HomeMy WebLinkAboutCAG2001-0490 - Original - Kent Police Officers Association (KPOA) - Police Captains and Lieutenants: 2001-2002 Labor Agreement - 01/01/2001 CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE CAPTAINS AND LIEUTENANTS
2001-2002 LABOR AGREEMENT
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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
SECTION 1.5. PROBATIONERS........................................................................................2
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION.....................2
SECTION 2.1. ELIGIBILITY...............................................................................................2
SECTION 2.2. ASSOCIATION MEMBERSHIP.......................................................................2
SECTION 2.3. DUES DEDUCTION.....................................................................................2
ARTICLE 3 - EMPLOYMENT PRACTICES....................................................................3
SECTION 3.1. PERSONNEL REDUCTION ...........................................................................4
SECTION 3.2. SEVERANCE PAY/NOTICE..........................................................................4
SECTION 3.3. ESTABLISHMENT OF REINSTATEMENT REGISTERS .......................................4
SECTION 3.4. EMPLOYEE STATUS WHEN REINSTATED .....................................................5
SECTION 3.5. EEO/NONDISCRIMINATION ........................................................................5
SECTION 3.6. PERSONNEL FILES....................................................................................5
ARTICLE 4 - HOURS OF WORK....................................................................................6
SECTION 4.1. WORKDAY AND WORKWEEK....................................................................6
SECTION 4.2. EXECUTIVE LEAVE ....................................................................................6
SECTION 4.3. CALL OUT DUTY.......................................................................................7
SECTION 4.4. DEPUTY CHIEF ASSIGNMENT .....................................................................7
SECTION 4.5. TIMESHEET REPORTING ............................................................................7
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES................8
SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES ...................................................8
SECTION 5.2. MODIFIED WORK SCHEDULE......................................................................8
ARTICLE 6 - SICK LEAVE .............................................................................................8
SECTION 6.1. SICK LEAVE BENEFITS...............................................................................8
SECTION 6.2. SICK LEAVE ACCRUAL...............................................................................8
A. LEOFF l Employees..........................................................................................8
B. LEOFF 11 Employees.........................................................................................9
SECTION 6.3. LEOFF II SICK LEAVE USAGE...................................................................9
SECTION 6.4. LEOFF II EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION.......................9
SECTION 6.5. LEOFF I EMPLOYEES LEAVE TO CARE FOR SICK DEPENDENTS ...................9
SECTION 6.6. SICK LEAVE INCENTIVE/BUY-OUT PROGRAM.............................................10
SECTION 6.7. LIGHT DUTY ...........................................................................................10
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ARTICLE 7 - HOLIDAYS ..............................................................................................10
SECTION 7.1. HOLIDAYS OBSERVED.............................................................................11
ARTICLE 8 - EDUCATION ALLOWANCE ...................................................................11
SECTION 8.1. GENERAL POLICY ...................................................................................11
SECTION 8.2. OFFICERS - POLICY ................................................................................12
SECTION 8.3. CLASS ATTENDANCE...............................................................................12
SECTION 8.4. REIMBURSEMENT PROCEDURES ..............................................................12
SECTION18.5. EDUCATION ALLOWANCE.......................................................................13
ARTICLE 9 - ANNUAL LEAVE.....................................................................................13
SECTION 9.1. ANNUAL LEAVE.......................................................................................13
SECTION 9.2. SCHEDULING ANNUAL LEAVE...................................................................13
SECTION 9.3. MAXIMUM ACCRUAL................................................................................13
ARTICLE 10 - PENSIONS ............................................................................................14
ARTICLE 11 - BEREAVEMENT ...................................................................................14
ARTICLE 12 - CITY SUPPLIED EQUIPMENT..............................................................14
ARTICLE 13 - MANAGEMENT RIGHTS ......................................................................15
SECTION 13.1. GENERAL MANAGEMENT RIGHTS ...........................................................15
SECTION 13.2. VOLUNTEERS AND TEMPORARY EMPLOYEES...........................................16
ARTICLE 14 - PERFORMANCE OF DUTY..................................................................16
SECTION 14.1. NON-STRIKE PROVISIONS......................................................................16
SECTION 14.2. PERFORMANCE OF DUTY.......................................................................16
ARTICLE 15 - CONFERENCE BOARD - NA ...............................................................17
ARTICLE 16 - GRIEVANCE PROCEDURE..................................................................17
ARTICLE 17 - POLICE OFFICERS' BILL OF RIGHTS ................................................19
SECTION 17.1. BILL OF RIGHTS....................................................................................19
SECTION 17.2. PSYCHOLOGICAL EVALUATIONS. ............................................................21
ARTICLE 18 - COMPENSATION..................................................................................22
SECTION 18.1. SALARIES.............................................................................................22
SECTION 18.2. WORKING OUT OF CLASSIFICATION........................................................23
SECTION 18.3. LONGEVITY AND EDUCATION INCENTIVE PAY...........................................23
SECTION 18.4. EFFECTIVE DATE OF COMPENSATION INCREASES....................................24
SECTION 18.5. CLOTHING AND EQUIPMENT...................................................................24
SECTION 18.6. COMPENSATION FOR TRAINING ..............................................................25
SECTION 18.7. TIMELY COMPENSATION ........................................................................25
SECTION 18.8. MATCHING DEFERRED COMPENSATION ..................................................25
SECTION 18.9. ACCREDITATION PAY.............................................................................26
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SECTION 18.10. COMPARABLE JURISDICTIONS ..............................................................27
ARTICLE 19 - INSURANCE COVERAGE....................................................................27
SECTION 19.1. HEALTHCARE INSURANCE.....................................................................27
Subsection 19.1.1. Plans Offered..........................................................................27
Subsection 19.1.2. Employee Coverage ...............................................................27
Subsection 19.1.3. Dependent Coverage..............................................................28
Subsection 19.1.4. LEOFF l Health Coverage Requirement.................................28
SECTION 19.2. LIFE INSURANCE...................................................................................28
SECTION 19.3. LONG TERM DISABILITY INSURANCE .......................................................28
SECTION 19.4. FORMS HANDLING.................................................................................28
SECTION 19.5. HEALTH CARE TASK FORCE ..................................................................28
SECTION 19.6. HEPATITIS B VACCINATION PROGRAM ....................................................29
ARTICLE 20 - MILITARY LEAVE.................................................................................29
ARTICLE 21 - SMOKE FREE WORK PLACE..............................................................29
ARTICLE 22 - SUBSTANCE ABUSE TESTING...........................................................29
SECTION22.1. POLICY ................................................................................................29
SECTION 22.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING ................30
SECTION 22.3. EMPLOYEE TESTING..............................................................................30
SECTION 22.4. SAMPLE COLLECTION............................................................................30
SECTION 22.5. DRUG TESTING.....................................................................................31
SECTION 22.6. ALCOHOL TESTING................................................................................32
SECTION 22.7. MEDICAL REVIEW PHYSICIAN.................................................................32
SECTION 22.8. LABORATORY RESULTS.........................................................................33
SECTION 22.9. TESTING PROGRAM COSTS ...................................................................33
SECTION 22.10. REHABILITATION PROGRAM .................................................................33
SECTION22.11. DUTY ASSIGNMENT AFTER TREATMENT................................................34
SECTION 22.12. RIGHT OF APPEAL...............................................................................34
SECTION 22.13. ASSOCIATION HELD HARMLESS............................................................34
SECTION 22.14. CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM............34
ARTICLE 23 - SAVINGS CLAUSE...............................................................................36
ARTICLE 24 - ENTIRE AGREEMENT..........................................................................36
ARTICLE 25 - TERM OF AGREEMENT.......................................................................37
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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
Captains and Lieutenants in the Kent Police Department.
Section 1.2. Representation During Negotiations
For the purpose of negotiations between the parties, there shall be no more than two (2)
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 limited to regular negotiations sessions between the
City and the Association negotiating team members during their scheduled duty
hours. This section shall apply only to members of the Association's negotiating
team and members who may be required to participate.
B. Association employee representatives shall be allowed a reasonable amount of
on-duty time to administer the terms of this agreement. This clause implements
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the current practice of the parties, and is not intended to expand the use of on-
duty time by Association representatives.
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
A. The parties recognize the purpose of a probationary promotion period of
employment 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.
B. During the actual or extended probationary promotion period of employment, the
probationer shall be entitled to the protection of the grievance procedure as
outlined in Article 16. If the employee is unsuccessful in their probationary period
the employee has the right to revert back to their permanently held Civil Service
rank per Civil Service rule XIII.
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.
Section 2.3. Dues Deduction
The following procedure shall be followed in the deduction of dues for members of the
Association:
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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 or promotion.
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.
ARTICLE 3 - EMPLOYMENT PRACTICES
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Section 3.1. 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 least 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.
Section 3.2. Severance Pay/Notice
All non-probationary employees shall in the event of a reduction in force be entitled to
two (2) weeks notice of such reduction and shall be paid at the time of separation, a
sum equal to two (2) weeks pay minus standard deductions at the current rate of pay.
Such severance pay shall be in addition to any and all monies due the employee at the
time of separation. Provided, 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 3.3. Establishment of Reinstatement Registers
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.
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Section 3.4. 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 3.5. 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 solely for the purpose of illustration and shall not be construed to indicate the
gender of any employee or job applicant.
Section 3.6. 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 Employee Services
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 Employee
Services Department.
B. All Police personnel files must be kept, maintained and secured in the confines of
the Police Chiefs Office and the Employee Services Department. The Police
Chief and the Employee Services Director, or their designee, shall be responsible
or 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 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
was 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,
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and may examine their file only in the presence of the Police Chief, Employee
Services 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, Employee Services Director, or their designee, responsible for monitoring
the process. The City shall accommodate such request at a time convenient for
both parties.
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
Section 4.1. Work Day and Work Week
Recognizing that flexibility is required in the scheduling of assignments for command
personnel, the normal work week shall be the equivalent of forty (40) hours per week on
an annualized basis. The normal work schedule shall either be five eight-hour days,
four ten-hour days, or the 9-80 schedule. The determination of which schedule an
employee will work shall be made by the employee, except that Patrol Lieutenants shall
work the four-ten schedule. Scheduling changes may be made by the Police Chief
when there is an operating need requiring a different schedule than that selected by the
employee.
Section 4.2. Executive Leave
It is recognized that employees will be required to spend additional time over and above
their regular work week engaged in activities for the City. Since the employees are
exempt from FLSA overtime, the parties agree that each member of the bargaining unit
should receive executive leave time each year in lieu of overtime/standby pay in the
amount of 100 hours per year.
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When an employee puts in substantial additional hours, the parties shall continue the
current practice concerning flex-time off. Unused executive leave will be cashed out
twice a year by the City, at the end of June and at the end of the year. It is understood
that this Agreement shall be interpreted and applied in a manner, which will ensure, to
the fullest extent possible, the continued exempt status of Lieutenants and Captains.
Section 4.3. Call Out Duty
The parties recognize the benefits of a call-out duty program, which would provide:
1. A systematic avenue for the department to maintain communications with
the command staff during off-duty hours;
2. Cross-training of all employees assigned to call-out rotation; and
3. Flexibility to employees during off duty hours for uninterrupted personal
activities.
To this end, the parties agree to establish a call-out duty program as follows:
1. Each member of the bargaining unit (all Lieutenants and Captains) will be
placed on standby for a one-week rotation basis;
2. When on standby, the employee is responsible to remain fit for duty and
be located within a reasonable distance from Kent Police headquarters in
order to respond to emergency calls within a reasonable period of time;
3. Although only the employee on standby is required to report to the scene,
this does not prohibit the commander of the unit in which the emergency
occurs from reporting to the scene on a voluntary basis;
4. The department will strongly encourage continued training and education
to cross-train and enhance the technical skills of the command staff; and
5. During the assigned standby week, the employee's use of assigned City
vehicle may be more flexible as approved by the employee's immediate
supervisor to allow the employee to respond to calls more readily.
Section 4.4. Deputy Chief Assignment
Assignment to Deputy Chief will be made at the sole discretion of the Police Chief.
While assigned as Deputy Chief, the employee will not be a part of the bargaining unit.
In the event that the employee reverts back to their previous Civil Service rank held
prior to the assignment, the employee will return to the bargaining unit. Time served in
the Deputy Chief assignment will count towards seniority within the bargaining unit for
all associated benefits.
Section 4.5. Timesheet Reporting
Both parties have discussed and agree that the present timesheet reporting method
does not accurately reflect the actual hours worked by employees of the bargaining unit.
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However, employees of this unit agree to sign these documents not to attest its
accuracy, but as a minimum requirement for the purpose of reporting hours of work to
the appropriate state and federal agencies.
The City agrees to work with the appropriate outside agencies and internal departments
to resolve this issue during the course of this contract.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1. Notification of Work Rule Changes
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 or 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
The parties agree to consider modifications to the normal work schedule and rotation
cycle for employees, for a specified period, where there is a demonstrated need. Such
changes shall not be precedent setting. If such modified 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 I 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
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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 eight (8) hours per month. In addition, their sick leave account shall be
credited with 30 additional hours on January 1 of each year, beginning January
1, 1995. Employees hired after January 1 of any calendar year shall receive the
additional hours on a prorated basis. However, under no condition will an
employee's accrual exceed 1,166 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 (18) with a health condition that
requires treatment or supervision as provided for under RCW 49.12.270.
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 Employee Services 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-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
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per year shall be required to take comp 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.
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
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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. All other employees will observe the remaining
holidays on the actual day of the holiday.
If a holiday falls on an employee's normal day off, the employee may take the day
before or the day after the holiday off with supervisor authorization. Holidays taken in
this manner must be taken within thirty (30) calendar days of the actual day of the
holiday. There shall be no banking of holiday hours.
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. Officers - 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.
Section 8.5. Education Allowance
The City will provide up to $1,000 per year, per bargaining unit member towards career
relevant training. These dollars should first be applied to training goals as identified in
the Individual Learning Plans (I.L.P.) as coordinated by the Training Unit of the
department. Funds in excess of that needed for the Individual Learning Plan may be
applied toward other career relevant training. Members understand that should they be
scheduled for training such as the FBI academy, Northwestern, or Southern Police
Institute that these funds would be expected to be applied towards that training.
ARTICLE 9 -ANNUAL LEAVE
Section 9.1. Annual Leave
Effective January 1, 1999, members of the bargaining unit shall receive annual leave
benefits as follows:
Hours of Leave Accrued
Years of Employment Annually Monthly
1 st 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
23rd through 25th year 192 hours 16 hours
26th 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. 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
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maximum accrual by December 31 each year. Executive Leave 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
Employee Services 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 to three (3) days, if required, of leave with pay called
bereavement leave. Final approval to use bereavement leave must be granted
by the Employee Services 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 a nature specified herein. In addition, safety
equipment which might be formally recommended by the police administration and
funded through the Police Department budget. Employees who suffer a loss or damage
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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 Risk Management.
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.
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 uniformed 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.
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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
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 and population, 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 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 and
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.
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ARTICLE 15 - CONFERENCE BOARD — N/A
ARTICLE 16 - GRIEVANCE PROCEDURE
Section 16.1. 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. 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.
Section 16.3. 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. 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. 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.
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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 Employee Services 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
Employee Services Director or a designee may attend said meeting.
Within 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
arbiters 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
C. Remedy sought
Section 16.6. 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, and
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the 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.
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 borne 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) days after the case is submitted to the arbitrator.
5. Any arbitrator selected under Step 5 of this Article 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. 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. 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 employees for just cause.
Section 17.1. Bill of Rights
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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; or
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 nature of the investigation, and whether the employee
is considered a witness or suspect at that stage of the investigation, including the
information: Who is the complainant or the victim, what reportedly took place,
when it happened, and where it happened.
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.
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 representative 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.
PALabor\UNI0N\PCaptLt\99 Neg\PA 2001 Contract 3.doc 20 of 37
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. Psychological 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 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
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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
A. The Lieutenant rank will be paid at the base rate of 137.5% above the top step
Police Officer base pay; and the Captain rank will be paid at the base rate of
151.5%* above the top step Police Officer base pay.
*1.5% of the Captain's 151.5% base pay reflects compensation for required
participation in Community Service activities, which is reopened for negotiation in
2001.
B. Effective January 1, 2002, the Lieutenant rank will be paid at the base rate of
137.5% above the top step Police Officer base pay; and the Captain rank will be
paid at the base rate of 151.5%* above the top step Police Officer base pay. If
for any reason, the Police Officers contract is not settled by January 1, 2002 for
the year 2002, the cost of living adjustment for Police Lieutenants and Captains
will be adjusted when the Officers contract is settled, retroactive to January 1,
2002.
*1.5% of the Captain's 151.5% base pay reflects compensation for required
participation in Community Service activities, which is reopen for negotiation in
2001.
Section 18.2. Community Service Duties
Either party will have the right to reopen this section of the contract for negotiation by
providing written notice to the other party of the intent to renegotiate this section within
six (6) months prior to the effective date of this contract. Only the wages and conditions
associated with this section shall be effected by the reopener. All other articles and
sections of this contract shall remain in effect unless otherwise specified.
If no request for renegotiation of this section is received by the effective date of this
contract, the following provisions will remain in effect.
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It is important to the effective operation of the Kent Police Department to have its
commanders participate in community service activities and organizations. The
commanders' involvement in the Kent community serves as an extension of the
department's community policing philosophy. It also assists to establish the
department's presence in the community and strengthens our commitment of service to
the Kent community.
To this end, the parties agree to the following:
1. Captains of the bargaining unit will participate in a community service
organization or program which serves the citizens of Kent or on behalf of
the Kent Police Department as approved by the Chief;
2. The City shall pay the annual membership fees and weekly meeting meal
cost (for lunch/dinner) associated with these organizations as applicable
by receipt and reimbursement; and
3. The City shall also compensate the Captains for such participation in the
amount equivalent to 1.5% of their base salary per year as reflected in
Section 18.1. Salaries.
Although Lieutenants are not required to participate in community service organizations,
voluntary participation is encouraged by the City. Lieutenants who voluntarily
participate in a community service organization shall be reimbursed for the annual
membership fees and weekly meal cost (for lunch/dinner) associated with these
organizations as applicable by receipt and reimbursement. However, they will not
receive the 1.5% additional compensation to their base pay.
Section 18.3. Working Out of Classification
A. Any employee who is assigned to perform duties of a higher paying classification
for periods of one full week or more, shall be paid at the rate of the higher
classification. A captain acting as Police Chief shall receive a ten percent (10%)
premium over his/her regular base pay.
B. 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/her regular
classification.
Section 18.4. Longevity and Education Incentive Pay
The following longevity and educational incentive matrix schedule will be effective
January 1, 1997.
A. Employees shall receive longevity pay in accordance with the matrix schedule
listed in subsection 18.4 (F). Longevity pay shall be applied to the base salary
PALabor\UNION\PCaptLt\99 Neg\PA 2001 Contract Moc 23 of 37
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/BS) 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/BS)
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.
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/BS 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/BS Degree 5.0% 6.0% 17.0% 18.0%
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 18.5. 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 18.6. Clothing and Equipment
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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.
E. Officers in the bargaining unit will be allotted:
1. $600 per year for civilian clothing. This allowance may be used for the
purchase of business attire or dress shoes for work or to cover the cost of
dry cleaning such attire.
2. Be provided uniforms by the City.
Section 18.7. Compensation for Training
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 18.8. 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 18.9. Matching Deferred Compensation
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A. The City will match an employee's contribution to 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 Police Lieutenant's annual base pay.
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 Employee Services. 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 Police Lieutenant's base pay equals $1,448.16/year, this
is divided into twenty four (24) pay periods and the City's per pay period
matching amount would be $60.34. The employee's per pay period minimum
contribution would be $60.34.
1. If the employee contributes $60.34/pay period, the City will match
$60.34/pay period.
2. If the employee contributes $100.00/pay period, the City will match
$60.34/pay period.
3. If the employee contributes $50.00/pay period, the City will match $0/pay
period.
C. New hires or newly promoted employees 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 1st and 7th or the 16th 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 8th and 15th or the 23rd 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 or newly promoted
employee for the initial employment year shall be the employee's first two weeks
of employment with the Kent Police Department in this bargaining unit.
Section 18.10. 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
PALabor\UNION\PCaptLt\99 Neg\PA 2001 Contract 3.doc 26 of 37
status. The additional salary shall remain in effect during the period of the Agreement
for as long as the Department retains its accreditation.
This accreditation pay shall be calculated into the base wage for LEOFF I members of
the bargaining unit.
Section 18.11. Comparable Jurisdictions
The following were mutually agreed as comparable jurisdictions during the negotiation
of this Agreement.
AUBURN
BELLEVUE
EVERETT
FEDERAL WAY
KIRKLAND
REDMOND
RENTON
VANCOUVER
For the purpose of negotiating wages for future contracts, both parties reserve the right
to discuss the comparable jurisdictions to be used.
ARTICLE 19 - INSURANCE COVERAGE
Section 19.1. Health Care 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. Blue Cross of Washington and Alaska, 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 underwritten
by a company who provides such insurance nationwide. The premium cost shall be
paid by the City.
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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 Group Health
Employee/Spouse $15/mo. 25/mo.
Employee/Children 10/mo. 15/mo.
Employee/Family 25/mo. 65/mo.
Subsection 19.1.4. LEOFF I Health Coverage Requirement
The City shall provide medical coverage of LEOFF I employees as required by law.
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. Long Term Disability Insurance
Effective August 1, 1997, the Kent Police Officers Association commenced
administration of its own Long Term Disability insurance program. The premium,
administration, and benefits of this Long Term Disability insurance program are
determined by the KPOA.
The City's only responsibility is to make premium deductions as specified by the KPOA
through Association members' payroll on behalf of the KPOA.
Section 19.4. 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 19.5. 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
PALabor\UNI0N\PCaptLt\99 Neg\PA 2001 Contract 3.doc 28 of 37
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 19.6. 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 & 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.
ARTICLE 20 - MILITARY LEAVE
Employees of the bargaining unit shall be granted a cumulative of (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 drug.
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 24.5 and 24.6 of this article. Employees
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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.
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 Collection
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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.
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 sample, the employee will be required to sign a consent
and release form as attached to this article.
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 specific 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
PALabor\UNI0N\PCaptLt\99 Neg\PA 2001 Contract 3.doc 31 of 37
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
Amphetamines
Amphetamine .............. 500 ng/ml
Methamphetamine....... 500 ng/ml
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
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 24.4, shall apply. A positive blood alcohol level shall be 0.04 grams
per 100 mI 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
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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.
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 Program 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 22.10. Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 24.5 and 24.6 of this
article as determined by the Medical Review Physician in Section 24.7 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
PALabor\UNION\PCaptLt\99 Neg\PA 2001 Contract 3.doc 33 of 37
solely responsible for any costs, not covered by medical benefits/insurance, which arise
from this additional counseling or treatment.
Section 22.11. 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.
Section 22.12. Right of Appeal
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.
Section 22.14. Consent for Sampling and Release of Information Form
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CONSENT/RELEASE
Subject to my rights under Article 24 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 Officer. 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
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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.
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ARTICLE 25 - TERM OF AGREEMENT
This Agreement shall become effective January 1, 2001, and shall remain in force until
December 31, 2002.
Signed this A7 day of C-1? "99, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICERS ASSOCIATION
QBy. By
Ji hite, Mayor Frank Connelly, Associ ion President
By By
ue Viseth, Robert Cline,
Employee Services Director Negotiations Team Member
Approved as to form: V M��p
By &U �P1
Lorna Rufener,
�- Negotiations Team Member
City Attorney
Attest:
City Clerk
PALabor\UNI0MPCaptLt\99 Neg\PA 2001 Contract 3.doc 37 of 37