R02-014 RESOLUTION R02 -0 14
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYlxTTON BEACH, FLORIDA, RATI~FYING
A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY Ot~ BOYNTON BEACH, FLORIDA AND
THE NATIONAL CONFERENCE OF FIREMEN &
OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (SEIU) TO
RESOLVE ISSUES OF DISPUTE BETWEEN THE
PARTIES; AUTHORIZING THE MAYOR TO EXECUTE
THE MEMORANDUM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boymon Beach and the NATIONAL CONFERENCE
OF FIREMEN & OILERS SEIU. AFL-CIO, CLC, LOCAL 1227 (SEIU) have
successfully concluded impact bargaining regarding several issues of dispute between the
parties; and
WHEREAS, the Memorandum was ratified by the Bargaining Unit of the
Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify this Memorandum and
execute the same;
NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION
OF TIlE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the Memorandum of Understanding between the City of Boynton Beach and
the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU-, AFL-CIO, CLC,
LOCAL 1227 (SEIU), attached hereto as Exhibit "A"
:xecme the Memorandum.
Section 2.
and authorizes the Mayor to
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this I~' day of January, 2002.
CITY O N B CH, F~LORIDA
Commissioner
kTTEST:
Clerk
RESOLUTION EXHIBIT
Page 1 of 2
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into between the City of Boynton
Beach, Florida and National Conference of Firemen & Oilers, SEIU, AFL-CIO, CLC,
Local 1227 (SEIU)
The purpose of this Memorandum of Understanding is to resolve issues of dispute
between the parties and to resolve concl~ively the matters addressed herein to the extent
of any conflict between this Memorandum of Understanding and the terms and conditions
of the Collective Bargaining Agreements between the City and the Blue and White Collar
Units, this Memorandum of Understanding will prevail.
In consideration of the mumai covenants expressed herein, the parties agree as
follows:
Implementation of Perfnrmance/Pay S~stem. Notwithstanding the
provision of the current Blue Collar or White Collar Collective Bargaining
Agreements regarding implementation of the performance evaluation
system~ the implementation shall be deferred one year. In lieu of
performance based increases for fiscal year 2001-2002, all members of the
bargaining unit will receive a 3% base wage adjustment the first pay
period in March, 2002. Members who have reached top out pay shall
receive their increase as a imp sum and not into base.
Dress Code. SEIU withdraws its request to bargain or impact bargain the
implementation of the City's Dress Code Policy for non-uniformed
employees, a copy of which is attached as Exhibit "A".
Tuition Reimbursement Program. Bargaining Unit Members are eligible
for participation in the City% Tuition Reimbursement Program, a copy of
which is attached as Exhibit "B'.
~ The Collective Bargaining Agreements provide that first evaluation period under the
City's pay for performance program shall commence April 1, 2001 and end March 31,
2002. It will now commence April 1, 2002.
MEMORANDUM OF UNDERSTANDING EXHIBIT "A" - Page 2 of 2
City uniforms and uniform items (shirts, pants, jackets, etc) should be worn only
during business hours or when City business is to be conducted after hours with
appropriate ap 3roval.
The following is a guideline to follow:
ACCEPTABLE
Dress slacks, Dockers, or
khaki pants
Dresses, suits
City issued logo shirts
Golf shirts
Only City issued caps
Apprepdate footwear based on
safety and task
NOT ACCEPTABLE
Shorts, .eans. capri pants and any denim
type blothing
Dresses and skirts that are shorter than 3"
above the knee cap when standing
Strapless dresses, sundresses, tube or tank
tops. halter tops or bare back tops
Stirrup pants, leggings sweat pants, leather
pants, overalls or athletic wear
Tee Shirts or clothing with advertising
promoting tobacco, alcoholic beverages, or
local businesses, vulgar, suggestive,
offensive or indecent messages
Clothing of any fabric, type or fit that is too
revealing, better known as 'see through"
Athletic shoes, flip-flops, thongs, Or sandals
Exceptions: The Department Head and City Manager may make exceptions to the
dress code policy for special days such as holidays, or special occasions. Exceptions
shall be considered regarding specific job duties and responsibilities, but shall always
follow the rule of business necessity. Employees may be allowed to "dress down" with
department head approval, when working on temporary projects or assignments, Le.,
moving of an office or a temporary project.
Department heads and all supervisors shall
compliance of their respective departments.
consistent enforcement of the dress cod e policy.
be responsible for the dress code
Open communication ~s the key to
Should an employee come to work in inappropriate attire, he/she is subject to
progressive discipline and the employee may be sent home to change clothes if the
attire is in violation of this Administrative Policy. An employee will be considered "off
the clock" if he/she is sent home in violation of this policy. The Department Head and
Human Resource Director shall make the final determination in questionable situations.
Effective Date: October 15, 2001
Bressner, City Manager
Procedure No;
Rev: 000
Supersedes:
Page -1 - of 5
MEMOP~a. NDUM OF UNDERSTANDING EXHIBIT "B" - Page
PD - 0003
Date: ,~auaa~t~F
Date: None
Human Resources
I of 5
Prepared by: Professional Development
Approved by:
Arthur Lee Director of Human Resources
Date:
TUITION ASSISTANCE PROGRAM
1. PURPOSE:
Defines the Tuition Assistance Program which reimburses eligible employees for successful
comeletion of approved courses up to a $1,500.00 cap for Associate degrees, a $2,000.00 cap for
Bachelors degrees, and a $3,000.00 cap for graduate degrees per fiscal year, for tuition and books.
The City makes no commitment to employees that advancing their education will result in either a
promotion or pay increase,
SCOPE:
The provisions of this procedure shall apply to all full time non-bargaining unit employees who choose
to attend an accredited college or university to pursue an approved degree course.
LIST OF RESPONSIBILITIES:
3.1. All full time, non-bargaining unit Employees
3.2. Division Heads
3.3. Department Managers
3.4. Tuition Assistance Coordinator
3.5. Professional Development Manager
3.6. Human Resources
4. DEFINITIONS:
4.1, Full time, non-bargaimng unit employee - an employee who has completed one year of service
with the City after hiring or promotion to full time status.
4.2. Tuition Assistance Coordinator -- Assigned designee from Human Resources, who coordinates
the Tuition Assistance Program and counsels employees as needed.
4.3. Professional Development Manager - Assigned person who. supervises the Tuition Assistance
Program.
4.4. CAP - Upper limit on dollar amount which the City shall reimburse.
5. :REQUIREMENTS
5.1. Eligibility
5.1.1. Applicants shall be full-time employees and meet the following performance and length of
service requirements prior to beginning classes,
5.1.2
Full time employees who have completed their one-year probation and who are non-
[~arga~ning unit members. Part-time and Temporary Employees shall not be eligible to
receive tuition assistance.
Tuition Reimbursement Rev 001
Date: 09/14/01 PEP.0003 Page -1 - of 5
MEMORANDUM OF UNDERSTANDING EXHIBIT "B" Page 2 of 5
5.1.3. Employees who are bound by a union comrac~ will follow the prows~ons as aid out in
their contract and shall not be eligible under me terms and conditions of [his Tuition
Assistance Policy.
5.1.4. Emoloyees must maintain 8 mimmum rating of "meets requirements" or comparable
rating in all performance review categories in order to remain eligible for tuition assistance.
5.2. Application
5.2.1. Employees may apply for reimbursement limited to .$1,500.00 per AA or AS, $2,000.00
per BA or BS, and $3,000.00 for graduate degrees cap oer Fiscal Year by completing the
Application for Tuition Assistance form (PDF. 021) available in the Professional
Development and Human Resources Departments,
5.2.2. Application is restricted to tuition ana texts only for approved courses required in the
program.
5.2.3 Completed applications for Tuition Assistance should be submitted by the applying
employee to their manager for approval, then sent through their area s~gnature cycle,
including their Division Director and then to the Tuition Assistance Coordinator who will
submit it to the Professional Development Manager and Director of Human Resources for
final approval (Approval Cycle).
5.2.4, Applications must be approved by the Director of Human Resources prior to attending the
first class to verify the class is eligible for reimbursement. Employees who begin classes
prior to approval by those listed on the Approval Cycle will not be reimbursec Incomplete
applications wilt be returned to the employee and will delay approval.
5.2.5. Original receipts for tuition and books should be sent to the Tuitior Assistance
Coordinator as soon as they are available. Reimbursement will not be made without
original receipts.
5,2.6. Final approval of all Tuition Assistance applications rests with the Director of Human
Resources. Job-relatedness as determined ~)y the City shall factor significantly into the
City's decision to approve a given course or program.
5.2.7. Once approved, a copy of the application shall be returned to the employee. This copy
should be saved and re-submitted with the original course grade at the end of the course to
the Tuition Assistance Coordinator. Courses or books that are rejected from
reimbursement shall be noted on the copy.
5.3. Selection of courses and schools
5.3.1. Tuition Assistanca is granted at the City's sole discretion for individual courses based on
course content and job-related factors. Generally, courses must aid employees to improve
performance in their present job or prepare for advancement within the City. All courses in
a degree or certificate program shali not be automatically covered. Electives must be
chosen to provide the greatest benefit for the employee's current position or a future
position within the organization.
5.3.2. Colleges and universities must be accredited by the appropriate regional accrediting
association, and must be included in Florida's Independent Licensed and Accredited
Colleges and Universities.
5.3.3. Adult education classes may be considered for Tuition Assistance if a specific etter
grade is issued.
Tuition Reimbursement Rev 001
Date: 09/14/01 PDP.0003 Page -2 - of 5
MEMORANDUM OF UNDERSTANDING EXHIBIT "B" - Page 3 of 5
5.3.4. Courses offered by technical or trade schools should be discussed with the Professional
Development Manager prior to registration Employees should first investigate the
availability of similar courses from a community college, university, or through adult
education classes at local community schools. When similar courses are available at the
local college or university, the employee should attend these classes instead.
5.3.5. Colleges and Universities granting degrees by correspondence and/or distance learning
technology ;nust be accredited and recognized Dy the academic community. The
availability of courses at a community college or four-year university in the local area, as
well as the ability of the employee to attend these classes, shall be a determining factor 'n
approvin~ a correspondence course.
5.4. Ineligible Courses
5.4.1. Certain courses shall be considered ineligible for reimbursement under ail circumstances,
even if they are a degree requirement. Examples of these types of courses are: physical
education and sex education classes.
5.4.2. Seminars, of any kind, shall not be reimbursed under the Tuition Assistance Program,
5.4.3. The Tuition Assistance Program shall not cover classes which earn Continuing Education
Units (CEUs).
5.4.4. Review courses designed to "coach" the par[icipant to improve their chances in passing a
test, such as a CPA examination or college entrance test (SAT), shall not be covered.
5.4.5. Courses which are graded on a pass/fail option shall not be eligible
5.4.6. Courses which officially began prior to the employee becoming eligible for Tuition
Assistance shall not be eligible.
5.4.7. Courses issuing credit for "Life Experience" or Portfolios shall not be covered.
5.5. Materials and Fees
5.5.1 Eligible for reimbursement.
5.5.1.1. One hundred percent (100%) of tuition shall be reimbursed if a grade of "B" or better
is earned. Fifty percent (50%) of tuition shall be reimbursed if a grade is "C." There
shall be no reimbursement for courses where the earned grade is below "C."
5.5.1.2. Cost of all approved required books for which an original receipt is submitted shall be
reimbursed. Employees may be required to provide documentation that certain books
are required by their professor or instructor.
5.5.2. Ineligible for Reimbursement.
5.5.2.1. The following fees shall be ineligible for reimbursement: activity, administrative,
application, course change, entrance exams (e.g., SAT, GRE, GMAT), graduation,
health, aboratory, late registration, library, parking, registration, transcript, etc.
5.5.2.2. The following equipment, supplies or miscellaneous costs shall be ineligible for
reimbursement: pens, pencils, folders, notebooks, study guides, private tutoring,
calculators, tape recorders, photographic equipment or supplies, computer equipment
or supplies, software, etc.
Tuition Reimbursement Rev 001
Date: 09114/01 PDP.0003 Page -3 - of 5
MEMORANDUM OF UNDERSTANDING EXHIBIT "B" - Page 4 of 5
5.6. Reimbursements - Tuition and Books
5.6.1. Eligible for Reimbursement
5.6.1.1. The maximum per hour reimbursement will be based on the current tuition rates au
Public institutions in the are~, and is limited to tuition and texts only for approved
courses,
5.6.1.2. The approved copy of the Application for Tuition Assistance form shall be
documentation that the employee is eligible for Tuition Assistance in accordance with
City policy, in order for the employee to receive a temporary waiver of fees until the
end of the course. This approval does not imply the City will accept responsibility to
pay the em 31oyees tuition to the school or any other party.
5.6.1.3. Tuition and BooKs which are paid by student loans are covered under this policy.
Employees must 2roduce proof of student loan if they are not the payee on the
registration documentation.
5,6.1.4. Employees will be reimbursed the difference between the amount covered by non
refundable financial assistance and the total cost of tuition and books up to [ne
maximum of the amount allowed under this policy when the cost of tuition and books
exceed the limit of the scholarship or financial aid. Employees must provide proof of
financial aid and or the value of the scholarshio
5.6.2. Ineligible for Reimbursement
5.6.2.1. Courses which are covered under any non-refundable financial aid, including
scholarships, and government assistance, are not covered under this policy.
Employees may not submit claims for reimbursement for tuition or books which are
covered by non-refundable financial assistance.
5.6.3. Terminated employees
5.6.3.1. If an employee receives approval for a particular semester and begins attending
classes, but is involuntarily terminated by the City pdor to the completion of the
courses, the City may at its sole discretion "eimburse the covered expenses. The
course must have alreaoy started prior to the involuntary termination for
reimbursement to be paid,
5.6.3.2. Employees who voluntarily leave their employment or are terminated "for cause" will
be required to reimburse the City 100% of the tuition assistance received during the
24 month period prior to their termination date.
5.6,4. Submission of grades.
5.6.4.1. A copy of the approved Application for Tuition Assistance form or a facsimile shall be
re-submitted to the Tuition Assistance Coordinator along with the original grade report
and any remaining original receipts.
5.6,4.2. Approved app cat ons shall be held for four (4) weeks after the anticipated course
completion date. Grades or receipts not 3resentad by this time shall not be
reimbursed,
5.6.4.3. Employees shall usually be reimbursed for approved courses within four weeks from
submission of the final grade report All reimbursements shall be paid by City check
Tuition Reimbursement
Date: 09/14/01 PDP 0003
Rev 001
Page -4 - of 5
MEMORANDUM OF UNDERSTANDING EXHIBIT "B" Page 5 of 5
5.7. Certificates and degrees.
5.7,1. If a certificate or degree is earned, a copy must be submitted to the Tuition Assistance
Coordinator so that it may be included in the employee's file.
5.8. Retroactivity.
5.8.1. The reimbursement will not be retroactive and will cover only those classes taken in the
fiscal year in which it was applied.
5.9. Total disbursement
5.9.1. Tuition Assistance will be granted up to and including available funds ir the budget for
the fiscal year. At no time will reimbursements exceed the available funds in the current
fiscal year buoget.
6. RESPONSIBILITY AND AUTHORITY
6.1. Management, at all levels, shall be responsible for enforcing this policy within their area.
6.2. The interpretation and administration of this policy shall be the responsibility of the Director of
Human Resources.
6.3. The Director of Human Resources, or assigned designee, shall be responsible for the audit,
approval and processing of Tuition Assistance application and reimbursemenT.
7. REFERENCE DOCUMENTS
7.1. PDF-0021, Application for Tuition Assistance
Tuition Reimbursement
Date: 09/14 01 PDP,0003
Rev 001
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