R15-167 1 RESOLUTION R15 -167
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, RATIFYING THE AGREEMENT
5 BETWEEN THE CITY OF BOYNTON BEACH,
5 FLORIDA AND THE INTERNATIONAL
7 ASSOCIATION OF FIREFIGHTERS, LOCAL 1891
3 FOR THE PERIOD OF OCTOBER 1, 2015 THROUGH
SEPTEMBER 30, 2018, AND AUTHORIZING AND
1) DIRECTING THE CITY MANAGER TO SIGN THE
11 AGREEMENT; AND PROVIDING AN EFFECTIVE
12 DATE.
13
11 WHEREAS, the City of Boynton Beach and the International Association of
15 Firefighters, Local 1891 have successfully concluded negotiations for a three (3) year
15 contract; and
17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
13 the best interests of the residents and citizens of the City to ratify the Agreement and
1) execute the same.
2) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21
22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
21 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
2 5 ratified and confirmed by the City Commission.
2 5 Section 2. The City Commission of the City of Boynton Beach, Florida does
27 hereby ratify the Agreement between the City of Boynton Beach and the International
23 Association of Firefighters, Local 1891 for the period of October 1, 2015 through
2) September 30, 2018, and authorizing and directing the City Manager to sign the
3) Agreement, a copy of said agreement being attached hereto as Exhibit "A ".
3 l Section 3. This Resolution will become effective immediately upon passage.
S: \CC \WP\Resolutions\2015\R15 -166 - IAFF CBA 2015 -18 - Reso.doc
3? PASSED AND ADOPTED this 15 day of December, 2015.
33
34
3 5 CITY OF BOYNTON BEACH, FLORIDA
35
3 7 YES NO
33
39 Mayor — Jerry Taylor ✓'
4)
4 1 Vice Mayor — Joe Casello ✓
42
43 Commissioner — David T. Merker
44
4.i Commissioner — Mack McCray
4 6
47 Commissioner — Michael M. Fitzpatrick
4
4 9
50 VOTE ` a
5 i
52 ATTEST:
5 3
5 4
5 dier ROLL 44..itT)
56 t M. Prainito, MMC
5 Clerk
5 8
5 9 GAT 0'
6 0 ;A,.,
6 o rte Seal TM
6 Ca
0 �i�, e .
63 ,x `
64
S: \CC\WP\Resolutions\2015\R15 -166 - IAFF CBA 2015 -18 - Reso.doc
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL 1891
OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL -CIO, CLC
For a Term Ending September 30, 2018
Ratified by Union: / 120L5'
Ratified by Commission:
For a Term Ending September 30, 2018 IAFF VA-- CITY
TABLE OF CONTENTS
Article Title Page
- -- Preamble 1 ADDENDA
1 Recognition 2
2 Discrimination 3 ADDENDUM "A"
3 Payroll Deduction of Dues 4 Drug Free
4 Union Time Pool 5 Workplace Policy
5 Representation of the Union 7 Page 75
6 Representation of the City 8
7 Rules and Regulations 9
8 Hours of Work 10 ADDENDUM "B"
9 Working Conditions 11 Wages -Step Plan
10 Uniforms and Safety Equipment 12 Page 90 I
11 Physical Exams & Immunizations 16
12 Group Insurance 19
13 Legal Defense 24 ADDENDUM "C"
14 Wages 25 Tuition Refund
15 Overtime and Call back 28 Program /Rules
16 Exchange Time 30 Page 93
17 Sick Leave 32
18 Compassionate Leave 36
19 Vacation 37 ADDENDUM "D"
20 Personal Time 39 Career Ladder and
21 Holidays 40 Promotional Criteria
22 Court Time 42 Page 101
23 Working Out of Classification 44
24 Education 46
25 Educational Supplemental Compensation..... 48 INSPECTOR MOU
26 S Paramedic ecial Team Assignment Pay.. 49 Page 106
/P t1' g Y
g
27 Licenses & Registration Fees 51
28 Seniority List 52
29 Vacancies and Promotions 54 ADDENDUM "E"
30 Bulletin Boards 55 Mutual Consent
31 Notification and Distribution 56 Agreement - IPTR
32 Grievance Procedure 57 Page 108
33 Prevailing Rights 60
34 Savings Clause 61
35 Appendices, Amendments and Additions 62
36 Successors 63
37 Compensatory Time 64
38 Management Rights 65
39 Supplemental Retirement Insurance 67
40 Collateral Documents 70
41 Pension 71
42 Drug Free Workplace 72
43 Duration 73
- -- Signature Page 74
For a Term Ending September 30, 2018 IAFF CITY CO
PREAMBLE
Section 1. This Agreement is entered into by and between the City of Boynton Beach,
hereinafter referred to as the "City ", and the Boynton Beach Fire Fighters and Paramedics,
IAFF Local 1891, of the International Association of Fire Fighters, hereinafter referred to as
the "Union ".
Section 2. It is the purpose of this Agreement to achieve and maintain harmonious
relations between the City and the Union; to provide for equitable and peaceful adjustment
of differences that may arise and to establish proper standards of wages, hours and other
conditions of employment.
Section 3. The Union and the City jointly recognize the need to perform the highest
quality and level of fire rescue services for the citizens of, and visitors to, Boynton Beach in
the most efficient manner possible, and hereby agree, in the best interest of both, that the
employees of the Fire Rescue Department will be best served by attaining maximum
efficiency and productivity. Therefore, the parties hereto agree to use their best efforts to
create and maintain an atmosphere in which every employee's efforts are aimed toward
these objectives and will cooperate to these ends.
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For a Term Ending September 30 2018 IAFF
ARTICLE 1
RECOGNITION
Section 1. The City hereby recognizes the Union as the sole and exclusive
bargaining agent for all Fire Fighters, including Lieutenants, Captains, Battalion
Chiefs, and internally filled staff positions occupied by Fire Fighters whose job
requires them to possess and maintain a Firefighter Certification..
Section 2. This recognition will be for the purpose of bargaining with the City
with respect to wages, hours of work, and all other terms and conditions of
employment.
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For a Term Ending September 30, 2018 IAFF CITY 59
ARTICLE 2
DISCRIMINATION
The City agrees not to discriminate against any employee for his /her activity on
behalf of, or membership in, the Union. Union agrees not to discriminate against
employees who elect not to become members of the Union.
Employees have an affirmative duty to report to City's Human Resources Director
discriminatory conduct by Fire - Rescue department employees.
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For a Term Ending September 30, 2018 IAFF CITY C
ARTICLE 3
PAYROLL DEDUCTION OF DUES
Section 1. The City agrees to deduct, once each pay period, dues in an amount
certified to be current by the Treasurer of the Union from the pay of those
employees who individually request in writing that suc h d eductions be made. The
total amount of deductions shall be remitted each month, by the City to the
Treasurer of the Union. This authorization shall remain in full force and effect
during the term of this Agreement or for 30 days after notification of the revocation
of this authorization by the Union Treasurer. The Union will pay for this service in
the form of a lump sum payment of $100.00 per contract year.
Section 2. Any employee may revoke his /her dues deduction by forwarding
their intentions to the Union Treasurer in writing. The Union Treasurer shall be
responsible for notifying the City's Finance Department of such revocation.
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For a Term Ending September 30, 2018 IAFF Y' — CITY
ARTICLE 4
UNION TIME POOL
Section 1.
A. For the purpose of allowing officers of the Union or their designees to
conduct union business and attend union functions, a Union Time Pool
is established. Each contract year the City will credit the Union Time
Pool with 240 hours of time to be used in increments of 2 hours or
more.
B. Between September 1 and September 15 of each year, bargaining unit
members shall be permitted to donate hours of accrued vacation or
comp time to be banked and subsequently used to permit designated
union representatives to attend Union functions. Donations to this
Union Time Bank shall be made by any bargaining unit member on a
voluntary basis and on a designated submittal form. All donated time
will be calculated and banked on an hour -to -hour basis. An accurate
list of those employees donating to this time bank shall be maintained
by the Union and administrative payroll, a copy of which will be
provided to the Deputy Chief of Operations. Only those employees
donating time shall be eligible to work in the absence of a Union
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For a Term Ending September 30, 2018 IAFF CITY 9)4
Representative who is benefiting from this Article. It shall be the
Union's responsibility to coordinate with Management the provision
of coverage and replacement of Union Representatives attending an
approved function.
C. All requests to use this time are subject to daily staffing requirements
and must be submitted for approval by the Deputy Fire Chief at least
forty -eight (48) hours in advance of the requested date of use. The on
duty Battalion Chief may consider verbal emergency requests by the
Union President (or designee). A maximum of four (4) Union
Representatives may be allowed time off and each must follow
departmental procedure when applying for time off described in this
Article. When scheduled use of Union Time results in overtime for
another employee, the Union Time Pool will be charged (drawn
down) at time and one -half so that an employee's absence is cost
neutral to the City.
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For a Term Ending September 30, 2018 IAFF W " CITY 90
ARTICLE 5
REPRESENTATION OF THE UNION
The membership of the Union shall be represented by the President of the Union or
by a person or persons designated in writing to the City Manager by the President of
the Union. The identification of representatives shall be made each year prior to
April 1. The President of the Union, or the person or persons designated by said
President shall have full authority to conclude a collective bargaining agreement on
behalf of the Union subject to a majority vote of those bargaining unit members
voting on the question of ratification. The Union representative or representatives
are the official representatives of the Union for the purpose of negotiating with the
City. Such negotiations entered into with persons other than those as defined
herein, regardless of their position of association with the union, shall be deemed
unauthorized, and shall have no weight or authority in committing or in any way
obligating the Union. It shall be the responsibility of the Union to notify the City
Manager in writing of any change in the designation of the President or any certified
representative of the Union.
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For a Term Ending September 30, 2018 IAFF 1D" CITY Cip
ARTICLE 6
REPRESENTATION OF THE CITY
The City shall be represented by the City Manager or a person or persons designated
in writing to the Union by the City Manager. The person designated shall have full
authority to negotiate an agreement on behalf of the City. The City representative or
representatives are the official representatives of the City for the purpose of
negotiating with the Union. Negotiations entered into with persons other than those
as defined herein, regardless of their position or association with the City, shall be
deemed unauthorized and shall have no authority or weight in committing or in any
way obligating the City.
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For a Term Ending September 30, 2018 IAFF Y/" CITY
ARTICLE 7
RULES AND REGULATIONS
Section 1. The Union agrees that its members shall comply with all Fire Rescue
Department rules and regulations, including those relating to conduct and work
performance.
Section 2. The City may adopt, change and modify rules and safety regulations
necessary for the safe, orderly and efficient operation of the Fire Rescue Department
as provided in this Article.
Section 3. A Committee on Rules and Regulations shall be established for the
Fire Rescue Department. This Committee shall be comprised of six (6) members,
three (3) appointed by the City and three (3) will be from the Union Executive
Board. This committee shall be charged with the duty of reviewing the published
and proposed Fire Rescue Rules and Regulations and issuing advisory opinions to
the Fire Chief. This Committee shall meet as needed. Whenever the City changes
work rules or issues new work rules, the Committee will be given at least fourteen
(14) calendar days' prior notice, absent any emergency, before the effective date.
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For a Term Ending September 30, 2018 IAFF_tk CITY 40
ARTICLE 8
HOURS OF WORK
Section 1. All employees covered under this Agreement presently working a 40-
hour workweek shall be scheduled 40 hours per week upon agreement between the
Union and Fire Chief.
Section 2. All shift employees covered under this Agreement shall work a 48-
hour workweek, i.e., one (1) shift on duty and two (2) shifts off duty with a 24 hours
Kelly day off during the 21 day work schedule. The one shift on duty will be from
7:30 am - 7:30 am the following day with the exception of battalion chiefs which
will be from 7am -7am the following day.
Section 3. Employees may, voluntarily, on a temporary basis, be assigned by the
Fire Chief or his designee to a 40 -hour work schedule in order to accomplish special
projects or special assignments.
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For a Term Ending September 30, 2018 IAFF CITY 90
ARTICLE 9
WORKING CONDITIONS
Section 1. Fire Rescue personnel may be needed at any time to fight fires and /or
render emergency medical care. But, to do so effectively, they need to be constantly
prepared. The safety of our citizens depends as much on the fire fighters' ability to
maximize the effectiveness of their equipment, as it does on the fire fighters'
willingness to risk their lives to protect the lives and property of others. They must
be ready to respond immediately to an alarm. Continuous training and equipment
maintenance are required to ensure that the desired optimum response
effectiveness is attained.
Section 2. The Union pledges to support and participate in training, equipment
maintenance, fire prevention programs, emergency medical service programs, and
public education programs which have as their goal the increased efficiency of the
City's fire protection and emergency medical service.
Section 3. The City and the Union agree that employees will not be required to
perform any task not related to their normal job description, other than routine
station maintenance. Routine station maintenance shall be defined as any type of
maintenance that is done on a scheduled basis, such as window cleaning, kitchens,
living facilities, vehicles and safety equipment.
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For a Term Ending September 30, 2018 IAFF 1)W- CITY V
II
ARTICLE 10
UNIFORMS AND SAFETY EQUIPMENT
Section 1. The City shall supply Fire Rescue Department personnel with
uniforms, on an as- needed basis, provided through the warehouse. The issue will
include - uniform shirts, uniform pants /shorts, jumpsuit, ball caps, T- shirts, Last
Resort Belt, shorts, work jackets, job shirts, and patches as needed. Current
placement of patches will apply. One (1) pair of boots or safety shoes and one pair
of dress shoes, on an as- needed basis, will be issued. Department personnel will be
provided with an option to purchase shoes or boots of their choice, providing that
the shoes /boots comply with department safety and uniform guidelines and that a
receipt be provided for reimbursement. The amount to be reimbursed will not
exceed $125.00, the difference borne by the employee.
Uniforms may be acquired on an "as- needed" basis through "quarter- master"
system with the following being the general guidelines for quantities each fiscal
year:
2 ea. uniform shirts (Class A)
1 ea. Class A tie
1 ea. uniform pants (Class A)
1 ea. Jumpsuit
3 ea. Uniform pants /shorts (Class B) (EMS pants)
3 ea. polo shirts
1 ea. ball cap
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Fora Term Ending September 30, 2018 IAFF CITY CP
1 ea. winter jacket
1 ea. pair of approved black boots or safety shoes
1 ea. pair of dress (Class A) shoes
2 ea. shorts
3 ea. T- shirts
2 ea. Long - sleeve tee shirts
1 ea. job shirts
1 ea. Last Resort belt with buckle
Wide- brimmed hat
Specialty patches as required
New employees shall receive the above listed allocation.
Section 2. The City shall provide members of the Technical Rescue and Dive
Teams with any specialized uniform(s) and safety equipment items needed to
perform the functions of those respective teams as agreed to by the department's
Labor /Management Team. These uniform and safety equipment items will be
issued in addition to the normal complement of standard uniform and safety
equipment items listed in Section 1 of this Article.
Section 3. All fire - fighting safety equipment, as determined by Fire Rescue
Department regulations shall be furnished by the City. The title to such equipment
shall remain with the City. If standards of fire - fighting safety equipment change,
upon replacement of existing equipment, the replacement equipment will be
National Fire Protection Association (NFPA) recommended. If the Fire Fighter
needs a replacement of fire - fighting safety equipment, he /she shall submit such
request in writing through the chain of command. The Fire Rescue Department
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For a Term Ending September 30, 2018 IAFF 4►J� CITY
Safety Officer shall make a determination as to the appropriateness of such
replacement. Once it is determined that a replacement is needed, the City shall have
a maximum of four (4) weeks to replace the item, unless extenuating circumstances
exist. The City shall notify the employee of the extenuating circumstances and of the
approximate time the replacement item will arrive.
Section 4. The City shall arrange for the repair or replacement of an employee's
uniform, work clothing, prescription optical aids, watches or dentures which
become damaged or lost, through no fault of the employee, while the employee is
performing firefighting/ rescue duties, responding to emergency operations or
when conducting training functions scheduled by the department. The City shall be
exempt from payment for those amounts that are paid by Workers' Compensation.
The request for repair or replacement for such personal property must be
submitted no later than the end of the second shift following the date of the
occurrence.
Section 5. Personnel may be responsible for expenses incurred in replacing lost,
misplaced or damaged safety gear and clothing due to personal negligence, or
intentional misuse, subject to review and recommendation to the Fire Chief by the
Labor Management Team.
Section 6. All Fire Rescue Department issued uniforms and equipment will be
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For a Term Ending September 30, 2018 IAFF C ITY 97
used exclusively while on duty or at scheduled departmental sanctioned events as
determined by the Fire Chief.
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For a Term Ending September 30, 2018 IAFF__ E TY
v �
ARTICLE 11
PHYSICAL EXAMS & IMMUNIZATION
Section 1
A. The City shall provide a thorough physical examination, for each
permanent member of the Fire Rescue Department. The exam will be
conducted in accordance with the most current edition of N.F.P.A.
1582 as approved by the Labor Management Team. Appointments for
those examinations will be made by the Fire Rescue Department
administration and will correspond with the employee's on -duty time.
B. It is the responsibility of the employee to ensure that the physical
exam, as noted in Section 'A ", and all necessary follow -up testing be
completed in a timely manner, as scheduled. Failure to do so, due to
the importance of certification of fitness for duty, will result in the
employee being placed in an unpaid leave status until such time as the
full exam process is completed. Employees will be given
opportunities to schedule appointments and /or associated medical
tests while on duty.
C. Pursuant to the Florida Worker's Compensation Act, F.S. 440, as
amended from time to time, and the Firefighters Heart and Lung Bill,
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For a Term Ending September 30, 2018 IAFF VI/ CITY 90
F.S. 112.18, as amended from time to time, expenses related to
diagnostic testing for an employee's `fitness for return to duty', and
expenses related to a duty- connected injury or illness will be the
responsibility of the City.
Section 2. The City shall provide for any immunizations or medical treatment as
needed for protection from cuts or exposure to disease suffered in the line of duty.
Section 3. Immunization
A. The City shall provide an immunization schedule during the life of this
Agreement for all members as a means of protection from the
following:
B. Hepatitis - Type B: Members who refuse to be immunized for
Hepatitis Type B and who later contract that disease shall not be
presumed to have contracted the disease while on duty.
C. Hepatitis - Type A: Offered to all members of the department covered
by this agreement as defined in N.F.P.A. 1582.
Members who refuse to be immunized for Hepatitis Type A and who
later contract that disease shall not be presumed to have contracted
the disease while on duty.
D. The City shall offer flu shots for all members as a means of protection
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Fora Term Ending September 30, 2018 IAFF W/ CITY CP
from contracting the flu while working during flu season.
Section 4. It shall be mandatory for the City to notify the employee when
documentation exists that the employee was significantly exposed to a
communicable disease in the line of duty only after such documentation is brought
to the attention of the City. If an employee contracts a communicable disease as
listed in Section 112.181 of the Florida Statutes, as amended from time to time, then
it shall be presumed that the employee contracted that disease while on duty, except
as stated in Article 11, Section 3 -B and 3 -C.
Record keeping and notification of known exposures shall be as required by Chapter
112.181 Florida Statutes, as amended from time to time.
Section 5. In the interest of encouraging the concept of preventative medicine
and physical fitness, the city agrees to provide full body scanning to union personnel
as identified herein. In order to control cost, these scans will be offered after five (5)
years of employment with BBFRD, and will be provided every five (5) to ten (10)
years.
This scan is not mandatory.
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For a Term Ending September 30, 2018 IAFF �iITY
ARTICLE 12
GROUP INSURANCE
Section 1.
A. Medical. Dental. and Vision Insurance:
Effective October 1, 2015, the sole medical benefit plan available to employees will
be a High Deductible Health Plan (HDHP). The City shall pay the total HDHP
medical, dental, and vision insurance premiums for all bargaining unit members
while employed by the City. The members will pay the full cost of HDHP medical,
dental, and vision insurance for their dependents. Types of coverage currently in
effect during a plan year shall not be reduced during that plan year.
All policies shall be reviewed annually and modifications to the insurance plans may
be made which benefit both the City and the union. The City will provide a
minimum of thirty (30) days' notice if it intends to exercise its right to re -open this
section for negotiation.
B. HSA Contributions:
The City will contribute an annualized total of $1250.00 into an employee's Health
tY
Savings Account (HSA) on the first full pay check date following ratification by the
Union. This amount will be renegotiated each contract year.
i. In order to be eligible for the HSA deposit above, an employee
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For a Term Ending September 30, 2018 IAFF 0"— CITY ?f3,
must be actively employed on the check date in B.a.
C. Leave Time Conversion to HSA:
The City will provide opportunities to convert an annualized total of up to seven
hundred fifty dollars ($750.00), after pension deduction, of any combination of sick
and vacation time at the 100% conversion rate to help fund their HSA. This
provision will be negotiated each contract year. For Plan Year One, this conversion
can be done at the following times:
i. December 15, 2015 - January 15, 2016 (any amount up to an
annualized total of $750.00)
ii. April 1, 2016 - April 30, 2016 (any amount up to an annualized
total of $750.00).
iii. For purposes of this Article, "annualized" means plan
year /contract year /fiscal year October 1, 2015 through September 30,
2016.
D. New Hires:
Upon hire, members will accrue one hundred dollars ($104.17) per month for the
City to deposit into their HSA through September 2016, while employed. The initial
deposit will be made the first check of the month in which the member becomes
enrolled in the City's group medical insurance. This provision will be negotiated
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For a Term Ending September 30, 2018 IAFF CITY `d"
each contract year.
E. Bargain for More Economical Coverage:
If the Union determines that it can provide more economical coverage than the
City's principal medical insurance, the Union may bargain for a dollar amount per
bargaining unit member to be applied to insurance secured through the Union. If
the Union intends to exercise this option, the Union will provide written notice to
the City Manager no later than February 15, 2016. The City and the Union will meet
within twenty (20) days of receipt of the Union's notice to bargain this section of the
Article.
The City and the Union agree that negotiations regarding this Section must be
concluded by May 20, 2016, with the result being either the Union's acceptance of a
dollar amount in exchange for the Union exiting the City's group medical insurance
plan, or the Union's rejection of a dollar amount and agreement to stay on the City's
selected group medical insurance plan for Plan Year Two.
F. Reopener:
The City and the Union agree to reopen this Article for negotiations beginning in
May 2016.
Section 2. Life Insurance: Members of the bargaining unit shall be covered by the
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For a Term Ending September 30, 2018 IAFF CITY
same $10,000 term life and accidental death policy provided by the City to all
employees. Members of the bargaining unit shall also be provided with an
additional $25,000 term life and accidental death policy with the premium paid by
the City.
Section 3. Fiscal Responsibility: Both the City and the Union understand that the
costs associated with providing additional benefits for employees have significantly
increased over the past several years. It is the intent of the City and the Union to
work together in order to find acceptable ways to reduce the City's expenses
associated with providing additional benefits for employees.
Section 4. The City agrees, that for a full -time firefighter who is killed in the line
of duty as per F.S.S. 112.191 (2)(f), as amended from time to time, or suffers a
catastrophic injury, as defined in F.S.S. 440.02(37), as amended from time to time,
and provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or partially
or totally disabled as provided for in F.S.S. 112.18, as amended from time to time,
the City shall pay the entire premium for the employer's health insurance plan for
the injured employee, the injured employee's spouse, and for each dependent child
of the injured employee until the child reaches the age of majority or until the end of
the calendar year in which the child reaches the age of 26 if the child continues to be
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Fora Term Ending September 30, 2018 IAFF r CITY
dependent for support, or the child is a full -time or part -time student and is
dependent for support. The term "health insurance plan" does not include
supplemental benefits that are not part of the basic group health insurance plan. If
the injured employee subsequently dies, the employer shall continue to pay the
entire health insurance premium for the surviving spouse until remarried, and for
the dependent children under the conditions outlined in this paragraph.
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Fora Term Ending September 30, 2018 IAFF Ok-/ CITY ?f)
ARTICLE 13
LEGAL DEFENSE
Section 1.
The City will provide an employee with a legal defense when an employee is listed
as a defendant in a civil action, provided the employee was acting within the scope
of employment at the time of the act or omission which is the subject of the action
accused. The scope of the City's responsibilities is as set forth in Florida Statutes
111.07 - Defense of civil actions against public officers, employees, or agents. The
City will not provide a defense to an employee acting outside the scope of his /her
employment who is charged with a criminal action.
Section 2. The City shall not assign any voluntary off-duty services from
g Y Y Y m o
bargaining unit employees where such service(s) will involve any direct duty
related work such as firefighting or emergency medical services. This Article does
not prohibit employees from volunteering their off -duty time to participate in
authorized events which have, as their ultimate goal, activities such as public
education or public relations for the Fire Rescue Department, provided however
that such volunteer service does not waive an employee's coverage under the
provisions of Section 1 of this Article.
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For a Term Ending September 30, 2018 IAFF CITY
ARTICLE 14
WAGES
Section 1. Effective October 1, 2015, the following charts contain the current pay scales that are
effective for shift and non -shift members of the Bargaining Unit.
SHIFT EMPLOYEES
Pay Hours Hourly Annual Hourly Annual Hourly Annual
Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum
Firefighter 14P 48 $18.3646 $45,838.09
Prob
Firefighter 1 14 48 $19.2829 $48,130.00 $20.7473 $51,785.24 $22.3229 $55,718.08
Firefighter 2 15 48 $23.4391 $58,503.97 $26.3171 $65,687.59 $29.1952 $72,871.21
Firefighter 3 18 48 $24.6113 $61,429.76 $27.6333 $68,972.63 $30.6553 $76,515.51
Lieutenant 23 48 $29.4065 $73,398.73 $33.0173 $82,411.23 $36.6281 $91,423.74
Captain 26 48 $33.2221 $82,922.45 $35.7452 $89,220.01 $38.4599 $95,995.85
Battalion Chief 28 48 $36.6281 $91,423.74 $38.4599 $95,995.85 $40.3833 $100,796.61
Paramedic /Specialty Team Pay
Paramedic $3.75 Over Hourly Base Rate ($9,360.00 annual rate)
Technical Rescue $0.75 Over Hourly Base Rate ($1,872.00 annual rate)
NON -SHIFT EMPLOYEES
Pay Hours Hourly Annual Hourly Annual Hourly Annual
Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum
Firefighter 14P 40 $22.0375 $45,838.09
Prob
Firefighter 1 14 40 $23.1394 $48,130.00 $24.8967 $51,785.24 $26.7875 $55,718.08
Firefighter 2 15 40 $28.1269 $58,503.97 $31.5806 $65,687.59 $35.0342 $72,871.21
Firefighter 3 18 40 $29.5335 $61,429.76 $33.1599 $68,972.63 $36.7863 $76,515.51
Lieutenant 23 40 $35.2878 $73,398.73 $39.6208 $82,411.23 $43.9537 $91,423.74
Captain 26 40 $39.8666 $82,922.45 $42.8942 $89,220.01 $46.1518 $95,995.85
Battalion Chief 28 40 $43.9537 $91,423.74 $46.1518 $95,995.85 $48.4599 $100,796.61
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For a Term Ending September 30, 2018 IAFF Qi CITY 9
Certification Incentive Pay
Paramedic $4.50 Over Hourly Base Rate ($9,360.00 annual rate)
Technical Rescue $0.90 Over Hourly Base Rate ($1,872.00 annual rate)
Section 2.
A. Effective October 1, 2015, October 1, 2016 and October 1, 2017, each member of
the bargaining unit shall receive a wage adjustment consistent with the increase
in pay ranges identified in Section 1.
B. Employees who reach the maximum salary cap shall receive a lump sum payment
equal to the amount they would receive based on the criteria included herein.
Lump sum payments in accordance with this section shall be considered a salary
disbursement included in W -2 holdings for the purpose of pension calculations.
C. The table in Addendum "B" will be used as an administrative guide to wage
adjustments and /or promotions through the ranks.
Section 3. Any changes in the performance appraisal instrument will be made by the
Labor Management Team.
Section 4. This Article will be reopened for negotiations of a possible COLA for contract
years 2016 -2017 and 2017 -2018.
Section 5. No cost of living increases /base wage increases or step increases, except
those resulting from a promotion or assignment, shall be paid beyond September 30, 2018
26
For a Term Ending September 30, 2018 IAFF U CITY ao
unless specifically negotiated in a successor Collective Bargaining Agreement or
Memorandum of Understanding.
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Fora Term Ending September 30, 2018 IAFF (V/ CITY
ARTICLE 15
OVERTIME AND CALL BACK
Section 1. Call Back: Call back is defined as any time an employee is called into work
when the employee is off duty, or when the work time is not contiguous with the employee's
assigned shift. In the event of call back, the employee shall be paid for the actual time
worked but not less than two (2) hours at a rate of pay one and one -half (1 1/2) times the
employee's hourly rate inclusive of Certification Incentive Pay. The procedure for "Call -
Back" will be in accordance with Labor /Management Team guidelines. The Chief can waive
the above provisions for operational purposes.
Section 2. Overtime: Overtime is defined as any time an employee is required to stay
longer than his /her assigned 24 -hour shift by his /her supervisor. Overtime shall be paid at
the rate of one and one -half (1 1/2) times the employee's hourly rate inclusive of
Certification Incentive Pay. Employees who are in a duty status less than ten (10) minutes
either before their shift or after their shift will not be eligible for overtime pay. Employees
who are in duty status for ten (10) minutes or more either before their shift or after their
shift must be so only with their supervisor's approval in order to be eligible for overtime
pay at the overtime rate.
Section 3. Efforts are made to offer classes for renewing certificates on shift schedules.
When these classes are offered on a shift schedule, and an employee elects to attend classes
28
Fora Term Ending September 30, 2018 IAFF CITY 9
outside of their shift schedules (s)he will not be compensated. Additionally, employees
attending classes not required by the Chief or his /her designee, will not be compensated.
Section 4. No employee covered by this collective bargaining agreement shall be eligible
for overtime or call back following the use of more than twelve (12) hours sick leave for
shift personnel or five (5) hours sick leave for staff personnel until they have returned to
work for at least one full regular scheduled work day: (twenty -four [24] hours for shift
personnel or ten [10] hours for staff personnel).
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For a Term Ending September 30, 2018 IAFF ,,?, CITY 90
ARTICLE 16
EXCHANGE TIME
Section 1.
A. Employees covered by this Agreement may exchange their working
shift or shifts and exchange their off -duty day or days with other
employees. The shift officers of the employees who are exchanging
time, shall not permit the exchange if it affects the normal operation of
work, if call back is required, or if step -up pay is required. Exchange
time shall require at least twenty -four (24) hours' notice to the Shift
Commander except in the event of an emergency to the employee
when the exchange of that employee does not affect the normal
operation of that shift(s).
B. Shift exchanges submitted prior to eight weeks (56 days) in advance
will be tentatively approved. Upon 56 days in advance of the
scheduled shift exchange, the exchange will automatically receive final
approval unless the employee has been notified of a necessary
cancellation. Any cancellation of a shift exchange will be in writing
and received by the affected employee prior to the 56 -day time frame.
C. No employee may monetarily compensate another employee to
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For a Term Ending September 30, 2018 IAFF CITY CO
exchange a shift.
Section 2. For the purposes of this article, the ranks of Firefighter 1, Firefighter 2
and Firefighter 3 shall be referred to as "Firefighters" and Lieutenants,
Captains and Battalion Chiefs shall be referred to as "Officers." Firefighters may
only exchange time with other firefighters, the only exception being that Firefighter
3's may also exchange time with Lieutenants. Officers can exchange time with each
other, as identified in departmental Standard Operating Guidelines.
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For a Term Ending September 30, 2018 IAFF CITY (�
V
ARTICLE 17
SICK LEAVE
Section 1. Any employee incurring a non -duty sickness or disability shall receive
sick leave with full pay provided the employee has accumulated hours. Employees
covered under this Agreement shall be allowed twelve hours of sick leave per each
month of service from their first day of employment, and shall continue to do so as
long as they are employed. Unlimited accumulation of sick leave is authorized.
Employees who have more than two hundred forty (240) hours of sick leave as of
April 1 of the current year, may request to transfer, no later than April 1St, up to one
hundred (100) sick leave hours to vacation leave hours provided that accumulated
sick hours shall not drop below 240 hours as a result of the transfer. Transfer of this
time will be credited to the employee's vacation bank during the month of April.
Section 2. Upon termination or retirement, unused sick leave shall be
compensated at the rate of one -half (1/2) the total number of hours accumulated.
Section 3. For every consecutive six -month period elapsing since the employee's
last sick occurrence, shift employees shall receive 24 hours vacation time and 40-
hour employees shall receive 16 hours vacation time.
Section 4. Employees covered under this Agreement will be required to provide
a doctor's certificate which will include the date the employee was examined, the
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For a Term Ending September 30, 2018 IAFF Vv CITY
date he /she is medically cleared to return to work and under what restrictions the
employee may return to regular and /or light duty if they are absent and take sick
leave for more than forty -eight (48) consecutive work hours for shift employees and
for more than forty (40) consecutive work hours for non -shift employees.
Section 5. Sharing Sick Leave
A. It shall be the policy of the City to permit an employee the opportunity
of donating accrued sick leave time to a designated employee
whenever extraordinary circumstances require the designated
employee to be absent from work for a lengthy period of time, and
when the employee has exhausted all accrued sick /vacation time.
B. Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness, or injury.
C. When there appears to be a need to share sick leave in accordance
with this Section, the Union Steward will prepare a list of bargaining
unit members who are willing to contribute sick leave hours,
confirmed through the Finance Department that the hours are
available and submit the list to the Human Resources Office for proper
charge to sick leave records. Time used will be used in the order
listed on the appropriate form supplied by the Union Steward.
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For a Term Ending September 30, 2018 IAFF UITY
D. Any donated sick time will not reflect as sick time taken by the
employee; therefore, donated sick leave will not be counted against an
employee's sick leave record.
l in sick, return work during 6. Employees who cal n s ck, may et to d g the remainder
Y
of their shift if they feel capable of performing their work duties. An employee who
returns to work after calling in sick, must use a minimum increment of 12 hours of
sick leave before they may return to work.
Employees who leave work during shift due to illness must remain out for the
remainder of the shift.
Section 7. Light Duty. Employees may return to work with a Light Duty
Certificate and /or a letter completed as set forth in Section 4 of this Article from
their physician, provided there is work available within the Department, and that
work would comply with the doctor's requirements. Availability of light duty
assignments will be determined by the Fire Chief.
Section 8. Permanent employees that have exhausted their accumulated sick
leave and are still unable to return to work may draw against their annual leave
account (vacation time). Such request must be made to the Fire Chief by the
employee, who in turn must notify the Human Resources Director on the
appropriate form.
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Fora Term Ending September 30, 2018 IAFF
Section 9.
A. No more than five (5) working days, or forty (40) hours, whichever is
greater, in any calendar year, may be taken for forty (40) hour
employees, and two (2) shift days for shift employees, as sick leave
because of illness within the immediate family. For the purpose of this
Section, the "immediate family" shall consist of the employee's spouse,
registered domestic partner, parents, children, or any family member
residing with the employee for which the employee is the primary
care giver.
B. In the case of a prolonged, serious illness of the employee or an
eligible family member, an employee should apply for FMLA as
provided for in City policies. Employees requesting this family sick
provision for other than the immediate family shall provide
Administration with verifiable proof of primary care giver status prior
to the use of this provision.
35
For a Term Ending September 30, 2018 IAFFV.,IK/ CITY car)
ARTICLE 18
COMPASSIONATE LEAVE
Section 1. In the event of the death of a family member of an employee, the
employee shall be granted one (1) shift day leave on a day of the employee's
choosing within two (2) weeks of the death. The employee shall be granted two (2)
consecutive shift days leave on the days of the employee's choosing within two
weeks of the death, if out of state travel for interment is required. "Family member"
is defined as the employee's spouse, registered domestic partner, mother, father,
stepfather, stepmother, foster parents, foster child, stepchild, mother -in -law, father -
in -law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, grandparents,
spouse's grandparents, grandchildren, brother, sister, son or daughter. Verification
of the death must be supplied to the City Human Resources Office.
Section 2. Employees benefiting from this article are responsible for providing a
verifiable written notice of death (i.e. obituary or copy of death certificate), to the
fire department payroll clerk, within 30 business days of the last date of
compassionate leave. Failure to do so will result in the rescission of previously paid
leave, providing due process is followed with regard to disciplinary action.
I I
36
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For a Term Ending September 30, 2018 IAFF�, CIT
ARTICLE 19
VACATION
Section 1. The following plan outlines the vacation leave policy for both the 40-
hour employees and the Fire Rescue Department shift (48 -hour) employees.
Vacations will be picked on a seniority basis and can be taken in increments of 12 or
24 hours, one shift at a time.
Section 2. Each employee shall earn vacation leave, accumulated in hours, for
each full year of continuous service as outlined below. Employees on initial one -
year probation are not eligible to take vacation for the first six months. Vacation
will be accrued in accordance with the following schedule:
Vacation Accrual Policy (40 -hour work -week)
Years of Service Vacation Days Vacation Hours
DOE until First Anniversary 12 96
Beginning of 2nd year until Fourth Anniversary 15 120
Beginning of 5th year until Eighth Anniversary 18 144
Beginning of 9th year until Eleventh Anniversary 20 160
Beginning of 12th year until Fifteenth Anniversary 22 176
Beginning of 16th year until Twentieth Anniversary 24 192
Beginning of 21St year and thereafter 25 200
Vacation Accrual Policy (48 -hour work -week)
Years of Service Vacation Days Vacation Hours
DOE until First Anniversary 5 120
Beginning of 2nd year until Fourth Anniversary 6 144
Beginning of 5th year until Eighth Anniversary 7 168
Beginning of 9th year until Eleventh Anniversary 8 192
Beginning of 12th year until Fifteenth Anniversary 9 216
Beginning of 16th year and after 10 240
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For a Term Ending September 30, 2018 IAFFJ'" CITY
In computing vacation leave earned, no increments will accrue for any pay week
that includes three or more days of leave of absence without pay. For uniformed
members of the Fire Rescue Department no increments will accrue for any 21 day
work schedule that includes four or more days of leave of absence without pay.
Employees may accrue vacation leave to a maximum of the leave earned in the most
recent two employment years, and, in addition, will include hours earned as
referenced in Article 17, Sick Leave, Section 3.
Section 3. For special "one time" kind of events, employees will be allowed to
accumulate more than two years earned accrued vacation with the prior approval of
the Chief. Such approval must be received at a time prior to the two (2) year
maximum accrual that is equal to the extra accrual that is requested. Maximum
accrual will be limited to three (3) years earned vacation. Example: An employee
may accrue 12 shift days in two years. The employee requests two additional days
beyond the maximum. The employee must submit his /her request for the two
additional days four months prior to his /her 12 -shift day maximum for approval to
extend the 12 days to 14.
Section 4. Personnel requesting vacation time on the same day will not be
approved if the issuing of the vacation time results in call back.
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For a Term Ending September 30, 2018 IAFF'XVCITY 0
ARTICLE 20
PERSONAL TIME
Section 1. Any employee covered by this Agreement shall be able to use his /her
vacation time, or compensatory time at a minimum of two (2) hours and at a
maximum of twelve (12) hours, providing that hours are not fractionalized for
personal reasons while on duty.
Section 2. This privilege shall be available only when such use will not be
detrimental to the efficient /normal operation of the Fire Rescue Department as
determined by the Chief or his /her designee.
Section 3. Efficient /normal operating levels shall be determined by minimum
staffing as determined by the Fire Chief.
Section 4. Seniority will not be a factor in granting personal time. No grievance
procedures will be available to any employee regarding this Section.
39
For a Term Ending September 30, 2018 IAFF v4 CITY
ARTICLE 21
HOLIDAYS
Section 1. The following days shall be considered holidays: New Year's Day,
Martin Luther King Jr. Day, Washington's Birthday, Memorial Day, Independence
Day, Labor Day, Veteran's Day, Thanksgiving Day and the Friday that follows
Thanksgiving, Christmas Day and Christmas Eve. Any additional holidays declared
by the City shall be added to the above list. Any employee covered by this
Agreement, in pay status, at the time the holiday occurs, if assigned to a 24 -hour
shift, shall receive 12 -hours pay for each holiday. Forty (40)hour employees,
including those who are on a light duty assignment, will follow the same holiday
schedule as all non -shift employees.
Section 2. If an employee covered by this Agreement wishes, the employee may
receive the above (Section 1) holiday pay, (with the exception of Labor Day which
will be paid as a regular holiday), at straight time in one lump sum on the last pay
period in August of each year. The individual employee will sign and have in the
Finance Department, the first week of the current contract, a form as follows:
40
Fora Term Ending September 30, 2018 IAFF ‘ CITY
ANNUAL DEFERRED HOLIDAY PAY REQUEST
CONTRACT YEAR
I DO WANT MY HOLIDAY PAY DEFERRED
SIGNATURE
NOTE: Those who do want their holiday pay deferred, hereby authorize the City to
withhold their 10 paid holidays, (Labor Day the exception), until the last pay period
in August , with all proper withholdings taken out. They also understand that at no
time during this period under any circumstances, except if no longer covered under
the bargaining unit, will they be eligible to receive any deferred monies until the last
pay period in August.
I DO NOT WANT MY HOLIDAY PAY DEFERRED
SIGNATURE
PRINT NAME
DATE
DEADLINE: September 30
Newly hired employees to the Fire Rescue Department shall have one week from
li pay option. The holiday pay will be
date of employment to si n up for the holiday p y p y p y
g P
based on the number of holidays remaining in the contract year.
41
For a Term Ending September 30, 2018 IAFF CITY
ARTICLE 22
COURT TIME
Section 1. Any employee covered by this Agreement who is summoned or
subpoenaed to appear in a court of law, while off duty, as a result of his /her
employment as a member of the Fire Rescue Department, will be paid for his /her
court time at the rate of one and one -half (1 1/2) times his /her current hourly rate,
excluding travel time, provided the Fire Chief is given prior notification so that the
Chief has the opportunity to schedule such appearance during regular duty hours.
The employee will receive a minimum of three (3) hours pay, and the employee
shall return all fees received from the Court to the City. This Section does not apply
when the employee is required to appear on a day that they are on duty.
Section 2. Any employee covered by this Agreement who is required by a court
of law to appear for jury duty during a day when they are on duty, shall return all
fees received from the court to the City, excluding travel expenses. The employee
shall notify the Fire Chief upon receipt of a summons for jury duty.
Section 3. An employee who has been instructed to remain on standby for court
appearance purposes during the employee's off -duty hours shall be paid one -half
the straight time hourly rate for each hour on standby up to a maximum of eight (8)
hours of standby duty in any one day. A minimum payment of one (1) hour straight
42
For a Term Ending September 30, 2018 IAFF jeCITY
time shall be paid for all standby assignments. When an_employee is required to
standby for eight (8) hours, the employee shall receive four (4) hours plus one (1)
additional hour at straight time. If an employee does go to court he will be paid for
the court time indicated in Section 1 and not receive any standby time pay.
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For a Term Ending September 30, 2018 IAFF kJi" CITY 90
ARTICLE 23
WORKING OUT OF CLASSIFICATION
Section 1. Any employee covered by this Agreement, who is assigned the duties
and /or responsibilities of a range above his /her current classification in the absence
of their direct supervisor, shall be compensated for holding that higher position at a
rate of pay equivalent to five percent (5 %) for each rank worked out of class, except
when assigned as a Lieutenant in which case the FF3 shall be compensated for
holding that higher position at a rate of pay equivalent to eight percent (8 %). When
assigned, the employee shall accept the duties and responsibilities of the position.
The internal ranking of Fire Fighter 1, 2, and 3 shall be considered as one
classification (Fire Fighter) only for purposes of this Article. In the absence of the
Captain's position assigned each day at Station 5, one Lieutenant will be assigned to
step up for the shift at Station 5. This Captain's position is not unit dependent and
may be assigned to the Engine, Rescue, or Special Ops Unit (if a member of the
Special Ops Teams). For the Captain's positions at Stations 1 ,2, 3 and 4, step up
assignments shall be utilized when the Captain is absent for extended periods (2 or
more consecutive shifts) and will be paid to one Lieutenant who assumes the role
and responsibilities of the Captain for two (2) or more consecutive shifts during the
absence.
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For a Term Ending September 30, 2018 IAFF )/ GJ
Section 2. Higher classification assignment shall, with the Chiefs discretion as to
ability, be made on a rotating basis in order to afford all employees an equal
opportunity to gain experience in the next higher position. The Chief, or designee
shall make official notification to the acting party. This notification shall be logged
as part of daily permanent records.
Section 3. Assignments will not be changed so as to intentionally avoid payment.
45
For a Term Ending September 30, 2018 IAFF S k /CITY c3
ARTICLE 24
EDUCATION
Section 1. All employees covered by this Agreement shall be permitted to attend
schools or classes while on duty, using personal time as defined in Article 20, for the
purpose of obtaining the education required for advancement or the updating of
skills and knowledge, provided that such leave will not reduce the manpower of any
shift below acceptable limits or result in overtime, as determined by the Shift
Commander. Such leave will be on a rotating basis.
Section 2. The City shall pay, upon completion of classes, in accordance with the
Boynton Beach Fire Rescue Department Tuition Refund Program, attached as
Addendum "C ". The provisions of this article and addendum that relate to
reimbursement for General Education Core Courses and Degree Program Core
Courses other than those specified in the Career Ladder (Addendum "D ") have been
suspended since 10/01/2011.
Section 3. The City shall provide an opportunity for sending members of the Fire
Rescue Department covered by this Agreement, not to exceed funds established in
the City budget, to approved out -of -town training classes. A list of classes shall be
posted so each employee will have the opportunity to request the class or classes of
his /her choice. Those attending shall be entitled to travel pay in accordance with
46
For a Term Ending September 30, 2018 IAFFVk CITY cx
City policy.
Section 4. Employees will be allowed to use on -duty time, without loss of
vacation time, for classes necessary to remain certified in their current
classification, or for classes required by the City.
47
For a Term Ending September 30, 2018 IAFF VCITY cdo
ARTICLE 25
EDUCATIONAL SUPPLEMENTAL COMPENSATION
Section 1. Fire Rescue Department Employees covered by this Agreement will be
eligible for a monthly education incentive payment not to exceed the supplemental
compensation limits set forth in applicable Florida Statute, FSS 633.382, as amended
from time to time, and the corresponding regulations in the Florida Administrative
Code.
Section 2. The City will match the incentive payment as provided in Section 1.
Section 3. In the event that the incentive payment, as referenced in Section 1, is
discontinued or adjusted for any reason, the City's contribution will not change and
will remain consistent with the amount provided on 10/01/2013, throughout the
term of this contract.
48
For a Term Ending September 30, 2018 IAFF JZCITY
ARTICLE 26
PARAMEDIC /SPECIALTY TEAM ASSIGNMENT PAY
Section 1.
A. Employees holding a valid and current Paramedic certificate in
accordance with the Florida Statutes and who perform active
Paramedic duties as assigned by the Fire Chief and Medical Director
will receive $9360.00 per year. This amount will equate to an hourly
rate of $3.75 per hour ($4.50 per hour for 40 -hour employees), over
and above the base rate of pay, which will not be included in the
employee's maximum. This assignment pay shall be considered a
salary disbursement included in W -2 holdings for the purpose of
pension calculations.
B. An employee holding a valid and current Paramedic certificate in
accordance with Florida Statutes who could perform the duties as
assigned by the Fire Chief and the Medical Director, but who is
inactivated, either by choice or administrative direction, as an active
Paramedic and is not on assignment as a Paramedic by the Fire Chief,
will no longer receive the annual Paramedic incentive pay as noted in
Section 1 (A).
49
For a Term Ending September 30, 2018 IAFF CITY
Section 2.
A. Employees selected to serve on the Special Operations (SPOPS) Team,
inclusive of the Dive Rescue Team members, in accordance with
criteria set forth by the Department and who perform SPOPS and Dive
Rescue duties as assigned by the Fire Chief will receive $1,872.00 per
year. This amount equates to an hourly rate of $0.75 per hour $0.90
per hour for 40 -hour employees) over and above the base rate of pay,
which will_not be included in the employees maximum. This
assignment pay shall be considered a salary disbursement included in
W -2 holdings for the purpose of pension calculations.
B. Employees who receive an unsatisfactory evaluation will be removed
from the SPOPS and /or Dive Rescue Team until their evaluation is
satisfactory or above.
C. An employee who is serving as an active member of the SPOPS and
Dive Rescue Team, but who is inactivated, either by choice or
administrative direction, as an active member of the SPOPS Team and
is not on assignment as a team member will no longer receive the
incentive as noted in Section 2A.
50
Fora Term Ending September 30, 2018 IAFFV" CITY CaQ
ARTICLE 27
LICENSES & REGISTRATION FEES
The City shall pay the fee for any license required by the State or City, such as EMT
renewals or certificates. In the event of any changes required by law regarding
driver's license requirements for firefighters, the City shall pay the initial fee only
for such license changes. All subsequent renewal of such license fee shall be the
responsibility of the employee.
51
For a Term Ending September 30, 2018 IAFF \\J CITY
ARTICLE 28
SENIORITY LIST
Section 1. The Fire Rescue Department shall establish a seniority list and it shall
be updated on January 1st of each year. Such list shall be posted thereafter on the
bulletin board at each Fire Station, and shall be considered correct unless objection
is raised within thirty days of the posting. After thirty days, it shall stand approved,
unless documented evidence is presented to justify changes or adjustments.
Section 2. Employee's seniority is established from the date of employment by
the City of Boynton Beach Fire Rescue Department. If two (2) or more members are
employed on the same date, the seniority standing shall be determined by the
employee's Fire Rescue Department ID number. The lower the ID number, the
higher the position on
the seniority list.
Section 3. Layoffs and staffing cutbacks for collective bargaining agreement
members shall be determined by the seniority list. The collective bargaining
agreement member with the highest fire department employee number on the
seniority list will be laid off first and so on up the list. In the event of layoffs and /or
cutbacks, the City agrees to notify the union president in writing, no later than two
(2) weeks prior to said action. Employees who are laid -off shall have recall rights
52
For a Term Ending September 30, 2018 IAFF1k CITY 90
for a period of twelve (12) months and shall be recalled in the reverse order in
which they are laid -off, i.e., last laid -off will be first recalled. No new employees will
be hired into any classification covered by this collective bargaining agreement
while a laid -off employee has recall rights.
53
For a Term Ending September 30, 2018 IAFFV/ CITY rn
�v
ARTICLE 29
VACANCIES AND PROMOTIONS
Section 1. Budgeted promotional vacancies occurring in any position within the
certified bargaining unit will be filled in the following manner:
1. Posting of the vacancy;
2. Acceptance of applications;
3. Scheduling of promotional examination;
4. Establishment of an eligibility list;
5. Interview and Selection.
Any such vacancy approved to be filled by the City Manager, shall be offered within
thirty (30) days of the establishment of the appropriate eligibility list.
Section 2. Minimum requirements for promotional opportunities and the
promotional process are as outlined in the "Career Ladder" (Addendum "D "). Any
changes to this Career Ladder will be made by the Labor Management Team.
54
For a Term Ending September 30, 2018 IAFF V-V CITY
ARTICLE 30
BULLETIN BOARDS
The City shall furnish at each fire station space for bulletin boards for the purpose of
Union notices. Any notice or item placed on the bulletin board shall bear on its face
the legible designation of the person responsible for placing such notice or item on
the board. A 3' x 4' space is hereby approved. The Union is to supply the bulletin
boards. The Union holds the City harmless for any content posted on its bulletin
board.
55
For a Term Ending September 30, 2018 IAFF CITY
ARTICLE 31
NOTIFICATION AND DISTRIBUTION
Section 1. The Union's Business Agent shall receive notification of the agendas
and minutes of all regular and special meetings of the City Commission.
Section 2. The Union will be provided with a copy of departmental Rules and
Regulations and Standard Operating Guidelines and will be provided with updates
as they become available.
56
For a Term Ending September 30, 2018 IAFF‘ CITY 9
ARTICLE 32
GRIEVANCE PROCEDURE
Section 1. Grievances or disputes that may arise, including the interpretation of
this Agreement, shall be settled in the following manner:
A. "Business days" are defined as Monday through Friday, 8:00 A.M. -
5:00 P.M., excluding City holidays.
Step 1. The aggrieved employee shall within ten (10) business days of the
occurrence which gave rise to the grievance, submit a letter and signed petition to
the Union Grievance Committee, which is made up of the Union Executive Board.
The Union Grievance Committee shall determine if a grievance exists. If in its
opinion no grievance exists, no further action is necessary.
Step 2. If a grievance does exist, the Committee shall within twenty (20) business
days of the event giving rise to the grievance, with the physical presence of the
aggrieved employee, present the grievance to the Chief or his designee for
adjustment.
Step 3. If the grievance has not been settled within ten (10) business days from the
date of submission to the Chief or his designee, the grievance may then be submitted
to the City Manager for adjustment. The City Manager, prior to making a decision on
the grievance, may conduct a predetermination conference and require the grievant
57
For a Term Ending September 30, 2018 IAFFVfrCITY CaO
to submit to an inquiry regarding the substance of the grievance. The City Manager
may be assisted by the City Attorney. The grievant may be assisted by a union
representative or counsel of his /her choice. The inquiry by the City Manager may be
tape- recorded. In the case of grievances involving disciplinary action, all matters in
defense or in mitigation of the proposed disciplinary action shall be raised by the
grievant.
Step 4. If the grievance has not been settled by the City Manager within ten (10)
business days from the date of the predetermination conference, the grievance may
then be submitted to arbitration.
Step 5. If the grievance has not been satisfactorily resolved within the above
procedure, the Union may request a review by an impartial arbitrator, provided
such request is filed in writing with the City Manager no later than ten (10) business
days after the City Manager's response is due in Step 4. The parties will attempt to
mutually agree upon an arbitrator. If this cannot be done within fifteen (15)
business days, an arbitrator from a list provided by the Federal Mediation and
Conciliation Service shall be used. The parties agree to accept the Arbitrator's
award as final and binding upon them, subject to the following: The arbitrator shall
have jurisdiction and authority to decide a grievance as defined in this Agreement.
The arbitrator shall have no authority to add to, subtract from, modify or alter this
58
For a Term Ending September 30, 2018 IAFF CITY 90
(
Agreement or any part thereof or any amendment thereto. It is contemplated that
the City and the Union shall mutually agree in writing as to the statement of the
matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall
confine his /her decision to the particular matter thus specified. In the event of the
failure of the parties to so agree on a statement of the issue to be submitted, the
arbitrator will confine his /her consideration to the written statement of the
grievance presented in Step 3 of the Grievance Procedure. Each party shall bear the
expense of its witnesses and of its own representatives. The parties shall bear
equally the expense of the arbitrator. The cost of the arbitrator's copy of the
transcript will be shared equally by the City and the Union. Copies of the
arbitrator's award shall be furnished to both parties within thirty (30) days of the
hearing.
Section 2. The Union reserves the right to represent or not represent employees
who are not members of the Union, as provided by law.
Section 3. This article is intended to provide for "rights" arbitration, i.e.,
resolution of disputes which impact upon or affect wages, hours and terms and
conditions of employment. This article is not intended to provide for "interest"
arbitration.
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ARTICLE 33
PREVAILING RIGHTS
All job rights and benefits heretofore authorized or permitted by the City Manager
or Fire Chief and continuously enjoyed by employees covered by this Agreement
and not specifically provided for or abridged by this Agreement shall continue in full
force and effect for the term of this Agreement. Except as specifically provided in
this Agreement, this Agreement should not be construed to deprive any employee of
benefits or protection granted by the Laws of the State of Florida or Ordinances and
Resolutions of the City of Boynton Beach in effect at the time of the execution of this
Agreement. Provided, however, nothing in this Agreement shall obligate the City to
continue practices or methods which are unlawful or unsafe.
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ARTICLE 34
SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision, should be
rendered or declared invalid by any court action or by reason of any existing or
subsequently enacted legislation, the remaining provisions of this Agreement shall
remain in full force and effect.
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ARTICLE 35
APPENDICES, AMENDMENTS AND ADDITIONS
All appendices, amendments and additions to this Agreement shall be numbered or
lettered, dated and signed by the responsible parties, and shall be subject to all
other provisions of this Agreement.
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ARTICLE 36
SUCCESSORS
This Agreement shall be binding upon the successors and assigns of the Parties
hereto, and no provisions, terms, or obligations herein contained shall be affected,
modified, altered or changed in any respect whatsoever by any change of any kind in
the ownership or management of either Party hereto.
I I
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�v
ARTICLE 37
COMPENSATORY TIME
Section 1. Employees who participate in required educational and /or required training
activities as approved by the Fire Chief or designee who are unable to attend those classes "on
PP Y g
shift" due to scheduling difficulties, and take those classes and /or training on their off duty time,
shall be eligible to receive compensatory time. Additional compensatory time can be granted for
persons approved for special projects and events as directed by the Fire Chief or designee. All
compensatory time will be earned at the rate of time and one half, with a cap of one hundred
twenty (120) hours. When an employee earns compensatory time his /her account will be credited
with the appropriate time in 1 /4 hour increments. If an employee's compensatory time bank
balance falls between ninety six (96) and one hundred twenty (120) hours, that employee will no
longer be eligible to earn compensatory time (they will only be eligible to earn overtime pay) until
the balance falls below ninety six (96) hours.
Section 2. All compensatory time earned through July 1st must be used by September 30th or
P Y g 1 Y Y p
the employee will be paid any remaining balance of his /her unused compensatory time in the first
full two (2) week paycheck in October.
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Fora Term Ending September 30, 2018 IAFFCITY 'F"� 9
ARTICLE 38
MANAGEMENT RIGHTS
Section 1. The Union and the bargaining unit employees recognize and agree that the City has
the exclusive right to manage and direct the various departments of the City. Accordingly, the
powers and authority which the City has not specifically abridged, delegated, or modified by the
express provisions of this Agreement are retained by the City.
Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to
determine the mission of the City and its various departments, divisions and other units of
organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and
method of service; to hire and /or otherwise determine the criteria and standards of selection for
employment; and to fire, demote, suspend, or otherwise discipline for just cause. Any right or
privilege of the City not specifically relinquished by the City in this Agreement shall remain with
the City.
Section 2. The City Manager and City Commission, in accordance with the City Charter have
the authority to determine the purpose and mission of the City and the amount of budget to be
adopted.
Section 3. If, at the discretion of the City Manager, it is determined that civil emergency
conditions exist, i.e., riot, civil disorder or natural disaster, the provisions of this Agreement may
be suspended for good cause by the City Manager during the time of such emergency, provided
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For a Term Ending September 30, 2018 IAFW CITY
that the Union is notified as soon as is practical and further provided that wage rates and
monetary fringe benefits shall not be suspended.
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ARTICLE 39
SUPPLEMENTAL RETIREMENT INSURANCE
Section 1. Establishment of the Boynton Beach Firefighters Retirement Insurance Fund
Local 1891 shall establish its own retiree insurance benefit fund (hereinafter referred to as "the
Fund ") to provide full or partial health and welfare insurance premiums on behalf of employees of
Boynton Beach Fire Rescue (The Department) who retire on or after October 1, 2005, and meet
certain other established eligibility requirements. Any and all eligibility requirements and
benefits provided will be determined solely by the board of Trustees of the Boynton Beach
Firefighters Retirement Insurance Fund. All employees covered by this agreement shall be eligible
to participate in the Fund as are non - covered members who participate in the Firefighter's
Pension Plan.
Section 2. City Contribution of Funds 2010. Effective October 1, 2010, the City will increase on
behalf of each employee, a contribution equal to one -half (0.5 %) percent of the current gross
annual payroll of active department members (for an accumulative total of 3.0% per year). The
base pay rate is set forth in the Collective Bargaining Agreement between Local 1891 and the City
of Boynton Beach and in the Boynton Beach Pay Plan at the time the contribution is made.
Section 3. In subsequent years, throughout the term of this contract, the City will contribute an
amount derived from the cumulative amount not paid to employees from the inception of the
Fund on October 1, 2005.
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Section 4. Annual Payment of Funds
In subsequent years, the annual contribution, an amount derived from the cumulative amount not
paid to employee's shall be remitted to the Fund by October 15, and every October 15th thereafter,
provided that the department has received a written invoice for said benefits. Failure to submit a
written invoice shall not bar the Union from receipt of said funds, but shall allow the City thirty
(30) days to provide the funds, which shall be retroactive. The City shall pay the annual
contribution on behalf of each employee in pay status on October 1 2013, and every October 1,
thereafter. Accompanying the contribution, the City shall provide a list of all department
members for whom payment was made.
Section 5. Termination of Fund
Contribution to the Fund, as provided in this Article, was negotiated and agreed to by the Parties
in lieu of a wage increase, and is intended to survive as long as Local 1891 is certified as the
Bargaining Representative of employees employed by the Department. In the event of
termination of Fund, the wage increase specified in this article shall be added to each active
employee's then current base annual pay, as such base pay rate is set forth in the Collective
Bargaining Agreement and the City of Boynton Beach Pay Plan at the time of termination of the
Fund.
Section 6. Indemnification
The Union shall indemnify, and hold the City harmless against any claim, demand, suit, or liability,
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and for all legal costs arising in relation to the implementation, or administration, of the Fund,
except to the extent that the City's acts or omissions give rise to its own liability.
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II
ARTICLE 40
COLLATERAL DOCUMENTS
A. The collective bargaining agreement does not exist in a void. Provisions of the Personnel
Policy Manual (PPM), the Administrative Policy Manual (APM), Department Rules and
Regulations, and other policies established by resolution or ordinance (collectively
referred to as collateral documents), may be applicable to bargaining unit members unless
the terms of said collateral documents conflict with the terms of a specified article in this
agreement, in which case the terms of this Agreement shall prevail. Specific applicable
collateral documents will be discussed and approved by the Labor Management Team.
B. The City will provide draft revisions of collateral documents to the union for review to
ensure that said documents are not in conflict with, and do not impact policies relied upon
by the union and absent in this agreement.
C. Nothing herein shall be interpreted to preclude the right of the Union or City to impact
bargain, subject to applicable law.
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ARTICLE 41
PENSION
Upon ratification of this Agreement, the City and the Union conformed to the statutory
requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015 -39 by entering
into a Mutual Consent Agreement. The Mutual Consent Agreement is attached hereto as
"Addendum E."
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ARTICLE 42
DRUG FREE WORKPLACE
Section 1.
A. Drug -Free Workplace. Both the City and the Union recognize that substance abuse
is a widespread problem within our society. The Union will assist Fire Rescue
Department employees in obtaining assistance and treatment, if alcohol and /or
substance abuse are apparent. The Union endorses the Drug Free Workplace Policy
of the City of Boynton Beach, and will cooperate fully with the City to continue with
the implementation and enforcement of the policy.
B. The Drug -Free Workplace Policy and procedures for Post - Accident and Random
Drug and Alcohol testing is in effect and outlined in the attached Addendum "A ".
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For a Term Ending September 30, 2018 IAFF W"" CITY (D
ARTICLE 43
DURATION
This Agreement shall be in force and effect upon ratification through September 30, 2018.
Negotiations for a successor Agreement shall begin no later than March 1, 2018 upon written
notice from either Party to the other. If all issues are not resolved by September 30, 2018, this
Agreement shall remain in force and effect until all issues have been resolved in accordance with
Chapter 447, Part II, Florida Statutes, as amended from time to time.
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For a Term Ending September 30, 2018 IAFF ti1- CITY ceo
Agreed to this day of L 015, by and between the respective parties
through the authorized representatives of the Union and the City.
BOYNTON BEACH FIGHTERS AND PARAMEDICS, IAFF, LOCAL 1891:
Witness
Witness
BY:
President
CITY OF BOYNTON BEACH
Witness
Witness
Witness
Approved as to Form and Correctness:
CitrAttorney
Secretary
City Manager
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UNION CONTRACT - ADDENDUM "A"
DRUG FREE WORKPLACE POLICY
1.1 PURPOSE
The City of Boynton Beach is committed to providing a safe work environment for its employees
and our community. Drug and alcohol abuse is national problem that is prevalent in society and
impairs the health and safety of employees, promotes crime and harms our local community.
Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts
that directly threaten the integrity of all employees in the City. The City is addressing this problem
through its DRUG FREE WORKPLACE Program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance
our respect for individual privacy with our need to keep a safe and productive drug and alcohol
free environment. We encourage those who use drugs or abuse alcohol to seek help in
overcoming their problem. The City considers substance abuse to be an unsafe and
counterproductive work practice.
1.2 SCOPE
This policy applies to all employees of the City of Boynton Beach.
1.3 DEFINITIONS
1. "Chain of Custody" refers to the methodology of tracking specified materials or substances
for the purpose of maintaining control and accountability from initial collection to the final
disposition for all such materials or substances and providing for accountability at each
stage in handling, testing, and strong specimens and reporting test results
2. "Confirmation Test ", "confirmed test" or "confirmed drug test" is a second analytical
procedure used to identify the presence of a specific drug or metabolite in a specimen,
which test procedure used to identify the presence of a specific drug or metabolite in a
specimen, which test must be different in scientific principle from that of the initial test
procedure and must be capable of providing requisite specificity, sensitivity, and
quantitative accuracy.
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3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating
liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens;
methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs;
or a metabolite of any of the substances listed herein. Threshold detection levels are
established by Florida regulations. Therefore activities participated in while off duty may
result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating
agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols.
Consumption of a preparation including alcohol (beverages or medicines) A list of the
most common medications which may alter or affect a drug test are found in Section 1.5,
Letter I of this policy. Employees and job applicants should review this list prior to
submitting to a drug test.
4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis
administered for the purpose of determining the presence or absence of a drug or its
metabolites.
5. "Employee" means an individual who works for salary, wages, or other remuneration for
the City and is covered by the workers compensation act.
6. "Employee Assistance Program" (EAP) is an established program for employee assessment,
counseling, and referral to an alcohol and drug rehabilitation program.
7. "Employer" means an agency within state government that employs individuals for salary,
wages, or other remuneration.
8. "Implementation Period" means October 1, 2015 through September 30, 2018.
9. "Initial drug test" means a screening procedure of the blood and /or urine of employees and
job applicants for the presence of alcohol and illegal drugs in accordance with the Florida
Drug Free Workplace Program and appropriate Florida administrative rules.
10. "Job Applicant" means a person who has applied for a position with the City and has been
offered employment conditioned upon successfully passing a drug test.
11. "Mandatory- testing position /Safety- sensitive position" means with respect to a public
employer, a job assignment that requires the employee to carry a firearm, work closely
with an employee who carries a firearm, perform life- threatening procedures, work with
heavy or dangerous machinery, work as a safety inspector, work with children, work with
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For a Term Ending September 30, 2018 IAFF 1 j - CITY
detainees in the correctional system, work with confidential information or documents
pertaining to criminal investigations, work with controlled substances, or a job assignment
that requires an employee security background check, pursuant to F.S. 110.1127, or a job
assignment in which a momentary lapse in attention could result in injury or death to
another person.
12. "Medical Review Officer (MRO)" means a licensed physician with knowledge of
prescription drugs, pharmacology and toxicology of drugs, who may be responsible for
receiving and reviewing all positive confirmed test results and who may be responsible for
contacting all individuals who test positive in a confirmation test to inquire about possible
medications which could have caused a positive result. The MRO need not be an employee
of the City.
13. "Prescription or Nonprescription Medication" means a drug or medication obtained
pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized
pursuant to federal or state law for general distribution and use without a prescription in
the treatment of human diseases, ailments, or injuries.
14. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an
employee is using or has used drugs in violation of the employer's policy drawn from
specific objective and articulable facts and reasonable inferences drawn from those facts in
light of experience. Reasonable suspicion drug testing may not be required except upon the
recommendation of a supervisor who is at least one level of supervision higher than the
immediate supervisor of the employee in question. Among other things, such facts and
inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug use or of
the physical symptoms or manifestations of being under the influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in
work performance.
c. A report of drug use, provided by a reliable and credible source, which has been
independently corroborated.
d. Evidence that an individual has tampered with a drug test during employment with
the current employer.
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I
e. Information that an employee has caused, or contributed to, an accident while at
work:
i. If a bargaining unit member is involved in an accident in which the member
was driving a City owned vehicle, and any one of the following occurs: an
individual dies, an individual suffers a bodily injury and immediately receives
medical treatment away from the scene of an accident, one or more vehicles
incurs "disabling damage" as the result of the occurrence and is transported
away from the scene by a tow truck or other vehicle and under any
circumstances when the bargaining unit member is issued a traffic citation.
ii. "Disabling damage" means damage that precludes departure of any vehicle
from the scene of the occurrence in its usual manner. Disabling damages
includes damage to vehicles that could have been operated but would have
been further damaged if so operated. Disabling damage does not include
damage that could be remedied temporarily at the scene of the occurrence
without special tools or parts; a flat tire with no spare available, minor
scrapes /scratches to the exterior of the vehicle; or damage to headlights,
taillights, turn signals, horns or windshield wipers that make them
inoperative.
iii. An order to submit to post accident testing can be made by a Battalion Chief
(Shift Commander) or any chief officer within the division. Any bargaining
unit member ordered for a post- accident drug test may, at the member's
option, be accompanied to the testing by an available Union Representative.
The Union Representative shall act as a quiet observer to the testing
procedure and shall not interfere with the testing procedures or direct
questions or comments to the testing personnel.
iv. Refusal to submit to an order for post- accident drug testing, or intentionally
delaying a post- accident drug test can result in termination; however,
nothing herein shall abrogate a bargaining unit member's right to challenge
the results of the drug test.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs
while working or while on the employer's premises or while operating the
employer's vehicle, machinery, or equipment.
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15. "Special -Risk Position" means a position that is required to be filled by a person who is
certified under Chapter 633, Fire Prevention and Control or Chapter 943, Department of
Law enforcement.
16. "Specimen" means a tissue or product of the human body including blood, urine, or saliva
capable of revealing the presence of alcohol and /or illegal drugs or their metabolites.
17. "Stepping Forward" means that an employee comes forward and requests assistance for
substance abuse during the Implementation Period and prior to being selected for a
random drug test, or prior to being ordered to submit to a reasonable suspicion drug test,
fitness for duty evaluation, or prior to being involved in an accident requiring drug testing.
1.4 POLICY
A. It is the policy of the City that an employee found with the presence of alcohol, illegal
drugs, or prescription medication in levels exceeding prescribed dosage in his /her
system, in possession of, using, selling, trading or offering for sale illegal drugs or
alcohol during working hours, may be subject to disciplinary action up to and including
termination. A refusal to submit to a drug test is grounds for immediate termination.
An employee reporting for work visibly impaired and that is unable to properly
perform required duties, will not be allowed to work. The supervisor should first
attempt to seek another supervisor's opinion of the employee's status. Then the
supervisor should consult privately with employee with the observation, to rule out any
problem(s) that may have been caused by prescription drugs.
If, in the opinion of both supervisors, the employee is considered impaired, the
employee should be drug tested by an authorized provider and then provided safe
transportation home. An impaired employee must not be allowed to drive and if
necessary can be transported home by a supervisor or another employee.
It is the responsibility of the City's supervisors to counsel with an employee whenever
they see changes in performance that suggest a potential employee problem. The
supervisor may suggest that the employee voluntarily seek help from the employee
assistance program or decide that the severity of the observed problem is such that a
formal referral to the EAP should be made.
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U
B. USE OF PRESCRIPTION MEDICATIONS /DRUGS WHILE ON DUTY
1. Prescription drugs prescribed by the employee's physician, who is licensed to
practice medicine in the United States, may be taken during working hours in strict
accordance with the provisions of the Policy. Employees should never use
intoxicants or drugs that could cause impairment during work hours. An employee
who is using a prescription medication while on the job shall do so in strict
accordance with medical directions.
2. It is the employee's responsibility to notify the prescribing physician of his /her job
requirements /functions to ensure that the physician approves the use of the
prescription medication while the employee is performing his /her job duties. It is
recommended that the employee provide his /her physician with a copy of the
N.F.P.A. standards for firefighters so the physician is aware of the physical
requirements of the position.
3. It is the employee's responsibility to immediately notify the Director of Human
Resources and Risk Management or designee when (s)he is prescribed any
medication that is considered a controlled substance on Schedules II, III, or IV as
defined and amended from time to time in Florida Statutes 893.03. Failure to
disclose this information may result in disciplinary action up to and including
termination of employment. The Director of Human Resources and Risk
Management may require the employee to provide a note from his /her prescribing
physician stating that the employee is able to perform the functions of a firefighter
while taking the medication as prescribed.
4. The employee shall notify the Director of Human Resources and Risk Management
or designee if the use of his /her properly prescribed medications /drugs (other than
those considered a controlled substance on Schedules II, III, or IV as defined and
amended from time to time in Florida Statutes 893.03) will affect the employee's
work performance.
5. If the prescribing physician determines that the employee cannot perform his /her
job duties without impairment while taking the prescribed medication, then the
employee will be required to use his /her sick and /or FMLA leave, or unpaid leave if
his /her leave pools are exhausted, until (s)he can return to work. If the employee
reports to work, the City will presume that the employee is not impaired.
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6. Abuse of prescription drugs will not be tolerated.
A. Conditions of Pre - Employment
The City will conduct a pre- employment screening examination designed to prevent hiring
individuals who use drugs.
1. To determine the suitability of employees to work for the City the following pre-
employment conditions are established:
a) Job Applicants in mandatory- testing positions, safety- sensitive positions,
and /or special -risk positions will be tested prior to employment for drug
use and alcohol use.
b) Any job applicant, as defined in the above - section, who refuses to submit
to drug and alcohol testing as part of the pre - employment testing process
will be refused employment.
c) Any job applicant who tests positive for drugs or alcohol use will be
refused employment.
d) Confidentiality will be maintained pursuant to this policy.
B. Employee Compliance
It shall be a condition of continued employment for all employees to submit to drug and
alcohol screening under the policy. If there is a conflict between this policy and the
collective bargaining agreement, the collective bargaining agreement shall control.
Refusal to submit to drug testing is grounds for immediate termination. Refusal to
submit to drug testing is not a waiver of the employee's right to challenge both the
order and the test outcome.
C. Employee Assistance Program
The City offers an Employee Assistance Program (EAP) which provides help to
employees and their families who suffer from various difficulties including alcohol or
drug abuse.
In addition to the City's EAP Program, below is a list of local assistance programs and
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local drug and alcohol rehabilitation programs:
a) Narcotics Anonymous Help Line : 561 - 848 -6262
b) Drug Abuse Foundation of Palm Beach County : 561 - 278 -0000
c) Palm Beach Al- Anon /AI -a -Teen Information : 561 - 882 -0308
d) Alcoholics Anonymous (Palm Beach County) : 561 - 655 -5700
e) Comprehensive Alcoholism Rehabilitation Program : 561 - 844 -6400
It is the responsibility of each employee to seek assistance before drugs and alcohol
lead to performance problems.
1. Use of the employee assistance program, on a voluntary basis, will not affect the
determination of appropriate disciplinary action.
2. An employee's decision to seek assistance from the Employee Assistance
Program on a voluntary basis prior to any incident warranting disciplinary
action will not be used as the basis for disciplinary action or in any disciplinary
proceeding.
On the other hand, using EAP will not be a defense to the imposition of
disciplinary action where facts providing violation of this policy are obtained
outside of the EAP. Accordingly, the purpose and practices of this policy and the
EAP are not in conflict but are distinctly separate in their applications.
3. Through the EAP, the City will provide appropriate assessment, referral to
treatment, and treatment of drug and alcohol abuse.
4. Upon successful completion of a drug and /or alcohol treatment program an
employee may be released to resume work but will be subject to drug testing on
a random, periodic basis, at least quarterly, and for up to two years thereafter as
a condition of continued employment. These stipulations may be incorporated
in a Last Chance Agreement.
5. An individual's participation in the program will not be made part of any
personnel records and will remain confidential to the extent necessary to
comply with this policy. Medical and insurance records, if any, will be preserved
in the same confidential manner as all other medical records and be retained in a
separate file as provided by law.
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D. Management's Responsibility
The City will maintain screening practices to identify employees who use illegal drugs
or abuse alcohol. Department Heads are responsible for implementing this Drug Free
Work Place policy. It is the responsibility of the supervisors to observe the behavior of
employees on the job as a precaution against unstable or unreliable behavior which
could threaten the safety and well -being of employees and the community.
1. Supervisors are responsible for maintaining a safe work environment by
monitoring employees' behaviors and performance.
2. In the event a supervisor has a reasonable suspicion that an employee may be
under the influence of drugs or alcohol, the employee p y ee must be sent for
reasonable suspicion drug testing. A form for documenting cause for a
reasonable suspicion drug test is attached.
3. In all cases when an employee is to be removed from duty for drug testing, the
Department Head and Human Resources & Risk Management should be
immediately notified.
E. Employee's Responsibility
1. It is each employee's responsibility to be fit for duty when reporting for work
and to inform his /her supervisor if (s) he is under prescription or non-
prescription medication which may affect job performance.
2. In the event an employee observes behavior in another employee, which raises a
doubt as to that employee's ability to perform work in a safe, reliable and
trustworthy manner, the employee should report this behavior to his /her
supervisor.
3. Employees, who enter drug or alcohol treatment and /or rehabilitation program
voluntarily at the request or insistence of the City or, as a condition of continued
employment are required to fully participate in and complete the recommended
treatment. Any employee who enters a drug or alcohol treatment and /or
rehabilitation program will be responsible for payment of the treatment and /or
program. If the employee fails to comply with the treatment and /or program,
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For a Term Ending September 30, 2018 IAFF`�.��! CITY
the employee will be subject to discipline, up to and including termination.
F. Medical Review Officer's (MRO) Responsibilities
1. The MRO will review all information from the testing laboratory in the event of a
positive, confirmed test. The MRO will review any information from the
job employee ob a applicant regarding the use of medication or other relevant
pp g g
medical information set forth in the form submitted prior to drug testing.
2. The MRO may request that the testing laboratory provide quantification of test
results.
3. The MRO will provide confirmed test results to the Human Resources
representative from the City.
1.5 PROCEDURE
In order to maintain a drug and alcohol free work environment, the City will test for the
presence of alcohol and drugs in the following circumstances:
1. Pre - employment: Job applicants who have been offered a position of
employment and whose job requirements are that of a mandatory- testing,
safety- sensitive, or special -risk position are required to take a drug and alcohol
test.
2. Reasonable suspicion: Employees who are determined to be under reasonable
suspicion of drug or alcohol use (as defined herein), are required to take a drug
and alcohol test.
3. Post - incident: Employees are required to take a drug and alcohol test when the
employee is involved in a job - related incident, which results in any of the
following: (a) discernable property damage, (b) the employee receiving medical
attention, or (c) the employee receiving a citation. [See 14.e. (i -iv)].
4. Random Testing: Employees are subject to random drug testing. Random
selection for testing is done by an independent third party, approved by both the
IAFF and the City, by a random computer generated list. No more than one
hundred percent (100 %) of the IAFF population will be randomly tested during
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any one contract year: October 1St through September 30th.
5. Fitness for duty: All employees who are subject to routine annual medical
examinations are required to take a drug and alcohol test as part of their medical
examination.
6. Follow -up: All employees who have been referred to an employee assistance
program or rehabilitation program by the City for drug and /or alcohol abuse are
required to take drug and alcohol tests on a quarterly basis for up to two (2)
years after their return to work. These stipulations may be codified in a Last
Chance Agreement.
A. Implementation Period
From October 1, 2015 through September 30, 2018, an employee has a one -time
opportunity to either exercise his /her "stepping forward" option for rehabilitation or,
following a confirmed positive drug and /or alcohol test, to enter a rehabilitation
program and accept a Last Chance Agreement, which will remain in place for three (3)
years from the date of issuance.
B. Consequences of Refusing a Drug Test
1. An employee who refuses to submit to a drug and alcohol test will be subject to
immediate termination. An employee who refuses to submit to a drug test
forfeits his /her eligibility for all workers' compensation medical and indemnity
benefits.
2. A job applicant, as defined in section 1.3, #16, who refuses to submit to a drug
and alcohol test will not be hired.
C. Actions Following a Positive Confirmed Test
The City may administer disciplinary action, up to and including termination, for any
employee who has a positive, confirmed drug or alcohol test.
D. Confidentiality
Confidentiality of records concerning drug and alcohol testing will be maintained to the
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For a Term Ending September 30, 2018 IAFF`��'�! CITY 9
extent necessary to comply with this policy. All information, reports, memos and drug
test reports, written or otherwise, received by the City through the drug testing
program will be kept confidential as provided by law.
The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation
programs who receive or have access to information concerning drug test results shall
keep all information confidential. No such information will be released unless there is a
voluntary written consent, signed by an employee or job applicant, except where such
release is compelled by a court pursuant to an appeal taken under this section, or where
deemed appropriate by a professional or occupational licensing board in a related
disciplinary proceeding.
The City will maintain records concerning drug testing separate and apart from an
employee's or job applicant's file.
E. Reporting of Use of Medication
Employees and job applicants may confidentially report the use of prescription or non-
prescription medication both before and after having a drug test.
F. Notice of Common Medications
A list of most common medications, by brand name or common name, as applicable, as
well as by chemical name, which may alter or affect a drug test, is listed below in section
I. Employees and job applicants should review this list prior to submitting to a drug
test.
G. Medication Information
An employee or job applicant may consult with the testing laboratory for technical
information regarding prescription and non - prescription information.
H. Employee Assistance Program
Refer to the Employee Assistance Program Policy for the name, address and telephone
number of the City's current provider or contact the Human Resources and Risk
Management Department.
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I. Drugs to be Tested
In accordance with F.S. 893.03 as amended from time to time, the following is an
illustrative and non - exhaustive list of drugs that will be tested:
1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors,
resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by
a Blood Alcohol Test.
2. Amphetamines
3. Cannabinoids
4. Cocaine
5. Phencyclidine (PCP)
6. Hallucinogens
7. Opiates
8. Methaqualone
9. Barbiturates
10. Benzodiazepines
11. Synthetic Narcotics
12. Designer Drugs
13.A metabolite on any substance listed herein
14. Anabolic /Androgenic Steroids.
A list of drugs by brand names or common names includes:
Opium Dover's Powder, Paregoric, Parepectolin
Morphine Morphine, Pectoral Syrup
Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A -C,
Hydrocodone, Coke Crack
Heroin Diacetylmorphine, horse, smack
Hydromorphone Dilaudid
Meperidine Demerol, Mepergan
Methadone Dolophine, Methadone, Methadose
Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl,
Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet
Chloral Hydrate Noctec, Sommos
Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate
Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium,
Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam,
Restoril
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Methaqualone Quaalude
Methamphetamine Methyl Ice
Glutethimide Doriden
Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid
NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments
to the Florida Statutes and /or any federal law, rule, regulation or procedure after a review with
the Labor - Management Committee.
PRESCRIPTION DRUGS
Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand
names and the constant marketing of new products, this list is illustrative and not exhaustive.
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol
q g Y ( )
content.
Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin.
Cannabinoids: Marinol (Dronabinol, THC).
Cocaine: Cocaine, HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Methaqualone: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine
with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC,
Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and
Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc.
Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet,
Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc.
Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax,
Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc.
Methadone: Dolophone, Metadose, etc.
Propoxyphene: Darvocet, Darvon N, Dolene, etc.
ANABOLIC /ANDROGENIC STEROID TESTING
Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as
of February 27, 1991.
An employee or job applicant who is contacted by the MRO may confidentially report the use of
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For a Term Ending September 30, 2018 IAFF 1 CITY 90
prescription medication(s) because the presence of these medications in the body may have
affected the outcome of the test.
J. Challenge of Test Results
1. An employee or a job applicant who receives a positive confirmed test result
may, within five (5) working days, submit information to the Director of Human
Resources & Risk Management, with copies to the Union and Fire Chief,
explaining or contesting the test result and explaining why the test result does
not constitute a violation of the City's policy.
2. If the explanation or challenge of the employee or job applicant is unsatisfactory
to the City, the City will provide a written explanation as to why the employee or
job applicant's explanation is unsatisfactory, and a copy of the report of positive
confirmed test results will be provided to the employee or job applicant.
3. An employee may further challenge the results of the test in a court of competent
jurisdiction or, if the drug was administered due to a workplace injury, by filing a
claim for benefits with a judge of compensation claims, pursuant to Chapter 440,
Florida Statutes.
4. If an employee or job applicant contests the drug test results he /she must notify
the Medical Review Officer (MRO):
Donald Bucklin, MD
28035 Ave Stanfold West
Valencia, CA 91355
Phone: 1- 800 - 340 -3810
This policy has been adapted from the City of Boynton Beach policy and is specific to
Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International
Association of Fire Fighters, AFL -CIO, CLC.
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For a Term Ending September 30, 2018 IAFF V/ CITY 9;)
UNION CONTRACT - ADDENDUM "B"
WAGES - STEP PLAN
Effective October 1, 2015, the step plan below is in effect. The Labor - Management Team will
determine the appropriate step placement of each member.
2015
FF
PROS Annually Hourly
Step 1 $45,838.09 $18.3646
FF1 Annually Hourly
Step 1 $48,130.00 $19.2829
Step 2 $49,318.81 $19.7591
Step 3 $50,536.98 $20.2472
Step 4 $51,785.24 $20.7473
Step 5 $53,064.34 $21.2598
Step 6 $54,375.02 $21.7849
Step 7 $55,718.08 $22.3223
FF2 Annually Hourly
Step 1 $58,503.97 $23.4391
Step 2 $59,949.02 $24.0180
Step 3 $61,429.76 $24.6113
Step 4 $62,947.08 $25.2192
Step 5 $64,501.87 $25.8421
Step 6 $66,095.07 $26.4804
Step 7 $67,727.62 $27.1345
Step 8 $69,400.49 $27.8047
Step 9 $71,114.68 $28.4915
Step 10 $72,871.21 $29.1952
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FF3 Annually Hourly
Step 1 $61,429.76 $24.6113
Step 2 $62,947.08 $25.2192
Step 3 $64,501.87 $25.8421
Step 4 $66,095.07 $26.4804
Step 5 $67,727.62 $27.1345
Step 6 $69,400.49 $27.8047
Step 7 $71,114.68 $28.4915
Step 8 $72,871.21 $29.1952
Step 9 $74,671.13 $29.9163
Step 10 $76,515.51 $30.6553
LT Annually Hourly
Step 1 $73,398.73 $29.4065
Step 2 $75,211.68 $30.1329
Step 3 $77,069.40 $30.8772
Step 4 $78,973.01 $31.6398
Step 5 $80,923.64 $32.4213
Step 6 $82,922.45 $33.2221
Step 7 $84,970.63 $34.0427
Step 8 $87,069.40 $34.8836
Step 9 $89,220.01 $35.7452
Step 10 $91,423.74 $36.6281
CAPT Annually Hourly
Step 1 $82,922.45 $33.2221
Step 2 $84,970.63 $34.0427
Step 3 $87,069.40 $34.8836
Step 4 $89,220.01 $35.7452
Step 5 $91,423.74 $36.6281
Step 6 $93,681.91 $37.5328
Step 7 $95,995.85 $38.4599
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For a Term Ending September 30, 2018 IAFF ► ITY cao
BC Annually Hourly
Step 1 $91,423.74 $36.6281
Step 2 $93,681.91 $37.5328
Step 3 $95,995.85 $38.4599
Step 4 $98,366.95 $39.4098
Step 5 $100,796.61 $40.3833
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UNION CONTRACT - ADDENDUM "C"
BOYNTON BEACH FIRE - RESCUE DEPARTMENT
TUITION REFUND PROGRAM
In order to assist employees who wish to attain additional training or education, the City of
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Boynton Beach Fire - Rescue Department hereby establishes a Tuition Refund Program that
reimburses employees a percentage of tuition and textbook costs at an accredited institution,_as
approved by the U.S. Department of Education, Office of Postsecondary Education. In order to be
PP Y p Y
eligible for the Tuition Refund Program, an employee must be a full -time career status employee
with at least one (1) year of employment prior to the starting date of the class. The employee
must submit a tuition refund application at least ten (10) calendar days prior to the initiation of
the class in order for reimbursement to be considered. Applications should be submitted to the
Deputy Chief
The applications will be reviewed by the Deputy Chief to determine whether the course
work is eligible. Under the guidelines of the Tuition Refund Program, employees may take two (2)
English courses, two (2) Humanities, two (2) Social Science, and one (1) Math, as part of a General
Educational Program. Additional course work will be evaluated in terms of the specific course and
the individual's specific job assignments. Applicants for tuition refund should explain the
connection between the course work and their job assignments. In order to assist employees to
attain degrees, the Deputy Chief will review specific degree goals and determine whether the
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For a Term Ending September 30, 2018 IAFF bit CITY 90
degree is in a Fire, EMS, or Administrative related field accepted by the Bureau of Fire Standards
and Training (ref: F.S.S. 633.382, as amended from time to time). If the degree program is
approved, specified required courses in the degree program will be eligible for tuition
reimbursement. This permits employees to plan their educational program.
Employees should be encouraged to apply as far in advance as possible for course work so
that they can be informed of their eligibility. If an employee feels that the Deputy Chief has made
an error in their determination, he /she may ask the Fire Chief to reconsider the decision by
supplying additional information as to the direct applicability of the classes to the employee's
current position. The Fire Chief will then reconsider the original application with the further
information. The Fire Chief's decision is final. Any decision relating to this program is not subject
to the grievance procedure.
When an employee completes the approved course work, it is their responsibility to submit
copies of the grades and the tuition receipt to the Deputy Chief. The reimbursement procedure
will consist of the following: 100% reimbursement when a grade of "A" or "B" is earned, and 50%
reimbursement when a grade of "C" is earned, plus the cost of the textbooks (workbooks not
included) used for the course(s), providing a receipt is provided and the textbook is in re- usable
condition. If the institution only gives credit or no credit, a credit grade will be accepted as
satisfactory completion and equal to a grade of "A ". It takes approximately two (2) to four (4)
weeks from the Fire - Rescue Department receipt of the grades and tuition receipts before a
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For a Term Ending September 30, 2018 IAFF CITY 9
separate check is prepared and given to the employee. Employees receiving aid, or who have a
scholarship, as well as employees qualifying for benefits under the G.I. Bill or other State or
Federal programs, are eligible for municipal reimbursement of only the difference (if any)
between what they receive from these other sources and what is eligible for reimbursement under
this program. The maximum amount of credit hours eligible for payment in a semester is twelve
(12) semester hours or fifteen (15) quarter hours. In the case of employee enrollment in a private
college or university, the City will pay only an amount equivalent to the current tuition charged by
the State (public) colleges and universities.
The provisions of this article and addendum that relate to reimbursement for General
Education Core Courses and Degree Program Core Courses other than those specified in the
Career Ladder (Addendum "D ") have been suspended since 10/01/2011.
EMPLOYMENT OBLIGATION: An employee will be expected to remain with the City of
Boynton Beach Fire - Rescue Department for at least one (1) year following completion of courses
for which he /she has received a refund. If the employee resigns, retires, or terminates within the
one (1) year period, he /she shall reimburse the City for tuition refund benefits applicable to
courses completed during this period. Reimbursements shall be payroll deducted from the
employee's final paycheck.
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Fora Term Ending September 30, 2018 IAFFV CITY 90
TUITION REFUND PROGRAM
PROGRAM RULES
BOYNTON BEACH FIRE - RESCUE DEPARTMENT
OBJECTIVE:
To improve service to the public by promoting a program encouraging Fire - Rescue
employees to obtain additional training and education, which may improve their effectiveness,
improve their performance in their current position, and prepare them for increased
responsibility.
BENEFITS: Employees whose applications are approved will be entitled to a refund of
tuition and textbook costs upon successful completion of each approved course. The
reimbursement will be 100% for a grade of "A" or "B ", 50% when a "C" is obtained, plus the cost of
the textbooks (workbooks not included) used for the course(s), providing a receipt is provided
and the textbook is in re- usable condition.. If the institute only gives credit or no credit, a credit
grade will be accepted as satisfactory completion and equal to a grade of "A ".
ELIGIBILITY: All full -time employees of the City who by the starting date of class, have
completed one (1) year of service and have received a "Satisfactory" or better Employee
Performance Evaluation prior to the beginning of the course work are eligible to apply. Guidelines
for establishing course work are as follows:
(a) All basic core courses as required by the college will be approved for all eligible
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For a Term Ending September 30, 2018 IAFF) CITY 90
employees.
(b) Life experience credit will not be approved for tuition refund.
(c) Degree programs, which relate directly to the employee's current position, will be
approved. Once degree approval is granted, all courses specifically required will be
approved.
(d) For those employees who have been approved for a degree program, all general
educational courses specifically required by the school will be approved.
(e) All other course work will be considered on a course -by- course determination.
Employees receiving financial aid or a scholarship, as well as employees
Qualifying for benefits under the G.I. Bill or other State or Federal Programs are eligible for
reimbursement under this program. The maximum amount of credit hours eligible for payment in
a semester is twelve (12) semester hours or fifteen (15) quarter hours. The City will pay an
amount equivalent to the current tuition charged by the State (public) colleges and universities.
The rater's overall evaluation on the Employee Performance Evaluation conducted
immediately preceding the beginning of classes must be "Satisfactory" or better for the employee
to be eligible for tuition refund unless the course work for the employee receiving a less than
"Satisfactory" evaluation relates to the area of weak performance. In addition, any employee
placed on suspension or on restricted sick leave during a six -month period prior to the beginning
of a course will not be eligible.
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For a Term Ending September 30, 2018 IAFF`'ITY 90
The tuition refund program covers tuition, books and laboratory fees only. It does not
cover registration, taxes, gas, food, or other costs.
Employees should also be reminded that after having received tuition refund, that they are
under a one (1) year employment obligation with the Boynton Beach Fire Rescue Department; the
amount of the tuition refunded will be deducted from the employee's final paycheck.
98
For a Term Ending September 30, 2018 IAFF CITY
BOYNTON BEACH FIRE RESCUE DEPARTMENT
TUITION REFUND PROGRAM APPLICATION
LAST NAME FIRST NAME INITIAL DATE
L I / /
DIVISION SHIFT EMPLOYEE # DATE OF ENTRY
/ /
COURSE INFORMATION
School /City: Term/Year:
Course (Name & Number): Credit Hours:
Course (Name & Number): Credit Hours:
Course (Name & Number): Credit Hours:
EDUCATIONAL OBJECTIVE
Non- degree I--1 2 yr. Degree 14 yr. Degree I I Graduate Degree
TITLE OF DEGREE SOUGHT FIELD OF SPECIALIZATION MAJOR
APPROVAL •
I intend to remain in the employ of the Boynton Beach Fire Rescue Department for at least one (1) year
following the completion of approval coursework. In the event that my employment is terminated for any
reason within one (1) year of course completion, I agree to reimburse the City of Boynton Beach for tuition .
benefits applicable to courses during such period.
EMPLOYEE SIGNATURE DATE
/
I certify that the above named employee has received a "Satisfactory" or better score on his /her most recent
performance evaluation prior to submission of this application. I recommend that this applicant be approved
for tuition refund for the coursework listed above.
FIRE CHIEF (OR DESIGNEE) SIGNATURE DATE
/ /
�I.
DISAPPROVAL
Reason: i+
DEPARTMENT HEAD SIGNATURE DATE
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For a Term Ending September 30, 2018 IAFF CITY 90
•
BOYNTON BEACH FIRE RESCUE DEPARTMENT
SUBJECT: TUITION / EDUCATION REIMBURSEMENT
CITY SERVICE OBLIGATION
DATE: May 1, 1999
The intent of reimbursing an employee is to provide an incentive to seek post-
hiring education and training, which subsequently improves service delivery to
the public, enhances performance levels, and prepares employees for increased
responsibility with the Boynton Beach Fire Rescue Department.
An employee receiving remuneration in the form of tuition and all other costs
associated with fire and EMS - related training and educational programs,
including travel costs, agrees to a one -year employment obligation to the extent
that the funds received must be retumed in the event that this obligation is not
met.
iM
This city service obligation requires that an employee be expected to remain with
the Boynton Beach Fire Rescue Department for at least one (1) year following
completion of courses for which he /she has received a refund. If the employee
resigns, retires, or terminates within the one (1) year period, he /she shall
reimburse the City for all funds received applicable to courses completed during i
this period. Unless other financial arrangements are made, reimbursements shall
be payroll deducted from the employee's final paycheck.
This policy is consistent with the Boynton Beach Fire Rescue Department's
Tuition Reimbursement Program.
The undersigned Boynton Beach Fire Rescue Department employee has read
and fully understands the provisions of this policy as set forth in this document
without exception.
Employee Name
Employee Signature Date
Witness (BBFRD Chief Officer) Date
NOTARY:
1UU
For a Term Ending September 30, 2018 IAFF CITY (�,0
�0
UNION CONTRACT - ADDENDUM "D"
CAREER LADDER - Boynton Beach Fire Rescue Department
MINIMUM REQUIREMENTS (Probationary FF through Battalion Chief)
Probationary Firefighter (FF /Prob.) [Hire date through 12 months]
PREREQUISITE:
- Certified Florida Firefighter
- Certified Florida Emergency Medical Technician or Paramedic
REQUIRED TO BE PROMOTED TO FIREFIGHTER 1:
• Successful completion of the Probationary Firefighter Manual ( "Green Book ")
• Successful completion of FFI Performance and Written Examinations
• Successful completion of the annual evaluation process for Probationary Firefighters and
appointment by the Fire Chief.
Firefighter 1 (FF1)
PREREQUISITE:
- Successful completion of all requirements for Probationary Firefighter
- Minimum of one (1) year of service with BBFRD
REQUIRED TO BE PROMOTED TO FIREFIGHTER 2:
• Certified Florida Paramedic with Dept. "Active Paramedic" status
• Successful completion of FFII Performance and Written Examinations
Firefighter 2 (FF2)
PREREQUISITE:
- Successful completion of all requirements for Firefighter I
- Minimum of three (3) years of service with BBFRD
- Certified Florida Paramedic with Dept. "Active Paramedic" status
TO ATTAIN FFII / OPERATOR ENGINEER STATUS:
• Successful completion of FFP 1302 Fire Apparatus Operator (or equivalent)
• Successful completion of FFP 1301 Fire Service Hydraulics (or equivalent)
• Successful completion of BBFRD- sanctioned Aerial Apparatus Course (40 -hour minimum) or
FSFC 703
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For a Term Ending September 30, 2018 IAFF " CITY 90
• Successful completion of BBFRD Apparatus, Hydraulics, and Aerial Operation Performance and
Written Examinations
REQUIRED TO BE PROMOTED TO FIREFIGHTER 3:
• Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06)
• Successful completion of FFP 1810 Fire Service Strategy and Tactics 1
• Successful completion of FFP 2720 Company Officer Leadership
• Successful completion of FFP 1740 Course Delivery
• Successful completion of FFP 2120 Building Construction for Fire Service
• Complete a Pre - Incident Plan on a City Target Hazard (to be pre- approved)
• Complete Fire Inspection / Prevention Packet with a BBFRD Asst. Fire Marshal or
Complete FFP 1505 Fire Prevention Practices and FFP 1540 Private Fire Protection Systems 1
Firefighter 3 (FF3) [Minimum requirement to serve as Acting Lieutenant]
PREREQUISITE:
- Successful completion of all requirements for Firefighter II
- Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06)
-Must attain Operator /Engineer status as described under FF2
- Minimum of five (5) years' service with BBFRD. Required time will be reduced by one (1) year
with an acceptable, job - related Associate or Bachelor Degree
REQUIRED TO BE PROMOTED TO LIEUTENANT:
• Successful completion of BBFRD Officer Candidate School which will include, but is not limited
to:
- Department Policies, EMS Protocols, SOG's, Rules and Regulations
- Labor - Management Relationship and Collective Bargaining
-The Changing Workforce and Dealing with Change
- Diversity, Sexual Harassment, and Discrimination Training
- Technical Report Writing and Report Quality Assurance
- Performance Evaluation Training
- Customer Service
- Coaching, Counseling, and Disciplinary Action
- Budget Analysis and Preparation
• NIMS Compliant per department standards.
• Successful completion of Lieutenant promotional examination /assessment and appointment
by the Fire Chief.
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For a Term Ending September 30, 2018 IAFF \ CITY QP
Lieutenant (Lt.) [Minimum requirement to serve as Acting Captain]
PREREQUISITE: (Eligibility criteria necessary to sit for the Lt. Promotional Exam)
- Successful completion of all requirements for Firefighter III
- Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06)
- Minimum of six (6) years' service with BBFRD. Required time will be reduced by one (1) year
with an acceptable, job - related Associate or Bachelor Degree
- Minimum one (1) year as a FF3 with BBFRD
Promotion is based on successful completion of Lieutenant promotional examination /
assessment, and appointment by the Fire Chief.
REQUIRED TO BE PROMOTED TO CAPTAIN:
• Successful completion of BBFRD Officer Candidate School (as noted above).
• Successful completion of FFP 2780 Fire Service Administration
• Successful completion of any 2000 or 3000 Level Personal Management Course (minimum
40 hours)
• NIMS Compliant per department standards.
• Successful completion of Captain promotional examination / assessment and appointment
by the Fire Chief.
Captain (Capt.)
PREREQUISITE: [Minimum criteria necessary to sit for the Captain Promotional Exam]
-Must meet all requirements for Lieutenant
- Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06)
- Minimum of nine (9) years' service with BBFRD. Required time will be reduced by one (1) year
with an acceptable, job - related Associate or Bachelor Degree
- Minimum of one (1) year as a Lieutenant with BBFRD
Promotion is based on successful completion of Captain promotional examination / assessment
process and appointment by the Fire Chief.
REQUIRED TO BE PROMOTED TO BATTALION CHIEF:
• Successful completion of BBFRD Officer Candidate School (as noted above).
• Completion of certified Incident Command Course.
• NIMS Compliant per department standards.
• Completion of Human Resource Course (3000 level minimum).
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For a Term Ending September 30, 2018 IAFFITY
• Successful completion of Battalion Chief promotional examination /assessment and
appointment by the Fire Chief.
Battalion Chief (BC) [Shift Commander]
PREREQUISITE: [Minimum criteria necessary to sit for the Battalion Chief Promotional
Examination]
-Must meet all requirements for Captain.
- Certified Florida Paramedic with Dept. "Active Paramedic" status.
- Minimum of twelve (12) years' service with BBFRD. Required time will be reduced by one (1)
year with an acceptable, job - related Bachelor Degree.
- Minimum of three (3) years as a Captain with BBFRD.
PROMOTIONAL CRITERIA (For Lieutenant, Captain and Battalion Chief)
A. Posting for a position will include date, time, and location of the exam, reference
materials, exam and methodology. This announcement will be posted at least sixty (60)
days prior to the test date and will include all necessary information relating to the
application process and deadlines.
B. Establishment of an eligibility list, to include time duration that the list is in effect. An
eligibility list will be in effect for a period of two (2) years unless adjusted by mutual
agreement.
C. The Fire Chief has the option to select any one of the top three (3) candidates for
promotion to an existing vacancy. Candidates that are not selected for promotion may
be provided with an interview to discuss the reason(s) for not being selected, upon
request of the candidate.
D. Any employee who successfully passes a promotional examination shall have a credit
for continuous service added to their final score which shall be computed as follows:
One- fourth (1/4) point shall be added for each full year of uninterrupted service.
E. The City shall provide one copy, at each station, of all reference material for
promotional examinations at the posting of notification. The reference material shall
remain in the Fire Station(s)
F. Any such vacancy approved by the City Manager, shall be offered within thirty (30) days
of the establishment of the appropriate eligibility list.
104
For a Term Ending September 30, 2018 IAFF CITY (gyp
7J
The Boynton Beach Fire Rescue Labor Management Team hereby approves this Career
Ladder incorporated into the collective bargaining agreement 2002 -05 as Addendum "D ".
(Revised 10/19/2015 - Effective 10/19/2015)
O / r y-C/
Fire Chief Date
/a/, /c'5
I , Local 1891 Union President Date
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Fora Term Ending September 30, 2018 IAFF JIB! CITY
V
BOYNTON BEACH FIRE RESCUE DEPARTMENT
TO: Dean Kinser, President
I.A.F.F. 1891
FROM: Kevin R. Carter, Fire Chief
SUBJECT: Letter of Understanding
Firefighter Contract Article 38, Shift Fire Inspectors
DATE: March 20, 2000 (Revised 10/01/08) (Revised 10/01/10) (Revised 10/01/13)
(Revised 10/01/15) (Revised 12/15/2015)
It is the intent to of this Letter of Understanding to clarify negotiated issues regarding contract
Article 38, Shift Fire Inspectors. By virtue of this letter, and through attrition, we agree to
eliminate the aforementioned article in its entirety according to the following criteria:
1) The article entitled Shift Inspectors will no longer be a part of the Collective
Bargaining Agreement.
2) The existing inspector (Capt. Chris. Wandell will continue to serve as fire inspector
as directed by the Fire Marshal, providing he maintains all necessary certifications. In the
event it is determined that additional bargaining unit members are likewise affected, this
Letter of Understanding applies to all members in a similar position.
3) The current 5% pay (based on his September 30, 1995 pay) will change to an
incentive pay equal to the existing rate, (i.e. from a % -based incentive to a strict dollar
figure). This incentive pay, once established, will not increase. This change will be effective
upon ratification of the 1999 -2002 Agreement.
4) If, for any reason, the inspector is no longer certified or no longer willing to serve as
an inspector, his position will not be filled by another department member, nor will he be
able to re -enter into the position.
The September 30, 1995 salary of the individual is:
*Chris Wandell - $676.80 wkly (5% = $33.84 wkly; $67.68 biwly; $1,759.68 yrly)
106
For a Term Ending September 30, 2018 IAFF V. CITY
FOR THE CITY:
V;fro
Kevin R. Carter, Fire Chief Date
FOR THE UNION:
7 -/g/ f
Dean Kinser, President Date
WITNESS:
Date
107
For a Term Ending September 30, 2018 IAFFITY
UNION CONTRACT - ADDENDUM "E"
MUTUAL CONSENT AGREEMENT
(Use of Insurance Premium Tax Revenue)
This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a
Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach,
FL 33435 (the "CITY ") and the BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL
1891 ( "IAFF ").
WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015 -39, Laws of
Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ( "IPTR ");
and
WHEREAS, the City has a retirement pension plan and fund for firefighters known as the
Boynton Beach Firefighters' Pension Fund ( "Fund ") that exceeds the minimum benefits and
minimum standards established by the State of Florida for public employee firefighter pension
plans as set forth in chapter 175, Florida Statutes; and
WHEREAS, the Legislation provides that use of IPTR, including any accumulations of
additional premium tax revenues which have not been allocated to fund benefits in excess of the
minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the
members' collective bargaining representative (IAFF).
NOW THEREFORE, the City and Unions agree as follows:
1. The foregoing Whereas clauses are true and correct.
2. The total of $1,000,000.00 of IPTR, whether base premium tax revenue or additional
premium tax revenue, received by the City will be used to reduce the City's unfunded
liability to the Boynton Beach Firefighters' Pension Fund. Payment will be made in
accordance with attached letter from the Pension Board to Cahir, Luke Henderson, dated
November 20, 2015.
3. This Consent Agreement takes effect when signed by IAFF and City.
Signature Page follows
108
For a Term Ending September 30, 2018 IAFF CITY cp
THE CITY OF BOYNTON BEACH
, Lo , ve-
Lori LaVerriere, City Manager
ATTEST:
tC rk
BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL 1891
Dean inser, President
APPROVED AS TO LEGAL FORM:
City A torney
109
For a Term Ending September 30, 2038 IAFFLt(/CITY
Attach Pension Board Letter to Chair, Luke Henderson, dated November 20, 2015
110
For a Term Ending September 30, 2018 IAFF b. CITY 90
KLAUSNER
1 KAUFMAN
JENSEN fr
LEVINSON
1
Writer's e-mail: adam@robertdklausner.com
robertdklausner.com
November 20, 2015
Luke Henderson, Chair
Boynton Beach Firefighter Pension Plan
Renaissance Executive Suites
1500 Gateway Boulevard, Suite 220
Boynton Beach, FL 33426
Re: Boynton Beach Firefighter Pension Plan
Our File No. 900334
Dear Chairman Henderson:
You have inquired whether a proposed memorandum of understanding ( "MOU ") or
"Mutual Consent Agreement" between the City of Boynton Beach and Local 1891 could be
implemented by the Board of Trustees of the Firefighter Pension Plan ( "Plan "). Based on my
understanding of the proposed MOU, the answer is yes.
If approved by the parties, the Board could allocate $333,333.33 per year of unallocated
Chapter 175 premium taxes over the three -year term of the pending collective bargaining
agreement ( "CBA ") to pay down the Plan's unfunded actuarial liability ( "UAL "). These
proposed reductions in unallocated premium taxes would not result in a direct offset to the City's
annual contribution requirement, but would instead be applied to reduce the Plan's UAL. This
will in turn have an indirect impact on future year City contribution requirements, by lowering
amortization payments on the UAL.
As you know, Senate Bill 172 ( "SB 172 ") allows labor and management to mutually
agree on the use of unallocated premium tax revenue in their city. See Section 175.351(1),
Florida Statutes. To the extent the Board has not yet approved the Plan valuation for this year,
the appropriate adjustments could be made for the current fiscal year, as per the parties' pending
agreement.
Attached hereto is an email from the Plan's actuary summarizing a procedure for doing
so. This item could be placed on the Board's next agenda for implementation. Of course, the
Board would need a copy of the finalized MOU or CBA.
7080 NORTHWEST 4TH STREET, PLANTATION, FLORIDA 33317
PHONE: (954) 916 -1202 • FAX: (954) 916 -1232
www.robertdklausner.com
Feel free to reply with any questions. Congratulations to the parties on their tentative
agreement. Wishing everyone a healthy and meaningful Thanksgiving holiday.
Respectfully,
Adam P. Levinson, Esq.
APL /yv
Enclosure
cc: Julie Oldbury, Director of HR & Risk Management
Dean Kinser, President, Local 1891
Jim Cherof, Esq.
q
Mark Floyd, Esq.
Barbara LaDue, Administrator
2