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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 i 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 ii 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 iii 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 iv 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. 1 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 2 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. 3 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. 4 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. 5 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. 6 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. 7 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 8 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. 9 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: 10 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 11 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 12 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. 13 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. 14 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. 15 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. 16 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. 17 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. 18 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. 19 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. 20 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 21 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. 22 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. 23 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 24 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. 26 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. 27 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 28 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