FL 33483 ("Town") (collectively, the "Parties").
WITNESSETH:
WHEREAS, pursuant to Section 163.01, Florida Statues, the City and Town have the
authority to enter into agreements for sharing of certain governmental powers and obligations;
and
WHEREAS, in 2009 the Parties entered into an Interlocal Agreement whereby the City
provided the Town with building and related permitting and inspection services, which the Parties
have mutually agreed to terminate, effective October 10, 2022 (the "Termination Notice"); and
WHEREAS, the City continues to process certain permit applications and provides
building and related permitting and inspection services for active permits for properties located
within the Town which were applied for or issued before the effective date of the Termination
Notice; and
WHEREAS, the Town agrees to continue to indemnify and provide insurance to the City
and its Staff for performing building and related permitting and inspection services for these active
permits and permit applications, which protections would otherwise no longer be in effect as of
October 10, 2022; and
WHEREAS, the City agrees to continue to perform building and related permitting and
inspection services in order to process to conclusion the remaining permits and permit
applications for properties located within the Town.
NOW THEREFORE, in consideration of the foregoing, and of the mutual covenants and
conditions set forth herein, the Parties hereby agree as follows:
Section 1. Continuation of Authority
A. The authority and responsibilities granted to the Parties under the Interlocal Agreement
Between the City of Delray Beach and the Town of Gulf Stream dated September 30,
2009; Amendment No. 1 to the Interlocal Agreement between the City of Delray Beach
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and the Town of Gulf Stream dated March 8, 2010; and the City of Delray Beach Memo
from Lula Butler — Director, Community Improvement dated July 13, 2011 are hereby
ratified and incorporated into this agreement but only for those active permits and permit
applications for properties located within the Town submitted to the City by October 10,
2022. If the Town's Code is silent as to any issues being reviewed by the City under this
Agreement, the City shall apply the land development regulations in effect for the City.
B. The City shall not accept any new permit applications under this Agreement.
Section 2. Indemnification and Insurance
A. Subject to the limitations of 768.28 Florida Statutes, Town shall hold harmless and
indemnify City against any and all claims for damages of every kind and nature including
but not limited to claims for property damage, personal injury or death, arising out of the
plan review and inspection process. Nothing contained in this Agreement shall be
construed or interpreted as a waiver of sovereign immunity beyond the waiver provided in
Section 768.28, Florida Statutes by either City or Town. The obligations of this Subsection
A shall survive the term of this Agreement
B. Town shall annually supply City with a Certificate of Insurance from Town's insurance
carrier evidencing all the necessary insurance coverage for City and employees of the City
of Delray Beach. City will be named as an additional insured on the liability portion of
Town's insurance policy.
Section 3. Duration and Notice
The Agreement will be active until the last permit for a property located within the Town is
processed to its conclusion, upon which time the Agreement will terminate and no longer be of
any effect. This Agreement shall otherwise be of a continuing nature unless cancelled by either
party for any reason and without penalty, on no less than sixty (60) days written notice. Notice
shall be considered sufficient when sent by certified mail or hand delivered to the other party
during regular business hours at the following addresses:
Delray Beach
Gulf Stream
City of Delray Beach
Town of Gulf Stream
c/o City Manager
c/o Town Manager
100 NW 1 st Ave.
100 Sea Road
Delray Beach, FL 33444
Gulf Stream, FL 33483
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Section 4. Miscellaneous
A. The effective date of this Agreement is October 11, 2022.
B. This Interlocal Agreement shall be filed pursuant to the requirements of Section
163.01(11) of the Florida Statutes.
C. This Agreement shall be governed by and in accordance with the Laws of Florida. The
venue for any action arising from this Agreement shall be in Palm Beach County,
Florida.
D. Neither party shall assign or transfer any rights or interest in this Agreement without
the written consent of the other party.
E. This Agreement constitutes the entire agreement between the Parties; no modification
shall be made to this Agreement unless such modification is in writing, agreed to by
both Parties and attached hereto as an addendum to this Agreement.
F. Should any provision contained within this Agreement be determined by a court of
competent jurisdiction to be unenforceable, such determination will not affect the
validity or enforceability of any other section or part herein.
G. This Agreement shall not be valid until signed by the Mayor and the Clerk of each
party.
[Remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by
their duly authorized officers on the date set forth above.
ATTEST:
City Clerk
Approved as to form:
City Attorney
ATTEST:
Town Clerk
Approved as to form:
Town Attorney
CITY OF DELRAY BEACH
Mayor
TOWN OF GULF STREAM
Mayor
IT
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE TOWN OF GULF STREAM, FLORIDA
AND
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
Ffe1N
THE POLICE OFFICERS AND SERGEANTS COLLECTIVE BARGAINING UNIT
(CERTIFICATION NUMBER 838)
October 1, 2022 - September 30, 2025
Table of Contents
ARTICLE 1
PREAMBLE........................................................................................................... 4
ARTICLE 2
UNION RECOGNITION AND NOTICE..............................................................
5
ARTICLE 3
DUES DEDUCTION..............................................................................................
6
ARTICLE 4
RULES OF CONSTRUCTION..............................................................................
8
ARTICLE 5
VALIDITY.............................................................................................................
9
ARTICLE 6
WORKER'S COMPENSATION..........................................................................
10
ARTICLE 7
INSURANCE........................................................................................................
11
ARTICLE 8
LEAVE WITHOUT PAY.....................................................................................
12
ARTICLE 9
PAID BEREAVEMENT LEAVE........................................................................
13
ARTICLE 10
MILITARY LEAVE.............................................................................................
14
ARTICLE 11
SICK LEAVE.......................................................................................................
15
ARTICLE 12
COURT APPEARANCES...................................................................................
19
ARTICLE 13
MANAGEMENT RIGHTS..................................................................................
21
ARTICLE 14
SENIORITY / SHIFT TRADES / OVERTIME ...................................................
23
ARTICLE 15
PAID VACATIONS.............................................................................................
25
ARTICLE 16
PAID HOLIDAYS................................................................................................
28
ARTICLE 17
GRIEVANCE PROCEDURE / ARBITRATION ................................................
30
ARTICLE 18
ASSOCIATION ACTIVITIES AND UNION BUSINESS ................................
36
ARTICLE 19
RULES, REGULATIONS, DIRECTIVES........................................................
39
ARTICLE 20
BULLETIN BOARD...........................................................................................
40
ARTICLE 21
WORKWEEK AND OVERTIME......................................................................
41
ARTICLE 22
PUBLIC SAFETY RELATED EDUCATION ....................................................
43
ARTICLE 23
WORK ASSIGNMENT OUT OF GRADE.........................................................
44
ARTICLE 24
MEDICAL EXAMINATIONS.............................................................................
45
ARTICLE 25
UNIFORM AND CLOTHING ALLOWANCE ...................................................
46
ARTICLE 26
VEHICLE AND EQUIPMENT..........................................................................
47
ARTICLE 27
WAGES.............................................................................................................
48
ARTICLE 28
RETIREMENT BENEFITS................................................................................
49
ARTICLE 29
TRAINING...........................................................................................................
50
ARTICLE 30
PROBATIONARY EMPLOYEES.......................................................................
51
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ARTICLE 31 POLICE OFFICER'S BILL OF RIGHTS............................................................ 52
ARTICLE 32 DURATION........................................................................................................... 53
SIGNATUREPAGE.................................................................................................................... 54
ARTICLE 1 PREAMBLE
This Agreement is between THE TOWN OF GULF STREAM, FLORIDA, a municipal
organization, hereinafter referred to as "TOWN", and the PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION, INC., hereinafter referred to as
"ASSOCIATION" or "UNION", for the purposes of promoting harmonious relations
between the two parties, to establish an orderly and peaceful procedure for
settling differences which may arise, and to set forth the basic and full Agreement
between the parties concerning wages, rates of pay, and other terms and
conditions of employment.
4
ARTICLE 2 UNION RECOGNITION AND NOTICE
1. The TOWN recognizes the ASSOCIATION as the certified bargaining
agent for the regular full-time employees designated as police officers and
sergeants as indicated in PERC Order No. 838, issued on October 6, 2021, or as
modified by PERC.
2. The Town shall provide written notice and an opportunity to bargain
with respect to the working conditions, rates of pay, and other terms and
conditions of employment for those within the aforesaid certified unit, as required
by law to:
John Kazanjian, President
Palm Beach County Police Benevolent Association
2100 N. Florida Mango Road
West Palm Beach, Florida 33409.
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ARTICLE 3 DUES DEDUCTION
Section 1.
Upon receipt of a lawfully executed written authorization from a bargaining
unit member, the Town agrees to deduct the current regular association dues on a
bi-weekly basis and remit such deductions to the treasurer of the PBA. The PBA will
notify the Town, in writing, thirty (30) days prior to any change in the regular PBA
dues structure. The employer is expressly prohibited from any involvement in the
collection of fines, penalties or special assessments and shall not honor any request
of this nature other than for association dues.
Section 2.
Any employee may, at any time, revoke his/her dues deduction and shall submit
such revocation form to the Town Payroll Section with a copy to the PBA.
Section 3.
The PBA agrees to provide necessary Dues Deduction Authorization forms and
Notice to Stop Dues Deduction forms for its members. These forms shall be at least
8-1/2" wide and 5-1/2" tall in dimension. The information entered on the forms,
with the exception of the member's signature, must be either typed or legibly
printed. These forms shall read as follows:
M
AUTHORIZATION CARD FOR DEDUCTION OF UNION DUES
hereby authorize the Town of Gulf Stream to deduct from my wages each pay period,
the current regular pay period PBA dues and to transmit this amount to the treasurer of the
Palm Beach County Police Benevolent Association, Inc.
Date: Name:
Town ID Number: Social Security Number:
Signature:
Address:
INSTRUCTION TO STOP DEDUCTION OF UNION DUES
I hereby instruct the Town of Gulf Stream to stop deducting from my wages each pay period the
current regular pay period PBA dues of the Palm Beach County Police Benevolent Association. A
copy of this revocation has been forwarded to the treasurer of the PBA.
Date: Name:
Town ID: Social Security Number:
Signature:
Number:
Address:
The PBA will indemnify, defend and hold the Town harmless against those claims made and suits
initiated against the Town that are specifically and narrowly related to only any check -off of
Union dues. The Union further agrees to pay those reasonable expenses of the Town (including,
but not limited to, reasonable attorneys' fees and costs) in defending against such suits on this
specific item only.
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ARTICLE 4 RULES OF CONSTRUCTION
1. The term "day" means any consecutive calendar day. When the last day of any
time period or a deadline under this Agreement falls on a Saturday, Sunday, or legal
holiday, then the time period or deadline continues to run until the next day that
is not a Saturday, Sunday, or legal holiday.
2. The terms "Association", "PBA", and "Union" are synonymous, meaning the
Palm Beach County Police Benevolent Association, Inc., and its duly authorized
agents.
3. The term "employee" in this Agreement means those individuals employed by
the TOWN in positions represented by the ASSOCIATION regardless of membership
in the ASSOCIATION.
4. The term "Police Chief" means the Chief of Police or his/her designee.
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ARTICLE 5 VALIDITY
If any provision of this Agreement shall be held invalid, the remainder of this
Agreement shall not be affected thereby. In the event a provision(s) of this
Agreement is held invalid, the parties, at the request of either party, shall meet as
soon as practicable and reopen negotiations of the provision(s) of this Agreement.
ARTICLE 6 WORKER'S COMPENSATION
1. The TOWN will carry Workers' Compensation coverage for all employees
covered by this Agreement in accordance with the law. All bargaining unit members
are covered by Chapter 440, Florida Statutes, and shall be entitled to the benefits
set forth in that statute.
2. In the event of an on-the-job injury related to an incident of lawful, active
performance of one's law enforcement duties (based on the Chief of Police's sole
discretion and determined to be compensable under the provisions of the Workers'
Compensation Act), a regular full-time employee may be carried at full pay status
for up to six (6) pay periods, prorated to the date of injury and less any workers'
compensation benefits. This payment will commence on the first full pay period
following the date that the employee is unable to work.
3. Any employee may supplement their workers' compensation benefits with
sick leave to reach full pay status. There is no supplemental pay during the pay
period in which the employee returns to work.
4. Nothing herein shall require the TOWN to create a light duty position when
there is no operational or fiscal justification for its creation.
5. This Article is not subject to the Grievance Procedure of this Agreement,
except for Article 6, section 3 above, which is subject to the Grievance Procedure.
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ARTICLE 7 INSURANCE
The TOWN will provide bargaining unit member's health, dental, vision, and
life insurance to bargaining unit members and their dependents under the TOWN
program, with benefits, deductibles, co -payments and Town contributions to the
cost of such insurance, at rates not less than the Town provides to all other Town
employees.
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ARTICLE 8 LEAVE WITHOUT PAY
1. Based on the Town's number of employees, no bargaining unit members are
eligible for leave under the Family Medical Leave Act (FMLA).
2. After 365 calendar days of employment, employees are eligible to request
leave without pay. All employee requests for unpaid leave must be in writing to the
Town's Human Resources Director, and such request shall include an explanation
of the reason(s) for the leave. Such requests must be made at least 30 days in
advance of foreseeable events or as soon as possible for unforeseeable events. A
healthcare provider's statement must be submitted verifying the need for leave
related to medical problems and its requested beginning and expected ending
dates. The Town will consider all such leave requests, in light of any undue
operational hardship, but the grant of such leave is in the Town's sole discretion.
3. Employees will be required to first use any accrued paid leave time before
taking any leave without pay. Benefit accruals, such as vacation, sick leave, or
holidays benefits, will be suspended during the leave without pay and will resume
upon the employee's return to active employment.
4. Prior to a return to work from leave without pay taken as the result of the
employee's own illness or injury, the Town may require an employee to submit to
and obtain a fitness for duty evaluation. The cost of the evaluation will be paid by
the Town.
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1. Employees are eligible for bereavement leave when a death occurs in an
employee's family (biological, adopted, step, and/or foster), herein defined as
father, mother, brother, sister, spouse, domestic partner, child, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
grandparent, grandchild, nephew, niece, aunt, uncle, and/or first cousin, as well as
the spouse/domestic partner's parents or grandparents. Special consideration may
also be given to any other person whose association with the employee was like
any of the above relationships, such as to those who reside in the employee's
household.
2. An employee shall be allowed up to three (3) work shifts bereavement leave
with pay. A request for additional time off without pay may be granted, subject to
the discretion of the Town Manager or his or her designee.
3. Following the initial three (3) work shifts of bereavement leave, the
employee may supplement any additional, granted bereavement leave with other
accrued leave. The Town may require verification of the death before granting such
other leave request.
4. Bereavement leave is available to both regular, full-time and probationary
employees.
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ARTICLE 10 MILITARY LEAVE
1. The Town shall adhere to Federal and State law, including the Uniformed
Services Employment and Reemployment Rights Act ("USERRA"), as well as Chapter
250, Florida Statutes and §115.07, Florida Statutes, with regard to any Military
Leave. In addition, in accordance with USERRA, the Town shall not retaliate against
any member assisting in the enforcement of USERRA rights, including testifying or
making a statement in connection with a proceeding under USERRA, even if that
member is not a service member. Any alleged violations of this Article shall not be
subject to grievance and arbitration.
2. A copy of employee's Military Orders shall be forwarded to the Town
Manager prior to taking military leave.
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ARTICLE 11 SICK LEAVE
1. Sick leave will be paid when the employee is absent from duty due to the
following reasons:
a. An employee's own injury, illness, or necessary medical and/or dental
treatment or appointment(s) which preclude the employee from
reporting for duty;
b. Any injury, illness, or necessary medical and/or dental treatment or
appointment(s) of an employee's family member (natural, adopted, step,
and/or foster), defined herein as the following: employee's spouse,
domestic partner, child, parent, sister or brother, mother-in-law, father-
in-law, grandparent, or grandchild. In the sole discretion of the Town,
special consideration may also be given to any other person whose
association with the employee is like any of the above relationships,
including but not limited to those who reside in the employee's
household.
2. Employees accrue ninety-six (96) hours (8 shifts) of sick leave per year,
accrued at the rate of eight (8) hours of sick leave per month. Sick leave benefits
will accrue and be calculated based on the employee's base pay rate.
3. Paid sick leave can be used in minimum increments of two (2) hours.
4. Employees who are unable to report to work because of illness or injury
should notify their direct supervisor before each day in which he/she will be absent,
at least three (3) hours before the scheduled start of their shift, or as soon as
reasonably possible.
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5. If an employee is absent for three (3) or more consecutive days because of
illness or injury, he or she may be requested to provide a physician' s statement
verifying the illness or injury, as well as its expected beginning and ending dates. If
an employee anticipates being absent for more than five (5) days because of
sickness or injury, the employee's leave request must be accompanied by a
physician's statement. The employee may request a period of leave without pay.
(See Article 8 —Leave Without Pay)
6. Any sick leave covered by a doctor's note providing an adequate explanation
of the reason for the absence, in the opinion of the Town, or related diagnosis will
not be considered an abuse of sick leave. Use of sick leave based on false claims
shall be deemed cause for dismissal, and employees failing to notify their
supervisor or the Town Manager of a reason for absence over three days' time shall
be considered to have resigned.
7. Sick leave benefits will be calculated based on the employee's base pay rate
at the time of absence, including shift differentials for those permanently assigned
to night shift, but will not include any special forms of compensation, such as
incentives, commissions, or bonuses. Sick leave benefits will not accrue during a
leave of absence without pay, suspension without pay, or when an employee is
otherwise in a non -pay status.
8. Unused sick leave may be accumulated up to a maximum of 960 hours (80
shifts). Those employees who accrue the maximum number of hours are eligible
for the Unused Sick Leave Bonus Program, described below (section 11), at the end
of each fiscal year.
9. All unused sick leave will be forfeited upon separation of employment from
the Town.
10. Unused sick leave hours are payable at the end of each fiscal year, under
the Unused Sick Leave Bonus Program described below.
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UNUSED SICK LEAVE BONUS PROGRAM
At the end of each fiscal year, the Town's Unused Sick Leave Bonus Program
provides monetary rewards to eligible employees for sick leave earned but not used
in the previous fiscal year.
The bonus is paid at the rates provided in the below chart, for those
employees with forty-eight (48) hours or more of unused sick time earned in the
previous fiscal year. The maximum payout is 48 hours, reserved for those
employees who used none of their 96 hours of sick leave accrued for that fiscal
year.
Those employees who have less than 48 hours of sick leave remaining at the
end of the fiscal year, or who use more than 48 hours of sick leave in a fiscal year,
are not eligible for the bonus program.
For the purposes of this bonus program, the first 96 hours of sick leave used
in a single fiscal year will be considered to have been time earned in that fiscal year.
Sick Leave Remaining from Hours
Accrued in Previous Fiscal Year
Bonus Paid in Regular Daily Wage
Equivalent
96 hours (8 shifts)
32 hours
88-95 hours
29.36 hours
80-87 hours
26.64 hours
72-79 hours
64-71 hours
24 hours
21.36 hours
56-63 hours
18.64 hours
48-55 hours
16 hours
47 or fewer hours
0 hours
11. Bonus payments do not affect accrual of sick leave benefits. In other words,
all unused hours for which a bonus is given remain available to the employee to
use in future years.
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12. For employees deceased in the line of duty, payout for sick leave, up to the
maximum of 160 hours, shall be paid to the estate of the decedent.
13. Sick leave is available to both regular, full-time and probationary employees.
14. COVID SICK LEAVE REIMBURSEMENT POLICY: From January 1, 2022, and
through September 30, 2022, the Town will provide up to ninety-six (96) additional
hours of sick time for those ill with COVID-19. This time will not be charged against
the employee's sick time bank. To receive these benefits, the employee test
positive for COVID-19 and provide such positive test results to the Town. The
employee must quarantine for five (5) days, or more if symptoms persist. The
additional sick time will run from the date of the positive Covid-test to the date of
the employee's return to work. The PBA may request bargaining on the
continuation or alteration of this policy if it requests such bargaining by October 1,
2022.
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ARTICLE 12 COURT APPEARANCES
1. Any member required to attend a judicial matter arising from the
performance of his or her duties shall be compensated for said services as follows:
A. An employee who is required to appear in court or at a deposition
during nonworking hours shall receive a minimum of three (3) hours payment at
one -and one-half (1.5) times the employee's regular rate of pay, or compensatory
time, at the member's option.
B. For the purposes of this article and subsection, each additional court
appearance separated from the employee's previous court appearance by a period
of more than one hundred twenty (120) minutes qualifies for compensation as
described above. The one hundred twenty (120) minute time period is calculated
from the time the employee is released by the court until the time stated on the
next subsequent subpoena. If the time between the court appearances is less than
one hundred twenty (120) minutes, then the employee will be compensated for
that period as continuous time.
C. For the purposes of this article and subsection, compensable time shall
begin thirty (30) minutes prior to the scheduled appearance time set by the
subpoena to compensate the employee for the time necessary to obtain and return
documentation/evidence for court appearances or depositions.
D. Witness fee shall be retained by the officer.
2. Members who are required to attend a judicial matter arising from
performance of his/her duties shall give notice to the Police Captain, and they will
provide the appropriate subpoena and overtime compensation slip. Rescheduling
may be requested and coordinated by the Town.
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3. Payment shall be made by the next payroll period following completion of
the service. Travel in excess of twenty (20) miles outside the perimeter of the Town
shall be compensated as one (1) hour of wages for the employee concerned.
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ARTICLE 13 MANAGEMENT RIGHTS
1. It is the right of the Town to determine unilaterally the purpose of each of its
constituent agencies, set standards of services to be offered to the public,
and exercise control and discretion over its organization and operations. It is
also the right of the Town to direct its employees, to take disciplinary action,
and relieve its employees from duty because of lack of work or for other
legitimate reasons. Unless expressly abridged by specific language of a
provision of this Agreement, management retains and reserves unto itself all
of its rights and privileges which it possessed at any time under law.
2. Management officials of the Town retain all rights, in accordance with
applicable laws, including but not limited to the following:
a. To manage and direct the employees of the Town.
b. To hire, promote, transfer, schedule, assign and retain employees in
positions with the Town.
c. To suspend, demote, discharge or take other disciplinary action against
employees.
d. To relieve employees from duties because of lack of work, funds or other
legitimate reasons.
e. To maintain the efficiency of the operations of the Town and to set
standards of police service to be offered to the public.
f. To determine the methods, means and personnel by which such operations
are to be conducted, including the right to contract and subcontract existing
and future work.
g. To determine the organization of Town government.
h. To determine the number of employees to be employed by the Town.
i. To determine and implement the number, types and grades of positions of
employees assigned to an organizational unit, department or project.
j. To determine and implement effect internal security practices.
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k. To require employees to be in a physical and mental condition that allows
them to effectively perform their normal duties.
I. To promulgate reasonable departmental rules and regulations not in
conflict with the provisions of this Agreement.
3. The Town Commission has the sole authority to determine the purpose and
mission of the Town and the amount of budget to be adopted.
4. All decisions regarding discipline and discharge are a management right
expressly retained by the Town. The Town Manager decides all issues
regarding discipline and discharge of Town employees, and his/her final
decisions are applicable to bargaining unit members as well. Use of the
grievance procedure for discipline, demotion and discharge is a non -
mandatory subject of bargaining. This collective bargaining agreement does
not contain any provisions which would bring this retained management
right within the grievance procedure herein, and these topics are expressly
excluded in all respects from this collective bargaining agreement.
5. If, in the sole discretion of the Town, it is determined that civil emergency
conditions exist, including, but not limited to riots, civil disorders, hurricane
conditions, or exigencies, the provisions of this Agreement may be
suspended by the Town during the time of the declared emergency, provided
that rates and monetary fringe benefits shall not be suspended.
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ARTICLE 14 SENIORITY/SHIFT TRADES/OVERTIME
1. Seniority shall be defined as length of service with the Town Police
Department. Seniority will be a factor considered when reviewing the employees'
selection of vacation schedules and scheduling overtime, provided the Police Chief
has the final authority to determine the placement of personnel for operational
reasons.
2. Mutually agreed upon shift trades will be permitted if a minimum of three
(3) days' notice is provided, or at the Chief of Police's sole discretion.
3. When the Department requires overtime work to fill a vacancy, the overtime
assignment shall first be offered to an employee who is already on duty. If no
employee on duty is able or qualified to work the overtime assignment, off duty
personnel will be called. The Town will consider seniority as a factor when offering
and assigning overtime, but overtime, in the sole discretion of the Town, may be
assigned based on availability. Overtime may be mandatory.
4. Where a promotional opportunity shall occur and two (2) or more employees
are under consideration, the Chief of Police shall in his/her discretion give due
consideration to seniority and qualifications.
5. An employee shall lose their seniority as a result of the following:
a. Termination
b. Retirement
C. Voluntary resignation
d. Layoff exceeding six (6) months
e. Failure to return from military leave within the time limits prescribed
by law.
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Failure to return from an authorized leave of absence upon the
expiration of such leave.
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ARTICLE 15 PAID VACATIONS
1. Vacation days accrue during each year of service. Exceptions to this general
rule may be made by the Police Chief at the Chief's discretion. The amount of paid
vacation time that employees receive each year increases with the length of their
employment, as shown in the following schedule. Vacation is calculated based on
the fiscal year of employment, with October 1 as the start of the Town's fiscal year.
Newly hired employees begin to accrue vacation time at a rate of 80 hours per year
- 6. 664 hours per month — beginning six months after the employee's start date.
Upon the first October 1 after the employee has been employed by the Town for
six months or more, vacation accrual will become 88 hours per year, and will
thereafter increase by eight (8) hours each year upon October 1, until 15 years of
tenure is reached, as noted in the chart below. All personnel shall be entitled to
earn and take vacation with pay in accordance with the following accrual schedule:
FISCAL YEAR OF
VACATION DAYS
Earned Monthly
Earned Yearly
Six months after the employee's
startingdate
6.664 hours
80 hours
On the first October 1 after
employee has been employed by
the Town on a full-time basis
after the first six months of
employment.
7.328 hours
88 hours
2 years
8 hours
96 hours
3 years
8.64 hours
104 hours
4 years
9.28 hours
112 hours
5 years
10 hours
120 hours
6 years
10.64 hours
128 hours
7 years
11.328 howl
136 hours
8 years
12 hours
144 hours
9 years
12.64 hours
152 hours
10 years
13.28 hours
160 hours
11 years
14 hours
168 hours
12 years
14.64 hours
176 hours
13 years
15.328 hours
184 hours
14 years
16 hours
192 hours
15 years and beyond
16.64 homy
200 hours
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2. To take vacation, an employee shall request advance approval from his or
her Chief of Police or his designee. Requests will be reviewed based on several
factors, including business needs and staffing requirements, and management will
attempt to grant all such requests absent operational necessity. Vacation time off
is paid at the employee's base pay rate at the time of vacation, including shift
differentials for those permanently assigned to the night shift. It does not include
overtime or any other special forms of compensation such as incentives,
commissions, or bonuses. Employees do not accrue vacation time during leave of
absence without pay, suspension without pay, or any other type of leave without
pay.
3. Paid vacation time can be used in minimum increments of one (1) hour, with
a two (2) hour minimum. Partial days may be used with the prior approval of the
Police Chief. Employees may use up to 40 hours of vacation prior to accrual each
year, with the approval of the Chief of Police.
4. An employee who does not use all of his or her vacation time earned during
a fiscal year may rollover a maximum of forty (40) hours to be used during the next
fiscal year. If the employee chooses not to rollover any unused vacation time into
the next fiscal year, the unused vacation hours will be paid out at the employee's
current base rate of pay at the end of the fiscal year in September. An employee's
vacation bank shall be capped at a maximum of forty (40) hours. In cases where
unusual circumstances prevent an employee from using vacation time during a
given year, consideration will be granted for adjustment of carry-over rate and
requirements to use vacation time in the discretion of the Police Chief.
5. Upon termination of employment, if the employee has served in the Town's
employment for at least six (6) continuous months immediately prior to
termination, employees will be paid for unused vacation time that has been earned
through the last day of work. However, if the Town, in its sole discretion, terminates
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employment for just cause, forfeiture of unused vacation time may result in the
sole discretion of the Town and such forfeiture will be considered to be disciplinary
in nature, and not subject to the Grievance Procedure in this Agreement.
6. Any Town employee, that chooses to do so, may donate any portion of his or
her accrued vacation time to any other active Town of Gulf Stream employee who
has been on sick leave for an extended period of time.
7. Employment terminated without cause in the sole discretion of the Town, or
by layoff, retirement, illness or injury, shall not affect payment of earned vacation
time.
9. If employment is terminated by death, the estate of the employee shall
receive payment for the earned vacation hours.
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ARTICLE 16 PAID HOLIDAYS
1. The following days shall be considered paid holidays, and all
employees will receive twelve (12) hours of pay for the following twelve (12)
holiday days, even if they do not work:
New Year's Day
Martin Luther King Jr. Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday Following Thanksgiving Day
Christmas Day
Floating Day (To Be Chosen by the Employee with the Prior Approval of the Chief
of Police or his designee)
2. The Town will grant paid holiday time off to all eligible employees
immediately upon assignment to an eligible employment classification. Holiday pay
will be calculated based on the employee's straight -time pay rate (as of the date of
the holiday) times the number of hours the employee would otherwise have
worked on that shift.
3. If a recognized holiday falls during an eligible employee's paid absence
(e.g., vacation, sick leave), holiday pay will be provided instead of the employee's
use of the paid time off benefit that would otherwise have applied. In other words,
holiday time will not be charged against an employee's accrued vacation time or
sick leave.
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4. If an eligible nonexempt employee works on a recognized holiday, he
or she will be paid at twice the employee' s regular rate of pay. Paid time off for
holidays will not be counted as hours worked for the purposes of determining
overtime. Only the hours actually worked on a holiday, if any, count as hours
worked in the pay period when calculating eligibly for overtime.
5. If the Town provides an additional holiday to Town employees, the
holiday also will be provided to bargaining unit members
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ARTICLE 17 GRIEVANCE PROCEDURE / ARBITRATION
1. In a mutual effort to provide a harmonious working relationship between the
parties to this Agreement, it is specifically agreed and understood that there shall
be a procedure for the resolution of disputes between the parties. For the purpose
of this Article, a grievance is defined as, and limited to, any dispute, difference or
controversy involving the interpretation or application of this Agreement. A
dispute over disciplinary action shall be considered an appeal of disciplinary action
under Article 18, unless otherwise grievable.
2. For the purpose of this Article, time is considered to be of the utmost
importance. Accordingly, any grievance not submitted and/or processed by the
grieving party in accordance with the time limits provided below shall be
considered exclusively abandoned and shall be barred, forfeited, and forever
foreclosed for all contractual purposes and shall result in the forfeiture of all rights
to arbitration. Any grievance not answered or processed by the TOWN within the
time limits provided below shall be deemed resolved in favor of the grievant.
3. Grievances shall be presented in the following manner:
Step 1: In the event an employee covered by this Agreement believes that
there is a basis for a grievance, as that term is defined above, the employee shall
first discuss the alleged grievance with the immediate supervisor, and may be
accompanied by a representative of the employee's choice, if so desired. This first
discussion shall take place within ten (10) calendar days of the occurrence of the
events which gave rise to the alleged grievance, or within ten (10) calendar days of
when the employee knew or should have known of the existence of the events
giving rise to the alleged grievance.
Step 2: In the event that the employee is not satisfied with the disposition of
the grievance at Step 1, the employee may file a formal grievance. Such a grievance
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must be filed within ten (10) calendar days after the informal discussion is held at
Step 1.
Said grievance must be in writing, must be signed by the employee or the Union as
the employee's representative, and must contain: (a) the date of the alleged
grievance; (b) the specific article (s) of this Agreement allegedly violated; (c) the
facts pertaining to or giving rise to the alleged grievances; and (d) the relief
requested. The formal grievance shall be submitted to the Police Chief or the
Chief's designee. The Police Chief shall, within ten (10) calendar days after the
receipt of the formal written grievance, render the decision on the grievance in
writing. The Police Chief shall reply in writing within ten (10) calendar days of
receipt of the grievance. Failure by the Police Chief to reply within the time period
shall be held to be an approval of the grievance and the remedy sought.
Step 3: In the event that the employee is not satisfied with the disposition of
the grievance by the Police Chief at Step 2, the employee shall have the right to
submit the grievance to the TOWN Manager within ten (10) calendar days after the
disposition. Such grievance must be accompanied by the filing of a copy of the
original written grievance. The TOWN Manager shall, within ten (10) calendar days
of receipt of the grievance, render the decision on the grievance in writing. If the
TOWN Manager shall fail to reply in writing, such failure shall be deemed as an
approval of the merits of the grievance/dispute and the remedy sought.
4. Where a grievance is general in nature in that it applies to a number of
employees having the same issue to be decided, or if the grievance is directly
between the ASSOCIATION and the TOWN, it shall be presented directly at Step 3
of the grievance procedure, within the time limit provided for the submission of
the grievance at Step 2, and signed by the aggrieved employees or the
ASSOCIATION representative on their behalf.
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5. In the event a grievance processed through the grievance procedure has not
been resolved at Step 3 above, the ASSOCIATION may submit the grievance to
arbitration within ten (10) calendar days after the TOWN Manager's disposition of
the grievance. Such request shall be in writing to the other party, and if delivered
by mail, postmarked within ten (10) days of the TOWN Manager's disposition of the
grievance. The arbitrator may be any impartial person mutually agreed upon by the
parties. However, in the event the parties are unable to agree upon an impartial
arbitrator, the party seeking the appointment of an arbitrator shall, within ten (10)
days, request the Federal Mediation and Conciliation Service to furnish a panel of
seven (7) names from which each party shall have the option of striking three (3)
names in alternating fashion, until the parties select a neutral or impartial
arbitrator. The party striking first shall be determined by the toss of a coin. The
seiection process shall occur within ten (10) calendar days of receipt of the panel
list.
6. Whenever the grieving party is satisfied with the disposition of the grievance
at any step of the grievance procedure, or if the grieving party does not process the
grievance in accordance with the specified time limits, processing of the grievance
by the TOWN will automatically stop. However, a grieving employee may not
partially accept and partially reject a disposition of their grievance. The employee
must either accept or reject the disposition of their grievance, in its entirety. Thus,
for example, if any employee grieves a termination, and is ordered reinstated
without back pay at one of the steps of the grievance procedure, the employee may
not accept the reinstatement and continue to grieve the loss of back pay. The
employee's only choices would be to accept the disposition of the grievance, or to
remain discharged and pursue the grievance further.
7. For the purposes of this Article, the term "calendar day" is defined to include
every day except Saturdays, Sundays, and days designated as holidays by this
Agreement, regardless of whether the grievant is on duty or off duty.
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8. The time limits contained herein are to be strictly adhered to and may only
be extended by written agreement between the parties.
9. The TOWN and the ASSOCIATION shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the arbitrator, thereafter, shall confine their decision to the particular grievance
thus specified. In the event the parties fail to agree on the statement of the
grievance to be submitted to the arbitrator, the arbitrator will determine the
statement of the grievance, provided, however, that the arbitrator shall have no
authority to change, amend, add to, subtract from, or otherwise alter or
supplement this Agreement or any part thereof or amendment thereto. The
arbitrator shall have no authority to consider or rule upon any matter which is
stated in this Agreement not to be subject to arbitration or which is not a grievance
as defined in this Article, except to the extent as specifically provided herein or
expressly agreed to by the parties.
10. The arbitrator may not issue declaratory opinions and shall confine himself
exclusively to the question(s) presented to him/her, which questions(s) must be
actual and existing.
11. Each party shall bear the expense of its own witnesses and of its own
representatives for the purposes of the arbitration hearing. The impartial
arbitrator's fee and related expenses, as well as the expenses of obtaining a hearing
room, if any, shall be equally divided between the parties. Any person desiring a
transcript of the hearing shall bear the cost of such transcript, unless both parties
mutually agree to share such costs.
12. For the first three hundred sixty-five (365) days of consecutive service with
the TOWN after initial hire, an employee is probationary. That is, the employee
serves at the will and pleasure of the TOWN, and thus, the employee may be
disciplined or discharged without explanation or for any reason deemed sufficient
33
by the appropriate TOWN official. Accordingly, probationary employees shall have
no right to utilize this grievance/arbitration procedure for any matter concerning
discharge, suspension or other discipline.
13. The ASSOCIATION representative will be furnished with a copy of each
grievance filed by an employee within the bargaining unit.
14. Employees may request to have an ASSOCIATION representative present at
any step of the grievance procedure.
15. The ASSOCIATION will not be required to process the grievance of non-
members. The ASSOCIATION will not be responsible for grievances proceeding to
arbitration without being first notified by the TOWN in writing (and with a copy of
the grievance) in a timely manner. The ASSOCIATION representative will have their
name, address and all contact numbers on file with the TOWN.
16. The settlement of any grievance by the parties prior to the rendition of a
decision by an arbitrator shall not constitute an admission that the contract has
been violated, nor shall such settlement constitute a precedent for the
interpretation or application of the provisions of this Agreement.
17. When arbitrability is raised by the TOWN with respect to any grievance, the
issue of arbitrability shall be determined by the arbitrator no less than thirty (30)
days prior to commencement of an arbitration hearing on the grievance itself.
18. If the TOWN does not agree that the matter is arbitrable, notification shall
be sent to the ASSOCIATION of such issue within ten (10) days of receipt of the
ASSOCIATION's request to proceed to arbitration. In such an instance, the TOWN
must submit solely the question of arbitrability either to an arbitrator or to a court.
If the arbitrability issue is submitted to an arbitrator, the decision shall be based
solely on written briefs, exhibits and affidavits submitted by the parties, with no
34
oral argument allowed; and shall be submitted to the arbitrator within ten days of
selection of the arbitrator. The arbitrator shall render the decision within fifteen
(15) days of receipt of the parties' submissions.
19. Whichever party loses on the issue of arbitrability shall pay the costs involved
in that proceeding.
20. If there is no objection by either party to the arbitrability of the grievance,
and the above -mentioned procedure has been fully complied with or results in a
determination that the grievance is arbitrable, the parties shall proceed to arbitrate
the grievance.
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ARTICLE 18 ASSOCIATION ACTIVITIES AND UNION BUSINESS
1. An employee shall have the right to join or not join the ASSOCIATION, to
engage in lawful concerted activity for the purpose of collective bargaining or other
mutual aid or protection, to express or communicate any view, to file any
grievance, and to express any complaint or opinion relating to conditions of
employment or compensation, through duly appointed ASSOCIATION
representation. All actions are to be free from any and all restraint, coercion,
discrimination or reprisal by the TOWN or the ASSOCIATION. The Town shall
recognize one (1) member of the bargaining unit as an authorized PBA
representative as designated by the UNION to the Town in writing. The PBA shall
be permitted to designate one (1) additional PBA representative as an alternate.
2. Time Pool Bank and Union Business: ASSOCIATION officials and/or
authorized members (no more than two (2)) shall be granted the following benefits,
as applicable:
A. The Town agrees to establish a PBA time pool bank to be used for PBA
representatives and/or authorized bargaining unit members to conduct
union business, as defined in this Article. PBA members covered by this
Agreement as determined by signed dues deduction cards or a list submitted
by the Association shall donate three (3) hours of vacation or compensatory
time, at the member's option, each year to the PBA time pool bank. The
initial deduction shall be made from each member's vacation leave or comp
time during the first pay period in the month after ratification of this
Agreement. In subsequent years, said deduction shall be made from each
member's vacation or comp time during the first week in October. All unused
donated time will be carried over from year to year. The time accumulated
in the time pool bank shall be recorded based on hours donated.
36
B. Leave time contributed to the bank shall be paid out when used, on an
hour -for -hour basis at the base hourly rate of the union representative or
member who is authorized to use the leave.
C. The PBA authorizes the Town's Payroll to automatically deduct, from
the union time pool, the number of hours utilized in each pay period, unless
notified of an exception by the Union.
D. Association officials and/or members, no more than two (2), shall be
granted reasonable time during working hours, without loss of pay and
without use of the time pool bank, to negotiate with the Town.
E. Any members performing PBA business off -duty shall be entitled to
use the PBA pool time. Charges against the PBA time pool shall be
documented by use of a form designated by the Town, to be completed for
each request and including the event name and number of hours. The form
shall have the approval signatures of the Association President or lead PBA
representative and the Chief of Police or his/her designee. The Chief of Police
or his designee may approve or deny use of this leave based upon the
reasonable operational needs of the Department, and proposed reason for
leave. The above form must be submitted to the Chief or his designee a
minimum of seventy-two (72) hours prior to the time the employee is
requesting to use the time pool bank. Submission made with less than
seventy-two hours' notice may be granted at the discretion of the Chief or
his designee. In emergency situations the approval of time pool use may be
obtained through the appropriate supervisor. Time spent by any employee
that is compensated by use of the PBA time pool is not "hours worked" for
the Town for purposes of calculating overtime under the Fair Labor
Standards Act.
37
3. Reasonable time shall be granted forth e processing of grievances with a duly
designated representative of the ASSOCIATION during working hours. The TOWN,
in its discretion, may stop the use of such time if it interferes with productivity or
manpower needs. However, the exercise of such right on the Town's part will be
reasonable, so as to not deprive the employee of his or her right to representation.
An ASSOCIATION representative shall be permitted to accompany a fellow
employee in circumstances such as:
A. The employee is required to appear at a hearing or meeting related to
a grievance.
B. The employee is presenting or responding to a grievance.
C. The employee is subject to interrogation in conjunction with an
internal affairs investigation.
D. The employee is attending a pre -determination hearing.
4. The Town Manager shall be immediately notified in writing of changes of
appointed ASSOCIATION representatives.
5. ASSOCIATION representatives shall be permitted to wear ASSOCIATION
insignia while on duty.
38
ARTICLE 19 RULES, REGULATIONS, DIRECTIVES
1. Amendments, additions or modifications to personnel rules, regulations, and
departmental directives shall be in writing, and a copy of the same shall be provided
to employees at the time of implementation. If the ASSOCIATION wishes to discuss
any such policies, it shall contact the Town and request to discuss same.
2. Nothing in this Article shall be construed as a waiver of the ASSOCIATION's
right to bargain over mandatory subjects of bargaining prior to the implementation
of such change(s), or to bargain over the impact of any rule change which has the
practical effect of altering the bargaining unit members' terms and conditions of
employment. Such a request for bargaining must be received within fourteen (14)
days after written notification to the ASSOCIATION by the TOWN of any such
proposed change(s). Nothing in this Article shall be construed to be a waiver of the
Town's management rights, as set forth in this Agreement.
39
ARTICLE 20 BULLETIN BOARD
1. The ASSOCIATION will provide a serviceable bulletin board for its use. All
materials posted must be signed by the designated representative of the
ASSOCIATION, or the alternate. The TOWN agrees to furnish space for the bulletin
board but shall have no control over the postings on the Board.
2. Bulletins shall contain nothing derogatory relating to the TOWN, its elected
officials, or supervisory personnel.
Us]
ARTICLE 21 WORKWEEK AND OVERTIME
1. The TOWN has the right to change work/shift schedules, work cycles, and
starting times when operational necessity requires during the term of this
Agreement subject to the following:
A. The work cycle shall not exceed twenty-eight (28) days. The hours of
work within the established work cycle shall be 6.1 (rounded) hours per day,
as set forth in 29 C.F.R. section 553.230. Hours worked in excess of the
maximum hours provided by the referenced regulation shall be paid at time
and one-half the employee's regular rate of pay, or through compensatory
time, at the member's option.
B. At the bargaining unit member's discretion, in lieu of overtime pay, a
bargaining unit member may choose to accrue compensatory time. The
accumulation of compensatory time shall be limited to a total maximum
accrual of forty-eight (48) hours, inclusive of conversion to the time and one-
half rate. Requests for the use of earned compensatory time may be granted
if a member requests to use compensatory time at least fourteen (14)
calendar days in advance. If less than fourteen (14) calendar days' notice is
provided, the member shall state the reason for the requested leave and,
again, the granting of the request shall be at the discretion of the Police Chief
or his/her designee. This provision shall not apply to major holidays, upon
the Police Chief's determination that the Department will suffer undue
operational hardship, or upon the Chief's determination that the
Department is, or will be, in a state of emergency. Compensatory time may
only be requested up to a maximum of ninety (90) days in advance.
C. Details at the Town's clubs and other private establishments will be
offered at fifty dollars per hour ($50), with a four-hour (4 hour) minimum.
Hours worked on private details are not hours worked for overtime
purposes. Officers may check out a Town patrol car for use on the detail,
according to Town protocol.
41
D. Absent exigent circumstances, the TOWN shall provide the affected
members, with no less than thirty (30) days written notice of its intent to
alter departmental work/shift schedules, work cycles, and starting times. The
notice shall include a proposed date of implementation, but the proposal will
be subject to pre -implementation bargaining at the request of the
Association.
E. If the ASSOCIATION timely requests bargaining, the implementation
date shall not be delayed, but the parties shall meet as soon as possible and
engage in good faith bargaining over the issues identified by the
ASSOCIATION.
2. The TOWN retains the right to make changes in schedules when
circumstances exist that create an operational hardship, such as hurricanes or
declared states of emergencies.
3. An employee who is directed to report for work during a declared state of
emergency and fails to do so is subject to discipline.
4. Members who are permanently assigned to work night shifts will receive an
additional $1.00 per hour supplement in addition to their base rate of pay for those
hours worked. Such differential pay shall be computed in those members' paid
leave and overtime rates. Regular night shift means the shift starting at 7:00 pm
and ending at 7:00 am.
5. Members will "clock" in and out of their assigned shifts by utilizing the
biometric timecard system, set forth in separate memorandum.
42
ARTICLE 22 PUBLIC SAFETY RELATED EDUCATION
1. Bargaining Unit Employees are eligible to participate in the TOWN's
educational assistance program as revised.
2. In order to qualify for reimbursement under the TOWN's program, all
courses to be taken must be related to the employee's job duties, and such courses
must be prior approved by the Police Chief and the Town Manager, or their
respective designees.
3. Any and all continuing education will be done on the employee's own
time, unless prior permission is granted for paid or unpaid leave(s) of absence
during which the employee's insurance benefits will continue.
4. Educational reimbursement benefits will be granted uniformly to all
employees, absent operational necessity which may prevent the grant of leave(s)
of absences.
5. The TOWN also will participate in the State of Florida educational degree
incentive program.a
a Referring to section 943.22, Florida Statutes, for the Salary incentive program for full-time officers
43
ARTICLE 23 WORK ASSIGNMENT OUT OF GRADE
A police officer who is formally reassigned for an extended period of time as
a Sergeant and who is required to temporarily accept responsibility and carry out
the duties of a Sergeant shall be paid five percent (5%) above the individual's
present base rate for that position while so engaged.
44
ARTICLE 24 MEDICAL EXAMINATIONS
1. In those situations where the TOWN requires a medical examination, the
entire cost shall be borne by the TOWN. The TOWN will provide those vaccinations
and examinations as required by section 112.181, Florida Statutes.
2. The foregoing shall not be construed to prohibit the TOWN from ordering an
employee to undergo an examination to determine physical or psychological fitness
for duty when the TOWN has a reasonable suspicion that the employee is unfit to
perform their duties. "Reasonable suspicion" means a belief drawn from specific,
objective, and articulable facts and reasonable inferences drawn from those facts
in light of experience. Reasonable suspicion testing may be required with the
written approval of the Police Chief setting forth briefly the facts and inferences,
which may be based upon:
A. Abnormal conduct or erratic behavior while at work;
B. a significant deterioration in work performance; or
C. excessive use of sick time.
45
ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE
1. The Town shall provide uniforms on an as needed basis and shall provide for
the dry cleaning of uniforms at no cost to the employees.
2. Uniforms damaged beyond repair in the line of duty shall be replaced by the
TOWN at no cost to the employee.
3. Costs for repair or replacement of watches or eyeglasses damaged or
destroyed due to activities of the employee while in the course and scope of duty
will be reimbursed by the TOWN at a cost not to exceed one hundred and fifty
($150.00) dollars per item.
4. A shoe reimbursement of up to one hundred and fifty ($150.00) dollars per
fiscal year shall be paid to all bargaining unit members upon presentation of a
receipt for suitable law enforcement work shoes.
46
ARTICLE 26 VEHICLES AND EQUIPMENT
In the event an employee (if authorized and directed in advance) uses their
own automobile for the performance of official duties on behalf of the TOWN, the
employee will be compensated at the IRS rate for mileage prevailing at the time of
use. TOWN vehicle use shall be covered by the TOWN'S adopted policies.
Ctl
ARTICLE 27 WAGES
Bargaining unit members will receive wage increases each fiscal year
according to the following schedule:
1. Fiscal Year 2022-2023.
Employees base rates will be adjusted by a 5% across the board increase
effective October 1, 2022. In addition, employees will receive a gas allowance in
12 equal monthly installments of $200 per month during the fiscal year ending
with the September 2023 payment, as long as the employee is employed with the
Town, which gas allowance will not affect the base wage rates.
2. Fiscal year 2023-2024.
The Parties will engage in reopener negotiations on this Article for fiscal year
2023-2024 on or about July 2023.
3. Fiscal Year 2024-2025.
The Parties will engage in reopener negotiations on this Article for fiscal year
2024-2025 on or about July 2024.
48
ARTICLE 28 RETIREMENT BENEFITS
The TOWN will provide to its employees a 401(a) defined contribution plan
and a 457 deferred compensation plan, as detailed in Town policies and manuals.
Any change or adjustment to the plan(s) currently in place will be subject to pre -
implementation bargaining.
49
ARTICLE 29 TRAINING
The TOWN will provide one week's advance notice for any training scheduled
for weekends.
2. Any training beyond Miami -Dade, Broward, Martin, St. Lucie, and Palm
Beach County will allow for an overnight stay paid for by the TOWN. When training
in Miami -Dade County involves a two-day class, the night between the training days
will allow for an overnight stay paid for by the TOWN.
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ARTICLE 30 PROBATIONARY EMPLOYEES
1. All new employees shall be designated as probationary employees and shall
remain in probationary status in their classification for 365 days after 1) the
successful completion of the Field Training Program of the Town or 2) the
commencement of full-time employment by the Town as a sworn law enforcement
officer, whichever is later. The first date of actual work as a full-time employee shall
be considered to be their hire or service date for purposes of benefits under this
Agreement. During the introductory period, an employee may be discharged for
any reason. Upon the expiration of this time period, the Police Chief shall either
approve or reject, in writing, retention of the employee. The introductory period
may be extended by an additional three (3) months, but notice of such extension
must be provided at least thirty (30) days prior to the end of that employee's
probationary period.
2. An employee that does not successfully complete his or her initial
introductory period shall have no right to utilize any policy or procedure for any
matter concerning a failure to successfully meet job performances standards
during said period.
3. The probationary period shall be used for observing the employee's
performance and adaptation to Town employment.
4. Upon the satisfactory completion of the probationary period, the employee
shall attain regular status.
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ARTICLE 31 POLICE OFFICER'S BILL OF RIGHTS
Sworn law enforcement personnel shall be afforded all rights under Section
112.532 to 112.534, Florida Statutes, Law Enforcement Officers' and Correctional
Officers' Rights. Any concerns of the Union or the bargaining unit member related
to this Article are not subject to the grievance and arbitration procedure of this
Agreement as the primary subject of a grievance.
6%
ARTICLE 32 DURATION
1. Except as otherwise provided herein, this Agreement shall be effective
October 1, 2022, and shall continue in force and effect from its ratification until its
expiration date of September 30, 2025, or otherwise until a successor Agreement
is ratified by the Parties.
2. No base wage increase or cost of living adjustment shall be paid beyond the
end date of this Agreement, except as provided in a subsequent Memorandum of
Understanding as may be negotiated and ratified by the Parties.
3. The TOWN and the PBA will commence bargaining for a successor agreement
on or about July 2025.
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SIGNATURE PAGE
THE TOWN OF GULF STREAM, FLORIDA
Town Manager
Town Clerk
Date of ratification by Bargaining Unit:
Date of ratification by the Town:
THE PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION, INC.
President, Palm Beach County Police
Benevolent Association, Inc.
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