HomeMy WebLinkAboutCAG1999-0373 - Original - Kent Police Officers Association (KPOA) - Police Sergeants and Officers: 1999-2001 Labor Agreement - 01/01/1999 CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE SERGEANTS AND OFFICERS
1999 - 2001 LABOR AGREEMENT
(p:\union\pofficer\contract\1999 Contract Final.doc 01/22/99)
TABLE OF CONTENTS
Page No.
PREAMBLE.................................................................................................................................................. 1
ARTICLE 1 -RECOGNITION AND BARGAINING UNIT............................................................................ 1
SECTION 1.1. RECOGNITION OF THE ASSOCIATION...................................................................................... 1
SECTION 1.2. REPRESENTATION DURING NEGOTIATIONS............................................................................ 1
SECTION 1.3. BULLETIN BOARD SPACE...................................................................................................... 1
SECTION 1.4. ASSOCIATION OFFICIALS RELEASE TIME ............................................................................... 1
SECTION1.5. PROBATIONERS.................................................................................................................... 2
ARTICLE 2-ASSOCIATION MEMBERSHIP AND DUES DEDUCTION...................................................3
SECTION2.1. ELIGIBILITY........................................................................................................................... 3
SECTION 2.2. ASSOCIATION MEMBERSHIP.................................................................................................. 3
SECTION2.3. DUES DEDUCTION................................................................................................................4
ARTICLE3-EMPLOYMENT PRACTICES.................................................................................................5
SECTION 3.1. SENIORITY DEFINITION......................................................................................................... 5
SECTION 3.2. PERSONNEL REDUCTION ...................................................................................................... 5
SECTION 3.3. SEVERANCE PAY NOTICE ..................................................................................................... 6
SECTION 3.4. ESTABLISHMENT OF REINSTATEMENT REGISTERS.................................................................. 6
SECTION 3.5. EMPLOYEE STATUS WHEN REINSTATED................................................................................ 6
SECTION 3.6. EEO/NONDISCRIMINATION.................................................................................................... 6
SECTION 3.7. PERSONNEL FILES................................................................................................................ 7
ARTICLE 4-HOURS OF WORK AND OVERTIME....................................................................................8
SECTION4.1. HOURS OF WORK................................................................................................................. 8
SECTION4.2. OVERTIME............................................................................................................................ 9
SECTION 4.3. CALL BACK AND MINIMUM OVERTIME.................................................................................... 9
SECTION 4.4. OVERTIME PAY FOR COURT APPEARANCES......................................................................... 10
SECTION4.5. COMPENSATORY TIME........................................................................................................ 11
SECTION 4.6. KENNEL TIME AND K-9 OVERTIME....................................................................................... 11
SECTION4.7. STANDBY FOR DUTY........................................................................................................... 12
SECTION4.8. ASSIGNMENTS.................................................................................................................... 12
A. Shift Assignments...................................................................................................................... 12
B. Bid/Assignment Process. .......................................................................................................... 13
C. Sid(Assignment Cycle................................................................................................................ 13
D. Days Off Rotation...................................................................................................................... 14
SECTION 4.9. DAYLIGHT SAVINGS TIME.................................................................................................... 14
ARTICLE 5- DEPARTMENTAL WORK RULES AND WORK SCHEDULES.......................................... 14
SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES............................................................................ 14
SECTION 5.2. MODIFIED WORK SCHEDULE............................................................................................... 14
ARTICLE6-SICK LEAVE ........................................................................................................................ 15
SECTION 6.1. SICK LEAVE BENEFITS........................................................................................................ 15
SECTION6.2. SICK LEAVE ACCRUAL........................................................................................................ 15
A. LEOFF I Employees.................................................................................................................. 15
B. LEOFF Il Employees................................................................................................................. 15
SECTION 6.3. LEOFF 11 SICK LEAVE USAGE............................................................................................ 15
SECTION 6.4. LEOFF 11 EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION............................................... 16
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SECTION 6.5. LEOFF I EMPLOYEES LEAVE TO CARE FOR SICK DEPENDENTS........................................... 16
SECTION 6.6. SICK LEAVE INCENTIVEIBUY-OUT PROGRAM....................................................................... 16
SECTION6.7. LIGHT DUTY....................................................................................................................... 16
ARTICLE7-HOLIDAYS........................................................................................................................... 17
SECTION 7.1. HOLIDAYS OBSERVED......................................................................................................... 17
SECTION 7.2. HOLIDAY COMPENSATION................................................................................................... 18
ARTICLE8 -EDUCATION ALLOWANCE................................................................................................ 19
SECTION8.1. GENERAL POLICY............................................................................................................... 19
SECTION8.2. OFFICERS-POLICY............................................................................................................ 20
SECTION8.3. CLASS ATTENDANCE.......................................................................................................... 20
SECTION 8.4. REIMBURSEMENT PROCEDURES ......................................................................................... 20
ARTICLE9 -ANNUAL LEAVE.................................................................................................................. 21
SECTION 9.1. ANNUAL LEAVE ACCRUAL................................................................................................... 21
SECTION 9.2. SCHEDULING ANNUAL LEAVE.............................................................................................. 21
SECTION9.3. VACATION BIDS.................................................................................................................. 21
SECTION9.4. MAXIMUM ACCRUAL............................................................................................................ 22
ARTICLE10 -PENSIONS .........................................................................................................................22
ARTICLE11 -BEREAVEMENT................................................................................................................ 22
ARTICLE 12 -CITY SUPPLIED EQUIPMENT.......................................................................................... 23
ARTICLE13-MANAGEMENT RIGHTS...................................................................................................23
SECTION 13.1. GENERAL MANAGEMENT RIGHTS...................................................................................... 23
SECTION 13.2. VOLUNTEERS AND TEMPORARY EMPLOYEES..................................................................... 24
ARTICLE 14-PERFORMANCE OF DUTY...............................................................................................25
SECTION 14.1. NON-STRIKE PROVISIONS................................................................................................. 25
SECTION 14.2. PERFORMANCE OF DUTY.................................................................................................. 25
ARTICLE 15-CONFERENCE BOARDICOMMUNICATIONS..................................................................25
SECTION15.1. CONFERENCE BOARD....................................................................................................... 25
SECTION 15.2. COMMUNICATIONS WITH THE DIRECTOR OF OPERATIONS................................................... 26
ARTICLE 16 -GRIEVANCE PROCEDURE...............................................................................................26
SECTION 16.1. GRIEVANCE DEFINITION.................................................................................................... 26
SECTION 16.2. REPRESENTATION DURING GRIEVANCES........................................................................... 26
SECTION 16.3. EXCEPTIONS TO TIME LIMITS ............................................................................................ 27
SECTION16.4. CLASS ACTION................................................................................................................. 27
SECTION 16.5. STEPS AND TIME LIMITS ................................................................................................... 27
SECTION 16.6. ARBITRATORS AUTHORITY............................................................................................... 28
SECTION 16.7. ELECTION OF REMEDIES................................................................................................... 29
SECTION16.8. RETROACTIVITY................................................................................................................ 29
ARTICLE 17-POLICE OFFICERS' BILL OF RIGHTS.............................................................................29
SECTION17.1. BILL OF RIGHTS................................................................................................................ 30
SECTION 17.2. PSYCHOLOGICAL EVALUATIONS........................................................................................ 31
A. Conditions Under Which Evaluations Will Take Place.............................................................. 31
B. Results of the Evaluation........................................................................................................... 32
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ARTICLE18 -COMPENSATION...............................................................................................................32
SECTION18.1. SALARIES......................................................................................................................... 32
SECTION18.2. SALARY PLAN................................................................................................................... 33
SECTION18.3. PREMIUM PAY.................................................................................................................. 33
SECTION 18.4. WORKING OUT OF CLASSIFICATION................................................................................... 34
SECTION 18.5. LONGEVITY AND EDUCATION INCENTIVE PAY..................................................................... 34
SECTION 18.6. EFFECTIVE DATE OF COMPENSATION INCREASES.............................................................. 35
SECTION 18.7. CLOTHING AND EQUIPMENT.............................................................................................. 35
SECTION 18.8. COMPENSATION FOR TRAINING......................................................................................... 36
SECTION 18.9. TIMELY COMPENSATION................................................................................................... 36
SECTION 18.10. MATCHING DEFERRED COMPENSATION........................................................................... 36
SECTION 18.11. ACCREDITATION PAY...................................................................................................... 37
ARTICLE19-INSURANCE COVERAGE.................................................................................................38
SECTION 19.1. HEALTH CARE INSURANCE................................................................................................ 38
Subsection19.1.1. Plans Offered..................................................................................................... 38
Subsection 19.1.2. Employee Coverage........................................................................................... 38
Subsection 19.1.3. Dependent Coverage......................................................................................... 38
Subsection 19.1.4. LEOFF I Health Coverage Requirement............................................................ 36
SECTION 19.2. LIFE INSURANCE............................................................................................................... 39
SECTION19.3. FORMS HANDLING............................................................................................................ 39
SECTION 19.4. HEALTH CARE TASK FORCE.............................................................................................. 39
SECTION 19.5. HEPATITIS B VACCINATION PROGRAM............................................................................... 39
SECTION 19.6. LONG TERM DISABILITY INSURANCE.................................................................................. 39
ARTICLE20 -MILITARY LEAVE..............................................................................................................40
ARTICLE 21 -SMOKE FREE WORK PLACE...........................................................................................40
ARTICLE 22-SUBSTANCE ABUSE TESTING .......................................................................................40
SECTION22.1. POLICY............................................................................................................................ 40
SECTION 22.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING.......................................... 40
SECTION22.3. EMPLOYEE TESTING......................................................................................................... 41
SECTION 22.4. SAMPLE COLLECTION....................................................................................................... 41
SECTION22.6. DRUG TESTING ................................................................................................................ 42
SECTION 22.6. ALCOHOL TESTING........................................................................................................... 43
SECTION 22.7. MEDICAL REVIEW PHYSICIAN............................................................................................ 43
SECTION 22.8. LABORATORY RESULTS.................................................................................................... 44
SECTION 22.9. TESTING PROGRAM COSTS...............................................................................................44
SECTION 22.10. REHABILITATION PROGRAM............................................................................................. 44
SECTION 22.11. DUTY ASSIGNMENT AFTER TREATMENT.......................................................................... 44
SECTION22.12. RIGHT OF APPEAL.......................................................................................................... 45
SECTION 22.13. ASSOCIATION HELD HARMLESS....................................................................................... 45
SECTION 22.14. CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM ..................................... 46
ARTICLE 23 -SAVINGS CLAUSE............................................................................................................47
ARTICLE 24-ENTIRE AGREEMENT.......................................................................................................47
ARTICLE 25-TERM OF AGREEMENT....................................................................................................48
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PREAMBLE
This agreement herein contains the entire agreement between the Kent Police Officers
Association (hereinafter known as the Association) and the City of Kent, Washington
(hereinafter known as the City). The purpose of the City and Association in entering into
this agreement is to set forth their complete agreement with regard to wages, hours and
working conditions for the employees in the bargaining unit so as to promote the efficiency
of law enforcement; public safety; the morale and security of employees covered by this
agreement; and harmonious relations, giving recognition to the rights and responsibilities
of the City, the Association and the employees.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1. Recognition of the Association
The City recognizes the Association as the exclusive bargaining representative for all non-
supervisory commissioned Police Officers and Sergeants of the Kent Police Department
excluding supervisors, confidential employees and all other employees of the employer.
Section 1.2. Representation During Nggotiations
For the purpose of negotiations between the parties, there shall be no more than three (3)
official representatives, plus one (1) alternate, from the Association. The City may utilize
no more than four (4) representatives, plus one (1) alternate, during this process.
Both the Association and the City agree to provide to the other party written notice of the
representatives ten (10) days prior to the commencement of the negotiations. Changes
of representatives by either party during negotiations shall also be made through written
notice at the earliest opportunity.
Section 1.3. Bulletin Board Space
The City shall provide bulletin board space for Association use in a mutually agreed-upon
location. Material posted thereon shall be the responsibility of the Association. It shall only
be used for official Association business.
Section 1.4. Association Officials Release Time
A. Time off with pay shall be granted to Association negotiation team members for
mutually scheduled negotiation or sub-committee meetings. Meetings will be
scheduled to accommodate attendance by all designated negotiation team
members. Once these meeting dates are agreed upon, Employee Services will
notify all affected parties and their immediate supervisors of the dates and changes
(pAunion\pofficer\contract\1999 Contract Final.doc 1/22/99) 1 of 48
thereto. The members must then work with their supervisor(s) to ensure that the
work schedule is updated to reflect the meetings.
On meeting dates when the members are scheduled to work, the regular work
schedules for Association negotiation team members assigned to shifts other than
Day shift shall be adjusted to ensure attendance at these meetings. Adjustment of
the work schedule shall afford a minimum of eight (8) hours break between the end
of the last regular shift worked and the beginning of any of these meetings. The
number of hours in the adjusted shift shall equal the employee's normal shift hours
and shall be consecutive.
Every effort will be made to schedule these meetings on days when the parties
are scheduled to work. In the event a meeting falls on a day when the member
is scheduled to be off, the member's work schedule shall be adjusted to account
for the negotiation time as part of the member's current work week. Leave
adjustment (time off) to account for negotiation time shall be treated similar to
vacation leave requests.
B. Association employee representatives shall be allowed a reasonable amount of on-
duty time to administer the terms of this agreement. This clause implements the
current practice of the parties, and is not intended to expand the use of on-duty time
by Association representatives.
C. Time off required by Association members to prepare for or attend compulsory
arbitration meetings or hearings shall be considered leave without pay, unless
substitute coverage is provided for by Association members at no additional cost to
the City to replace those designated employees who are required to be absent from
their shifts. It shall be the Chiefs responsibility to determine staffing levels required
on all shifts. It shall be the Chiefs decision as to whether substitute coverage is
necessary to attend compulsory arbitration proceedings.
Section I.S. Probationers
1.5.1 New Hires. The parties recognize the purpose of probationary employment for new
hires and rehired employees is to provide a trial period of employment during which
the City can observe the performance of the probationer before confirming the rights
of permanent status.
During the actual or extended probationary period of employment, the probationer
shall be entitled to the protection of the grievance procedure as outlined in this
agreement, except that the probationer may not challenge any disciplinary
determinations made by the City, determinations made related to Article 4.1, and
for those other exceptions specifically identified within the agreement.
(pAunion\pofficer\contract\1999 Contract Final.doc 1/22/99) 2 of 48
In the case of lay off, bumping and recall, there shall be no seniority among
probationary employees. Upon the successful completion of the probationary
period, the employee shall acquire seniority credit, and their seniority shall be
retroactive to the date of employment, less any adjustments.
1.5.2 Transferred or Promoted Em Igy-ees. Any permanent employee who is transferred
(pursuant to Civil Service process), or promoted shall be considered as a special
probationary employee, and must successfully complete a twelve (12) month
special probationary period before being permanently appointed to the new position
or rank. For purposes of this agreement, special probationary employees who are
employed as regular full time or regular part-time shall be considered as and entitled
to all benefits of non-probationary members of the bargaining unit.
If the special probationary employee fails to demonstrate that he or she can
completely and satisfactorily perform the job within the special probationary period,
the City shall return the employee to his or her former position classification, or rank,
without any loss of seniority, and this determination may not be challenged under
the grievance procedure. Any other employees who were transferred or promoted
following and as a result of this employee's transfer or promotion shall also be
returned to their former positions, and unless there is a layoff involved, the bumping
procedure shall not apply.
1.5.3 Probation Extension. Any probationary period may be extended upon the request
of the Police Chief as a result of approved breaks in service, to allow for the
completion of twelve (12) months of satisfactory performance in the employee's
regular assignment.
ARTICLE 2 -ASSOCIATION MEMBERSHIP AND DUES DEDUCTION
Section 2.1. Eligibility
The City recognizes that employees within the bargaining unit may, at their discretion,
become members of the Association. Intent to join, in writing, must be furnished to the City
prior to formal membership for the purposes of uniform dues deductions.
Section 2.2. Association Membership
The Association accepts its responsibility to fairly represent all employees in the bargaining
unit regardless of membership status.
Neither party shall discriminate against any employee because of membership or non-
membership in the Association. However, this clause shall not restrict the Association from
providing internal, Association sponsored benefits to Association members only.
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Section 2.3. Dues Deduction
The following procedure shall be followed in the deduction of dues for members of the
Association.
A. The City agrees to the deduction of monthly dues uniformly levied by the
Association for those employees who elect to become members of the
Association and who request in writing to have their regular monthly
Association dues deduction checked off on the basis of individually signed
voluntary check-off authorization cards.
B. Each month, the City shall remit to the Association all dues deducted
together with a list of employees and the amount deducted from each
employee. The City agrees to notify the Association of new employees
within thirty (30) days of the date of hire.
C. All employees who elect not to become members of the Association shall, in
lieu of Association membership, pay to the Association a regular monthly
service fee equal to the Association dues schedule in effect for that
employee as a monthly contribution towards the administration of this
agreement. Such fees shall not exceed the maximum agency fee allowed
by law. Employees failing to honor their Association security obligations
shall be discharged, after thirty (30) days' written notice, at the request of the
Association.
D. The Association agrees to indemnify and hold the City harmless against any
and all claims, suits, orders and other judgments brought or issued against
the City by third parties as a result of any action taken by the City under the
provisions of this Section, unless caused by the negligence of the City.
E. The Association and City agree that the City will not make any other
deductions on behalf of the Association, except those described above.
F. In accordance with state law, employees covered by this Agreement who are
forbidden from joining a labor organization based on bona fide religious
tenets or teachings of a church or religious body of which such employee is
a member shall pay an amount of money, equivalent to regular Association
dues and initiation fee, to a non-religious charity or to another charitable
organization mutually agreed upon by the employee and the Association.
The employee shall furnish written proof that such payment has been made.
If the employee and the bargaining representative do not reach agreement
on such matter, the Public Employment Relations Commission shall
designate the charitable organization.
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ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1. Seniority Definition
A. Seniority, for the purpose of vacation bids, and reductions in force shall be defined
as the employee's length of permanent service with the Kent Police Department,
less any adjustments due to layoff, approved leaves of absence without pay (unless
otherwise agreed to by the City), periods of 24 months or less between resignation
and reinstatement according to Civil Service procedures, or other breaks in service.
B. Seniority, for the purpose of shift bidding and reductions in rank resulting from
personnel reductions, shall be defined as the employee's length of permanent
service within their current rank or classification, less any adjustments due to layoff,
approved leaves of absence without pay (unless otherwise agreed to by the City),
periods of 24 months or less between resignation and reinstatement according to
Civil Service procedures, or other breaks in service. In the case of an employee
who has been reduced in rank or classification, their seniority shall include time
spent in the higher rank(s) or classification(s).
C. Seniority, for all other purposes, shall be defined as the employee's length of
permanent service with the City of Kent, less any adjustments due to layoff,
approved leaves of absence without pay (unless otherwise agreed to by the City),
periods of 24 months or less between resignation and reinstatement according to
Civil Service procedures, or other breaks in service.
Section 3.2. Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees in this unit, the following basic
provisions will apply:
A. It shall be the responsibility of the City to determine job classification in which
layoffs are to occur. Such factors as nature of function performed, risk to
overall public safety, impact on the Police Department operations, shall be
weighed to determine areas where reductions can be made.
B. Order of layoff shall be determined by job classification. Employees with the
last seniority in any classification will be laid off first.
C. Reductions or transfers of non-probationary employees in the bargaining unit
shall be accomplished in accordance with seniority within classifications with
the least senior employees being first reduced or transferred.
(pAunion\poificer\contract\1999 Contract Final.doc 1/22/99) 5 of 48
Section 3.3. Severance Pay Notice
A. All non-probationary employees affected by the reduction in force shall be entitled
to three (3) weeks' notice of such layoff.
B. At the time of separation, non-probationary employees affected by the reduction in
force shall be paid a sum equal to two (2) weeks pay at the current rate of pay.
Such severance pay shall be in addition to any and all money due to the employee
at the time of separation. However, this section shall only apply to employees who
are laid off by the City. Voluntary terminations and other terminations not classified
as layoff are excluded from the provisions of this section.
Section 3.4. Establishment of Reinstatement B"Isters
A. The names of employees who have been laid off or reduced in rank shall be placed
upon a reinstatement register for the same classification from which laid off or
reduced in rank. This reinstatement register shall be in effect for two years from the
date of layoff or reduction and shall take priority over other hiring or promotional
lists.
B. Refusal to accept regular full-time work with the Kent Police Department from a
reinstatement register shall terminate all rights granted under this rule, provided the
work is in the same classification from which the employee was laid off.
C. Order of Reinstatement- If a vacancy is to be filled from the reinstatement register,
recall shall be made on the basis of length of service within the classification. The
regular employee on such register who has the most service credit shall be first
reinstated except in the cases of reduction in rank where reinstatement shall be
made by time of service in that rank.
Section 3.5. Employee Status When Reinstated
In the event a non-probationary employee leaves the service of the City due to reduction
in force and within the next two years the City rehires said former employee in the same
classification to which assigned at the date of reduction, such employee shall be placed
at the step in the relative salary range which he/she occupied at the time of the original
reduction.
Section 3.6. EEO/Nondiscrimination
It is agreed that the City and Association are mutually obligated to provide equal
employment opportunity, consideration and treatment to all employees of the Kent Police
Department. Where the masculine or feminine gender is used in this Agreement it is used
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solely for the purpose of illustration and shall not be construed to indicate the gender of
any employee or job applicant.
Section 3.7. Personnel Files
A. The personnel files are the property of the City and shall be kept under the direct
control of the Office of the Chief of Police and the Human Resources Department.
The City agrees that the contents of the personnel files, including the personnel
photographs, shall be confidential and shall restrict the use of information in the files
to internal use by the Police Department and/or Personnel Department.
B. All Police personnel files must be kept, maintained and secured in the confines of
the Police Chiefs Office and the Human Resources Department. The Police Chief
and the Human Resources Director, or their designee, shall be responsible for the
privacy of such files. It is understood that staff of each office will have access and
may need to review or update personnel files while conducting City business.
C. The City shall not allow anyone, other than those employees responsible for Police
Department operations and/or City administration including City Attorney to read,
view, or have a copy, in whole or in part, of any employee's personnel file. This
provision shall not restrict such information from becoming subject to due process
by any court or administrative personnel tribunal or as required by state or federal
law. Any time an employee's file is subject to release, in whole or in part, to an
outside party, the employee will be notified three (3) work days prior to such
release. The notice of release shall contain the following information: to whom the
record will be released and under what authority (i.e. search warrant, court order,
subpoenas, etc.).
D. Employees have the right to review their own entire personnel file. Employees
requesting to examine their own personnel file must have proper identification, and
may examine their file only in the presence of the Police Chief, Human Resources
Director, or their designee. Employees shall not remove any material from their
files, but may, upon their request, have a copy of any material in their files without
charge.
E. The Association's attorney of record shall be given access to employees personnel
files. Employees can also give permission for third parties to view their file. The
employee shall make a formal written request naming the person authorized to view
their record (i.e. a KPOA Executive Board member, family member, etc.). The
authorized person(s) shall present identification to the Police Chief, Human
Resources Director, or their designee, responsible for monitoring the process. The
City shall accommodate such request at a time convenient for both parties.
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F. Annual employee evaluations and records of disciplinary action resulting in
demotion or the loss of time or pay shall be retained permanently. All other
disciplinary records may be retained in an employee's active personnel file for not
more than five (5) years, provided no other discipline has previously or
subsequently occurred. However, these records will be purged after five (5) years
has elapsed during which no other disciplinary action has occurred. Nothing in this
section shall prevent the City from archiving files. The parties recognize that the
City may retain internal investigation files although such files may not be used in
discipline and discharge cases if they could not otherwise be retained in personnel
files pursuant to this section.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4.1. Hours of Work
The normal working hours for employees covered by this Agreement shall not exceed 40
hours per week and the work week will commence at 12:00 a.m. Sunday and end at 11:59
p.m. on Saturday.
A. The normal work week for officers in the patrol division, traffic, canine, crime
prevention and other uniformed assignments, except for modifications that may be
made through the provisions of this Agreement, shall be four (4) consecutive days
worked, followed by three (3) consecutive days off.
B. Employees of the bargaining unit will be allowed to bid for shift assignments and
days off. The bidding process shall be in accordance with Section 4.7.
C. The normal work week for officers working as detectives, pro-act, research and
development, training officer, school liaison or new assignments or positions that
may work closely with the police department administration may be either a five (5)
and two (2) or four (4) and three (3) schedule (2080 hours) based upon the needs
of the public and/or the department with Saturday and Sunday off, provided
however, in the event it becomes necessary to expand the number of days in
service, the normal work week may be set at five (5) or four (4) consecutive days
exclusive of Sunday. Scheduling changes may be made where there is an
operating need. The Association shall be given thirty (30) days' advance notice of
any change in the basic schedule (5-2 to 4-3 or 4-3 to 5-2), and of the schedule
determined for new assignments or positions, and the reasons necessitating it, in
order to discuss alternatives and impacts.
D. The normal 4-3 work shift shall consist of ten (10) continuous hours inclusive of
lunch periods.
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E. In the event the Police Administration changes an employee's normal work
schedule, the Administration agrees to provide fourteen (14) calendar days notice
prior to the effective date of the change, except for emergency situations as
determined by the Administration which make it impractical to give such notice.
This provision does not apply to probationary employees.
F. The Mayor may declare the closure or partial closure of City facilities or operations
in the case of emergencies or for safety reasons. Members of the bargaining unit
will continue to maintain their normal work schedule unless specifically released
from duty. Members of the bargaining unit who work their normal schedule during
such declarations will not receive additional monetary compensation or time off.
Section 4.2. Overtime
A. Detectives on a 5-2 or 4-3 week shall be paid at the rate of time and one-half for all
hours worked in excess of forty (40) in one consecutive seven day week.
B. PRO-ACT Officer on a 5-2 or 4-3 week shall be paid at the rate of time and one-half
for all hours worked in excess of forty (40) in one consecutive seven day week,
inclusive of lunch periods. Pre-authorized overtime shall be provided for all hours
in excess of the regular shift.
C. Patrol officers on a 4-3 week shall be paid at the rate of time and one-half for all
hours worked in excess of ten (10) hours per shift, inclusive of lunch period and for
all hours on a furlough day.
D. Both parties have discussed and agree Officers cannot fill an overtime slot
created by their own vacation or compensatory time request. The parties have
also discussed the practice of employees working overtime while on vacation. If
in the future, the City can prove, through FLSA or other legal documents, that the
practice of working overtime while an employee is on vacation is illegal, both
parties agree to reopen this subsection of the contract with the intent of
negotiating terms that comply with legal requirements.
E. In all cases overtime will be rounded to the nearest one-quarter (1/4) hour.
Section 4.3. Call Back and Minimum Overtime
A. Employees "called back" to work shall receive a minimum of three (3) hours pay at
the overtime rate for the work for which they were called back. This provision
applies when such call back results in hours worked which are not annexed
consecutively to either the beginning or end of a regular shift. Travel time (not to
exceed thirty (30) minutes each way) shall be compensable on "call backs" and
includes time spent to and from the employee's residence.
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B. If any employee is given a minimum of seven (7) calendar days notice of an
overtime assignment, the employee shall not be compensated for travel time to
and from the assignment. The employee shall be compensated a minimum of
three (3) hours at the overtime rate for the hours worked.
Section 4.4. Overtime Pay for Court ARRmrances
In the event that court appearances are required, the City shall attempt, wherever possible,
to schedule such appearances during an employee's regular duty shift, rather than on
furlough days. Such appearances outside of the regular duty schedule shall be
compensated for as follows:
A. Shift Other than Grave - Employees will receive pay at the overtime rate for
court appearance time outside of regular duty hours, provided, however,
each employee required to report for court appearances shall receive a
minimum of three (3) hours pay at the overtime rate, for separate court
appearances in accordance with Section 4A.D.
B. Grave Shift - Employees who are assigned to the "grave" shift will receive
pay at the overtime rate for court appearance time outside of regular duty
hours, provided, however, each employee required to report for court
appearances following his regular duty shift shall receive a minimum of four
(4) hours pay at the overtime rate, for separate court appearances in
accordance with Section 4A.D.
C. Court Appearances Annexed to Any Duty Shift — Court appearances
consecutively annexed to the beginning or end of any employee's duty shift
shall be treated as regular overtime and shall not be subject to the provisions
of A and B above. A court appearance is considered annexed to an
employee's duty shift if the court starting or ending time is less than thirty
(30) minutes from the shift starting or ending time. Court appearances that
are not annexed to an employee's duty shift shall be subject to the provisions
of A and B above.
D. Pyramiding of court appearances is prohibited. There will be a maximum of
one minimum guarantee in the morning and one minimum guarantee in the
afternoon. Continuance of a morning appearance into the afternoon shall
not constitute a separate court appearance.
E. Standby Time for Court Appearance - Employees who are required by the
court or administration to "standby" for possible court appearance, while off
duty or on furlough days off, will receive one (1) hour compensation at the
regular time rate for each two (2) hours or portion of assigned standby time.
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Standby time must be pre-authorized and logged by the Police administration
and have a starting time and ending time.
F. Court Appearance Call Off— Employees subpoenaed for court, who do
not receive timely notification that their attendance in court is not needed,
shall be compensated at one-half(1/2) the applicable court appearance
minimum rate as specified in A or B above. Timely notification is when
the employee has been informed, through established procedures, by
5:00 PM on the day prior to the specified court appearance date.
Compensation shall be granted when: 1) the employee is not notified by
an authorized person by 5:00 PM on the day prior to the court appearance
date; and 2) the employee has contacted the department after 5:00 PM on
the day prior to the court appearance date to confirm whether the
employee's presence is needed.
Section 4.5. Compensatory Time
A. Employees may choose to accrue compensatory time in lieu of receiving overtime
pay. Compensatory time shall be earned at the rate of 1-1/2 hours for each hour of
overtime worked.
B. An employee may accumulate up to 60 hours of compensatory time. All hours
above 60 must be paid unless special approval is received from the Chief and
Human Resources Director.
C. The City shall make every effort in scheduling to allow employees to take
compensatory time off, at the employees' request, to comply with FLSA regulations.
Employees must provide written notice to their assigned supervisor a minimum of
three (3) regular work shifts in advance of their intent to use compensatory time.
This does not prohibit the supervisor from allowing employees to use compensatory
time off with less notice as staffing levels permit.
D. Employees who wish to receive pay for their accumulated compensatory time will
have the option of receiving this pay on an annual basis and such pay shall be
included with the annual "holiday buy-out" check. Those employees who exercise
this option will submit their request in writing to the Chief of Police no later than
November 15th each year. This does not preclude the employee from receiving pay
for their accumulated time during any regular pay period.
Section 4.6. Kennel Time and K-9 Overtime
A. Kennel Time. Employees assigned as K-9 Officers shall be authorized ten (10)
hours of Kennel Time each month calculated at the overtime rate of time and
one-half(1-1/2). Kennel Time is defined as time outside of a normal workweek
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that a K-9 Officer spends on routine care and maintenance of their assigned
Police Department animal. K-9 Officers can accumulate a maximum of 180
hours of Kennel Time. The accumulation of Kennel Time shall be considered
separate from compensatory time. However, its use and cash out shall be
treated similar to compensatory time as provided for in Section 4.5.0 and 4.5.D.
B. K-9 Overtime. Employees assigned as K-9 Officers shall be paid overtime, with
prior supervisory approval, for the time spent for extraordinary care (other than
normal Kennel Time) of their assigned animals outside of the normal work shift.
This includes emergency care and/or trips to the veterinarian. The time spent
has no minimum overtime provision, but does include travel time. The specific
reason for the overtime shall be explained on the overtime slip.
Section 4.7. Standby for Duty
A. The City and Association agree that the use of standby time shall be minimized
consistent with sound law enforcement practices and maintenance of public safety.
Standby assignments shall be for a fixed, predetermined period of time not to
exceed a regular shift, unless the public safety is considered endangered, and then
shall extend as long as it is deemed necessary by the Police administration.
B. Employees formally placed on standby status shall be compensated on a basis
of one (1) hour at the regular straight time rate for every two (2) hours or portion
thereof of standby time. If an employee is in fact called back to work, overtime
provision will take effect upon reporting for duty.
Section 4.8. Assignments
A. Shift Assignments
(1) Shift assignments for Patrol Officers and Sergeants shall be determined by
a bid system based on tenure in those positions with Kent Police
Department.
(2) Patrol Officers' tenure shall be determined from the date of hire with Kent
Police department for that time that the officer is a commissioned Patrol
Officer with Kent Police Department. Tenure for the Sergeant shall be
determined by the time in grade as a regularly appointed Sergeant at the
Kent Police Department. During the initial probationary period of
employment, Patrol Officers are not eligible to bid for shift assignments.
(3) Bids and assignments shall be made every six (6) months. The cycle for
bids/assignments shall be implemented on the first Sunday of February,
effective with the commencement of the day shift, and the first Sunday in
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August, effective with the commencement of the day shift. All assignments
shall remain in effect until the next bid cycle unless it should be determined
by the City that the Patrol Officer or Sergeant shall be reassigned to a non-
bid system assignment or position during that period of time.
(4) The first bid system shall give priority to the most senior personnel for his or
her shift assignment preference. On the fourth bid assignment cycle after
February 1, 1989, the priority for shift assignment preference shall be
reversed so that the last senior personnel shall receive priority for shift
assignment preference. Thereafter, at the end of every fourth cycle, the
personnel receiving priority shall alternate between the most senior and least
senior.
(5) The bid process shall occur as scheduled, regardless of any absence of a
Patrol Officer or Sergeant from the Police Department. If the individual is
unable to report to work by the first Sunday in February or the first Sunday
in August, the individual cannot participate in the bidding process for that
work cycle.
B. Bid/Assignment Process.
The following provisions shall control the process of bidding and assignment in
accordance with the above guidelines:
(1) Shift preference bids shall be delivered to the division commander, or his or
her designee, during the established bid/assignment cycle.
(2) No early or late shift preference bids shall be accepted.
(3) Vacant assignments that occur after the bid deadline shall be filled by Patrol
Officers or Sergeants as applicable, that are reassigned after the assignment
deadline to the patrol Division of the Police Department. Those assignments
shall continue until the next designated period for bidding.
(4) The Employer reserves the right to bar individuals from bidding where
required by business necessity.
C. Bid/Assignment Cycle.
The following is the process for the submission of bids and the assignment of shifts:
(1) Each Sergeant shall submit his or her shift preference bid no earlier than the
third Wednesday nor later than the fourth Wednesday of October or earlier
than the third Tuesday or later than the fourth Tuesday in April, as
(pAunion\pofficer\contract\1999 contract Final.doc 1/22/99) 13 of 48
applicable. All such bids must be received by the division commander or his
designee no later than 5 p.m. on the applicable date. The assignments shall
be posted no later than five (5) calendar days after the submission deadline.
(2) Each Patrol Officer shall submit his or her shift preference bid no earlier than
the first Wednesday nor later than the second Wednesday in November or
earlier than the first Wednesday nor later than the second Wednesday in
May, as applicable. All such bids must be received by the divisions
commander or his or her designee no later that 5 p.m. on the applicable
date. The assignments shall be posted no later than fifteen (15) calendar
days after the submission deadline.
D. Days Off Rotation.
The rotation for days off shall occur on the Sunday beginning every sixth (6th),
thirteenth (13th), twentieth (20th) and twenty-sixth (26th) week of the cycle and
starting with the day shift. This shall take effect on the first Sunday in February.
Section 4.9. Daylight Savings Time
Employees who work graveyard shift during the fall when the clocks are moved back
one hour will be paid one hour at the overtime rate of time and one-half. Employees
who work graveyard shift during the spring when the clocks are moved forward one
hour will be required to utilize one hour of annual or compensatory leave, or be allowed
to work the additional hour to complete their normal shift hours at the employee's
choice.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1. Notification of Work Rule Changgs
The City agrees to notify the Association in advance of changes in departmental operating
procedures or working conditions which would affect employees in the bargaining unit.
Conferences to discuss such changes may be arranged prior to the time such changes
would become effective. However, nothing in this section shall be construed to limit the
City from exercising its management responsibilities, provided, however, that when
changes in procedure or department operations would cause a reduction in force or layoff
of any employee, such proposed change, including the effective date shall be provided in
writing to the Association in advance of making the proposed change.
Section 5.2. Modified Work Schedule
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The parties agree to consider modlAk:ations to f1rp11 normal work schedule and rotation cycle
for employees, for a specified period, where thane is a demonstrated need. Such changes
shall not be precedent setting. If such mod4ed work schedules are approved by the Police
Chief, the employee, and the Association, the parties agree to allow members of the
bargaining unit to work such mutually agreed schedules.
ARTICLE 6 - SICK LEAVE
Section 6.1. Sick Leave Benefits
All sick leave benefits for "LEOFF" personnel shall be in accordance with the Revised
Code of Washington (RCW), provided however, that LEOFF employees of the Kent Police
Department shall not be required to submit sick leave approval requests to the LEOFF
Board for absences due to illness that do not extend beyond three (3) consecutive working
days. Approval for up to and including three (3) days sick leave for any one occurrence
shall be the responsibility of the Chief of Police or designee.
Section 6.2. Sick Leave Accrual
A. LEOFF I Employees
Officers hired by the City prior to 10/01/77, or otherwise qualify for the benefits of
LEOFF I under the RCW, will not accrue sick leave. These officers will have up to
six (6) months for any single illness or injury as approved by the LEOFF Board.
B. LEOFF II Employees
Officers hired by the City on or after 10/01/77 shall accrue sick leave at the rate of
ten (10) hours per month. However, their sick leave account shall be credited with
30 additional hours on January 1 of each year. Employees hired after January 1 or
any calendar year shall receive the additional hours on a prorated basis. However,
under no condition will an employee's accrual exceed 1,190 hours. (See Section
6.6.)
Section 6.3. LEOFF II Sick Leave Usage
A. All LEOFF II employees shall be entitled to use sick leave for personal illness in
accordance with current City Policy.
B. All LEOFF II employees shall be entitled to use accrued sick leave to care for a child
of the employee under the age of eighteen with a health condition that requires
treatment or supervision as provided for under RCW 49.12.270.
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Section 6.4. LEOFF II Employees--On-Duty Injury Leave Provision
Employees injured while on-duty must apply for "Worker's Compensation Benefits" for
disability periods described in City Policy. Questions of policy clarification or interpretation
should be referred to the Human Resources Director in writing.
Employees injured on-duty and qualified for "Worker's Compensation " shall have their
salary at the time of injury maintained for a period not to exceed six (6) months. This shall
be accomplished through a combination of"Worker's Compensation" time loss payments
and the balance supplemented by the City.
During such disability, the City shall continue to contribute towards the employees' and
dependents' medical and life insurance program at their pre-authorized disability levels.
Further, the employee shall continue to accrue annual leave and sick leave benefits while
disabled for the period not to exceed six (6) months.
Section 6.5. LEOFF I Employees Leave to Care for Sick Dependents
Paid leave will be granted to any LEOFF I employee required to care for or attend to an
immediate family member who is sick or temporarily incapacitated and requires the
assistance of the employee. Such leave is not cumulative and shall not exceed six (6)
shifts per calendar year. Employees who require leave time in excess of six (6) shifts per
year shall be required to take compensatory time, annual leave, or leave without pay for
the excess time required.
Administration and approval of the above shall be consistent with the provisions in the City
of Kent Police Manual.
Section 6.6. Sick Leave Incentive/Buy-Out Program
Employees whose sick leave accrual exceeds 1,040 hours on December 31 of each year
shall be compensated for all hours in excess of 1,040 hours. Compensation shall be made
no later than January 20 of the following year and shall be at the employee's hourly rate
in effect at the time the compensation is made.
Section 6.7. Light Duty
In the event an employee becomes sick or disabled the employer may allow the LEOFF
II member to return to work in a light duty status.
1. A light duty status job may be assigned so as to permit the employee to continue
working within the Department in a duty capacity that the employee is physically
capable of performing in accordance with the conditions set forth by the employee's
physician while continuing to be paid at the employee's normal rate of salary.
(pAunionlpofficer%contract\1999 Contract Final.doc 1/22/99) 16 of 48
2. Such assignment is contingent upon the medical prognosis of full physical recovery
from the employee's disability within a reasonable period of time.
3. The maximum time that will be allowed for assignment to light-duty status is sixty
(60) days; provided that upon request of the employee and approval of the
employer, the sixty (60) day period may be extended to but in no case exceed a
total period of six (6) months. Consideration of the extension shall be based upon
the medical prognosis of the employee being able to return to full employment in a
reasonable period of time thereafter in accordance with the advice of a physician
retained by the employer.
4. A request for light duty status will be submitted in writing by the employee to the
employer or from the employer to the employee.
5. Determination of an employee's disability from performing full duty, ability to perform
on light duty status and ability to return to full duty will all be made upon examination
and advice of a physician retained by the employer.
ARTICLE 7 - HOLIDAYS
Section 7.1. Holidays Observed
The following holidays shall be considered as holidays for full time employees.
1. New Year's Day
2. * Martin Luther King Day
3. * President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. * Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas
11. * Floating Holiday
Those employees whose job classification requires the traditional work schedule Monday
through Friday will observe the holiday the same as non-represented employees of the
City. Memorial Day shall be observed on the last Monday of May for all employees of the
bargaining unit. Employees who do not work the traditional work schedule will observe the
remaining holidays on the actual day of the holiday.
* Purchased holidays
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Section 7.2. Holiday Compensation
A. Members of the bargaining unit shall be entitled to a combination of 110 hours of
time off with pay and/or compensation in lieu of time off during each year, as
provided in Section 7.2.B and 7.2.D.
B. The City shall purchase four(4) holidays from members of the bargaining unit each
year which include Martin Luther King Day; Presidents' Day; Veterans Day; and the
individual floating holiday. The City will issue a holiday check to all qualified
members of the bargaining unit on or about December 1 of each year for the
holidays purchased. Members working less than a full calendar year will receive
such holiday compensation in a proportion equal to their employment during the
calendar year.
Those employees who wish to receive pay for their unused holidays, in addition to
the purchased holidays, will have the option of receiving this pay on an annual basis
and such pay shall be included with the annual "holiday buy-out" check.
Those employees who exercise this option shall submit their request in writing to the
Chief of Police no later than November 15th each year.
Those employees who do not wish to receive pay for their unused holidays may
retain them in their holiday leave bank. The maximum holiday accrual limit shall be
220 hours. All hours above 220 shall be cashed out automatically.
C. Bargaining unit employees who are scheduled to work on one of the holidays listed
in Section 7.1 shall be compensated at the rate of 1-1/2 times the regular base pay
for all hours worked; except those officers required to work Thanksgiving or
Christmas shall be compensated at the rate of two times the regular base pay for
all hours worked. Employees called in to work on one of the holidays listed in
section 7.1 (except Thanksgiving and Christmas), who otherwise would not have
been scheduled to work on the holiday (dual inconvenience), shall be paid at the
rate of two times the regular base pay for all hours worked. At no time will an
employee receive more than double time for any hours worked on a holiday.
Example 1: An employee who works a regularly scheduled shift on a holiday
(except Thanksgiving or Christmas), shall be paid at the rate of 1-1/2 for that shift.
Employees authorized to work beyond the expected shift ending time to finish
paperwork, to handle a late call, or for any reason other than staffing shall be paid
at the regular overtime rate of 1-1/2. However, if they are authorized to work
beyond the normal shift on a Holiday due to staffing reasons, whether by request
or volunteer, they shall receive double time for the extension of the shift.
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Example 2: Employees scheduled to be off work on a holiday who are authorized
to work, shall be paid at the rate of two times the regular base pay for all hours
worked on that holiday.
D. Bargaining unit employees who are required to work on one of the non-purchased
holidays (7 holidays) shall in addition to the provision of "C" above be entitled to
take the holiday off at a later date subject to approval of the Police Administration.
E. Bargaining unit members who are required to work on one of the purchased
holidays (4 holidays) shall be entitled to only that compensation stated in "C"above.
Additional time off at a later date is not provided.
F. Bargaining unit members whose regularly scheduled day off falls on any of the non-
purchased holidays (7 holidays) shall be entitled to the holiday(s) off at a later date
subject to the approval of the Police Administration. However, employees whose
regularly scheduled day off falls on any of the purchased holidays (4 holidays) shall
not be entitled to a day(s) off at a later date.
G. Full or partial shifts that are eligible for time and one-half as outlined in Section 7.2
are only those shifts that begin work between midnight and 23:59 hour of the
holidays listed in Section 7.1. However, employees required to work swing or grave
shifts on Christmas Eve shall also be compensated at the rate of time and one-half.
Additional time off at a later date and dual inconvenience shall not be provided to
employees required to work Christmas Eve.
ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1. General Policy
The City recognizes the need to encourage and promote education opportunities for
employees, subject to budgetary limitations. The City will reimburse personnel for costs
incurred in receiving approved training upon satisfactory completion of such training.
Eligible costs include:
A. Tuition
B. Books
C. Fees associated with training
If an officer is attending an accredited State institution, the officer shall be reimbursed
based upon that institution's tuition schedule. If an officer is attending a non-State
supported institution, the officer shall be reimbursed on the basis of the University of
Washington tuition schedule.
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Section 8.2. Offices - Policy
The City shall reimburse an officer for actual cost of books, tuition, and course fees while
attending approved courses. Approval to attend reimbursed training shall be requested
by June 1, of each year, for the next calendar year. Approval should include:
A. Course list
B. Reason for taking the course
C. Approximate cost
The Chief will then review and approve the total training requests and include the cost in
the budget. Once the budget is set, very few, if any changes can be made. Interim
changes will be considered by the Chief and acted on only if budget is available.
Commissioned officers who are working in the AA Degree Police Science Program will be
reimbursed for costs of courses in that degree program provided:
A. The program/school is approved by the Chief.
B. The employee submits his training plan to the Chief for inclusion in the
budget.
Section 8.3. Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or other
training organizations must do so during their off-hours. In special cases, subject to
departmental approval, an irregular work schedule may be arranged in order for an
employee to attend courses that are not offered during off-hours. Hours spent by an
employee while attending class or studying for such class during off-hours, will not be
considered compensable hours.
Section 8.4. Reimbursement Procedures
A. If reimbursement is available through outside grant funds, or any other potential
source, then reimbursement shall be through that source. (G.I. benefits and student
loans shall not be considered outside funds for purposes of this section.)
B. Upon completion of approved training, the employee must prepare a request for
reimbursement itemizing actual expenses incurred and including a copy of the
training authorities' certificate of completion or grade report.
C. Paid receipts for training costs must accompany the request for reimbursement.
The City will reimburse the employee for only those costs that have been approved
and for which paid receipts are attached to the reimbursement request.
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D. Employees requesting reimbursement must submit the request, with documentation,
within thirty (30) calendar days following successful completion of the approved
course(s). Requests not received within 30 days will not be considered for
reimbursement, unless good cause is shown.
ARTICLE 9 -ANNUAL LEAVE
Section 9.1. Annual Leave Accrual
Members of the bargaining unit shall receive annual leave benefits as follows:
Hours of Leave Accrued
Years of Employment Annually Monthly
list through 4th year 96 hours 8 hours
5th through 9th year 120 hours 10 hours
10th through 12th year 144 hours 12 hours
13th through 16th year 152 hours 12.67 hours
17th through 19th year 176 hours 14.67 hours
20th through 22nd year 182 hours 15.17 hours
23`d through 25`" year 192 hours 16 hours
261' year and thereafter 198 hours 16.5 hours
Section 9.2. Scheduling Annual Leave
Annual leave shall be granted to the employee at the time of the employee's choosing
provided the departmental work schedule would not be adversely affected.
Section 9.3. Vacation Bids
A. The intent of this section is to maximize an employee's ability to utilize accrued
vacation time by establishing a biannual vacation bid system. This bid system does
not preclude supervisors from approving vacation requests, on a case by case
basis, outside the bidding time limits.
B. Bid System.
There shall be two designated periods for bidding vacation time. The first vacation
bid period shall be from December 1 to December 31. This bid shall allow
employees to bid for and secure, by seniority, vacation dates anytime during the
following calendar year. Vacation requests from this bid period shall supersede all
other vacation requests.
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The second bid period shall be from June 1 to June 30. This second bid shall allow
employees to bid for and secure, by seniority, available vacation dates from July 1
through December 31 of the same year. Vacation requests received during this bid
period supersede all requests not yet approved.
C. Vacation requests received between bid periods will be recognized by date received
and are not subject to seniority. It is the employee's responsibility to obtain
approval for these vacation requests prior to the second bid cycle. All vacation
requests received or approved after the second bid period shall be recognized by
date received.
D. Scheduling of vacation shall not be contingent upon vacation scheduling for civilian
employees.
Section 9.4. Maximum Accrual
Employees can maintain two times their annual accrual rate of annual leave. Annual leave
will be audited on December 31 of each year. Employees may exceed the maximum
accrual limit on January 1 of the following calendar year, but it is the employee's
responsibility to ensure that accrued annual leave hours are at or below the maximum
accrual limit by December 31 of the following year. Compensatory and Holiday
accumulation and use is considered separate from annual leave accrual and use.
The City will schedule annual leave so as to maximize the opportunity for employees to
utilize annual leave so they may comply with the maximum accrual limit.
These provisions do not prohibit carryover of annual leave hours beyond the maximum limit
when exceptional circumstances exist. Carryover can only occur when requested by
employees in writing and when approval is granted by the Police Chief and/or the Human
Resources Director. Approval of carryover is done on a case-by-case basis and does not
serve as precedent for any subsequent requests.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by applicable
Washington State Statute.
ARTICLE 11 - BEREAVEMENT
A. Members of the bargaining unit who are required to attend funerals of an immediate
family member may be released from duty after authorization is obtained from the
employee's proper chain of command. In addition, the employee may receive up
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to three (3) days, if required, of leave with pay called bereavement leave. Final
approval to use bereavement leave must be granted by the Human Resources
Director or Operations Director before such leave is paid. The request for leave
shall contain the name(s) of the deceased, the relationship to the employee, and the
expected period of absence. Distance, travel time or other factors will be
considered to determine the number of days to be granted.
B. In the event that the time required to attend a funeral is in excess of three (3) days,
sick leave may be taken. A maximum of ten (10) days of sick leave may be granted
for this purpose.
ARTICLE 12 - CITY SUPPLIED EQUIPMENT
In placing this agreement into effect, the City agrees to continue to provide the necessary
articles of equipment to enable the employee to perform his/her duties, as has been done
prior to this agreement. This shall include, but not be limited to, providing flashlights,
batteries, notebooks, typewriters, pens/pencils and other necessary minor articles of
equipment of the nature specified herein. In addition, this includes any safety equipment
which might be formally recommended by the police administration and funded with the
Police Department budget.
Employees who suffer a loss or damage to appropriate personal property and/or clothing
in the line of duty shall be reimbursed for such loss or damage by the City in an amount
up to $300.00 per occurrence, provided a claim is filed with the City and is substantiated
by loss control.
ARTICLE 13 - MANAGEMENT RIGHTS
Section 13.1. General Management Rights
The Association recognizes that an area of responsibility must be reserved to management
if it is to function effectively. In recognition of this principle, it is agreed that the following
responsibilities are not subject to collective bargaining and are management
responsibilities of the City. Unless specifically modified by sections in this Agreement,
management retains the exclusive right to:
A. Determine the management organization, the selection, retention, and
promotion for occupations not within the scope of this Agreement.
B. Direct employees of the City in the performance of their official duties.
(p:lunion\pofficer\contract\1999 Contract Final.doc 1/22/99) 23 of 48
C. To hire, evaluate, promote, transfer, assign, and retain employees in
positions in the City, and to suspend, demote, discharge, or take other
disciplinary action against such employees for just cause.
D. To determine the use of technology, equipment, methods, means, and
personnel by which departmental operations are to be conducted.
E. To prescribe uniform dress to be worn by certain officers or employees.
F. To take whatever actions may be necessary to carry out police functions in
emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations entrusted to management.
I. To determine and administer policy.
The above listing of specific management rights is not intended nor shall be considered
restrictive of, or as a waiver of any rights of the City not listed herein. Such inherent
management responsibilities are not subject to arbitration and shall remain exclusively with
the City except as they may be shared with the Association by specific provisions of the
Agreement.
Section 13.2. Volunteers and Temporary Employees
The Association and the City have historically worked together to resolve issues related
to the use of volunteers and temporary part-time employees. The parties desire to retain
this cooperative spirit, and agree upon the following general principles:
A. The City will not hire any temporary part-time employees to work within the
bargaining unit without obtaining written agreement from the Association;
B. The City may continue to use volunteers for records filing at the training
center, for pawn shop data entry and crime prevention; and
C. The Association recognizes that the City may want to use other volunteers,
or temporary employees as the needs of the City change due to growth in
geographical size, population, and etc. Whenever such changes would
affect the wages, hours and working conditions of the Association's
membership, the City must bargain with the Association before using
volunteers or temporary employees to do work currently done by Association
members. While the Association agrees to give such proposals careful
consideration and bargain in good faith, the Association is not required to
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enter into any such agreement. In the event the parties are unable to reach
agreement, either party may request expedited interest arbitration, to be
governed by the provisions of RCW 41.56.430.
ARTICLE 14 - PERFORMANCE OF DUTY
Section 14.1. Non-Strike Provisions
Nothing in this agreement shall be construed to give an employee the right to strike. No
employee shall strike or refuse to perform his assigned duties to the best of his ability. The
Association agrees that it will not condone or cause any strike, slowdown, mass sick call,
or any other form of work stoppage or interference to the normal operation of the Kent
Police Department.
Section 14.2. Performance of Duty
It is agreed that all members of the bargaining unit shall perform all functions and duties
required by laws of the State of Washington, ordinances of the City of Kent, and Civil
Service rules and regulations and operating policies of the department.
ARTICLE 15 - CONFERENCE BOARD/COMMUNICATIONS
Section 15.1. Conference Board
There shall be a department conference board consisting of three (3) members named by
the Association and three (3) officers of the department named by the Chief. The Chief,
or a representative, shall sit as one of the three (3) officers to the maximum extent
practical, but any of the six (6) members may be replaced with an alternate from time to
time. A representative of City Administration may be requested to attend conference board
meetings at the discretion of either party. The conference board shall meet as mutually
determined and shall consider and discuss matters of mutual concern pertaining to the
improvement of the department and the welfare of the employees.
The purpose of the conference board is to deal with matters of general concern to
members of the department as opposed to individual complaints of employees.
Accordingly, the conference board shall not discuss grievances property the subject of the
procedure outlined in Article 16, except to the extent that such discussion may be useful
in suggesting improved department policies. Either the Association representatives or the
City representatives may initiate discussion of any subject of a general nature affecting the
operations of the department or its employees. An agenda shall be prepared and
distributed in advance of each meeting and minutes shall be kept.
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Section 15.2. Communications with the Director of Operations
The Association and City agree that areas of general concern not specifically mentioned
in this contract may arise. Such concerns may be related to interpretation of procedures,
changes in policies, working conditions, etc., that may generally affect employees or City
rights and responsibilities. Acknowledging that such concerns could arise and further that
such concerns are of a nature that they should not properly be considered under the
Grievance Article of this agreement, the following procedure shall be established to allow
either the City or Association to directly address issues or questions of concern.
A. The coordinators of this procedure shall be the Association Chairperson and
Director of Operations, or their designees.
B. Meetings may be initiated by either the City or Association by request. A
mutually agreeable meeting time and place will be set. Representatives of
police administration and Human Resources shall be allowed to attend the
meeting.
C. A proposed agenda of items to be discussed shall be prepared and
distributed in advance of a proposed meeting. Statements, fact-finding
results, etc., should be available in writing for review in order to explain or
clarify areas of concern.
D. Minutes of each meeting shall be kept.
ARTICLE 16 - GRIEVANCE PROCEDURE
Section 16.1. Grievance Definition
Any dispute between the Employer and the Association or between the Employer and any
employee covered by this Agreement concerning the application, claim of breach or
violation of the express terms of this Agreement shall be deemed a grievance.
Section 16.2. Representation During Grievances
Grievances processed through Step 3 under Section 16.5 below of the grievance
procedure shall be heard during normal City working hours unless stipulated otherwise by
the parties. Employee representatives involved in such grievance meetings during their
normal City working hours shall be allowed to do so without suffering a loss in pay.
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Section 16.3. ExcORMons to Time Limits
Any time limits stipulated in the grievance procedure may be extended by mutual
agreement in writing. Failure by the Association and/or employee to comply with any time
limitation in this Article shall constitute withdrawal of the grievance. Failure by the
Employer to comply with any time limitation in this Article shall allow the Association and/or
the employee to proceed to the next step without waiting for the Employer to reply at the
previous step.
Section 16.4. Class Action
A grievance in the interest of a majority of the employees in a bargaining unit shall be
reduced to writing by the Association (containing all information referenced in Step 1
below) and may be introduced at Step 3 of the grievance procedure and be processed
within the time limits set forth herein.
Section 16.5. Steps and Time Limits
A grievance shall be processed in accordance with the following procedure:
Step 1 A grievance shall be reduced to writing and presented by the aggrieved
employee and/or the Association representative within fourteen (14) calendar
days of when the employee knew or should have known of the alleged
contract violation to the employee's immediate supervisor. The written
grievance shall contain the section(s) of the Agreement allegedly violated,
the nature of the alleged violation and the remedy sought. The parties agree
to make every effort to promptly settle the grievance at this stage. The
immediate supervisor shall answer the grievance within seven (7) calendar
days after being notified of the grievance.
Step 2 If the grievance is not resolved as provided in Step 1, it shall be forwarded
to the appropriate Division Commander by the aggrieved employee or
Association representative within seven (7) calendar days. The Division
Commander shall answer the grievance within seven (7) calendar days.
Step 3 If the grievance is not resolved as provided in Step 2, it shall be forwarded
by the aggrieved employee or Association representative to the Police Chief
with a copy to the City Human Resources Director within fourteen (14)
calendar days after the Step 2 answer. The Police Chief shall convene a
meeting within fourteen (14) calendar days after receipt of the grievance
between the aggrieved employee and Association representative, together
with Department representatives as designated by the Chief. The City
Human Resources Director or a designee may attend said meeting. Within
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fourteen (14) calendar days after the meeting, the Police Chief shall forward
a reply to the Association.
Step 4 If the grievance is not resolved as provided in Step 3, or if the grievance is
initially submitted at Step 3 pursuant to Section 16.4, the grievance shall be
forwarded within fourteen (14) calendar days after receipt of the Step 3
answer. Said grievance shall be submitted by the Association to the Director
of Operations with a copy to the Police Chief. The Director of Operations or
a designee shall investigate the grievance and, if deemed appropriate, shall
convene a meeting between the appropriate parties. The Director of
Operations shall thereafter forward a written reply within fourteen (14)
calendar days after receipt of the grievance or the meeting between the
parties.
Step 5 If the grievance is not settled in Step 4, either of the signatory parties to this
Agreement may refer the grievance to arbitration.
The City (through its Director of Operations or designee) and the Association
may select a third disinterested party to serve as an arbitrator. In the event
that the parties are unable to agree upon an arbitrator, the arbitrator shall be
selected from a list of nine (9) Washington and Oregon arbitrators obtained
from the Federal Mediation and Conciliation Services, each party alternately
striking a name from the list until only one name remains. Cases that are
referred to arbitration shall be so referred within thirty (30) calendar days
after the Association's receipt of the Step 4 answer and shall be
accompanied with the following information.
a. Identification of section(s) of the Agreement allegedly violated;
b. Nature of the alleged violation; and
C. Remedy sought.
Section 16.6. Arbitrator's Authority
In connection with any arbitration proceeding held pursuant to this Agreement, it is
understood as follows:
1. The arbitrator shall have no power to render a decision that will add to,
subtract from, alter, change, or modify the terms of this Agreement. The
arbitrator's power shall be limited to the interpretation or application of the
express terms of this Agreement, and all other matters shall be excluded
from arbitration.
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2. The decision of the arbitrator shall be final, conclusive and binding upon the
City, the Association, and the employee(s) involved.
3. The cost of the arbitrator shall be bome equally by the City and the
Association, and each party shall bear the cost of presenting its own case.
4. The arbitrator's decision shall be made in writing and shall be issued to the
parties within thirty (30) calendar days after the case is submitted to the
arbitrator.
5. Any arbitrator selected under Section 16.5, Step 5 of this Agreement shall
function pursuant to the rules and regulations of the Federal Mediation and
Conciliation Services unless stipulated otherwise in writing by the parties to
this Agreement.
Section 16.7. Election of Remedies
Actions subject to appeal through either this contract grievance procedure or pertinent Civil
Service appeal procedures must follow either the grievance procedure contained herein
or pertinent procedures regarding such appeals to the Civil Service Commission, including
applicable deadlines. Under no circumstances may an employee use both the contract
grievance procedure and Civil Service Commission procedures relative to the same action.
An election between those procedures shall be made within thirty (30) calendar days of the
filing of the grievance or the commencement of the Civil Service hearing, whichever comes
first. The Employer shall endeavor to accommodate the work schedule of employees who
are the subject of a Civil Service hearing or grievance arbitration, provided that the
Employer is not required to alter the schedule of any employee to make this
accommodation.
Section 16.8. Retroactivity
Arbitration awards or grievance settlements shall not be made retroactive beyond the date
of the occurrence or nonoccurrence upon which the grievance is based, that date being
ten (10) working days or less prior to the initial filing of the grievance.
ARTICLE 17 - POLICE OFFICERS' BILL OF RIGHTS
The City retains the right to adopt rules for the operation of the Kent Police Department
and the conduct of its employees provided that such rules do not conflict with City
Ordinances, City and State Civil Service rules and regulations as they exist, or any
provision of this Agreement. It is agreed that the City has the right to discipline, suspend,
or discharge any employee for just cause.
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Section 17.1. Bill of Rights
In an effort to ensure that investigations made by an officer as designated by the Chief of
Police of the Kent Police Department, are conducted in a manner which is conducive to
good order and discipline, the employees shall be entitled to the protection of what shall
hereafter be termed as the "Police Officers Bill of Rights" as follows:
A. Every employee who becomes the subject of an internal investigation shall be
advised in writing at the time of the interview that they are suspected of:
1. Committing a criminal offense; or
2. Misconduct that would be grounds for termination, suspension, or other
disciplinary action.
B. Any employee who becomes the subject of a criminal investigation shall have all
rights accorded by the State and federal constitutions and Washington law.
C. The employee under investigation must, at the time of an interview, be informed of
the name of the officer in charge of the investigation and the name of the officer
who will be conducting the interview.
D. Twenty-four (24) hours before any interview commences, the employee shall be
informed, in writing, of the following:
• Nature of the investigation,
• Whether the employee is considered a witness or suspect at that stage of the
investigation,
• Who is the complainant or the victim,
• What reportedly took place,
• When it happened,
• Where it happened, and
• The employee's right to have a KPOA representative present.
E. The interview of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigency of the interview dictates otherwise.
F. At the cost of the requesting party and in accordance with Washington State Law,
RCW, 9.73, the employee or City may request that an investigation interview be
recorded, either mechanically or by a stenographer. There can be no "off-the-
record" questions. Upon request, the employee under an investigation shall be
provided an exact copy of any written statement the employee has signed, or at the
employee's expense a verbatim transcript of the interview.
(pAunioMpofficeAcontrachl999 Contract Final.doc 7l22l99) 30 of 48
G. Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of improper intimidation or coercion. Twenty-four (24) hours
prior to all investigation interviews, the employee shall be afforded an opportunity
and facilities to contact and consult with his or her Association representative, and
to be represented by the Association repnesentsWe to the extent permitted by law.
The employee shall be entitled to such reasonable intermissions as the employee
shall request for personal necessities, meals, telephone calls, consultation with
his/her representative, and rest periods.
H. No employee shall be required to submit to a polygraph test or to answer questions
for which the employee might otherwise properly invoke the protection of
constitutional amendment against self-incrimination. Nor shall the employee be
dismissed for or shall any other penalty be imposed upon the employee solely for
a failure to submit to a polygraph test, or to answer questions for which the
employee might otherwise invoke the protection of any constitutional amendment
against self-incrimination and provided further, that this provision shall not apply to
either the initial application for employment, or to persons in the field of public law
enforcement who are seeking promotion.
I. Should any section, subsection, paragraph, sentence, clause or phrase in this article
be declared unconstitutional or invalid, for any reason, such decision shall not affect
the validity of the remaining portions of this article.
J. The Association recognizes the administration's effort to improve procedures
involving complaints against its members. In an effort to ensure that these
procedures are accomplishing their goals, there will be an annual review of the
procedures in a meeting between the Association and the department's
administration.
Section 17.2. Psychoiogical Evaluations
The purpose of this Section is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for duty and
the interest of the employee in having those examinations being conducted, in the least
intrusive manner as possible, and in a manner as to protect the employee's right to privacy.
A. Conditions Under Which Evaluations Will Take Place
1. No evaluation will take place without there being a reasonable suspicion to
believe that an employee is psychologically unfit to perform the job. If the
Employer has facts which provide reasonable suspicion that an employee
may be psychologically unfit for duty, the Employer will bring those facts to
the attention of a doctor chosen by it from a list of doctors previously agreed
to by the Employer and the Association. In the event the City and the
(p:\un1on\pofficer\contract\1999 Contract Final.doc 1/22/99) 31 of 48
Association do not reach agreement on an appropriate list, the City may
select a doctor of its choosing.
2. Any relevant medical history of the employee which the examining doctor
requests shall be released by the employee only to the examining doctor.
B. Results of the Evaluation
The doctor will issue a written report to the Employer and the employee. The only
information which the doctor may disclose shall be whether the employee is fit or
unfit for duty or requires modified work conditions, and the prognosis for recovery.
Additionally, where the cause of the unfitness is duty-related, the doctor shall
disclose that cause. If the doctor believes the employee is fit for duty but needs
modified work conditions, the doctor will indicate what modifications are necessary
and the extent or duration projected of the modification. The doctor will keep all
data that has been made available to him or her confidential and not release it to
any of the parties except the employee. Modified work conditions may include light
duty assignments as provided in Section 6.7.
C. As used in this section, "doctor" refers to a psychologist or psychiatrist.
ARTICLE 18 - COMPENSATION
Section 18.1. Salaries
Police Salaries - MONTHLY
Required Months
Police Class (Steps) 1/1/99 in Each Stec
Probation Officer (A) $3369 6 months
Patrol Officer 4 (B) 3641 12 months
Patrol Officer 3 (C) 3869 12 months
Patrol Officer 2 (D) 4116 12 months
Patrol Officer 1 (E) 4388
Sergeant 5196
Police Salaries - HOURLY
Required Months
Police Class (Steps) 111/99 in Each Step
Probation Officer (A) $19.44 6 months
Patrol Officer 4 (B) 21.01 12 months
(pAun1on\poificer\contract\1999 Contract Final.doc 1122/99) 32 of 48
Patrol Officer 3 (C) 22.32 12 months
Patrol Officer 2 (D) 23.75 12 months
Patrol Officer 1 (E) 25.32
Sergeant 29.98
The above salary schedule represents the following increases:
A. Effective January 1, 1999, all members of the bargaining unit shall receive a 2.5%
increase, which is the equivalent of 100% of the Seattle-Tacoma-Bremerton CPI-W,
July. In addition, the Sergeant rank shall receive an additional increase equivalent
to 5% to bring their base pay up to the equivalent of 18.4% differential above a top
step Patrol Officer.
B. Effective January 1, 2000, all members of the bargaining unit shall receive a cost
of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton CPI-W, June.
C. Effective January 1, 2001, all members of the bargaining unit shall receive a cost
of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton CPI-W, June.
Section 18.2. Salary Plan
The above salary plan requires that any officer in the Department must satisfactorily serve
forty-two (42) consecutive months on the Kent Police Department in order to reach the top
step in the pay plan. Changes in grade will be made on the completion of each cumulative
service period completed i.e., after 6 months, after 18 months, after 30 months, after 42
months). The only exceptions shall be those provided by Civil Service, wherein education
or prior police experience or training allow employees to be hired at grades higher than
probationary.
Section 18.3. Premium Pay
A. Premium pay of 3.5 percent of base pay per month in addition to regular pay shall
be granted to officers who are assigned to the Detective Unit, Pro-Act, Public
Information Officer, traffic officer, ERT members and canine unit of the Kent Police
Department. The two Officers presently assigned to Crime Prevention and Training
will continue to receive the premium pay of 3.5 percent until such time as the
assignments are reassigned. When these two assignments are refilled, the new
Officers will not be eligible for any premium pay.
B. Premium pay of 6 percent of base pay per month in addition to regular pay shall be
granted to employees assigned as field training officers in the patrol division of the
Kent Police Department.
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C. It is understood that there will be no pyramiding of premium pay and that an officer
can only receive premium pay for one assignment at a time.
Section 18.4. Working Out of Classification
A. Any employee who is assigned to perform duties of a higher paying classification
for periods of one full shift or more, shall be paid at the rate of the higher
classification. Provided, however, the employee will only be paid the higher rate if
the temporary assignment equals or exceeds two hours.
B. Only temporary assignments to the position of Sergeant and above shall be
considered for"working out of classification" pay.
C. Police administration must make formal acting assignments before provisions of this
section apply, naming person placed in temporary classifications, temporary rank,
and length of time employee will be working out of his regular classification.
Appointments to the rank of acting Sergeant shall be made whenever a regular
Sergeant is absent form his or her shift, provided the shift commander does not
assume the Sergeant's responsibilities, or assigns those duties to the overlapping
Sergeant.
Section 18.5. Longevity and Education Incentive Pay_
The following longevity and educational incentive matrix schedule will remain in effect for
the term of this contract.
A. Employees shall receive longevity pay in accordance with the matrix schedule listed
in subsection 18.5.F. Longevity pay shall be applied to the base salary rates, on a
monthly basis, for employees who have completed the years of continuous service
requirements as listed below.
B. Educational incentive pay shall be awarded to qualified employees who have
obtained an Associate (AA) or Bachelor's (BA) degree based upon length of
continuous service as listed in the matrix. Employees who have attained a Master's
(MA) or Doctorate (PhD) degree shall be paid at the Bachelor's (BA) level. This
incentive pay shall be applied to the base salary rates, on a monthly basis, for
qualified employees.
C. Qualified employees hired on or after January 1, 1997 must have completed five (5)
years of continuous employment with the Kent Police Department to be eligible for
educational incentive pay as listed below.
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D. Qualified employees hired prior to January 1, 1997 who have not reached the
required five years of continuous service will be paid educational incentive levels as
follows:
AA degree - $40.00 per month
BA degree - $80.00 per month
E. Educational and/or longevity pay will be provided based upon the highest education
and longevity level attained. There shall be no pyramiding of educational degrees
or longevity levels.
F. Longevity Pay/Educational Incentive Matrix
Longevity 5 Yrs 10 Yrs 15 Yrs 20 Yrs
No Degree 2.0% 3.0% 4.0% 5.0%
AA Degree 3.0% 4.0% 5.0% 6.0%
BA Degree 5.0% 6.0% 7.0% 8.0%
G. Those employees who have attained a "Junior" status at an accredited university
or college will receive the same compensation as an employee with an AA degree.
In order to qualify for the compensation, all of the credits earned must be
consolidated with one accredited university or college. It is the employee's
responsibility to provide proof of qualification.
Section 18.6. Effective Date of Compensation Increases
The effective date for all increases in compensation shall be the first day of the month of
the employee's anniversary or when otherwise eligible.
Section 18.7. Clothing and Equipment
A. The City shall furnish employees with clothing and equipment required to perform
their assigned duties. Quantity of items shall be in accordance with past practice.
B. The City will repair damage to clothing or equipment which is due to normal wear
and tear in service. Unusual repairs required to be made because of neglect or
abuse by the employee shall be paid for by the employee responsible.
C. Approved accessories to the uniform, which are optional in nature, shall be provided
by the employee according to personal preference.
D. Cleaning and laundry of uniforms supplied by the City shall be the responsibility of
the employee.
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E. Officers who are normally assigned to the Detective Unit, Crime Prevention,
Training, and Research or other assignment when civilian clothing is appropriate will
be allotted:
1. $500 per year for civilian clothing; and
2. Be provided uniforms by the City as required.
Section 18.8. Compensation for Tmining
A. The employee agrees to waive any overtime compensation due him/her as a result
of attending the Washington State Law Enforcement School commonly referred to
as "Basic academy," unless otherwise provided for under F.L.S.A.
B. While attending "basic academy,"the employee shall be relieved of all police-related
duties, provided that if an employee is required by the City to perform police duties
in addition to attending "basic academy," the employee shall be compensated
pursuant to Section 4.2.
C. The City agrees to compensate pursuant to section 4.2 any employee for training
time which is a result of an employee's required attendance at any symposium,
seminar, or training school.
Section 18.9. Timely Compensation
Employees will receive their payroll checks by 12:00 noon on the designated payday.
Concerning employees who wish to participate in the direct deposit option offered by the
City for automatic deposit of paychecks to the banking institution of the Employee's choice,
it is agreed that the timeliness of having funds available by 12:00 (noon) of any given
payday can no longer be guaranteed by the City due to the possibility of unforeseen
banking computer system problems that may arise from time to time. Employees who opt
to participate in this program do not have a 12:00 (noon) guarantee insofar as the banking
transfer network system is concerned. It is mutually understood that the City has no
control of the timeliness of funds being available once transmitted electronically. However,
it is also understood that normal paydays do occur on the 5th and the 20th of each month
and that the City will initiate the electronic transfer of employee pay on the 4th and 19th of
each month to employee accounts.
Section 1810 Matching Deferred Compensation
A. The City will match an employee's contributions in the City's voluntary deferred
compensation program at a rate of one for one, up to a maximum City contribution
of two percent (2%) of a top step Police Officer's annual base pay.
(pAunion\pofficer\contractN 999 Contract Final.doc 1/22/99) 36 of 48
B. The City's total annual maximum contribution will be calculated based on the pay
rate effective January 1 each year, and that amount will then be divided and
contributed over the twenty four(24) pay periods in the year. In order to be eligible
for this matching contribution, the employee's contribution must be equal to or
greater than the City's per pay period contribution. In addition, the employee will
make their participation choice within a two-week annual enrollment period as
designated by Human Resources. Changes to the employee's portion of Deferred
Compensation contributions may be made mid-year, but the City's contribution will
be set during the designated open enrollment period.
For example:
If two percent(2%) of a top step Police Officer's base pay equals $1,053.12/year,
this is divided into twenty-four (24) pay periods and the City's per pay period
matching amount would be $43.88. The employee's per pay period minimum
contribution would be $43.88.
1) If the employee contributes $43.88/pay period, the City will match $43.88/pay
period.
2) If the employee contributes $100.00/pay period, the City will match
$43.88/pay period.
3) If the employee contributes $20.00/pay period, the City will match $0/pay
period.
C. New hires will be eligible to commence participation in the matching deferred
compensation program based on their date of hire. If an employee is hired
between the 1' and 7' or the 16" and 22nd of the month, the employee will be
eligible for the full matching amount for that pay period if he or she meets the
matching criteria as stated in B above. If an employee is hired between the 8t"
and 15t" or the 23nd and the end of the month, the employee will not be eligible to
participate in the matching program until the following pay cycle.
The designated open enrollment period for a new hire for the initial employment
year shall be the employee's first two weeks of employment with the Kent Police
Department.
Section 18.11. Accreditation Pay
Effective January 1, 1999, the salary levels provided herein shall be increased by one
percent (1%) in recognition of the Kent Police Department's national accreditation
status. The additional salary shall remain in effect during the period of this Agreement
for as long as the Department retains its accreditation.
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ARTICLE 19 - INSURANCE COVERAGE
Section 19.1. Health Can Insurance
Subsection 19.1.1. Plans Offered
For the term of the contract the following health care plans will be offered to bargaining unit
members, effective the first of the month following date of signing:
A. Premera Blue Cross, Enhanced Prudent Buyer (PPO) Plan
B. Group Health Cooperative (HMO), with $5.00 copays for office visits and
prescription drugs; and VSP Vision.
Subsection 19.1.2. Employee Coverage
Employees in the bargaining unit shall receive a fully paid health care plan as noted in
subsection 19.1.1 above underwritten by a company who provides such insurance
nationwide. The monthly premium cost shall be paid by the City.
Subsection 19.1.3. Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the plans
offered by the City. The employee shall pay the following monthly premiums depending
upon the coverage and plan elected:
Preferred Grow Health
Employee/Spouse $15/mo. 25/mo.
Employee/Children 10/mo. 15/mo.
Employee/Family 25/mo. 65/mo.
If in the future, the Association can prove, through court documents, that the City's practice
of charging a higher employee dependent premium for one plan over the other to be illegal,
both parties agree to reopen this Health Insurance Section of the contract with the intent
of negotiating terms to comply with court requirements.
Subsection 19.1.4. LEOFF I Health Coverage Reguirement
The City shall provide medical coverage of LEOFF I employees as required by law.
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Section 19.2. Life Insurance
The City shall pay the entire premium for double indemnity life insurance coverage for each
eligible member of the bargaining unit. The amount of coverage will be equal to the
employee's annual base salary to the maximum of$50,000.
Section 19.3. Forms Handling
A. The Association and its membership agree to cooperate with the City in all
requirements relating to insurance forms and processing such. It is mutually agreed
that forms handling is a necessary part of the employee and City's duties, and that
expeditious handling is in the best interest of both parties.
B. Each employee shall be responsible for obtaining and filling out necessary
application forms, change in coverage forms, or providing other information
necessary to determine eligibility for insurance coverage.
Section 19.4. Health Care Task Force
The parties agree that the Association's participation on the City's Health Care Task Force
has been mutually beneficial. The parties agree to meet and develop a letter of
understanding that describes the purpose of the Task Force and the parameters under
which the Task Force operates. Furthermore, the parties recognize that there must be
representation and participation by all Unions on the Task Force.
Section 19.5. Hepatitis B Vaccination Program
The City will provide employees with the opportunity to receive vaccinations and the follow
up tests to help prevent contraction of the Hepatitis B virus. The program will be voluntary
in nature and in accordance with applicable Washington State Law, WISHA directives, and
Labor 8r Industry regulations, and Kent Police Department policies. Employees who wish
to waive their opportunity to receive vaccinations and follow up tests after exposure must
sign a waiver form.
Section 19.6. Long Term Disabli ty Insurance
Effective August 1, 1997, the Kent Police Officers Association will administer its own Long
Term Disability Insurance program.
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ARTICLE 20 - MILITARY LEAVE
Employees of the bargaining unit shall be granted a cumulative of fifteen (15) days of paid
military leave per calendar year as required by state law.
ARTICLE 21 - SMOKE FREE WORK PLACE
The Association and the City agree that in order to create a health work environment, to
protect the public and reduce overall risk, the members of the bargaining unit agree to
comply with the City policy concerning "Smoking".
ARTICLE 22 - SUBSTANCE ABUSE TESTING
The procedure outlined in this article for drug and alcohol testing shall become a part of
the Labor Agreement between the City of Kent and the Kent Police Officers Association,
and shall be covered by all applicable articles within that Agreement.
Section 22.1. Policy
The City and the Association recognize that drug use by employees would be a threat to
the public welfare and the safety of department personnel. It is the goal of this policy to
eliminate or absolve illegal drug usage through education and rehabilitation of the affected
personnel. The use of alcoholic beverages or unauthorized drugs shall not be permitted
at the City's work sites and/or while an employee is on duty nor shall an employee report
for duty under the influence of alcohol or unauthorized drugs.
While the City wishes to assist employees with alcohol or chemical dependency problems,
safety is the City's first priority. Therefore, employees must not report for work or continue
working if they are under the influence of, or impaired by, the prohibited substances listed
in Sections 22.5 and 22.6 of this article. Employees participating in treatment programs
are expected to observe all job performance standards and work rules.
Section 22.2. Informing Employees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy. Employees
will be provided with information concerning the impact of the use of alcohol and drugs on
job performance. In addition, the City shall inform the employees on how the tests are
conducted, what the tests can determine and the consequence of testing positive for drug
use. No employee shall be tested before this information is provided to him/her.
Employees who voluntarily come forward and ask for assistance to deal with a drug or
alcohol problem shall not be disciplined by the City.
(pAunion\pofficer\contract\1999 Contract Final.doc 1/22/99) 40 of 48
The City encourages employees to seek treatment for drug and alcohol abuse voluntarily.
To encourage employees to do so, the City makes available the Employee Assistance
Program (E.A.P.). Any employee who notifies the City of alcohol or chemical abuse
problems will be given the assistance offered to employees with any other illness. As with
other illnesses, the City may grant sick leave, vacation leave or leaves of absence without
pay for treatment and rehabilitation of drug and alcohol abuse.
Any decision to voluntarily seek help through the Employee Assistance Program, or
privately, will not interfere with an employee's continued employment or eligibility for
promotional opportunities. Information regarding an employee's participation in the
Employee Assistance Program will be maintained in confidence.
Section 22.3. Employee Testing
Unless otherwise required by federal law, employees shall not be subject to random urine
testing or blood testing or other similar or related tests for the purpose of discovering
possible drug or alcohol abuse. If the City has reasonable suspicion to believe an
employee's work performance is impaired due to drug or alcohol use, the City may require
the employee to undergo a drug and/or alcohol test consistent with the conditions set forth
in this article.
Reasonable suspicion for the purposes of this article is defined as follows: the City's
determination that reasonable suspicion exists shall be based on specific, articulated
observations concerning the appearance, behavior, speech or body odors of an employee
and shall include, as a minimum, a written report documenting objective, measurable
changes in an employee's work performance due to unauthorized drug or alcohol use by
two (2) observers who have adequate opportunity to observe these changes.
Section 22.4. Sample Colloction
The collection and testing of samples shall be performed only by a laboratory and by a
physician or health care professional qualified and authorized to administer and determine
the meaning of any test results. The laboratory performing the test shall be one that is
certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be
agreed to by the Association and the City. The results of employee tests shall be made
available to the Medical Review Physician as defined in Section 22.7.
Collection of blood or urine samples shall be conducted in a manner which provides for the
highest, reasonable degree of security for the sample and freedom from adulteration.
Blood or urine samples will be submitted as per NIDA standards including the recognized
chain of custody procedures. Employees have the right for Association and/or legal
representation to be present during the submission of the sample. Employees shall not
be witnessed while submitting a urine specimen. Prior to submitting to a urine or blood
(pAunion\pofficer\contract\1999 Contract Final.doc 1122/99) 41 of 48
sample, the employee will be required to sign a consent and release form as set forth in
Section 22.14 below.
A split sample shall be reserved in all cases for an independent analysis in the event of a
positive test result. All samples must be stored in a scientifically acceptable preserved
manner as established by NIDA. All positive confirmed samples and related paperwork
must be retained by the laboratory for at least six (6) months or for the duration of any
grievance, disciplinary action, or legal proceedings, whichever is longer. At the conclusion
of this period, the laboratory's paperwork and specimen shall be destroyed. Tests shall be
conducted in a manner to ensure that an employee's legal drug use and diet does not
affect the test result.
Section 22.5. Drug Testing
The laboratory shall test for only the substances and within the limits as follows for the
initial and confirmatory test as provided within NIDA standards. The initial test shall use
an immunoassay test procedure which meets the requirements of the Food and Drug
Administration for commercial distribution. The following initial cutoff levels shall be used
when screening specimens to determine whether they are negative for these five drugs or
classes of drugs:
INITIAL TESTING
Marijuana metabolites.................................................. 100 ng/ml
Cocaine metabolites .................................................... 300 ng/ml
Opiate metabolites'...................................................... 300 ng/ml
Phencyclidine............................................................... 25 ng/ml
Amphetamines............................................................. 1000 ng/ml
(1) If immunoassay is speck for free morphine, the initial test level is 25 ng/ml.
If initial test results are negative, testing shall be discontinued, all samples destroyed and
records of the testing expunged from the employee's files. Only specimens identified as
positive on the initial test shall be confirmed using gas chromatography/mass spectrometry
(GC/MS) techniques at the following listed cutoff values.
CONFIRMATORY TESTING
Marijuana metabolites'................................................. 15 ng/ml
Cocaine metabolites2................................................... 150 ng/ml
Opiate metabolites
Morphine ...............................................................300 ng/ml
Codeine ...............................................................300 ng/ml
Phencyclidine............................................................... 25 ng/ml
(pAunion\pofficer\contract\1999 Contract Final.doc 1/22/99) 42 of 48
Amphetamines
Amphetamine .........................................................500 ng/ml
Methamphetamine..................................................500 ng/ml
(1) Delta-9-tetrehydrocannabinol-9-carboxylic acid
(2) Senzoylecgonine
If confirmatory testing results are negative, all samples shall be destroyed and records of
the testing expunged from the employee's files.
Drug test results gathered under this article will not be used in a criminal investigation or
prosecution.
Section 22.6. Alcohol Testing
A breathalyzer or similar equipment certified by the state toxicologist shall be used to
screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test performed
by a qualified laboratory. This screening test shall be performed by an individual properly
qualified to perform the tests utilizing appropriate equipment. An initial positive alcohol
level shall be 0.04 grams per 210 L. of breath. That is, if both breaths register at .04 or
above, that constitutes a positive test. If only one breath is at .04 or above and the other
is below .04, the test is negative. If initial testing results are negative, testing shall be
discontinued, all samples destroyed and records of the testing expunged from the
employee's files. Only specimens identified as positive on the initial test shall be confirmed
using a blood alcohol level. Sample handling procedures, as detailed in Section 22.4, shall
apply. A positive blood alcohol level shall be 0.04 grams per 100 ml of blood. If
confirmatory testing results are negative, all samples shall be destroyed and records of the
testing expunged from the employee's files.
Section 22.7. Medical Review Physician
The Medical Review Physician shall be chosen and agreed upon between the Association
and the City and must be a licensed physician with a knowledge of substance abuse
disorders. The Medical Review Physician shall be familiar with the characteristics of tests
(sensitivity, specificity and predictive value), the laboratories conducting the tests and the
medical conditions and work exposures of the employees.
The role of the Medical Review Physician will be to review and interpret the positive test
results. He/she must examine alternative medical explanations for any positive test results.
This action shall include conducting a medical review with the affected employee, review
of the employee's medical history and review of any other relevant biomedical factors. The
Medical Review Physician must review all relevant medical records made available by the
tested employee when a confirmed positive test result could have resulted from legally
prescribed medication.
(p:%unionVofficerkwntract\1999 Contract Final.doc 1/22/99) 43 of 48
Section 22 8. Laboratory Results
The laboratory will advise only the employee and the Medical Review Physician of any
positive results. The results of any positive drug or alcohol test can only be released to the
City by the Medical Review Physician once he/she has finished review and analysis of the
laboratory's test. Unless otherwise required by law, the City will keep the results
confidential and shall not release them to the general public.
Section 22.9. Testing Proamm Costs
The City shall pay for all costs involving drug and alcohol testing as well as the expenses
associated with the Medical Review Physician. The City shall also reimburse each
employee for their time and expenses including travel incurred involving the testing
procedure only.
Section 2210. RehabNitation Program
Any employee who tests positive for a substance listed in Sections 22.5 and 22.6 of this
article as determined by the Medical Review Physician in Section 22.7 shall be medically
evaluated, counseled and treated for rehabilitation as recommended by the E.A.P.
counselor. In the event the employee disagrees with the treatment recommended by the
E.A.P. counselor, the employee may choose to obtain a second opinion from a qualified
physician of his/her choice. Employees who complete a rehabilitation program may be re-
tested randomly for one (1) year following completion of a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who enter the program on their own shall not be subject by the City to random
re-testing. Employees will be allowed to use their accrued and earned leave for the
necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if the
employee requires additional counseling and/or treatment. The employee will be solely
responsible for any costs, not covered by medical benefitslinsurance, which arise from this
additional counseling or treatment.
Section 2211 Duty Assignment After Treatment
If the duty assignment for an employee is modified or changed as a result of a
rehabilitation program, then after an employee successfully completes his/her rehabilitation
program, the employee shall be returned to the regular duty assignment held prior to the
rehabilitation program. Once treatment and follow-up care is completed, and one (1) year
has passed with no further violations of this article, the employee's personnel and medical
files shall be purged of any reference to his/her drug problem or alcohol problem.
(pAunion\pofficer\contrectN999 Contract Final.doc 1t22t99) 44 of 48
Section 22.12. Right of ARR@al
The employee has the right to challenge the result of the drug or alcohol test and any
discipline imposed in the same manner that he/she may grieve any other City action.
Section 22.13. Association Held Harmless
This drug and alcohol testing program was initiated at the request of the City. The City
assumes the sole responsibility for the administration of this Article and shall be solely
liable for any legal obligations and costs arising out of the provisions and/or application of
this collective bargaining agreement relating to drug and alcohol testing. The Association
shall be held harmless for the violation of any worker rights arising from the administration
of the drug and alcohol testing program.
(pAunion\poffioer\contract\1999 contract Final.doc 1/22199) 45 of 48
Section 22.14. Consent for Sampling and Rekwwo of Information Form
CONSENT/RELEASE
Subject to my rights under Article 22 of the Collective Bargaining Agreement between the
Kent Police Officers Association and the City of Kent, I consent to the collection of a
urine/blood sample by and its
analysis by for those drugs specified in the
Collective Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to the City of
Kent only after the laboratory's results have been reviewed and interpreted by the Medical
Review Physician. The information provided to the employer shall be only whether the
tests were confirmed positive or were negative and not any other results of the test without
my written consent. The laboratory is not authorized to release the results of this test to
any other person without my written consent.
I understand I have the right to my complete test results and that the laboratory will
preserve the sample for at least six (6) months. I have the right to have this sample split
and a portion tested at a second laboratory of my choice at my expense in the event the
test results are confirmed positive.
I understand that the City is requiring me to submit to this test as a condition of my
employment and that alteration of the sample or failure to reasonably cooperate with the
collection of a urine/blood sample will result in disciplinary action by the City.
I understand that a confirmed positive test may result in a requirement that I undergo
rehabilitation.
By signing this consent form, I am not waiving any of my rights under any federal, state or
local law, statute, constitution, ordinance, administrative rule or regulation or common law
provision. I understand that I have the right to challenge any confirmed positive test result
and any Employer action based thereon by filing a grievance under the Collective
Bargaining Agreement.
Date Employee Signature
Witness
(p:\union\pofficer\contract\1999 Contract Final.doc 1/22/g9) 46 of 48
ARTICLE 23 - SAVINGS CLAUSE
If any article of the agreement or any addenda hereto should be held invalid by operation
of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of
any article should be restrained by such tribunal, the remainder of the agreement and
addenda shall not be affected thereby and the parties shall enter immediate collective
bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement
of such article.
ARTICLE 24 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement between the
parties and no oral statement shall add to or supersede any of its provisions.
The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for collective
bargaining. The results of the exercise of that right are set forth in this agreement.
Therefore, except as otherwise provided in the agreement, each voluntarily and without
qualification agrees to waive the right to oblige the other party to bargain with respect to
any subject or matter specifically covered by this agreement.
(pAunioMpofficeAcontrachl999 Contract Finawoc 1/22/99) 47 of 48
ARTICLE 25 - TERM OF AGREEMENT
This Agreement shall become effective January 1, 1999, and shall remain in force until
December 31, 2001.
Signed this 9 day of 1999, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICERS ASSOCIATION
By By
Jim ite, Mayor Frank Connelly, Association Pr ident
By BY
Su Viseth Wayne imple
Human Resources Director Negotiations Team Member
Approved as to form: By
Paul Peter
Negotiations Team Member
C Attorney BY aK "k Randy Bour
Attest: Negotiations Team Memb r
By J.
Glenn owrey
Negotiations Team Member
4Cityerk
(pAunion\pofficerkontract\1999 Contract Final.doc 1/22/99) 48 of 48
MEMORANDUM OF UNDERSTANDING
Between
CITY OF KENT
And
KENT POLICE OFFICERS ASSOCIATION (K.P.O.A.)
Representing
Sergeants and Officers
The parties have met to discuss the issue of Work Out of Class Pay for all members of the
bargaining unit. The result of the parties' agreement is outlined in this Memorandum of
Understanding, which is intended to replace all related written or implied provisions and
practices.
Section 18.4—Work Out of Class Pay, paragraph A of the 1999-2001 labor agreement will
be replaced by the following language:
A. Any employee who is assigned to perform duties of a higher paying classification
shall be paid at the rate of the higher classification. The employee will only be paid
at the higher Sergeant rate if the temporary assignment equals or exceeds two (2)
hours. The employee will only be paid at the higher Lieutenant rate if the temporary
assignment equals or exceeds one full work week.
Paragraphs B and C of this section of the contract shall remain unchanged.
The above represents the parties' full understanding and agreement to this issue.
Signed the day of May, 1999.
CITY OF KENT KE�rN.T /POLICE OFFICERS ASSOCIATION
NV ""R C-o� rclTr 6 ILA /9 9
ue Viseth Date Frank Connelly Date
Employee Services Director K.P.O.A. President
M4 IlIwIgg
Anh Hoang Date Glen Lowrey a e
Senior Human Resources Analyst K.P.O.A. Negotiations Team Member
Randy Bourne Date
K.P.O.A. Negotiations Team Member
PAUNIOMPOFFICEM99-01 ContracAMOMWk Out of Class.doc
MEMORANDUM OF UNDERSTANDING
Between
CITY OF KENT
And
KENT POLICE OFFICERS ASSOCIATION (K.P.O.A.)
Representing
Sergeants and Officers
The parties have met to discuss the issue of Compensatory Time for all members of the
bargaining unit. The result of the parties' agreement is outlined in this Memorandum of
Understanding, which is intended to replace all related written or implied provisions and
practices.
Section 4.5 —Compensatory Time. The following paragraph will be added to Section 4.5
of the 1999-2001 labor agreement:
E. Any employee of the Kent Police Department who is assigned to perform work for
an outside contracted agency will continue to be covered by the terms of this labor
agreement, which includes the eligibility to accrue and use compensatory time in
lieu of overtime in accordance with this section. However, all compensatory hours
earned while working for the contracted agency shall be used or cashed out prior
to the employee's return to regular duty with the Kent Police Department. All
compensatory hours earned while working for the Kent Police Department may be
used with the Department.
The above represents the parties' full understanding and agreement to this issue.
Signed the day of May, 1999.
CITY OF KENT KENT POLICE OFFICERS ASSOCIATION
S e Viseth Date Frank Connelly U Date
Employee Services Director K.P.O.A. President
a,U. AkCJ tl�Ig /9
Anh Hoang Date Glenn Lowrey Date
Senior Human Resources Analyst K.P.O.A. Negotiations Team Member
Randy Bourne Date
K.P.O.A. Negotiations Team Member
PAUNIOMPOFFICERM-01 ContractWOUW.5 Comp Time.doc