HomeMy WebLinkAboutCAG1996-0033 - Original - Police Support Unit 1996-1997 Labor Agreement CITY OF KENT
AND
WASHINGTON STATE COUNCIL
OF COUNTY AND CITY EMPLOYEES
UNION, LOCAL 21-K
POLICE SUPPORT UNIT
1996 - 1997
TABLE OF CONTENTS
Page
PREAMBLE 1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT . . . . . . . . . . . . . . . . . . . . 1
Section 1.1 Recognition of the Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.2 Excluded Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.3 Representation During Negotiations . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.4 Bulletin Board Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1.5 Union Officials Release Time 2
Section 1.6 Probationers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION
Section 2.1 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.2 Union Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.3 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 3 - EMPLOYMENT PRACTICES 5
Section 3.1 Seniority Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.2 Personnel Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.3 Severance Pay/Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 3.4 Establishment of Reinstatement and Reduction in Rank Registers 6
Section 3.5 Employment Status When Reinstated . . . . . . . . . . . . . . . . . . . . . . 6
Section 3.6 Equal Employment Opportunity/Nondiscrimination . . . . . . . . . . . . 6
Section 3.7 Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE 4 - HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.1 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.2 Overtime 8
Section 4.3 Time Off in Lieu of Pay for Overtime . . . . . . . . . . . . . . . . . . . . . . . 8
Section 4.4 Overtime Minimum - Call Back 8
Section 4.5 Overtime Pay for Court Appearances . . . . . . . . . . . . . . . . . . . . . . 9
Section 4.6 Shift Bidding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES . . . . 10
Section 5.1 Notification of Work Rule Changes . . . . . . . . . . . . . . . . . . . . . . . 10
Section 5.2 Modified Work Schedules 11
ARTICLE 6 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 6.1 Sick Leave Benefits 11
Section 6.2 Sick Leave Incentive Program . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 7 - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 7.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 7.2 Holiday Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 8 - EDUCATION ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 8.1 General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 8.2 Reimbursement Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 8.3 Class Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 8.4 Reimbursement for Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 9 - ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 9.1 Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 9.2 Scheduling Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 9.3 Seniority Right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 9.4 Maximum Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 10 - PENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 11 - BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 12 - CITY SUPPLIED EQUIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 13 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE 14 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE 15 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE 16 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 16.1 Non-Strike Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 16.2 Performance of Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE 17 - CONFERENCE BOARD/COMMUNICATIONS . . . . . . . . . . . . . . . 19
Section 17.1 Mutual Concerns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 17.2 Communications with the Director of Operations . . . . . . . . . . . . 19
ARTICLE 18 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
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Section18.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section18.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE 19 - EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 19.1 Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 19.2 Psychological Evaluations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE 20 - COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 20.1 Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 20.2 Shift Differential Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 20.3 Temporary Assignments 27
Section 20.4 Longevity Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.5 Compensation for Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 20.6 Timely Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
ARTICLE 21 - INSURANCE COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 21.1 Medical/Dental Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 21.2 Employee Contribution-Medical/Dental Coverage . . . . . . . . . . . 29
Section 21.3 Health Care Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 21.4 Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
ARTICLE 22 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 23 - MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 24 - SUBSTANCE ABUSE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 25 - VOLUNTEERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
ARTICLE 26 - TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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PREAMBLE
The agreement herein contains the entire agreement between Local 21-K,
Washington State Council of County and City Employees, American Federation of
State, County and Municipal Employees, AFL-CIO (hereinafter called the Union) and
the City of Kent, Washington (hereinafter known as the City). The purpose of the City
and Union 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 Union and the employees.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1 Recognition of the Unit
The City hereby recognizes the Union as the exclusive bargaining representative for
regular full-time employees who work for the City of Kent Police Department and whose
positions are allocated to classifications listed in Article 20.
Section 1.2 Excluded Employees
The following employees shall be excluded from the bargaining unit.
A. Police Chief
B. All Uniformed Personnel of the Kent Police Department as defined by State Law
C. Records Manager, Administrative Assistant III, Administrative Assistant II.
D. All Corrections Officers, Sergeants, and Lieutenants
E. Supervisory employees and confidential employees as defined in RCW 41.56.
Any dispute arising in the future as to the inclusion or exclusion of a position from the
bargaining unit will be presented to the Public Employment Relations Commission
(PERC) for determination.
Section 1.3 Representation During Negotiations
For the purpose of negotiations between the parties, there shall be no more than three
(3) official representatives, plus one (1) alternate, from the Union. The City may utilize
no more than four (4) representatives, plus one (1) alternate, during this process.
Both the Union 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
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of representatives by either party during negotiations shall also be made through written
notice at the earliest opportunity.
Section 1.4 Bulletin Board Space
The City shall provide bulletin board space for Union use in a mutually agreed-upon
location. Material posted thereon shall be the responsibility of the Union. It shall only
be used for official Union business.
Section 1.5 Union Officials Release Time
A. Time off with pay shall be limited to regular negotiations sessions between
the City and the Union negotiating team members during their scheduled
duty hours. This section shall apply only to members of the Union's
negotiating team and members who may be required to participate.
B. Union employee representatives shall be allowed a reasonable amount of
on-duty time to administer the terms of this agreement including grievance
and arbitration hearings. This clause implements the current practice of
the parties, and is not intended to expand the use of on-duty time by
Union representatives.
Section 1.6 Probationers
1.6.1 New Hires. The parties recognize the purpose of probationary employment for
new hires and rehired employees is to provide a trial period of employment
during which the City can observe the performance of the probationer before
confirming the rights of permanent status.
During the actual or extended probationary period of employment, the
probationer shall be entitled to the protection of the grievance procedure as
outlined in this agreement, except that the probationer may not challenge any
disciplinary determinations made by the City, determinations made related to
Article 4.1, and for those other exceptions specifically identified within the
agreement.
In the case of lay off, bumping and recall, there shall be no seniority among
probationary employees. Upon the successful completion of the probationary
period, the employee shall acquire seniority credit, and their seniority shall be
retroactive to the date of employment less any adjustments.
1.6.2 Transferred and Promoted Employees. Any permanent employee who is
transferred or promoted (pursuant to the Civil Service process), shall be
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considered as a special probationary employee, and must successfully complete
a twelve (12) month special probationary period before being permanently
appointed to the new position or rank. For purposes of this agreement, special
probationary employees who are employed as regular full time or regular part-
time shall be considered as and entitled to all benefits of non-probationary
members of the bargaining unit.
If the special probationary employee fails to demonstrate that he or she can
completely and satisfactorily perform the job within the special probationary
period, the City shall return the employee to his or her former position
classification, or rank, without any loss of seniority, and this determination may
not be challenged under the grievance procedure. Any other employees who
were transferred or promoted following and as a result of this employee's
transfer or promotion shall also be returned to their former positions, and unless
there is a layoff involved, the bumping procedure shall not apply.
1.6.3 Extension of Probation. Any probationary period may be extended upon the
request of the Police Chief as a result of approved breaks in service, to allow for
the completion of twelve (12) months of satisfactory performance in the
employee's regular assignment.
ARTICLE 2 - 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 Union. 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 Union Membership
The Union 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
nonmembership in the Union. However, this clause shall not restrict the Union from
providing internal, Union sponsored benefits to Union members only.
Section 2.3 Dues Deduction
The following procedure shall be followed in the deduction of dues for members of the
Union.
p:lunionlpsupplps%con.drf 3
A. The City agrees to the deduction of monthly dues uniformly levied by the
Union for those employees who elect to become members of the Union
and who request in writing to have their regular monthly Union dues
deduction checked off on the basis of individually signed voluntary check-
off authorization cards.
B. Each month, the City shall remit to the Union, all dues deducted together
with a list of employees and the amount deducted from each employee.
The City agrees to notify the Union of new employees within thirty (30)
calendar days of the date of hire.
C. All employees who elect not to become members of the Union shall, in
lieu of Union membership, pay to the Union a regular monthly service fee
equal to the Union 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 Union security obligations shall be discharged, after thirty
(30) days' written notice, at the request of the Union.
D. The Union 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 Union and City agree that the City will not make any other deductions
on behalf of the Union, 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 Union dues and initiation fee, to a non-religious charity or to
another charitable organization mutually agreed upon by the employee
and the Union.
The employee shall furnish written proof that such payment has been
made. If the employee and the bargaining representative do not reach
agreement on such matter, the Public Employment Relations Commission
shall designate the charitable organization.
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ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1 Seniority Definition
A. Seniority, for the purpose of vacation bids, and reductions in force, shall be
defined as the employee's length of permanent service with the Kent Police
Department, less any adjustments due to layoff, approved leaves of absence
without pay (unless otherwise agreed to by the City), periods of 24 months or
less between resignation and reinstatement according to Civil Service
procedures, or other breaks in service.
B. Seniority, for the purpose of shift bidding and reductions in rank resulting from
personnel reductions, shall be defined as the employee's length of permanent
service within their current rank or classification, less any adjustments due to
layoff, approved leaves of absence without pay (unless otherwise agreed to by
the City), periods of 24 months or less between resignation and reinstatement
according to Civil Service procedures, or other breaks in service. In the case of
an employee who has been reduced in rank or class, the employee's seniority
shall include time spent in the higher rank(s) or class(es).
C. Seniority, for all other purposes, shall be defined as the employee's length of
permanent service with the City of Kent, less any adjustments due to layoff,
approved leaves of absence without pay (unless otherwise agreed to by the
City), periods of 24 months or less between resignation and reinstatement
according to Civil Service procedures, or other breaks in service.
Section 3.2 Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees in this unit, the following basic
provisions will apply:
A. It shall be the responsibility of the City to determine job classification in which
layoffs are to occur. Such factors as nature of function performed, risk to overall
public safety, impact on the Police Department operations, shall be weighed to
determine areas where reductions can be made.
B. Order of layoff shall be determined by job classification. Employees with the
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.
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Section 3.3 Severance Pay/Notice
A. All non-probationary employees affected by the reduction in force shall be
entitled to three (3) weeks notice of such layoff.
B. At the time of separation, non-probationary employees affected by the reduction
in force shall be paid a sum equal to two (2) weeks pay at the current rate of pay.
Such severance pay shall be in addition to any and all money due to the
employee at the time of separation. 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 3.4 Establishment of Reinstatement and Reduction in Rank 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 (2)
years from the date of layoff or reduction, and shall take priority over other hiring
or promotional lists.
B. Refusal to accept permanent work with the Kent Police Department from a
reinstatement register shall terminate all rights granted under this rule, provided
the work is in the same classification from which the employee was laid off.
C. Order of Reinstatement - If a vacancy is to be filled from the reinstatement
register, recall shall be made on the basis of length of service within the
classification. The regular employee on such register who has the most service
credit shall be first reinstated except in the cases of reduction in rank where
reinstatement shall be made by time of service in that rank.
Section 3.5 Employment Status When Reinstated
In the event a non-probationary employee leaves the service of the City due to a
reduction in force and within the next two (2) years the City rehires said former
employee in the same relative classification to which assigned at the date of reduction,
such employee shall be placed at the step in the relative salary range which the
employee occupied at the time of the original reduction.
Section 3.6 Equal Employment Opportunity/Nondiscrimination
It is agreed that the City and Union are mutually obligated to provide equal employment
opportunity, consideration and treatment to all employees of the Kent Police
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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 3.7 Personnel Files
Employee Personnel files are the responsibility of the Human Resources Department.
Employee Personnel files are confidential and shall be accessed only be the following
individuals:
a. Employee
b. Employee's supervisor/department director
C. Human Resources Director or designee
d. An attorney representing the City of Kent in legal matters as approved by
the Human Resources Director
e. Employee's Union Representative upon written authorization from the
Employee.
No materials shall be included in an Employee Personnel file without the knowledge of
the employee and the Human Resources Department. The Human Resources Director
is designated guardian of the City's Personnel records and bears the responsibility for
lost files. Therefore, no Personnel file will be allowed to leave the immediate area of
the Human Resources Department without authorization of the Human Resources
Director. All files will be allowed examination by an authorized individual while in the
presence of authorized Human Resources staff.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4.1 Hours of Work
The normal work schedule for employees covered by this agreement shall not exceed
40 hours of work in a seven (7) consecutive day period. The work week will commence
at the beginning of day shift on Sunday and end with completion of Saturday night's
graveyard shift. The employee's work schedule shall be posted at least fourteen (14)
days prior to the beginning of the applicable work period. The normal work schedule for
all employees covered by this Agreement shall be designed with a minimum of a 30
minute (maximum 60 minute) unpaid lunch period. Except that for Records Supervisor,
Records Specialists and Data Entry lunch shall be inclusive. The work schedule shall
be either five (5) consecutive workdays followed by two (2) consecutive days off, or four
(4) consecutive workdays followed by three (3) consecutive days off, except at shift
rotation time, or a mutually agreed upon alternative work schedule. Scheduling
changes may be made where there is an operating need. The Union shall be given
thirty (30) days advance notice of any change in the basic schedule (5-2 to 4-3 or 4-3 to
5-2), and of the schedule determined for new assignments or positions, and the
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reasons necessitating it, in order to discuss alternatives and impacts. Provided,
however, that any employee covered in this section who is required to report back to
work between the end of their regular shift and the beginning of their next regular shift
shall be paid at the overtime rate for all hours worked between regular shifts.
Employees must be scheduled with at least twenty-four (24) hours between the time
each regular shift begins. Except as provided herein, the Police Administration shall
have the right to determine the work schedule.
Section 4.2 Overtime
A. Employees shall be paid at the rate of time and one-half for all hours worked in
excess of forty (40) hours in one consecutive seven (7) day work period,
exclusive of an unpaid lunch period. The employee may opt to accrue
compensatory time in lieu of overtime pay. Compensatory time will accrue at a
rate of one-and-one-half (1-1/2) hours for each hour earned.
B. In all cases overtime will be computed to the nearest one-quarter (1/4) hour.
Section 4.3 Time Off in Lieu of Pay for Overtime
Employees who wish to take time off in lieu of receiving overtime pay may do so
provided:
A. Departmental scheduling will allow the employee to take time off.
B. An employee may accumulate up to sixty (60) hours of compensatory time off.
All hours above sixty (60) shall be paid unless approval is received from the
Police Chief to accumulate more than sixty (60) hours. Both the request and
approval must be in writing.
C. Employees who wish to receive pay for their accumulated compensatory time will
have the option of receiving this pay on an annual basis, and such pay shall be
included with the annual "holiday buyout" check. Those employees who
exercise this option will submit their request, in writing, to the Chief of Police no
later than November 15th each year. This does not preclude the employee from
receiving pay for their accumulated time during any regular pay period.
Section 4.4 Overtime Minimum - Call Back
Employees "called back" to work shall receive a minimum of three (3) hours pay at the
overtime rate for the work for which they were called back. This provision applies when
such call back results in hours worked which are not annexed consecutively to either
the beginning or end of a regular shift.
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Section 4.5 Overtime Pay for Court Appearances
In the event that court appearances are required, the City shall attempt, wherever
possible, to schedule such appearances during an employee's regular duty shift, rather
than on furlough days. Such appearances outside of the regular duty schedule shall be
compensated for as follows:
A. Shift Other than Grave - Employees will receive pay at the overtime rate for court
appearance time outside of regular duty hours, provided, however, each
employee required to report for court appearances shall receive a minimum of
three (3) hours pay at the overtime rate, for separate court appearances in
accordance with Section 4.5-C. Court appearances which are consecutively
annexed to the beginning or end of an officer's regular duty shift shall be treated
as regular overtime.
B. Grave Shift - Employees who are assigned to the "grave" shift will receive pay at
the overtime rate for court appearance time outside of regular duty hours,
provided, however, each employee required to report for court appearances
following his regular duty shift shall receive a minimum of four (4) hours pay at
the overtime rate, for separate court appearances in accordance with Section
4.5-C Court appearances which are consecutively annexed to the beginning or
end of an employee's regular duty shift shall be treated as regular overtime and
shall not be subject to the provisions of (A) and (B) above.
C. Pyramiding of court appearances is prohibited. There will be a maximum of one
minimum guarantee in the morning and one minimum guarantee in the
afternoon. Continuance of a morning appearance into the afternoon shall not
constitute a separate court appearance.
D. Standby Time for Court Appearance - Employees who are required by the court
or administration to "standby" for possible court appearance, while off duty or on
furlough days off, will receive one (1) hour compensation at the regular time rate
for each two (2) hours or portion of assigned standby time. Standby time must
be pre-authorized and logged by the Police administration and have a starting
time and ending time.
Section 4.6 Shift Bidding
A. Work assignments for Records Specialists, Data Entry Specialists and Record
Supervisors shall be determined by a bid system based on tenure in those
positions with the Kent Police Department. Work assignment, as it relates to the
bid process, means a specific set of work days and work hours. (Example:
p:lunionlpsupp\ps%con.drf 9
Work Assignment No. 1 = Monday, Tuesday, Wednesday and Thursday from
0700 to 1700 hours.) The City has the sole discretion to determine the days and
hours of work assignments as they pertain to the bid process.
B. The parties mutually agree to continue the four-month bid cycle. Those
assignments shall commence the first Sunday in September, January and May.
C. During their probationary period, Records Supervisors, Records Specialists and
Data Entry Specialists may be placed in work assignments based on training
needs. Every third bid cycle, priority for work assignment preference shall be
reversed so that the least senior personnel shall receive priority for work
assignment preference.
D. The bid processes for each cycle shall occur according to the following schedule:
Bids for the cycle shall begin with Records Supervisors bidding two weeks prior
to the Records Specialists and Data Entry Specialists. The Records Specialists
and Data Entry Specialists will bid between the second and third Wednesdays
five months preceding the cycle. The schedule based on the outcome of the
bidding process will be posted within one month.
Individuals unable to report for work by the start of a new cycle will not
participate in the bidding process for that cycle and shall be assigned by the City
to a work assignment for that specific cycle.
E. No early or late work assignment preference bids shall be accepted.
F. The Employer reserves the right to bar individuals from bidding where required
by business necessity.
G. The City's management rights under this Bargaining Agreement remain in full
force and effect.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1 Notification of Work Rule Changes
The City agrees to notify the Union 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
p:lunionlpsupp\ps96con.drf 10
layoff of any employee, such proposed change, including the effective date shall be
provided in writing to the Union in advance of making the proposed change.
Section 5.2 Modified Work Schedules
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 Union, 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
Sick leave policies shall be administered in accordance with City policy. Administration
and approval of sick leave shall be consistent with provisions in the City of Kent Policy
Manual. However, members of the bargaining unit shall have their sick leave account
credited with twenty-four (24) additional hours annually. The credit shall be provided on
January 1 st of each year. Employees hired after January 1 st of any calendar year shall
receive these additional hours on a prorated basis. It is further agreed employees of
the bargaining unit can accumulate up to 1040 hours of sick leave.
Section 6.2 Sick Leave Incentive Program
In order to provide an incentive for using sick leave only as necessary, members of the
unit shall be entitled to incentive pay for maintaining their sick leave balance at the
following levels:
Sick Leave Hours Amount of Cash Incentive
0 - 239 No incentive
240 - 479 8 hours base pay
480 - 719 16 hours base pay
720 - 959 24 hours base pay
960+ 32 hours base pay
Incentive pay would be granted in January of the following year. For purposes of
determining eligibility to receive incentive pay an employee must have maintained the
240+, 480+, 720+, or 960+ hour accrual for the entire preceding calendar year. If an
employee falls below one of the designated accrual levels they will not be eligible for
the corresponding incentive pay.
p:lunionlpsupp\ps%con.drf 11
ARTICLE 7 - HOLIDAYS
Section 7.1 Holidays Observed
The following holidays shall be considered as holidays for full time employees:
1. New Year's Day
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas
11. Floating Holiday
Those employees whose job classification requires the traditional work schedule
Monday through Friday will observe the holiday the same as non-represented
employees of the City. All other employees will observe the holiday on its actual day.
Section 7.2 Holiday Compensation
A. Members of the bargaining unit shall be entitled to a combination of 88 hours of
time off with pay and compensation in lieu of time off during each year.
B. The City shall purchase four (4) holidays from members of the bargaining unit
each year which include Martin Luther King Day; Presidents' Day; Veterans Day;
and the individual floating holiday. The City will issue a holiday check to all
qualified members of the bargaining unit on or about December 1 of each year
for the holidays purchased. Members working less than a full calendar year will
receive such holiday compensation in a proportion equal to their employment
during the calendar year.
Those employees who wish to receive pay for their unused holidays, in addition
to the purchased holidays, will have the option of receiving this pay in an annual
basis, and such pay shall be included with the annual "holiday buyout" check.
Those employees who exercise this option shall submit their request, in writing,
to the Chief of Police no later than November 15th each year.
C. Bargaining unit employees who are required to work on one of the holidays listed
in Section 7.1 shall be compensated at the rate of 1-1/2 times the regular base
pAunionlpsupp\ps%con.drf 12
pay for all hours worked. However, employees who are required to work
Thanksgiving or Christmas shall be compensated at a rate of two (2) times their
base pay.
D. Bargaining unit employees who are required to work on one of the non-
purchased holidays shall in addition to the provision of"C" above be entitled to
take the holiday off at a later date subject to approval of the Police
Administration.
E. Bargaining unit members who are required to work on one of the purchased
holidays (4 holidays) shall be entitled to only that compensation stated in "C"
above. Additional time off at a later date is not provided.
F. Bargaining unit members whose regularly scheduled day off falls on any of the
non-purchased holidays shall be entitled to the holiday(s) off at a later date
subject to the approval of the Police Administration. However, employees whose
regularly scheduled day off falls on any of the purchased holidays (4 holidays)
shall not be entitled to a day(s) off at a later date.
G. Shifts which are eligible for time and one-half as outlined in Section 7.2 are only
those shifts which begin work within the twenty-four (24) hour period considered
to be holidays in Section 7.1. However, employees required to work swing or
grave shifts on Christmas Eve shall also be compensated at the rate of time and
one-half. Additional time off at a later date shall not be provided to employees
required to work Christmas Eve.
ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1 General Policy
A. The City recognizes the need to encourage and promote educational
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..
1. Tuition and class registration; and
2. Books
B. If an employee is attending an accredited State institution, the employee shall
be reimbursed based upon that institution's tuition schedule. If an employee is
attending a non-State supported institution, the employee shall be reimbursed on
the basis of the University of Washington tuition schedule.
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Section 8 2 Reimbursement Requests
A. The employee must submit a written request to the Police Chief by June 1st of
each year for the following year. The request should include:
1) Course list and content,
2) Reason for taking the course and its relatedness to Department
business, and
3) Approximate cost.
B. Once the education reimbursement request is approved by the Chief, the cost
will be included in the budget. Once approved by the Chief, the department will
make a good faith effort to have the budget approved by the Council. Interim
changes shall be considered by the Chief and acted on only if budget is
available.
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 compensation hours.
Section 8.4 Reimbursement for Training
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.
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.
p:lunionlpsupp\ps96con.drf 14
ARTICLE 9 - ANNUAL LEAVE
Section 9.1 Annual Leave
Members of the bargaining unit shall receive annual leave benefits as follows:
NEW SCHEDULE
CURRENT ANNUAL EFFECTIVE
COMPLETION OF: VACATION HOURS: JANUARY 1, 1996:
1-4 years 96 hours 96 hours
5-9 years 120 hours 120 hours
10-12 years 136 hours 144 hours
13-16 years 152 hours 152 hours
17-19 years 160 hours 168 hours
20+ years 176 hours 176 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 Seniority Rights
A. If two or more employees request annual leave for the same dates, and it is not
feasible to allow the employees so requesting annual leave to take leave during
the same period, then preference shall be granted on the basis of seniority,
provided the employees submitted their requests between January 1 st and
January 31 st of the affected year. Requests submitted after January 31 st will be
recognized by date and not subject to seniority. Requests submitted prior to
January 1 st will be superseded by those requests which are submitted between
January 1 st and January 31 st.
B. Annual leave scheduling for personnel shall not be contingent upon leave
scheduling for personnel from other bargaining units .
Section 9.4 Maximum Accrual
Employees can maintain 240 hours of annual leave, as set forth in accordance with City
Policy 3.2.1. 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 240 hour limit by December 31 of the following year. Compensatory and
pAunion\psupp\ps%con.drf 15
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 240 hour 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 City
Personnel 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
Washington State Statute.
ARTICLE 11 - BEREAVEMENT LEAVE
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 Human Resources Director or Operations Director before such leave is
paid. The request for leave shall contain the name(s) of the deceased, the
relationship to the employee, and the expected period of absence. Distance,
travel time or other factors will be considered to determine the number of days to
be granted.
B. In the event that the time required to attend a funeral is in excess of three (3)
days, sick leave may be taken. A maximum of ten (10) days of sick leave may
be granted for this purpose.
ARTICLE 12 - CITY SUPPLIED EQUIPMENT
A. The City agrees to provide the necessary articles of equipment that enable
employees to perform their duties. This shall include, but is not limited to,
providing notebooks, typewriters, pens/pencils, other necessary minor articles of
equipment of a nature specified herein, and safety equipment that is formally
recommended by Police Administration and funded by the Police Department
budget.
p:\union\psupp\ps96con.drf 16
B. Employees who suffer a loss or damage to appropriate personal property and/or
clothing in the line of duty shall be reimbursed for such loss or damage by the
City in an amount up to $300 per occurrence, provided a claim is filed with the
City. Loss due to neglect or abuse by the employee shall not be considered for
reimbursement.
C. The City shall pay the auto insurance deductible, if any, incurred by an employee
who is involved in an automobile accident while driving his/her personal auto on
City business, where such accident is not the fault of the employee and the
employee is not cited.
D. The City shall provide an annual $250.00 replacement clothing allowance for
uniforms for employees in records specialist, records supervisor, and data entry
positions. New employees will be provided a $350.00 start-up uniform
allowance. The maintenance, alteration and cleaning of such uniforms shall be
the responsibility of the employee.
ARTICLE 13 - 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 14 - 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, the City and
Union, for the duration of this agreement, each voluntarily and unqualifiedly agree to
waive the right to oblige the other party to bargain with respect to any subject or matter
specifically covered by this agreement.
ARTICLE 15 - MANAGEMENT RIGHTS
The Union 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
pAunionlpsupp\ps96con.drf 17
responsibilities are not subject to collective bargaining. 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, determine, transfer, assign, and retain employees in
positions in the City, and to suspend, demote, discharge, or take other
disciplinary action against such employees for just cause.
D. To determine the use of technology, equipment, methods, means, and personnel
by which departmental operations are to be conducted.
E. To prescribe uniform dress to be worn by certain 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 Union by specific provisions of this
Agreement.
ARTICLE 16 - PERFORMANCE OF DUTY
Section 16.1 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 Union 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.
p:lunionlpsupp\ps96con.drf 18
Section 16 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
operating policies of the department.
ARTICLE 17 - CONFERENCE BOARDICOMMUNICATIONS
Section 17.1 Mutual Concerns
There shall be a department conference board consisting of three (3) members named
by the Union and three (3) representatives of the department named by the Chief. The
Chief of the department, or a representative, shall sit as one of the three (3)
representatives to the maximum extent practical, but any of the six (6) members may be
replaced with an alternate from time to time. A representative of City Administration
may be requested to attend conference board meetings at the discretion of either party.
The conference board shall meet as mutually determined and shall consider and
discuss matters of mutual concern pertaining to the improvement of the department and
the welfare of the employees.
The purpose of the conference board is to deal with matters of general concern to
members of the department as opposed to individual complaints of employees.
Accordingly, the conference board shall not discuss grievances properly the subject of
the procedure outlined in Article 18 (Grievance Procedure) except to the extent that
such discussion may be useful in suggesting improved department policies. Either the
Union representatives or the City representatives may initiate discussion of any subject
of a general nature affecting the operations of the department or its employees. An
agenda shall be prepared and distributed in advance of each meeting and minutes shall
be kept.
Section 17.2 Communications with the Director of Operations
The Union and City agree that areas of general concern not specifically mentioned in
this contract may arise. Such concerns may be related to interpretation of procedures,
changes in policies, working conditions, etc., that may generally affect employees or
City rights and responsibilities. Acknowledging that such concerns could arise and
further that such concerns are of a nature that they should not properly be considered
under the Grievance Article of this agreement, the following procedure shall be
established to allow either the City or Union to directly address issues or questions of
concern.
A. The coordinators of this procedure shall be an elected employee-representative
from the bargaining unit and Director of Operations or their designees.
p:lunionlpsupplps%con.drf 19
B. Meetings may be initiated by either the City or Union by request. A mutually
agreeable meeting time and place will be set. Representatives of Police
Administration and Human Resources shall be allowed to attend the meeting.
C. A proposed agenda of items to be discussed shall be prepared and distributed in
advance of a proposed meeting. Statements, fact-finding results, etc., should be
available in writing for review in order to explain or clarify areas of concern.
D. Minutes of each meeting shall be kept.
ARTICLE 18 - GRIEVANCE PROCEDURE
Section 18.1. Any dispute between the City and the Union or between the City 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 18.2. Grievances processed through Step 3 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 18.3. Any time limits stipulated in the grievance procedure may be extended
by mutual agreement in writing. Failure by the Union and/or employee to comply with
any time limitation in this Article shall constitute withdrawal of the grievance. Failure by
the City to comply with any time limitation in this Article shall allow the Union and/or the
employee to proceed to the next step without waiting for the City to reply at the previous
step.
Section 18.4. A grievance in the interest of a majority of the employees in a
bargaining unit shall be reduced to writing by the Union (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 18.5. 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 Union 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.
pAunion\psupp\ps96con.drf 20
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
Union representative within seven (7) calendar days. The Division
Commander shall answer the grievance within seven (7) calendar days.
Step 3 If the grievance is not resolved as provided in Step 2, it shall be forwarded
by the aggrieved employee or Union representative to the Police Chief
with a copy to the City Human Resources Director within fourteen (14)
calendar days after the Step 2 answer. The Police Chief shall convene a
meeting within fourteen (14) calendar days after receipt of the grievance
between the aggrieved employee and Union representative, together with
Department representatives as designated by the Chief. The City Human
Resources 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 Union.
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 18.4, the grievance shall
be forwarded within fourteen (14) calendar days after receipt of the Step
3 answer. Said grievance shall be submitted by the Union 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 Union 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 Union'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
p:lunionlpsupp\ps96con.drf 21
b. Nature of the alleged violation
C. Remedy sought
Section 18.6. 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
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 Union, and the employee(s) involved.
3. The cost of the arbitrator shall be borne equally by the City and the Union,
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 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 18.7. 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 18.8. 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.
p:lunionlpsupp\ps96con.drf 22
ARTICLE 19 - EMPLOYEE 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 19.1 Bill of Rights
A. 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 " Employee Bill of Rights."
B. 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.
C. Any employee who becomes the subject of a criminal investigation shall have all
rights accorded by the State and federal constitutions and Washington law.
D. 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.
E. 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, where it happened.
F. 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.
G. 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 investigative 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
p:lunionlpsupp\ps96con.drf 23
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.
H. 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 investigative interviews, the employee shall be afforded an
opportunity and facilities to contact and consult with his or her Union
representative, and to be represented by the Union 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.
I. 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.
J. 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.
K. The Union 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 Union and the department's administration.
Section 19.2 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.
p:lunionlpsupp\ps96con.drf 24
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 Union. (In the event the
City and the Union 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 to the examining doctor.
B. Results of the Evaluation.
The doctor will issue a written report to the Employer and the employee. The
only information which the doctor may disclose shall be whether the employee is
fit or unfit for duty or requires modified work conditions, and the prognosis for
recovery. Additionally, where the cause of the unfitness is duty-related, the
doctor shall disclose that cause. If the doctor believes the employee is fit for
duty but needs modified work conditions, the doctor will indicate what
modifications are necessary and the extent or duration projected of the
modification. The doctor will keep all data that has been made available to him
or her confidential and not release it to any of the parties except the employee.
Modified work conditions may include light duty assignments.
C. As used in this section, "doctor" refers to a psychologist or psychiatrist.
ARTICLE 20 - COMPENSATION
Section 20.1 Salaries
Effective January 18, 1996, a cost of living adjustment equivalent to 90% of the CPI-W,
Seattle, July 94 - July 95, shall be applied to all bargaining unit classifications and
salary ranges listed below.
Effective January 1, 1997, a cost of living adjustment equivalent to 90% of the CPI-W,
Seattle, July 95 - July 96, shall be applied to all bargaining unit classifications and
salary ranges listed below.
All bargaining unit members between January 1,1996 and January 18, 1996 shall
receive $50.00, less applicable payroll taxes, as a signing incentive.
p:lunionlpsupp\ps96con.drf 25
Classification Probationary Step 4 Step 3 Step 2 Step 1
Accounting Services Assistant 2340 2459 2584 2716 2858
Administrative Assistant 2455 2586 2716 2858 2995
Evidence Custodian 2407 2529 2663 2797 2943
Lead Evidence Technician 2858 2995 3147 3307 3468
Office Technician 2340 2459 2584 2716 2858
Police Data Entry 2121 2226 2336 2456 2587
Police Records Specialist 2340 2459 2584 2716 2858
Police Specialist Supervisor 3142
Police Word Processing 2121 2226 2336 2456 2587
Technician
Section 20.2 Shift Differential Pay
A. Employees who are assigned to a regular workweek of five (5) consecutive days
on and two (2) consecutive days off or four (4) consecutive days on and three (3)
consecutive days off will receive shift differential pay as follows:
1. Employees who work shifts which normally commence after the hours of
11:00 a.m. or before 5:00 p.m. shall be considered swing shift personnel
and shall receive a differential pay of twenty cents (200) per hour above
the regular pay rate in effect for their respective job classifications.
2. Employees who work shifts which normally commence after the hour of
5:00 p.m. or before 6:00 a.m. shall be considered to be grave shift
employees and shall receive a differential pay of thirty cents (300) per
hour above the regular pay rate in effect for their respective job
classifications.
3. Agreement between the City and Union is predicated on the current shift
structure in effect at the signing date of this contract. Should the function
of the section of the Kent Police Department covered by this agreement
change substantially due to changes in equipment available, scheduling
requirements, etc., it is understood that differential pay rates will be re-
examined in light of such changes.
p:lunionlpsupp\ps96con.drf 26
B. In cases where the employee is permanently assigned to swing or grave shift,
leave benefits will be paid at the differential rates. If an employee is only
temporarily assigned to a swing or grave shift, they will be compensated at the
differential rate for only the hours worked.
Section 20.3 Temporary Assignments
A. The City agrees to compensate members of the bargaining unit assigned by
competent authority to positions of higher authority and responsibility. For
purposes of this Agreement, assignment shall be limited in the Records Unit to
the positions of Records Supervisor and Support Services Manager and in the
Kent Corrections Facility to the Administrative Assistant. The employee will be
compensated at the rate of the higher classification provided they work one full
shift or more.
B. Police administration, or their designee, must make formal temporary
assignments to the position of Records Supervisor or Support Services Manager,
or Administrative Assistant before provisions of this section apply: naming
person placed in the temporary classification and the length of time the
employee will be in the temporary assignment.
Appointments to the position of Records Supervisor will be made whenever the
regular supervisor is absent provided.-
1. There are two or more employees working the affected shift;
2. There would normally be a supervisor working the affected shift; and
3. The Support Services Manager or another member of the police
administration does not assume the responsibilities of the supervisor.
C. When Police Data Entry personnel are assigned to fill in for absent Police
Records Specialists they will be compensated at the rate of the higher
classification for all hours worked out of classification.
Section 20.4 Longevity Pay
Longevity pay will be applied to the base salary rates, on a monthly basis, for
employees who have completed the following continuous service requirements for the
City of Kent:
p:lunionlpsupplps96con.drf 27
Completion of 5 years - 1 percent
Completion of 10 years - 2 percent
Completion of 15 years - 3 percent
Completion of 20 years - 4 percent
Section 20.5 Compensation for Training
A. The City agrees to compensate employees for training time which is a result of
an employee's required attendance at training schools directly under the control
of the Washington State Law Enforcement Training Commission for the Federal
Government. Compensation shall be paid at the straight time rate for all training
hours in excess of eight in any one day or which occur on an employee's
scheduled furlough days. This compensation will be paid in accordance with the
terms of FLSA.
B. The City agrees to compensate any employee for training time which is a result
of an employee's required attendance at any symposium, seminar, or training
school conducted and attended by an employee during his off-hours.
Compensation shall be paid at the overtime rate for all training hours so
attended.
Section 20.6 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.
ARTICLE 21 - INSURANCE COVERAGE
Section 21.1 Medical/Dental Plans
Coverage will be available for all regular full time employees and their eligible
dependents. The plan(s) offered are:
p:lunionlpsupp\ps%con.drf 28
1. Blue Cross, Enhanced PPO (Prudent Buyer) Plan
2. Group Health Cooperative (HMO) (includes copays and VSP Vision plan
effective first day of month following date of signing of Agreement.
However, the City reserves the right to change carriers based upon comparable
benefits and cost-effectiveness of such a change.
Section 21.2 Employee Contribution-Medical/Dental Coverage
Eligible employees shall have dependent coverage available. Employees shall have
the option to insure dependents under alternative plans offered, subject to the terms
and conditions imposed by the carrier.
The following premium rates shall apply for medical/dental coverage unless otherwise
established pursuant to this agreement.
PLANS OFFERED
Blue Cross Group Health
Prudent Buyer 1996 Rates
Employee Only $00.00 $00.00
Employee/Spouse $15.00 $25.00
Employee/Child $10.00 $15.00
Employee/Spouse/Child $25.00 $65.00
21.3 Health Care Task Force
The parties agree that the Union's participation on the City's Health Care Task Force
has been mutually beneficial. The parties agree to meet and develop a letter of
understanding that describes the purpose of the Task Force and the parameters under
which the Task Force operates. Furthermore, the parties recognize that there must be
representation and participation by all Unions on the Task Force.
Section 21.4 Life Insurance
The City shall pay the entire premium for double indemnity life insurance coverage for
each eligible employee in the bargaining unit. The City will determine the manner in
which insurance coverage is secured. The amount of life insurance shall be equal to
one times the employee's annual base salary to a maximum of$50,000 and a minimum
of$25,000.
p:lunionlpsupp\ps96con.drf 29
ARTICLE 22 - SMOKE FREE WORK PLACE
The Union and the City agree that in order to create a healthy 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 23 - MILITARY LEAVE
A. Any employee who is a member of the Washington National Guard or of any
Federal Military Reserve unit shall be granted paid military leave of absence from
his or her duties with the City for a period of time not to exceed a cumulative of
fifteen working days during each calendar year while engaging in the
performance of officially ordered active training duty and while going to or
returning from such duty. Employees may also request time off for other related
officially ordered military duty.
B. Paid military leave of absence days shall be determined on the basis of the
number of working days the employee is absent from work. Employees working
a non-traditional schedule shall continue such schedule during the period of
leave. Military leave shall be in addition to any vacation or compensatory time to
which the employee might otherwise be entitled, and shall not involve any loss of
efficiency rating, privileges, pay or seniority.
C. During the period of military leave, the employee shall be compensated, for each
day of leave granted, an amount not to exceed the equivalent compensation
earned by that employee over their work period.
D. Employees who are required to participate in training programs or active duty
must submit a copy of his/her military orders attached to a Leave Request form
to the Human Resources office, via his/her supervisor. The notification must be
submitted at least two (2) weeks prior to his/her reporting date, unless not
reasonably practical.
ARTICLE 24 - SUBSTANCE ABUSE POLICY
The City and the Union agree that the City of Kent shall be a drug free work place
(including work sites outside the City limits). The use of alcohol and/or illegal drugs
during working hours, or reporting for work under the influence of either is strictly
prohibited and grounds for disciplinary action.
It is expected that an employee will seek appropriate medical help for alcoholism,
and/or chemical dependency through the Employee Assistance Program.
p:lunionlpsupplps%con.drf 30
ARTICLE 25 - VOLUNTEERS
The City and the Union agree that volunteer programs can be mutually beneficial to the
City, employees and citizens of Kent. The parties recognize that volunteer programs
provide a sense of community involvement and require a commitment of time and
service on behalf of the volunteer. To that end, the City is committed to working in
partnership with the union to build successful volunteer programs.
The use of volunteers will not supplant bargaining unit positions. No bargaining unit
member shall be laid off as a result of volunteer programs. The use of volunteers shall
not result in a loss of overtime opportunities for bargaining unit members.
Successful volunteer programs require leadership and coordination with employees.
Any such opportunities may be made available to the bargaining unit employee(s) so
affected. In addition, said bargaining unit members shall receive appropriate
compensation for performing these duties.
The City and the Union will meet in a labor-management forum and come to mutual
agreement prior to implementing any new volunteer programs.
ARTICLE 26 - TERM OF AGREEMENT
The effective date of this Agreement is January 1, 1996, and shall remain in force until
December 31, 1997.
The parties agree that, in future negotiations for 1998 and beyond, the intent is to
attempt to merge this labor Agreement with the AFSCME Local #21-K Agreement,
resulting in one labor Agreement for all members of Local #21-K.
p:lunionlpsupp\ps96con.drf 31
Signed this 1'7 day of 1996, at Kent, Washington.
CITY OF KENT WASHINGTON STATE COUNCIL OF
COUNTY AND CITY EMPLOYEES UNION,
LOCAL 21-K
By By
im White, Mayor Rob M. Spragu , Stiff Representative
By
S-ue Viseth, Human Resources Director mmy McPueeney, President
By 4W
,Tim Miller, Negotiating Team Mem er Debra Leroy, Ne opting Team Member
/ a
By
aren Ford, Negotiating Team Member Barbara Haney, Negotiatirg Team
Member
Approved as to form:
By,
Ro Lubovich, City Attorney
4 Attest By L G s Laa a
' Brenda Jacobi&, 0 Clerk
p:lunionlpsupp1ps96con.drf 32