HomeMy WebLinkAboutCAG1996-0032 - Original - AFSCME Local 2617 - Police Corrections Unit 1996-1997 Labor Agreement - 01/01/1996 CITY OF KENT
AND
WASHINGTON STATE COUNCIL
OF COUNTY AND CITY EMPLOYEES
UNION, LOCAL 2617
POLICE CORRECTIONS UNIT
1996 - 1997
(P:\union\pcorrect\pc96fnl.wpf Revised 7116/96)
TABLE OF CONTENTS
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 . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.1 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.2 Union Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.3 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 3 - EMPLOYMENT PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3.1 Seniority Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3.2 Personnel Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.3 Severance Pay/Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.4 Establishment of Reinstatement and Reduction in Rank Registers . 6
Section 3.5 Employment Status When Reinstated . . . . . . . . . . . . . . . . . . . . . . 6
Section 3.6 EEO/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/Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 4.3 Overtime Minimum - Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 4.4 Overtime Pay for Court Appearances . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 4.5 Time Off in Lieu of Pay for Overtime . . . . . . . . . . . . . . . . . . . . . . . . 9
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ARTICLE 5 DEPARTMENT WORK ROLES AND WORK SCHEDULES . . . . . . . . . 9
Section 5.1 Notification of Work Rule Changes . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 5.2 Modified Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE 6 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6.1 Sick Leave Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6.2 On-Duty Injury Leave Provision . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6.3 Maternity/Paternity Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6.4 Sick Leave Incentive/Buy-Out Program . . . . . . . . . . . . . . . . . . . . 10
ARTICLE 7 - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 7.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 7.2 Holiday Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ARTICLE 8 - EDUCATION ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8.1 General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8.2 Reimbursement Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 8.3 Class Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 8.4 Reimbursement Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE 9 -ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 9.1 Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 9.2 Scheduling Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 9.3 Seniority Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 9.4 Maximum Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 10 - PENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 11 - BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 12 - CITY SUPPLIED EQUIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 13 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 14 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 15 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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ARTICLE 16 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 16.1 Non-Strike Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 16.2 Performance of Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 17 - CONFERENCE BOARD/COMMUNICATIONS . . . . . . . . . . . . . . . . . . 18
Section 17.1 Mutual Concerns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 17.2 Communications with the City Administrator . . . . . . . . . . . . . . . . . 19
ARTICLE 18 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section18.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section18.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section18.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section18.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section18.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section18.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section18.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE 19 - EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 19.1 Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE 20 - COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 20.1 Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 20.2 Longevity Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 20.3 Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 20.4 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 20.5 Clothing and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 20.6 Educational Incentive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.7 Timely Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.8 Effective Date of Compensation Increases . . . . . . . . . . . . . . . . . . 28
ARTICLE 21 - INSURANCE COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 21.1 Medical/Dental Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 21.2 Employee Contribution Medical/Dental Coverage . . . . . . . . . . . . . 28
Section 21.3 Health Care Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 21.4 Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 21.5 Long Term Disability Insurance (LTD) . . . . . . . . . . . . . . . . . . . . . . 29
Section 21.6 Forms Handling Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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Section 21.7 Hepatitis B Vaccination Program . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 21.8 Health Reform Reopener . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
ARTICLE 22 - MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 23 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 24 - SUBSTANCE ABUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 25 - VOLUNTEERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
ARTICLE 26- TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
APPENDIXA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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PREAMBLE
The agreement herein contains the entire agreement between the Local 2617, 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
Supervisory personnel above the rank of Corrections Sergeant and all other non-
corrections personnel of the City are excluded from the bargaining unit.
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
of representatives by either party during negotiations shall also be made through written
notice at the earliest opportunity.
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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 (pursuant to the Civil Service process), or promoted shall be
considered as a special probationary employee, and must successfully complete
a twelve (12) month special probationary period before being permanently
appointed to the new position or rank. For purposes of this agreement, special
probationary employees who are employed as regular full time shall be
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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 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 Probation Extension. Any probationary period may be extended upon the
request of the Police Chief as a result of approved breaks in service, to allow for
the completion of twelve (12) months of satisfactory performance in the
employee's regular assignment.
ARTICLE 2 - 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.
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.
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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.
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.
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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 employees who have been
reduced in rank or classification, their seniority shall include time spent in the higher
rank(s) or classification(s).
C. Seniority, for all other purposes, shall be defined as the employee's length of
permanent service with the City of Kent, less any adjustments due to layoff, approved
leaves of absence without pay (unless otherwise agreed to by the City), periods of 24
months or less between resignation and reinstatement according to Civil Service
procedures, or other breaks in service.
Section 3.2 Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees in this unit, the following basic
provisions will apply:
A. It shall be the responsibility of the City to determine job classification in which layoffs
are to occur. Such factors as nature of function performed, risk to overall public
safety, impact on the Police Department operations, shall be weighed to determine
areas where reductions can be made.
B. Order of layoff shall be determined by job classification. Employees with the 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.
D. In the event the Employer intends to cease the operation of the correction facility as
a regional corrections facility, it shall provide the Union and the employees such
notice not less than six (6) months prior to such change in operation.
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.
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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
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 EEO/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 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.
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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 by 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
A. 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 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. 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 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.
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B. Employees will be allowed to bid for shift assignments and days off. The bidding
process shall be in accordance with Appendix A of this Agreement.
C. The Mayor may declare the closure, or partial closure, of City facilities or operations
in the case of emergencies, or for safety reasons. During such times, employees will
continue to maintain their normal work schedule unless specifically released from duty
and will not receive additional monetary compensation or time off.
Section 4.2 Overtime/Compensatory Time
A. Employees shall be compensated at the rate of time and one-half for all hours worked
in excess of 40 compensated hours in the employee's 7-day work week. The
employees may opt to accrue compensatory time in lieu of overtime pay.
Compensatory time will accrue at a rate of 1-1/2 hours for each hour earned.
B. In all cases, overtime will be rounded to the nearest quarter (1/4) hour.
Section 4.3 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.
Section 4.4 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
4.4.-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 4A.C. Court appearances
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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 4.5 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 comp 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.
ARTICLE 5 DEPARTMENT 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.
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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
departmental operations would cause a reduction in force or layoff of any employee, such
proposed change, including the effective date shall be provided in writing to the 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 members of the bargaining unit
to work such mutually agreed schedules.
ARTICLE 6 - SICK LEAVE
Section 6.1 Sick Leave Policy
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 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 directed in writing to the Human Resources Director.
Section 6.3 Maternity/Paternity Leave
Employees will be allowed to use sick leave or family sick leave in cases of pregnancy or
child birth in accordance with City policy.
Section 6.4 Sick Leave Incentive/Buy-Out 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:
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Sick Leave Hours Amount of Cash Incentive
0 - 239 No incentive
240 - 479 8 hours of base pay
480 - 719 16 hours of base pay
720 + 24 hours of 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+ or 720+ 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.
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. The 88 hours shall
be placed in a holiday bank for each employee on January 1 st each year. Hours may
only be withdrawn for purposes of receiving compensation for holidays on which the
employee does not work, including time taken off pursuant to Section 7.2.C.
Members working less than a full calendar year will receive such holiday hours in a
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proportion equal to the number of holidays occurring during the calendar year, while
the employee is working for the City. The floating holiday will only be awarded to
employees beginning work on or before August 31 of a calendar year. Holiday hours
not used will be bought back by the City at the end of the year. Employees
terminating during the year will be paid eight (8) hours for each holiday occurring up
until the date of termination, minus all holiday hours already withdrawn from the bank
that year. Deductions, if any, will be made from the employee's final paycheck.
B. 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 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. If the
decision is made to go to minimum staffing on a designated holiday, the least senior
employee on the affected shift will be required to take the holiday off if no other
employee on that shift volunteers.
C. Bargaining unit employees who are required to work on one of the holidays shall in
addition to the provision of"B" above be entitled to take the holiday off at a later date
subject to approval of the Police Administration. When an employee's regularly
scheduled day off falls on any of the holidays, the employee may take the holiday off
at a later date, subject to the approval of Police Administration.
D. 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 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
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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.
Section 8.2 Reimbursement Requests
A. The employee must submit a written request to the Police Chief by June 1 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 Procedures
A. If reimbursement is available through outside grant funds, or any other potential
source, then reimbursement shall be through that source. (G.I. benefits and student
loans shall not be considered outside funds for purposes of this section.)
B. Upon completion of approved training, the employee must prepare a request for
reimbursement itemizing actual expenses incurred and including a copy of the training
authorities' certificate of completion or grade report.
C. Paid receipts for training costs must accompany the request for reimbursement. The
City will reimburse the employee for only those costs that have been approved and
for which paid receipts are attached to the reimbursement request.
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D. Employees requesting reimbursement must submit the request, with documentation,
within thirty (30) calendar days following successful completion of the approved
course(s). Requests not received within 30 days will not be considered for
reimbursement, unless good cause is shown.
ARTICLE 9 -ANNUAL LEAVE
Section 9.1 Annual Leave
Members of the bargaining unit shall receive annual leave benefits as follows:
COMPLETION OF: VACATION HOURS:
1-4 years 96 hours
5-9 years 120 hours
10-12 years 144 hours
13-16 years 152 hours
17-19 years 168 hours
20 years and thereafter 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 those employees 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 and January 31 of the affected year.
Requests submitted after January 31 will be recognized by date and not subject to
seniority. Requests submitted prior to January 1 will be superseded by those
requests which are submitted between January 1 and January 31.
B. Annual leave scheduling for personnel shall not be contingent upon leave scheduling
for personnel from other bargaining units.
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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 insure that accrued annual leave hours are at or below the 240
hour limit by December 31 of the following year. Compensatory and Holiday accumulation
and use is considered separate from annual leave accrual and use.
The City will schedule annual leave so as to maximize the opportunity for employees to
utilize annual leave so they may comply with the 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 Human
Resources Director. Approval of carryover is done on a case-by-case basis and does not
serve as precedent for any subsequent requests.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by
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.
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ARTICLE 12 - CITY SUPPLIED EQUIPMENT
A. The City agrees to provide the necessary articles of equipment that enable the
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 the
Police Administration and funded by the Police Department budget.
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.
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.
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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
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 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.
J. Temporary employees and volunteers.
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.
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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.
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 BOARD/COMMUNICATIONS
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 his 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.
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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 City Administration or its designees.
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 Employer and the Union 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 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
Employer to comply with any time limitation n this Article shall allow the Union and/or the
employee to proceed to the next step without waiting for the Employer to reply at the
previous step.
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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. 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 by the Union to the Director of Operations within fourteen (14)
calendar days after receipt of the Step 3 answer with a copy to the Police Chief.
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.
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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
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 Step 4 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 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
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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.
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; or
3. Not being qualified for continued employment with the Kent Police Department.
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.
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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.
Whenever practical, interviews shall be scheduled during the normal workday of the
City.
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 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 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 before being interviewed,
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 this 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.
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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.
L. Psychological Evaluations.
1. Statement of Purpose.
The purpose of this Article 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:
a. In the least intrusive manner as possible, and
b. In a manner as to protect the employee's right to privacy.
2. Conditions Under Which Testing Will Take Place.
a. No test 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.)
b. Any relevant medical history of the employee which the examining doctor
requests shall be released by the employee to the examining doctor.
3. Results of the Test.
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
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and not release it to any of the parties except the employee. Modified work
conditions may include light duty assignments.
4. As used in this section, "doctor" refers to a psychologist or psychiatrist.
ARTICLE 20 - COMPENSATION
Section 20.1 Salaries
The City agrees to maintain salaries in accordance with this Section.
Effective February 1, 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.
CORRECTIONS OFFICERS
(2.9%)
Officer Step 2/96
C.O. Probationary $2,461
C.O. 4 $2,593
C.O. 3 $2,721
C.O. 2 $2,863
C.O. 1 $3,006
Sergeant $3,351
Effective January 1, 1997 the difference between the Sergeant wage and the C.O. 1 wage
shall increase to 12%.
All bargaining unit members between January 1, 1996 and February 1, 1996 shall receive
$100, less applicable payroll taxes, as a signing incentive.
The salary plan requires that Corrections employees in the Department must satisfactorily
serve forty-two (42) consecutive months in the Kent Police Department in order to reach
25
will
e made
completion of
ch
the top step of the pay plan. Changes in step
afteb18 months�aftee30 months, aftea42
cumulative service period (i.e. after 6 months,
months).
The only exceptions shall be those provided by
elvil so be hired atln education or prior
grades higher than
corrections experience or training allow employees Yes
probationary.
Section 20.2 Longevi
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:
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 20.3 Premium Pav
Premium pay of five percent (5%) above base wage shall be granted to employees while
they are actively functioning as Field Training Officers in the Corrections Division of the
Kent Police Department.
Section 20.4 Working Out of Classification
The City agrees to compensate employees assigned by competent authority to positions
of higher authority and responsibility. Assignment shall be limited to the positions of
Corrections Sergeant and Corrections Lieutenant. Employees must be assigned for a
minimum of two (2) hours before additional compensation will be paid. Employees
assigned to act in the position of Corrections Lieutenant shall receive compensation at the
A Step of the Lieutenant's salary range or 2-1/2% above a Sergeant's base wage,
whichever is greater. During shift overlap periods, Acting Corrections Sergeant will be
appointed only if neither shift has a Corrections Sergeant on duty, and then only one Acting
Sergeant will be appointed.
Section 20.5 Clothing and Eguinment
A. The City shall furnish employees with clothing and equipment required to perform their
assigned duties.
B. Safety equipment which may be formally recommended by Police Administration and
funded with the Department's budget will be provided upon request.
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C. 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.
D. Approved accessories to the uniform, which are optional in nature, shall be provided
by the employee according to personal preference.
F. Cleaning or laundry of uniforms supplied by the City shall be the responsibility of the
employee.
20.6 Educational Incentive Plan
An Education Incentive Program shall be provided for qualified employees. For those
employees who qualify, educational levels will be compensated at the following rates
Associate Bachelors Masters
A. $40 per month $80 per month $120 per month
B. 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.
C. Compensation will be provided based upon the highest educational level attained
and there shall be no pyramiding of educational degrees.
Section 20.7 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.
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Section 20 8 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.
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:
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 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-MedicaUDental 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 $ 0 $0
Employee/Spouse $15.00 $25.00
Employee/Child $10.00 $15.00
Employee/Spouse/Child $25.00 $65.00
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Section 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 of 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.
Section 21.5 Long Term Disability Insurance (LTD)
Effective the first (1st) of the month following the signing of this contract, the City shall pay
the entire premium of a long term disability plan for each eligible employee in the
bargaining unit. The LTD plan shall provide for coverage with a 90 day elimination period,
which pays at 66.67% of the first $6,000 of monthly base salary and pays to age 65 for
eligible employees. The City will determine the manner in which insurance coverage is
secured.
Section 21.6 Forms Handling Insurance
The Union 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.
Section 21.7 Hepatitis B Vaccination Program
The City will provide employees with the opportunity to receive vaccinations and the
followup 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.
Section 21.8 Health Reform Reopener
The City may reopen this Agreement to the extent necessary to ensure compliance with
federal or state health care reform. No other sections of the Agreement are subject to
being reopened at that time without the mutual consent of the parties.
29
ARTICLE 22 - 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 23 - 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 24 - SUBSTANCE ABUSE
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.
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
This Agreement shall become effective 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 merge
this labor Agreement with the AFSCME Local #2617 Agreement, resulting in one labor
Agreement for all members of Local #2617.
31
Signed this o? (o day of y`� , 1996, at Kent, Washington.
CITY OF KENT WASHINGTON STATE COUNCIL OF
COUNTY AND CITY EMPLOYEES UNION,
LOCAL 2617
By By Ig��
ji.11 w! Mayor 444- jy,,.,. Rob M. Sprag e, 6taff Representative
By -7-a3 7% B ! -'5. A/--l- &t--�
Sue Viseth, Human Resources Director y
ammy=MCQUr1eEeney, Pres' ent� // 7
By By
Jim Miller, Negotiating Tea a er Dea Drake, Vice President
By `l W v�3'`1'(o By 07 1%
Karen Ford, Negotiating Team Member Sheila Knapp, pbgotiating Team Member
By 17 6
Approved as to form: M uel Martinez, Ne tiating TV Member
r
Roger Lubovictt City Attorney
Attest By IJ20. �lLi .el
Bfends deeebef, City Clerk X>6PNTy
J50NNA .5&)A&)
32
APPENDIX A
WORK ASSIGNMENTS
SHIFT ASSIGNMENTS
A. Shift assignments for Corrections Officers and Corrections Sergeants shall be
determined by a bid system based on tenure in those positions with the City of
Kent Corrections Facility.
B. Corrections Officers tenure shall be determined from the date of hire with the City
of Kent Corrections Facility. Tenure for Sergeants shall be determined by the time
in grade as a regularly appointed Sergeant at the City of Kent Corrections Facility.
During the initial probationary period of employment, Corrections Officers are not
eligible to bid for shift assignments.
C. Bids and assignments shall be made every four (4) months. The cycle for
bids/assignments shall be implemented on the first Sunday of January, effective
with the commencement of the day shift, the first Sunday in May, effecting with the
commencement of the day shift, and the first Sunday in September, with the
commencement of day shift. All assignments shall remain in effect until the next
bid cycle unless it is determined by the City that the Corrections Officer or
Sergeant will be reassigned to a non-bid assignment during that period of time.
D. For Corrections Officers and Corrections Seraeants. The first and second bid
process shall give priority to the most senior personnel for shift assignment
preference. The third process shall result in a reversal of selection, giving first
choice in shift assignment to least senior personnel.
E. The bid process shall occur as scheduled. Individuals unable to participate in a
bidding process shall be assigned by the City to a shift for that specific cycle.
F. The City shall determine who is eligible to bid, however, ineligibility will be
documented in writing and provided to the affected Corrections Officer or
Sergeant.
G. The City's management rights under this Bargaining Agreement remain in full force
and effect.
BIWASSIGNMENT PROCESS
The following provisions shall control the process of bidding and assignment in
accordance with the above guidelines:
33
A. Shift preference bids shall be delivered to the Division Commander, or designee,
during the established bidding period.
B. No early or late shift preference bids shall be accepted.
C. Vacant positions that occur after the bid deadline shall be filled by Corrections
Officers or Sergeants, as applicable. Those assignments shall continue until the
next cycle.
D. Assignments of all individuals shall be determined by the City.
DAYS OFF ROTATION
A. Employees will submit three (3) bids for days off. The first bid may include one of
their previous days off. The second and third bid may include up to two (2) of their
previous days off.
B. The rotation for days off shall be the first Sunday of every January, May and
September starting with day shift.
C. Employees will be allowed to bid for their days off based upon seniority.
CORRECTIONS BID/ASSIGNMENT CYCLE
Corrections Officers work four (4) months with assigned days off and work four (4)
months with assigned shifts.
1. First Cycle - Schedule commences on the first Sunday in January with day shift
and bidding commences as follows:
August 1 Sgt's shift bids open at 0600 hours
August 3 Sgt's bids close at 1700 hours
August 6 Sgt's shift bid posted by this date
August 8 CO's shift bids open at 0600 hours
August 15 CO's shift bids close at 1700 hours
August 20 CO's bids posted by this date
August 21 Days off bid for all employees open at 0600 hours
August 25 Bids for days off close at 1700 hours
August 30 Final schedule/next cycle posted by this date
2. Second Cycle - Commences on the first Sunday in May with day shift and bidding
commences as follows:
34
December 1 Sgt's shift bids open at 0600 hours
December 3 Sgt's bids close at 1700 hours
December 6 Sgt's shift bid posted by this date
December 8 CO's shift bids open at 0600 hours
December 15 CO's shift bids close at 1700 hours
December 20 CO's bids posted by this date
December 21 Days off bid for all employees open at 0600 hours
December 25 Bids for days off close at 1700 hours
December 30 Final schedule/next cycle posted by this date
3. Third Cycle - Commences on the first Sunday in September with day shift and
bidding commences as follows:
April 1 Sgt's shift bids open at 0600 hours
April 3 Sgt's bids close at 1700 hours
April 6 Sgt's shift bid posted by this date
April 8 CO's shift bids open at 0600 hours
April 15 CO's shift bids close at 1700 hours
April 20 CO's bids posted by this date
April 21 Days off bid for all employees open at 0600 hours
April 25 Bids for days off close at 1700 hours
April 30 Final schedule/next cycle posted by this date
35