HomeMy WebLinkAbout2026 Palm Beach County Police Benevolent AssociationCOLLECTIVE BARGAINING AGREEMENT
Between
THE CITY OF SEBASTIAN, FLORIDA
And
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
Contract Term From:
October 1, 2025 to September 30, 2028
AGREEMENT
Section 1. This Collective Bargaining Agreement ("Agreement") is entered into by and between the
City of Sebastian, Florida, ("City" or the `Employer"), and the Palm Beach County Police
Benevolent Association, Inc. (hereinafter referred to as PBA or the Union). It is the intent and
purpose of this Agreement to assure sound and mutually beneficial working and economic
relationships between the parties hereto; to provide an orderly, prompt, and peaceful means of
resolving disputes involving interpretation or application of this Agreement; and to set forth
herein basic and full agreement between the parties concerning wages, hours, and terms and
conditions of employment.
Section 2. Upon the effective date of this Agreement, it shall supersede and supplant that certain
Agreement between the City and PBA expiring September 30, 2028 and any supplemental
agreements, thereto or thereunder.
Section 3. Throughout this Agreement, masculine gender pronouns shall be read to include feminine
gender where appropriate.
19111DI:II►A11.1M0
Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and
cooperative labor management relations upon a constructive and sound foundation; and
Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights
and obligations of both parties, in order that the joint responsibilities of the public employer and public
employee to represent the public be fulfilled and the order and uninterrupted functions of government be
assured; and
Whereas, the City is engaged in furnishing essential public services vital to the health, safety,
protection, comfort, and general well-being of the public, and both parties hereto recognize the need for
continuous and reliable service to the public; and
Whereas, both the City and its employees have a high degree of responsibility to the public and
recognize the need for continuous and reliable service to the public; and
Whereas, since both parties recognize this mutual responsibility, they have entered into this
Agreement as an instrument and means to permit them to fulfill said responsibility;
Now therefore, in consideration of the premises and promises set forth herein and the benefits and
advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by
reason thereof, said parties hereby agree as follows:
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3.3: Employees shall not engage in any walkout, strike, sit-down, or other interference with or
interruption of police services during the term of this Agreement. The Palm Beach County
Police Benevolent Association, Inc. recognizes that strikes by public employees are prohibited
by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The
Palm Beach County Police Benevolent Association, Inc. agrees not to authorize, instigate, or
otherwise support a strike, as defined in Section 1, above and to take all affirmative action's
legally available to prevent or terminate any strike that occurs in contravention of this
commitment.
3.4: The City agrees to accept and abide by all the terms and conditions of this Agreement and
agrees that during the term of this Agreement it will not lock out employees.
3.5: The City recognizes the right of the Palm Beach County Police Benevolent Association, Inc. to
engage in informational picketing as long as such picketing is done in a lawful manner in
accordance with Florida Statutes. The Palm Beach County Police Benevolent Association, Inc.
agrees that there will be no interference with the free and unrestricted right of any City
employee to enter and leave City property.
ARTICLE 4
NON-DISCRINIINATION
4.1: It is agreed that no employee shall be required as a condition of employment to join or refrain
from joining the Palm Beach County Police Benevolent Association, Inc.
4.2: The City agrees it will not discriminate against, coerce, or intimidate any employee covered by
this Agreement because of membership or non -membership in the Palm Beach County Police
Benevolent Association, Inc.
ARTICLE 5
DUES DEDUCTION
5.1: Any member of the bargaining unit covered by this Agreement may authorize a payroll
deduction for the purpose of paying Union dues. Such authorization shall become effective
only upon receipt by the City payroll section of a fully executed Dues Deduction Form (as
authorized).
5.2: Changes in Union membership dues will be in writing and from an official of the Palm Beach
County Police Benevolent Association, Inc. Changes must be certified to the City at least thirty
(30) days prior to the effective date of that change.
5.3: Dues shall be deducted bi-weekly for as long as the Palm Beach County Police Benevolent
Association, Inc. remains the certified bargaining agent for the employees within the unit and
promptly remitted to the Palm Beach County Police Benevolent Association, Inc. as it is now
remitted and shall be accompanied by a list of those employee's names whose dues are
included. Remittance of dues shall occur no later than five days following each payroll cycle.
5.4: The effective date for deducting dues shall be the beginning of the pay period following the
date the Dues Deduction Form is signed. All employees currently on dues deduction shall
continue without further authorization. The effective date for stopping dues deduction shall be
at the beginning of the pay period thirty (30) days following the date the form is signed.
5.5: The Palm Beach County Police Benevolent Association, Inc. agrees to indemnify and hold
harmless against any claims, suits, orders, or judgments brought or issued against the City
based on any payroll deductions of dues as provided for in this Article.
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Benevolent Association, Inc. may bring as many officials as deemed necessary. Prior to the
meeting, both parties agree to identify who will be present.
ARTICLE 8
PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION, INC. REPRESENTATION
8.1: The Employer agrees to recognize elected officers and Union Representatives of the Palm
Beach County Police Benevolent Association, Inc. The Employer agrees that during the terms
of this Agreement it will deal only with such authorized representatives in matters requiring
official action by the parties in accordance with this Agreement.
8.2: The Palm Beach County Police Benevolent Association, Inc. shall appoint (2) bargaining unit
members to serve as the Unit Representatives and the Alternate Unit Representatives for all
employees. The Unit Representatives and the Alternate Unit Representatives shall be City
employees on payroll status and shall be responsible for labor relation activities associated with
the administration of this Agreement. Furthermore, Unit Representatives shall be responsible
for the coordinating and processing of grievances for all the Local Union members, and shall
conduct activities to avoid overlapping or duplicating services of any other union
representatives. These activities shall be conducted without disrupting the work of any City
employee.
8.3: The Palm Beach County Police Benevolent Association, Inc. agrees that Unit Representatives
shall not be permitted to leave their assigned duty stations during working hours without
authorization of their Supervisor or the Police Chief. The Palm Beach County Police
Benevolent Association, Inc. agrees to conduct all Palm Beach County Police Benevolent
Association, Inc. business outside of normal working hours in order not to disrupt the work of
any City employee. This shall not preclude the grievance procedure from being conducted
during normal working hours.
8.4: The City agrees to allow up to three Representatives of the Palm Beach County Police
Benevolent Association, Inc. who are on duty at the time negotiations take place with the City
and the Palm Beach County Police Benevolent Association, Inc., time away from their regular
duties/shift assignments to participate without loss of wages or benefits as long as it does not
create a manpower/shift shortage. This will be done with the knowledge and permission of the
Police Chief or designee.
ARTICLE 9
BULLETINBOARD
9.1: The City agrees to allow the Palm Beach County Police Benevolent Association, Inc. the use of
a bulletin board of reasonable size and department e-mail for the posting of notices of its
official business pertaining to its members and to other employees. No scurrilous, defamatory,
or otherwise objectionable material will be posted or emailed. The parties agree that the usage
of such bulletin boards and emails will be to promote employee -employer relations, as well as
keep the members and other employees informed of its activities.
9.2: Copies of all materials, notices, or announcements shall be submitted to the Police Chief or
designee, before they are posted. All notices shall be signed by a duly authorized Palm Beach
County Police Benevolent Association, Inc. representative.
9.3: All costs incidental to the preparation and posting of Palm Beach County Police Benevolent
Association, Inc. material will be borne by the Palm Beach County Police Benevolent
Association, Inc.; Pahn Beach County Police Benevolent Association, Inc. is responsible for
posting and removing approved materials on the designated bulletin board and for maintaining
such bulletin board in an orderly condition.
G
A. In order to maintain the security of the City and protect the interests of its citizens, the
parties agree that the City must have the unrestricted right to conduct investigations of
citizen complaints and matters of internal security; provided, however, that any
investigative interrogation of any employee covered by this Agreement relative to a
citizen's complaint and/or a matter of internal security shall be conducted under the
following conditions and in accordance with Florida Statute Chapter 112 which is
incorporated herein in its entirety as a part of this agreement (should Florida Statute 112 be
amended during this Agreement, such amendment shall automatically be incorporated
herein):
(1) The interrogation shall be conducted at a reasonable hour, preferably at a time when
the employee is on duty, unless the seriousness of the investigation is of such a
degree that immediate action is required.
(2) The employee under investigation shall be informed of the nature of the investigation
prior to any interrogation and no later than forty-five (45) calendar days after the
investigation is initiated. The employee shall be informed of the names of all
complainants. All identifiable witnesses shall be interviewed, whenever possible,
prior to the beginning of the investigative interview of the accused officer. The
complaint and all witness statements shall be provided to the officer who is the
subject of the complaint prior to the beginning of any investigative interview of that
officer. An officer, after being informed of the right to review witness statements,
may voluntarily waive the provision of this paragraph and provide a voluntary
statement at any time.
(3) The employee under investigation shall be informed of the rank, name, and command
of the officer in charge of the investigation, the interrogation officer, and all persons
present during the interrogation. All questions directed to the employee under
interrogation shall be asked by and through one (1) interrogator during any one
investigative interrogation only, unless specifically waived by the subject officer.
(4) Interrogation sessions shall be for reasonable periods and shall be timed to allow for
such rest periods as are reasonably necessary. All interrogations shall be held at the
headquarters of the Sebastian Police Department.
(5) At the request of the employee under investigation, he/she shall have the right to be
represented by counsel or any other representative of his/her choice, to be present at
all times during such interrogation.
(6) The formal interrogation of an employee, including all recess periods, shall be
recorded, and there shall be no unrecorded questions or statement.
(7) If the employee under interrogation is under arrest or is likely to be placed under
arrest as a result of the interrogation, he/she shall be completely informed of all
his/her Miranda and/or Garrity v. N.J. rights prior to the commencement of the
interrogation.
(8) No employee shall be ordered or be able to volunteer to submit to any device
designed to measure the truth of his/her responses during questioning.
(9) During interrogations, the employee shall not be subjected to offensive language or
threats of transfer, dismissal, or other disciplinary actions. The interrogator does not
have the right to make a promise of reward as an inducement to answering questions.
(10) During interrogations covered hereunder, questions shall be limited to the
circumstances surrounding the allegations, which are the subject of the investigation.
(11) In the interest of the internal security and fairness to the employee under
investigation (criminal or administrative), the City, employee, and union
employee shall receive back -pay for the period of time that the employee was
on ALWOP.
(4) In the event the employee is terminated from employment, no back -pay shall
be awarded for the period of ALWOP and the date of termination shall be
retroactive to the date ALWOP took effect.
(5) In the event criminal charges are refiled, the ALWOP shall again be invoked.
F. In the event of a criminal conviction, the employee shall remain on ALWOP
during an administrative or internal affairs investigation and, should the
employee be returned to work subsequent to the investigation, no back -pay shall
be awarded to the employee for the period of ALWOP.
G. The period of ALWOP (whether resulting in back -pay or not) shall neither
constitute a punishment, nor preclude any punishment, for a violation of the
City's Personnel Policies, the Department Policies, or the general rules of good
conduct.
(16) During internal investigations, questions shall be limited to the circumstances
surrounding the officer's alleged violation of department rules.
(17) The findings of the internal affairs investigation shall be labeled Sustained (guilty as
charged), Exonerated (act occurred, but was justified), Unfounded (act did not occur),
or Not -Sustained (not guilty). No other terminology may be used.
(18) Only letters of complaints which have been sustained in whole or in part, will be
inserted in an officer's personnel record.
(19) The City shall not discipline any employee without just cause or due process;
however, the City may discharge any probationary employee without just cause or
due process.
(20) Any employee involved in an incident where injury and/or death occurs, shall not be
compelled to make any oral or written statements. The employee shall be given the
necessary time to consult with his/her attorney prior to any oral or written statements
being requested.
A. In any case where the City believes there is just cause for loss of pay or more serious
disciplinary action the employee and the Palm Beach County Police Benevolent
Association, Inc. shall be notified in writing.
B. In the event an employee becomes the subject of a formal departmental or City
investigation arising from a complaint or allegation, the department or the City, whichever
is appropriate, shall individually notify the employee of the complaint. Upon conclusion of
the formal investigation, the employee will be notified of the disposition of the complaint.
11.2: Notice of Disciplinary Action — No dismissal, demotion, transfer, reassignment, or other
personnel action which might result in loss of pay or benefits or which is taken purely as a
punitive measure shall be taken against any law enforcement officer unless such law
enforcement officer is notified of the action and the reason or reasons therefore prior to the
effective date of such action.
11.3: Retaliation for Exercising Rights — No law enforcement officer shall be discharged; disciplined;
demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in
regard to his/her employment or be threatened with any such treatment by reason of his/her
exercise of the rights granted in this Article.
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12.4: At any time after the City has undertaken the defense of an employee in a civil damage suit, the
employee, at his/her own expense, may, with the permission of the City, hire counsel of his/her
own choice and substitute that counsel, with the consent of the applicable court, for the counsel
provided by the City without affecting the employee's rights to indemnification under Section 3
of this Article.
12.5: The employee agrees to cooperate fully with the City if the City undertakes the defense of the
employee. Failure to cooperate shall relieve the City of its obligation to defend or indemnify
the employee.
ARTICLE 13
MANAGEMENT RIGHTS
13.1: The Palm Beach County Police Benevolent Association, Inc. agrees that the City has and will
continue to retain, whether exercised or not, the right to operate and manage its affairs in all
respects except as modified by other articles of this Agreement. The rights of the City, through
its management officials, shall include but not be limited to the following:
A. To determine the organization of the City Government.
B. To determine the purpose of each of its constituent departments.
C. To exercise control and discretion over the organization and efficiency of operations of the
City.
D. To set standards for service to be offered to the public.
E. To manage and direct the employees of the City including the right to assign work and
overtime, and to establish, modify, or change rules and regulations applicable to employees
covered by this Agreement.
F. To hire, examine, classify, promote, train, transfer, and assign, employees in positions with
the City.
G. To suspend, demote, discharge, or take other disciplinary action and impose sanctions for
just cause involving deficiencies in performance and/or deficiencies in conduct.
H. To increase, reduce, change, modify, or alter the composition of the work force, including
the right to relieve employees from duties because of lack of work and/or lack of funds.
I. To determine the location, method, means, and personnel by which operations are to be
conducted, including the right to determine whether goods or services are to be made or
purchased or to be contracted out or subcontracted.
J. To determine the number of employees to be employed by the City.
K. To establish, change, or modify the number, types, and grades of positions or employees
assigned to an organization, department or division thereof, or project.
L. To establish, change, or modify duties, tasks, and responsibilities or requirements within
job classifications that are not terms and conditions of employment in the interest of
efficiency, economy, technological change, or operating requirements.
13.2: The City Council has the authority and obligation to determine the purpose and mission of the
City and the amount of budget to be adopted.
13.3: If, at the sole discretion of the City, it is determined that a civil emergency condition exists
including but not limited to strikes, work stoppages, riots, civil disorders, hurricane conditions,
or similar circumstances, the provisions of this Agreement may be suspended during the time of
the declared emergency, provided that wage rates and insurance shall not be suspended.
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Completed Years of Service
15.5.
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
10/1/12025
59,00O.00
60,180.0O
61,383.60
62.611.27
63,863.50
65,140.77
66,443.58
67, 772.45
69,127.90
70,510.4'6
71,920.67
73, 359X8
74,826.27
76,322.79
77,849.25
79,406.23
80,994.36
82, 614.24
84, 266.53
85�''951.86
87,670.90
89y424.31
'91, 212.80
93,+037.,06
'94,897.80
'96, 795.75
10/1/2026
&Q,770.O0
61, 985.40
63, 225.11
64,489.,61
6'S,779.40
67,094.99
68,436,89
69,805.63
71,201.74
72,625.78
74,078.29
75,55'9.86
77,071.05
78, 612.47
80,184.72
81, 7SS.42
83,424.19
85,092.67
8.6, 7134.5 2
89,5 30.41
90, 301.02
92,107.04
133,949.18
'95.,828.17
,97,744.73
'9'3, 6'99.63
10/1%2027
62,593.10
63,,844.96
65,121.86
66,424.30
67,752.78
69,107.84
70,490.00
71,999.80
73,337.79
74,8'Q4.55
76, 300.64
77,826.65
79,383.19
80,970.85
82,59Q.27
84,242.07
55,926.91
87,645.45
99,399.36
91,186.33
93,010.05
134,970.26
136,767.66
98, 703.01
99, 699.63
99,699.63
Officers and Sergeants, who receive State incentive money for training and education,
excluding Corrections courses, will receive an amount from the city up to $1,560 annually. The
amount is established by Florida Statute 943.22.
15.6. The Chief of Police is authorized to place newly hired police officers up to step 6 in the plan
based on their previous education, training and experience to exercise lateral entry. These
bargaining unit members will continue to advance based on completed years of service plus
steps given when hired.
15.7: In the event a Police Officer is promoted to the job classification of Sergeant, the promoted
employee shall be entitled to fifteen percent (15%) above their current base salary in the Officer
step plan.
15.8 For the term of this agreement, bargaining unit members who reach the max of the pay scale
shall be given a lump sum payment of 3% on October 1" the following year and a 2% lump
sum payment on their next Anniversary Date.
15.9. All investigators shall receive a non -uniformed clothing allowance in a bi-annual amount of
four hundred ($400) dollars payable in two lump sum payments of four hundred ($400) on the
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may be conducted through the department of Human Resources at any time not to exceed once
(1) a year.
Upon successful completion of testing through Department of Human Resources, any Law
Enforcement Officer Personnel who are proficient in one or more non-English language(s) to
include American Sign Language (ASL) shall receive a salary augmentation in the amount of
one -thousand dollars ($1,000) annually to be paid in twenty-six (26) installments.
ARTICLE 18
INJURY PAY AND LIGHT DUTY ASSIGNMENTS
18.1: Any regular full-time employee who sustains a temporary disability as a result of and arising
out of employment by the City as provided by the Worker's Compensation Law of the State of
Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be
entitled to the following:
A. During the first eighty (80) working days of such disability, the employee shall receive net
supplemental injury pay based upon his/her normal base pay reduced by the Worker's
Compensation indemnity payment. The supplemental pay will be based on the following:
a. WC Physician states Employee unable to work or City cannot provide limited duty
work — City will pay full 1/3 of supplemental pay.
b. WC Physician states Employee can perform Limited duty but Employee's second
opinion states Employee cannot work, Employee pays 1/3 of Supplement.
c. City provides limited duty work but Employee declines, City does not pay the 1/3
supplemental pay. Employee will pay the 1/3 supplemental pay.
In the event the employee is absent for the first seven (7) days of a work injury, the
employee will reimburse the City for the first seven days after they receive the WC
payment.
B. The employee may utilize any accrued sick or other paid leave in order to receive
supplemental pay based upon his/her normal base pay reduced by the Worker's
Compensation indemnity payment until such sick or other paid leave is exhausted.
C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of
absence to the employee for a period not to exceed one year.
18.2: If any employee is temporarily or partially disabled from performing the duties of his/her
classification, but is determined to be able to perform light duty by a physician designated by
the City, the employee may be required to perform such duty or lose the employment connected
net supplemental injury pay. Assignment to light duty shall be considered a temporary
assignment, without reduction in pay. Such a reassignment shall be to other duties
commensurate with medical and mental fitness, subject to availability of suitable work, and the
employee's qualifications for the position. However, an employee shall not be permitted to
continue in a light duty position after reaching his/her maximum medical improvement or for a
period that exceeds one year.
18.3: Any employee who suffers an employment connected injury may be required by the City to be
examined every twenty (20) working days by a medical doctor, specified and provided by the
City, who shall determine the employee's condition and fitness for full or partial return to duty.
18.4: No employee will be entitled to the net supplemental injury pay with the benefits described
herein if the injury suffered has been determined to have been the result of intentional self -
infliction or where the disability or illness continues as a result of the employee's failure to
cooperate with medical advice or corrective therapy.
18.5: While receiving employment connected net supplemental injury pay, an employee shall be
entitled to all benefits which he/she would normally receive pursuant to his/her employment
may be allowed to substitute that amount of pay instead of vacation, compensatory time or
personal leave for such period, provided that the court appearance meets the requirements of
Section 1. of this Article.
ARTICLE 22
BEREAVEMENT LEAVE
22.1: Time Off Provision — When there is a death in an employee's immediate family, that employee
shall be granted a Bereavement Leave per the approval of the Department Head or their
designee. Bereavement Leave is as follows: 3 Consecutive Days in the State of Florida and 5
Consecutive days out of state. All paid Bereavement Leave must be taken within 14
Consecutive calendar days of the death, unless prior approval is received from the Chief of
Police in writing. Bereavement leave will be commensurate with scheduled shift hours.
22.2: Bereavement Leave will not be charged against sick leave, vacation, compensatory, personal
leave or holiday time.
22.3 The employee's immediate family is defined as the employee's spouse/domestic partner,
children (Including Sten Children. sunoorted b` a marriage certificate)., parent/step parent,
father-in-law, mother-in-law, brother, sister, grandchildren, or grandparents, spouse/domestic
partner's grandparents or any relative who is domiciled in the employee's household.
22.4: For non -immediate family, employees have the option to use accrued vacation leave,
compensatory time or personal leave, for the attendance of funerals. Employees will supply
their supervisor with written notification for this request in as timely a manner as possible. The
supervisor will make every effort to comply with the provisions of this section. In the event that
the employee does not have any accrued vacation, compensatory, or personal leave they may
request to use sick leave or leave without pay.
22.5 Within thirty- (30) calendar days from the date the employee returns to work from such
absence, the employee will file a copy of the death certificate of the deceased. Said death
certificate will be attached to a leave request form and forwarded to the Department of
Administrative Services, Human Resources for processing. Failure to produce a death
certificate will result in the employee reimbursing the City for any paid leave taken under this
Article. Any employee found to have falsified his or her application request for Bereavement
Leave to use this time -will be disciplined up to and including dismissal. It is understood that
under certain circumstances the employee will be unable to obtain a death certificate. In this
event, in lieu of a death certificate, the employee shall submit a newspaper account showing the
death and the relationship of the deceased to the employee and/or other appropriate criteria as
deemed appropriate by the Human Resources Director.
22.6 Any absence in excess of forty (40) hours in connection with approved Bereavement Leave
may be charged to accrued vacation leave, compensatory time or personal leave, at the
employee's option.
ARTICLE 23
MILITARY LEAVE
23.1: City agrees to grant request for leave of absence with or without pay in accordance with Florida
State Statute 115.07 — Officers and employees' leave of absence for reserve or guard training.
Per the Statute, leaves of absence granted as a matter of legal right under the provisions of this
section may not exceed 240 working hours in any one annual period. Administrative leaves of
B. Employees, after having completed ten (10) years of continuous services with the City, will
receive a lump sum bonus of $1,500. This bonus will be paid the first full payroll period
following their ten-year anniversary date.
C. Employees, after having completed fifteen (15) years of continuous services with the City, will
receive a lump sum bonus of $2,000. This bonus will be paid the first full payroll period
following their fifteen -year anniversary date.
D. Employees, after having completed twenty (20) years of continuous services with the City, will
receive a lump sum bonus of $2,500. This bonus will be paid the first full payroll period
following their twenty-year anniversary date.
E. Employees, after having completed twenty-five (25) years of continuous services with the City,
will receive a lump sum bonus of $3,000. This bonus will be paid the first full payroll period
following their twenty -five-year anniversary date.
F. Employees in a part-time or temporary status at the time of their relevant anniversary date will
not be eligible for longevity increases.
ARTICLE 27
BASIC WORKWEEK AND OVERTIME
27.1: Fourteen (14) days shall constitute a normal work period for the employees covered by this
Agreement, starting at 12:01 a.m. Sunday and ending at 12:00 midnight on Saturday fourteen
days later. Nothing herein shall guarantee an employee payment for eighty (80) hours of work
in any work period unless the employee actually works eighty (80) hours in the work period.
For the purposes of this Agreement, approved leave shall mean any leave compensated by the
City. The City agrees to provide a minimum 30-day notice if it is determined that the current
work schedule should be modified. The Palm Beach County Police Benevolent Association,
Inc. reserves the right to negotiate any changes to the work schedule.
27.2: Hours worked in excess of eighty (80) hours in a fourteen (14) day work period shall be
compensated at the rate of time and one-half (1 1/2) of the employee's regular, hourly wage.
27.3: For the purposes of overtime compensation, time spent by an employee on personal leave,
vacation leave, sick leave, funeral leave, jury leave, military leave, or any other approved paid
leave shall be considered time worked.
27.4: If any employee has accrued overtime and desires to bank compensatory time at a rate of time
and one-half (1-1 /2) rather than be paid for the overtime, the employee shall, prior to the end of
the fourteen (14) day work period in which the overtime was credited, advise his/her supervisor
of his/her desire to bank compensatory time in lieu of pay.
27.5: The Division Commanders shall attempt to accommodate the desires of an employee as to the
time off desired, work schedules and conditions permitting. If no compensatory time is
requested, then the employee shall be paid at the overtime rate of time and one-half (1-1/2).
Employees may bank up to one hundred and twenty (120) hours of compensatory time. Any
unused time as of the last full pay period of each fiscal year will be paid to the employee in the
next payroll check.
OR
ARTICLE 30
LAYOFF AND RECALL
30.1: Definition — A layoff is a reduction in the number of employees within the Department due to
lack of work, lack of funds, or for any reason other than the acts or delinquencies of the
employee. The City will lay off employees as herein provided.
30.2: Order of Layoff — In the event of a layoff for any reason, employees shall be laid off in inverse
order of their seniority in their classification as defined in Article 29, Seniority. An employee
to be laid off who has advanced to his/her present classification from a lower classification in
which he/she held a permanent position shall be given a position in the lower classification
within the department. His/her seniority in the lower classification shall be established
according to the date of his/her permanent appointment to that classification including time
accrued at a higher classification.
30.3: Employees shall be recalled from layoff according to the seniority in the classification from
which the employees were laid off. No new employee shall be hired in any classification until
all employees on lay-off status in that classification have had an opportunity to return to work.
30.4: The City is not obligated to recall an employee after he/she has been on layoff for a period of
one (1) year.
30.5: Bargaining unit members shall be notified of their recall to work by phone. If direct contact to
the former bargaining unit member is not made, a registered letter will be mailed to their
address of record. Within three (3) calendar days after receipt of a notice of recall, recalled
employees who desire to return to work must notify the Employer in writing to advise that they
intend to return to work, or they will lose their recall rights. Recalled employees must return to
work fit for duty within ten (10) working days of the receipt of a recall notice, or they will lose
their recall rights.
30.6: An employee laid off pursuant to this Article shall be given the opportunity to continue medical
insurance coverage in the existing program during the lay-off period for up to one (1) year
provided that the premium for such insurance program available under the Insurance Policy
shall be paid 100% by the bargaining unit member on a monthly basis (20' of the month) in
advance of the month due. The coverage does not include the Health Savings Account (HSA
Card), Dental or Vision Plan.
30.7: Recall will be at the current rate of pay for the classification but not lower than when the
employee was laid off. Previously canceled group health insurance may be reinstated upon the
employee's return to active duty consistent with the plan's requirements. In addition, any
balances of accrued vacation or sick leave not previously paid will be reinstated and the accrual
rate from the date of return to active duty will be at the accrual rate enjoyed at the date they
were laid off.
ARTICLE 31
PROMOTIONAL EXAMINATIONS
31.1: Eligibility for Promotion to Sergeant:
a. The candidate must have completed at least four (4) consecutive years of service as a
City of Sebastian Police Officer based on their most recent date of hire.
b. The candidate must not have received any disciplinary suspension within the past two (2)
years.
31.2: Promotional testing will be conducted when a budgeted Sergeant vacancy exists and there is no
active eligibility list. The Human Resources Director or designee will coordinate the process in
collaboration with the Chief of Police.
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21) GO 2101: Departmental Inspection and Control
22) GO 1105: Juvenile Operations
23) GO 0701: Operation of Emergency Vehicles
24) GO 1212: Victim Assistance Program
25) GO 0705: Special Response Team (SRT)
26) GO 1055: Evidence and Property Control
iii. The "Florida Criminal Law and Motor Vehicle Handbook", current edition
published by LexisNexis Law Enforcement Publications. The section to be
used from this text will be the "Florida Legal Guidelines" (38% of the initial
100 questions).
iv. The Collective Bargaining Agreement (CBA) (12% of the initial 100
questions).
c. A score of at least 70% is required to proceed to the Oral Review Board.
d. All applicants will be notified of their pass or fail status by email at the same time as
the posting.
e. The Chief of Police and the Human Resources Director or designee will be the only
individuals with access to the test scores until a selection is made for a vacant
position.
f. To move from the written examination to the oral review board, a candidate must
score at least a 70%. The score will be multiplied by .60 to obtain the 60% value to
be added to the oral review board.
g. The oral review board shall consist of three (3) Lieutenants (or higher) from other
agencies and (1) representative from the City of Sebastian's Police Administration
selected by the Chief of Police. The oral review board shall consist of law
enforcement scenario type questions that shall be approved by the Chief or his
designee. Each candidate shall respond to (5) scenarios. Each scenario shall be rated
0 — 10 points by each evaluator. The resulting score will then be multiplied by .40 to
obtain the 40% total value [Raw score - 200) x 40 = weighted score]. Each candidate
is eligible to earn up to a total of 40 points to be added to their cumulative score.
31.4: After all testing is complete; all scores will be added together to get an overall total for the
promotional examination process. An eligibility list will be established in accordance with
each candidate's ranking. Tie scores for places 1-3 will be counted individually; however, all
applicants with a tie score for the third (3rd) position will be accepted.
31.5.: The Police Chief shall select any one of the top three (3) candidates on the eligibility list after
interviewing all three candidates. When considering the top three candidates, the Police Chief
may consider additional factors such as educational background, years of service to the agency,
experience in special assignments, evaluation and disciplinary history, and other information
that would help determine the best fit for the department's needs.
31.6: Examination and Posting Requirements:
A. Announcement of examinations will be posted 60 days in advance of the written
examination, which includes the posting and application time.
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A. A request for vacation leave shall be submitted in writing to the employee's immediate
supervisor for signature and will proceed up the chain of command to the Police Chief.
B. A request for leave shall not be granted if the employee has no accrued balance of vacation
leave. Vacation leave shall not be used in advance of its being earned.
C. The minimum charge against the accrued vacation leave balance will be in increments of
fifteen (15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued
vacation leave balance for each quarter hour, or part thereof that an employee is actually
absent from his/her duty station.
D. Vacation leave shall not be taken in advance of its approval by the Police Chief or his
designee.
33.4: Use of Vacation Leave
A. Vacation leave may be used for the following reasons:
1. Vacation
2. Absences from duty for transaction of personal business that cannot be conducted
outside of working hours.
3. Religious holidays not designated as official holidays.
4. Medical leave if sick leave balance has been exhausted.
5. Any other absences not covered by existing leave provisions, at the discretion of
the Police Chief.
B. Any employee who becomes sick while on vacation leave may substitute accrued sick
leave for vacation leave for the period of illness. The employee shall supply appropriate
certification from a physician as to the nature and duration of the illness.
C. Employees will not be allowed to carry over from one fiscal year to the next more than two
(2) years' worth of accrued vacation leave. If during the year the employee accrues more
than two (2) years' worth of vacation leave, they will have until the last full payroll
period in the fiscal year to bring their time balances down to the two (2) year maximum.
If the employee does not bring the time balance down to the two (2) year maximum by
the last full payroll period of each fiscal year, they will forfeit all hours in excess of the
two (2) year maximum carryover.
33.5: Vacation Leave Cash -in:
(a) Employees will not have the option of cashing in vacation annually but will have the
ability to cash out when the employee retires.
33.6: Separation from Employment
(a) Employees hired prior to October 1, 2022, upon separation from employment in good
standing (resignation or retirement, with a two -week notice or medical separation) with
five (5) or more completed years of consecutive employment will be eligible to be paid
for his/her accrued balance of vacation leave up to a maximum of 400 hours.
(b) Employees hired on or after October 1, 2022, shall be entitled to be paid a percentage of
his/her accrued balance of vacation leave up to a maximum of 240 hours. The percentage
is as follows:
• If separated before completing the first year —
0%
• 1 Year but less than 5 Years completed
- 25%
• 5 Years but less than 10 Years completed
- 50%
• 10 Years but less than 20Years completed
- 75%
• Over 20 Years
- 100%
(c) Vacation leave will not be approved or paid during an employee's last two (2) weeks of
employment, except in the case of an emergency. An employee requesting paid vacation
leave will be required to furnish proof of the emergency or a doctor's note verifying that
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C. Sick leave may not be used for absences due to illness or injury sustained while engaged
in outside employment.
D. The minimum charge against accrued sick leave balance will be in increments of fifteen
(15) minutes. Fifteen (15) minutes shall be deducted from an employee's accrued leave
balance for each quarter hour, or part thereof that an employee is actually absent from
his/her duty station.
34.5 Sick Leave Cash -in
Employees will have the option of cashing in up to sixty (60) sick leave hours per year if the
following requirements are met:
(a) The employee has a minimum balance of four -hundred eighty 480 hours after the cash -in.
(b) Request for cash -in must be submitted to the Administrative Services Department by the last
full payroll period of each fiscal year. Payment will be made within the first paycheck issued
in December.
34.6: Separation from Employment:
(a) Employees hired prior to October 1, 2022, upon separation from employment in good
standing (resignation or retirement with a two -week notice or medical separation)
will be eligible to be paid for his/her accrued balance of sick leave up to a maximum
of 600 hours at the following percentages:
• If separated before completing the first year —
0%
• 1 Year but less than 5 Years completed
- 25%
• 5 Years but less than 10 Years completed
- 50%
• 10 Years but less than 20Years completed
- 75%
• Over 20 Years
- 100%
(b) Employees hired on or after October 1, 2022, may accrue up to 480 hours. This is to
allow for Family Medical Leave. The 480 hours are not paid out when the employee
separates from the City.
(c) Sick leave will not be approved or paid during an employee's last two (2) weeks of
employment, except in the case of an emergency. An employee requesting paid sick
leave will be required to furnish a doctor's note verifying that the employee was
medically unable to report to work. Failure to provide this documentation will result
in no pay for the day(s) in question.
ARTICLE 35
PERSONAL LEAVE
35.1: Eligibility — Each regular full-time member shall be entitled to twenty-four (24) working hours
of personal leave per year, plus an additional eight (8), ten (10) or twelve (12) working hours
based on their assignment on October 1st
A. Employees starting during the year will get a pro-rata portion of the personal leave
hours. Those starting during the first three months of the fiscal year receive thirty-two
(32), thirty-four (34) or thirty-six (36); the second three months twenty-four (24), twenty-
six (26) or twenty-eight (28); the third three months sixteen (16), eighteen (18) or twenty
(20); and the last three months eight (8), ten (10) or twelve (12).
36.9 While an employee is on a leave of absence, accrual of classification seniority is suspended
until the employee returns to active duty.
ARTICLE 37
GRIEVANCE PROCEDURE
37.1: In a mutual effort to provide a harmonious working relationship between the parties to these
grievances between the parties and that such procedure shall cover grievances involving the
application or interpretation of this Agreement, and grievances involving discharge, suspension,
demotion, or any other adverse personnel action against an employee covered by this
Agreement.
37.2: Every effort shall be made by the parties to settle every grievance as expeditiously as possible.
Any grievance not answered by Management within the prescribed time limits shall
automatically advance to the next highest step. Should the grieving party fail to observe the
time limits as set forth in the steps of this Article, his/her grievance shall be considered
conclusively abandoned. All references to days in this procedure are to calendar days, unless
otherwise specified. The time limits specified in this Article may be extended by mutual
agreement in writing of the parties.
37.3: Where a grievance is general in nature, in that it applies to a number of employees rather than a
single employee, or if the grievance is directly between the Palm Beach County Police
Benevolent Association, Inc. and the City, such grievance shall be presented in writing, directly
to the Police Chief, Step 3, within ten (10) days of the occurrence of the event(s). If the
grievance has not been settled to the satisfaction of the grievant(s), then the grievance may be
appealed to the City Manager, Step 5.
374: Grievances shall be presented in the following manner:
Step 1. The grievant(s) shall present and attempt to resolve any grievance with the immediate
supervisor within ten (10) days of the occurrence of the event(s) which gave rise to
the grievance or from the date on which the grievant(s) became aware of the cause of
the complaint. If the event(s) which give rise to grievance occurred during the time
when the grievant(s) was on vacation leave, sick leave, or other compensated leave,
the ten (10) day period shall commence running immediately upon return to duty.
The first step shall be on an informal and oral basis; however, the employee may
arrange to have Palm Beach County Police Benevolent Association, Inc.
representation present during the discussion. Within ten (10) days after the
discussion, the immediate supervisor shall reply to the affected employee and Palm
Beach County Police Benevolent Association, Inc. representative, in writing, of the
decision.
Step 2. If the grievance has not been resolved to the satisfaction of the covered employee at
Step 1, the grievance shall be reduced to writing on the standard grievance form,
attached as Appendix A, signed by the employee and presented to the next level of
supervisor, the Division Commander, no later than ten (10) days after the immediate
supervisor's response was rendered in Step 1. The grievance as specified in writing
shall be discussed by and between the employee, Palm Beach County Police
Benevolent Association, Inc. representative if applicable and the Division
Commander within ten (10) days after the request for the Step 2 grievance hearing.
The Division Commander shall reply to the affected grievant(s) in writing, of the
decision within ten (10) days after the close of the meeting.
Step 3. If the grievance has not been resolved to the satisfaction of the grievant(s) at Step 2,
the grievance may be appealed to the Police Chief no later than ten (10) days after the
response was rendered in Step 2. General grievances applying to a number of
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F. The Palm Beach County Police Benevolent Association, Inc. shall have the right to initially
file grievances in the third step of the grievance procedure and advance to the fifth step if
they choose in any non -disciplinary matter involving the interpretation or application of
this Agreement, provided however, that this right shall be strictly limited to those matters
where the Palm Beach County Police Benevolent Association, Inc. can factually
demonstrate:
a. That the matter is covered by a provision of the Agreement; and
b. That the matter involves the interpretation or application of that provision; and
c. The grievance does not seek to add to or subtract from any provision of this
Agreement.
ARTICLE 38
ARBITRATION
38.1: If no satisfactory agreement of a grievance has been reached under the procedure in Article 37,
and the grievance or dispute relates to the determination of rights and obligations conferred or
created by this Agreement, and a written request for arbitration is made within fifteen (15)
calendar days after the final answer in Step 5 of the grievance procedure, such dispute shall be
submitted for final and binding arbitration in accordance with the following procedure.
38.2: The City and the grievant(s) shall, within ten (10) calendar days of the request to arbitrate, meet
to mutually agree upon an arbitrator. In the event an impartial arbitrator cannot be mutually
agreed upon, the parties may select an arbitrator from a Federal Mediation and Conciliation
Service (FMCS) panel or panels of not less than seven (7) names. In the event that either party,
before striking of names occurs, feels that the panel is unsatisfactory, that party shall have the
right to request one (1) additional panel. Within ten (10) calendar days of receipt of the panel,
the arbitrator shall thereafter be selected from the panel of arbitrators by alternate striking of
names until one (1) name remains. The party who strikes first shall be determined by the toss
of a coin by the City. The City will promptly notify the arbitrator of the appointment.
38.3: The arbitration shall be conducted at City facilities within the City of Sebastian and under the
rules set forth in this Agreement and shall proceed as follows:
38.4: Upon notification of appointment, the arbitrator shall communicate with the parties as soon as
practicable to arrange for the date and place of hearing; or, if questions of material fact are not
at issue, to arrange for the joint submission of stipulations of fact and relevant documentation
concerning the grievance.
38.5: If no hearing is to be conducted, each party shall submit to the arbitrator its statement of
position regarding the grievance. Prior to the date of hearing or submission of documents, the
parties shall, jointly or separately, provide the arbitrator with a written statement of the issue or
issues to be resolved in the arbitration proceeding.
38.6: The arbitrator shall have exclusive jurisdiction and authority to resolve grievances as defined in
this Agreement. The arbitrator shall have the authority to issue subpoenas enforceable in any
court of competent jurisdiction and shall administer oaths to all witnesses testifying in any
proceeding.
38.7: The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise
alter or supplement this Agreement or any part thereof or amendment thereto.
38.8: The arbitrator shall have no power to consider or rule upon any matter which is stated in this
Agreement not subject to arbitration or which is not a grievance as defined in this Agreement or
which not covered by this Agreement.
38.9: Except as provided in Section 3.2, the decision of the arbitrator shall be based solely upon the
evidence and arguments presented by the respective parties in the presence of each other.
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41.2: If the medical insurance is declined, the employee will receive $200.00 per month ($100.00
paid twice a month).
41.3: In the event that the premium rate for dependent group coverage increases, the Employer agrees
to notify the Palm Beach County Police Benevolent Association, Inc. as soon as is practicable.
The Palm Beach County Police Benevolent Association, Inc. agrees that the Employer may, at
its discretion, obtain substitute insurance coverage from another carrier or require each covered
employee to contribute his/her pro-rata share of the increased premium cost for dependent
coverage, whichever may be applicable. In the event that the carrier increases the premium rate
for dependent group insurance coverage, the parties agree to abide by Sections 40.3 and 40.4 of
this article.
41.4: Any eligible employee who elects to participate in the group insurance dependent coverage
option plan will pay no more than sixty percent (60%) of the cost of the premium. The
insurance premium may change each fiscal year based on renewal rates. The employee shall
pay any additional supplemental insurance that is optional coverage to the employee.
41.5: Employees who retire or leave the City with twenty (20) years or more of continued service are
eligible to continue their health insurance only for a maximum of 2 years and The City will pay
no less than forty (40%) of the costs of single group medical coverage. This means the retired
employee who has 20 years of continuous service will pay no more than sixty percent (60%) of
the insurance premium for single coverage. The insurance premium may change each fiscal
year based on renewal rates. If the retired employee wishes to continue Dental, Vision and Life
Insurance for the 2 years, the retired employee will pay 100% of the cost. The Health Savings
Account (HSA) is not part of the retirement insurance.
ARTICLE 42
CLOTHING MAINTENANCE, EQUIPMENT AND VEHICLES
42.1: The present practice of the City's Police Department in regard to furnishing uniforms shall be
continued. The City will provide the required equipment as needed at no cost to the employee.
42.2: Any employee who shall receive breakage, loss or damage to any of above listed equipment, in
the line of duty, shall have such equipment replaced at no charge to the bargaining unit
member.
42.3: Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced
according to the following schedule; wrist watch, not to exceed replacement cost or $60,
whichever is less; eyeglasses up to $200; and miscellaneous items not to exceed $100 in the
aggregate. As to all items listed, each employee shall submit a detailed list of such items,
including miscellaneous items, for filing with the Police Chief. Items not listed shall not be
replaced at the cost of the City. When any such item is changed, it is the responsibility of the
employee to amend his/her list on file with the Police Chief.
42.4: Each employee will be reimbursed up to $45.00 per month (Receipts required) for uniform
cleaning, unless the employee is on a leave of absence, such as Sick Leave, Workers'
Compensation, etc. for any extended period. The reimbursement will be paid in the next pay
period.
42.5: The City agrees to provide take home vehicles to all bargaining unit members who have
completed their field training program and are operating as solo officers. This vehicle take
home program will be extended to all bargaining unit members who reside within a 20-mile
radius of the Sebastian Police Department. The Police Chief may waive the 20-mile restriction.
Police Vehicles assigned to a police officer becomes that officer's responsibility. It will be the
officer's responsibility to maintain the vehicle in a clean and orderly condition and to ensure all
scheduled or needed maintenance is performed. Each police vehicle shall be checked by the
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tuition, required books, or lab fees to the Police Chief. Reimbursement for tuition shall be
made in accordance with City policy for reimbursements. The employee's personnel record
will be documented with his/her education achievement. Textbooks shall become City property
at the completion of the course and turned over to the Police Chief or his designee.
43.5: Transportation — Transportation under the Tuition Payment Plan shall be at the employee's
expense.
43.6: The reimbursement shall be available for a maximum total of twenty -for (24) semester hours or
thirty-two (32) quarter hours in any one (1) fiscal year period for eligible regular employees
pending budget authorization and availability of funds. The maximum tuition rate to be
reimbursed for participating in the City's Tuition Payment Plan for college -level courses is that
established annually by the Florida State Legislature for state supported schools. Should an
employee select to attend a non -State school, he/she is responsible for the difference in tuition.
Any employee receiving a scholarship or grant for education will not be eligible for the
education reimbursement funds if the funds exceed the City's tuition.
43.7: Service Requirement —Employees who are reimbursed for such courses, agree to remain
employed by the City of Sebastian for at least three (3) years after completion of the course(s).
Should an employee leave the City service within three (3) after completion of the course(s),
he/she is required to return any payments to the City or it will be deducted from his/her final
paycheck.
43.8: City Mandated Education Courses — If the City requires an employee to attend an educational
course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging
in accordance with the City's Travel Policy.
ARTICLE 44
HEALTH & SAFETY
44.1: CONTAGIOUS DISEASES
The City shall provide each employee with vaccination series for Hepatitis at no expense to the
employee.
ARTICLE 45
TRAINING
45.1: The City agrees to make a good faith effort to promote on-the-job training for the purpose of
improving the performance of employees, aiding employees to equip themselves for
advancement to higher positions and greater responsibilities, and improving the quality of
service rendered to the public.
45.2: Where the City requires any employee to attend supervisory training and/or training in
specialized techniques, the City will make every reasonable effort to facilitate the employee
attending such training during his/her normal working hours. In the event the City is unable to
schedule the employee to attend such training during his/her normal working hours, the
employee shall be required to attend such training during his/her off -duty hours; provided,
however, that the time spent by the employee in such training during his/her off -duty hours
shall be compensated in accordance with Article 27 of this Agreement. Travel time shall not be
compensated.
45.3: All sworn officers will be required to train and qualify with their service weapon on a semi-
annual basis. A certified arms instructor shall conduct the training. The City shall furnish all
ammunition and safety equipment. Any employee required to attend such training during
his/her off -duty hours will be compensated in accordance with Article 27 of this Agreement.
Travel time shall not be compensated.
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49.3 Cost -of -Living
(a) Normal Retirement Benefit
(1) The amount of the monthly retirement income payable to a member hired prior to
October 12011 who retires on or after his normal retirement date shall be an amount equal to
the number of years of credited service multiplied by three (3) percent of his average final
compensation.
(2) For members hired on or after October 1, 2011, the amount of the monthly retirement
income payable to a member who retires on or after his normal retirement date shall be an
amount equal to the number of years of credited service multiplied by two (2) percent of his
average final compensation for the years of credited service beginning on or after April 11,
2012 and ending October 1, 2016 and three (3) percent of average final compensation for all
credited service before April 11, 2012 and after October 1, 2016.
(3) Future retirees with a minimum of fifteen (15) years of credited service shall receive a one
percent (1%) automatic cost -of -living adjustment beginning on the first October 1 following
the attainment of age fifty-eight (58). The COLA is applicable to all forms of retirement,
including normal and early retirement, terminated vested, disability retirees and pre -retirement
death beneficiaries.
49.4 Optional Forms of Benefits - For members who do not participate in the DROP pursuant to
Section 58-70.3, the member may elect a percentage of benefit in a lump sum per the Ordinance.
49.5 Military Service, Police Service Prior to Employment
(a) The City will follow the City's Ordinance 0-17-01 amended by 0-17-03 Section 58-70.1 and
Section 58-70.2
49.6 Deferred Retirement Option Plan (DROP)
(a) The City will°follow the City's Ordinance 0-17-01 amended by 0-17-03 Section 58-70.3
49.7 Reemployment after Retirement
(a) The City will follow the City's Ordinance 0-17-01 amended by 0-17-03 Section 58-70.4
49.8 Any payment made to employees, pursuant to Articles 33.2, 33.6 and 34.5, for accrued vacation
and/or sick leave shall not be used in calculating pension benefits, unless those hours were accrued
prior to October 1, 2011. If an employee accrued vacation and/or sick leave prior to October 1,
2011, those hours shall be calculated into the pension benefit formula, at the time of separation, in
accordance with the following provisions:
A. As part of the pension calculation formula, the employee's rate of pay in effect on
October 1, 2011 shall be the hourly wage factor.
B. As part of the pension calculation formula, provisions from Articles 33 and 34, which
govern maximum vacation and/or sick leave accruals, shall be in effect for potential
benefit accruals.
C. Vacation and/or sick leave accruals eligible for the pension calculation shall be capped at
an amount equal to eligible accruals as realized by the employee on October 1, 2011 or
the accruals paid upon termination, whichever is less. Should vacation and/or sick leave
accruals decrease below the capped amount, accruals used for the pension calculation
shall not increase and the lower accrual amount will be used in the pension calculation
formula.
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