HomeMy WebLinkAboutHR1996-0219 - Original - Kent Police Officers Association - Captains & Lieutenants: 1996-1998 Labor Agreement - 03/28/1996 CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE CAPTAINS AND LIEUTENANTS
1996 - 1998 LABOR AGREEMENT
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TABLE OF CONTENTS
Page No.
PREAMBLE 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT . . . . . . . . . . . . . . . . . . . . 1
Section 1.1. Recognition of the Association . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.2. Representation During Negotiations . . . . . . . . . . . . . . . . . . . . 1
Section 1.3. Bulletin Board Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.4. Association Officials Release Time . . . . . . . . . . . . . . . . . . . . 1
Section 1.5. Probationers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 2 - ASSOCIATION MEMBERSHIP AND DUES
DEDUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2.1. Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2.2. Association Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.3. Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 3 - EMPLOYMENT PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3.1. Personnel Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3.2. Severance Pay/Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3.3. Establishment of Reinstatement and Reduction in Rank
Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.4. Employee Status When Reinstated . . . . . . . . . . . . . . . . . . . . 5
Section 3.5. EEO/Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.6. Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 4 - HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.1. Work Day and Work Week . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.2. Executive Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES . . . . . 8
Section 5.1. Notification of Work Rule Changes . . . . . . . . . . . . . . . . . . . . . 8
Section 5.2. Modified Work Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE 6 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 6.1. Sick Leave Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 6.2. Sick Leave Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subsection A. LEOFF I Employees . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subsection B. LEOFF II Employees . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6.3. LEOFF II Sick Leave Usage . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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Section 6.4. LEOFF II Employees--On-Duty Injury Leave Provision . . . . 9
Section 6.5. LEOFF I Employees Leave to Care for Sick Dependents . . 9
Section 6.6. Sick Leave Incentive/Buy-Out Program . . . . . . . . . . . . . . . . 10
Section 6.7. Light Duty 10
ARTICLE 7 - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 7.1. Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ARTICLE 8 - EDUCATION ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 8.1. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 8.2. Officers - Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8.3. Class Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8.4. Reimbursement Procedures . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 9 - ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.1. Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.2. Scheduling Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.3. Maximum Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE 10 - PENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 11 - BEREAVEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 12 - CITY SUPPLIED EQUIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 13 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 13.1. General Management Rights . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 13.2. Volunteers and Temporary Employees . . . . . . . . . . . . . . . . . 16
ARTICLE 14 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 14.1. Non-Strike Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 14.2. Performance of Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE 15 - CONFERENCE BOARD - NA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE 16 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section16.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section16.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section16.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section16.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section16.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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Section16.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section16.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section16.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE 17 - POLICE OFFICERS' BILL OF RIGHTS . . . . . . . . . . . . . . . . . . . . 20
Section 17.1. Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 17.2. Psychological Evaluations . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE 18 - COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 18.1. Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 18.2. Working out of Classification . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 18.3. Longevity and Education Incentive Pay . . . . . . . . . . . . . . . . 23
Subsection 18.3.1. 1996 Longevity Pay . . . . . . . . . . . . . . . . . . . . . . 23
Subsection 18.3.2. 1996 Education Incentive Plan . . . . . . . . . . . . . 24
Subsection 18.3.3. 1997 Longevity and Education Incentive Pay . . 24
Section 18.4. Effective Date of Compensation Increases . . . . . . . . . . . . 25
Section 18.5. Clothing and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 18.6. Compensation for Training . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 18.7. Timely Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 18.8. Matching Deferred Compensation . . . . . . . . . . . . . . . . . . . . 27
ARTICLE 19 - INSURANCE COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 19.1. Health Care Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subsection 19.1.1. Plans Offered . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subsection 19.1.2. Employee Coverage . . . . . . . . . . . . . . . . . . . . 28
Subsection 19.1.3. Dependent Coverage . . . . . . . . . . . . . . . . . . . 28
Subsection 19.1.4. LEOFF I Health Coverage Requirement . . . . . . 29
Section 19.2. Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 19.3. Forms Handling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 19.4. Health Care Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 19.5. Hepatitis B Vaccination Program . . . . . . . . . . . . . . . . . . . . . 29
ARTICLE 20 - MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 21 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE 22 - SUBSTANCE ABUSE TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 22.1. Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 22.2. Informing Employees About Drug and Alcohol Testing . . . . 31
Section 22.3. Employee Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Section 22.4. Sample Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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Section 22.5. Drug Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Section 22.6. Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Section 22.7. Medical Review Physician . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 22.8. Laboratory Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 22.9. Testing Program Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 22.10. Rehabilitation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 22.11. Duty Assignment After Treatment . . . . . . . . . . . . . . . . . . . 35
Section 22.12. Right of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Section 22.13. Association Held Harmless . . . . . . . . . . . . . . . . . . . . . . . . . 35
Section 22.14. Consent for Sampling and Release of Information Form . . 36
ARTICLE 23 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
ARTICLE 24 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
ARTICLE 25 - TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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PREAMBLE
This agreement herein contains the entire agreement between the Kent Police Officers
Association (hereinafter known as the Association) and the City of Kent, Washington
(hereinafter known as the City). The purpose of the City and Association in entering into
this agreement is to set forth their complete agreement with regard to wages, hours and
working conditions for the employees in the bargaining unit so as to promote the efficiency
of law enforcement; public safety; the morale and security of employees covered by this
agreement; and harmonious relations, giving recognition to the rights and responsibilities
of the City, the Association and the employees.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1. Recognition of the Association
The City recognizes the Association as the exclusive bargaining representative for all
Captains and Lieutenants in the Kent Police Department.
Section 1.2. Representation During Negotiations
For the purpose of negotiations between the parties, there shall be no more than two (2)
official representatives, plus one (1) alternate, from the Association. The City may utilize
no more than four (4) representatives, plus one (1) alternate, during this process.
Both the Association and the City agree to provide to the other party written notice of the
representatives ten (10) days prior to the commencement of the negotiations. Changes
of representatives by either party during negotiations shall also be made through written
notice at the earliest opportunity.
Section 1.3. Bulletin Board Space
The City shall provide bulletin board space for Association use in a mutually agreed-upon
location. Material posted thereon shall be the responsibility of the Association. It shall only
be used for official Association business.
Section 1.4. Association Officials Release Time
A. Time off with pay shall be limited to regular negotiations sessions between the City
and the Association negotiating team members during their scheduled duty hours.
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This section shall apply only to members of the Association's negotiating team and
members who may be required to participate.
B. Association employee representatives shall be allowed a reasonable amount of on-
duty time to administer the terms of this agreement. This clause implements the
current practice of the parties, and is not intended to expand the use of on-duty time
by Association representatives.
Time off required by Association members to prepare for or attend compulsory
arbitration meetings or hearings shall be considered leave without pay, unless
substitute coverage is provided for by Association members at no additional cost to
the City to replace those designated employees who are required to be absent from
their shifts. It shall be the Chiefs responsibility to determine staffing levels required
on all shifts. It shall be the Chiefs decision as to whether substitute coverage is
necessary to attend compulsory arbitration proceedings.
Section 1.5. Probationers
1.5.1 The parties recognize the purpose of a probationary promotion period of
employment is to provide a trial period of employment during which the City can
observe the performance of the probationer before confirming the rights of
permanent status.
1.5.2 During the actual or extended probationary promotion period of employment,
the probationer shall be entitled to the protection of the grievance procedure
as outlined in Article 17. If the employee is unsuccessful in their probationary
period the employee has the right to revert back to their permanently held Civil
Service rank per Civil Service rule XIII.
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION
Section 2.1. Eligibility
The City recognizes that employees within the bargaining unit may, at their discretion,
become members of the Association. Intent to join, in writing, must be furnished to the City
prior to formal membership for the purposes of uniform dues deductions.
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Section 2.2. Association Membership
The Association accepts its responsibility to fairly represent all employees in the bargaining
unit regardless of membership status.
Neither party shall discriminate against any employee because of membership or
nonmembership in the Association. However, this clause shall not restrict the Association
from providing internal, Association sponsored benefits to Association members only.
Section 2.3. Dues Deduction
The following procedure shall be followed in the deduction of dues for members of the
Association.
A. The City agrees to the deduction of monthly dues uniformly levied by the
Association for those employees who elect to become members of the
Association and who request in writing to have their regular monthly
Association dues deduction checked off on the basis of individually signed
voluntary check-off authorization cards.
B. Each month, the City shall remit to the Association all dues deducted
together with a list of employees and the amount deducted from each
employee. The City agrees to notify the Association of new employees
within thirty (30) days of the date of hire or promotion.
C. All employees who elect not to become members of the Association shall,
in lieu of Association membership, pay to the Association a regular monthly
service fee equal to the Association dues schedule in effect for that
employee as a monthly contribution towards the administration of this
agreement. Such fees shall not exceed the maximum agency fee allowed
by law. Employees failing to honor their Association security obligations
shall be discharged, after thirty (30) days' written notice, at the request of the
Association.
D. The Association agrees to indemnify and hold the City harmless against any
and all claims, suits, orders and other judgments brought or issued against
the City by third parties as a result of any action taken by the City under the
provisions of this Section, unless caused by the negligence of the City.
E. The Association and City agree that the City will not make any other
deductions on behalf of the Association, except those described above.
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F. In accordance with state law, employees covered by this Agreement who are
forbidden from joining a labor organization based on bona fide religious
tenets or teachings of a church or religious body of which such employee is
a member shall pay an amount of money, equivalent to regular Association
dues and initiation fee, to a non-religious charity or to another charitable
organization mutually agreed upon by the employee and the Association.
The employee shall furnish written proof that such payment has been made.
If the employee and the bargaining representative do not reach agreement
on such matter, the Public Employment Relations Commission shall
designate the charitable organization.
ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1. Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees in this unit, the following basic
provisions will apply:
A. It shall be the responsibility of the City to determine job classification in which
layoffs are to occur. Such factors as nature of function performed, risk to
overall public safety, impact on the Police Department operations, shall be
weighed to determine areas where reductions can be made.
B. Order of layoff shall be determined by job classification. Employees with the
least seniority in any classification will be laid off first.
C. Reductions or transfers of non-probationary employees in the bargaining unit
shall be accomplished in accordance with seniority within classifications with
the least senior employees being first reduced or transferred.
Section 3.2. Severance Pay/Notice
All non-probationary employees shall in the event of a reduction in force be entitled to two
(2) weeks notice of such reduction and shall be paid at the time of separation, a sum equal
to two (2) weeks pay at the current rate of pay. Such severance pay shall be in addition
to any and all monies due the employee at the time of separation. Provided, however, this
section shall only apply to employees who are laid off by the City. Voluntary terminations
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and other terminations not classified as layoff are excluded from the provisions of this
section.
Section 3.3. Establishment of Reinstatement Registers
A. The names of employees who have been laid off or reduced in rank shall be placed
upon a reinstatement register for the same classification from which laid off or
reduced in rank. This reinstatement register shall be in effect for two years from the
date of layoff or reduction, and shall take priority over other hiring or promotional
lists.
B. Refusal to accept regular full-time work with the Kent Police Department from a
reinstatement register shall terminate all rights granted under this rule, provided the
work is in the same classification from which the employee was laid off.
C. Order of Reinstatement - If a vacancy is to be filled from the reinstatement register,
recall shall be made on the basis of length of service within the classification. The
regular employee on such register who has the most service credit shall be first
reinstated except in the cases of reduction in rank where reinstatement shall be
made by time of service in that rank.
Section 3.4. Employee Status When Reinstated
In the event a non-probationary employee leaves the service of the City due to reduction
in force and within the next two years the City rehires said former employee in the same
classification to which assigned at the date of reduction, such employee shall be placed
at the step in the relative salary range which he/she occupied at the time of the original
reduction.
Section 3.5. EEO/Nondiscrimination
It is agreed that the City and Association are mutually obligated to provide equal
employment opportunity, consideration and treatment to all employees of the Kent Police
Department. Where the masculine or feminine gender is used in this Agreement it is used
solely for the purpose of illustration and shall not be construed to indicate the gender of
any employee or job applicant.
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Section 3.6. Personnel Files
A. The personnel files are the property of the City and shall be kept under the direct
control of the Office of the Chief of Police and the Human Resources Department.
The City agrees that the contents of the personnel files, including the personnel
photographs, shall be confidential and shall restrict the use of information in the files
to internal use by the Police Department and/or Personnel Department.
B. All Police personnel files must be kept, maintained and secured in the confines of
the Police Chiefs Office and the Human Resources Department. The Police Chief
and the Human Resources Director, or their designee, shall be responsible for the
privacy of such files. It is understood that staff of each office will have access and
may need to review or update personnel files while conducting City business.
C. The City shall not allow anyone, other than those employees responsible for Police
Department operations and/or City administration to read, view, or have a copy, in
whole or in part, of any employee's personnel file. This provision shall not restrict
such information from becoming subject to due process by any court or
administrative personnel tribunal or as required by state or federal law. Any time
an employee's file has been released, in whole or in part, to an outside party, the
employee will be notified three (3) work days prior to such release. The notice of
release shall contain the following information: to whom the record was released
and under what authority (i.e. search warrant, court order, subpoenas, etc.).
D. Employees have the right to review their own entire personnel file. Employees
requesting to examine their own personnel file must have proper identification, and
may examine their file only in the presence of the Police Chief, Human Resources
Director, or their designee. Employees shall not remove any material from their
files, but may, upon their request, have a copy of any material in their files without
charge.
E. The Association's attorney of record shall be given access to employees personnel
files. Employees can also give permission for third parties to view their file. The
employee shall make a formal written request naming the person authorized to view
their record (i.e. a KPOA Executive Board member, family member, etc.). The
authorized person(s) shall present identification to the Police Chief, Human
Resources Director, or their designee, responsible for monitoring the process. The
City shall accommodate such request at a time convenient for both parties.
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F. Annual employee evaluations and records of disciplinary action resulting in
demotion or the loss of time or pay shall be retained permanently. All other
disciplinary records may be retained in an employee's active personnel file for not
more than five (5) years, provided no other discipline has previously or
subsequently occurred. However, these records will be purged after five (5) years
has elapsed during which no other disciplinary action has occurred. Nothing in this
section shall prevent the City from archiving files. The parties recognize that the
City may retain internal investigation files although such files may not be used in
discipline and discharge cases if they could not otherwise be retained in personnel
files pursuant to this section.
ARTICLE 4 - HOURS OF WORK
Section 4.1. Work Day and Work Week
Recognizing that flexibility is required in the scheduling of assignments for command
personnel, the normal work week shall be the equivalent of forty (40) hours per week on
an annualized basis. The normal work schedule shall either be five eight-hour days, four
ten-hour days, or the 9-80 schedule. The determination of which schedule an employee
will work shall be made by the employee, except that Patrol Lieutenants shall work the
four-ten schedule. Scheduling changes may be made by the Police Chief when there is
an operating need requiring a different schedule than that selected by the employee.
Section 4.2. Executive Leave
It is recognized that employees will be required to spend additional time over and above
their regular work week engaged in activities for the City. Since the employees are exempt
from FLSA overtime, the parties agree that each member of the bargaining unit should
receive executive leave time each year in lieu of overtime/standby pay in accordance with
the following schedule:
1996 - 24 hours
1997 - 50 hours
1998 - 60 hours
When an employee puts in substantial additional hours, the parties shall continue the
current practice concerning flex time off. Unused executive leave will be cashed out by the
City at the end of the year. It is understood that this Agreement shall be interpreted and
applied in a manner which will ensure, to the fullest extent possible, the continued exempt
status of Lieutenants and Captains.
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ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1. Notification of Work Rule Changes
The City agrees to notify the Association in advance of changes in departmental operating
procedures or working conditions which would affect employees in the bargaining unit.
Conferences to discuss such changes may be arranged prior to the time such changes
would become effective. However, nothing in this section shall be construed to limit the
City from exercising its management responsibilities, provided, however, that when
changes in procedure or department operations would cause a reduction in force or layoff
or any employee, such proposed change, including the effective date shall be provided in
writing to the Association in advance of making the proposed change.
Section 5.2. Modified Work Schedule
The parties agree to consider modifications to the normal work schedule and rotation cycle
for employees, for a specified period, where there is a demonstrated need. Such changes
shall not be precedent setting. If such modified work schedules are approved by the Police
Chief, the employee, and the Association, the parties agree to allow members of the
bargaining unit to work such mutually agreed schedules.
ARTICLE 6 - SICK LEAVE
Section 6.1. Sick Leave Benefits
All sick leave benefits for "LEOFF" personnel shall be in accordance with the Revised
Code of Washington (RCW), provided however, that LEOFF I employees of the Kent Police
Department shall not be required to submit sick leave approval requests to the LEOFF
Board for absences due to illness that do not extend beyond three (3) consecutive working
days. Approval for up to and including three (3) days sick leave for any one occurrence
shall be the responsibility of the Chief of Police or designee.
Section 6.2. Sick Leave Accrual
A. LEOFF I Employees
Officers hired by the City prior to 10/01/77, or otherwise qualify for the benefits of
LEOFF I under the RCW, will not accrue sick leave. These officers will have up to
six (6) months for any single illness or injury as approved by the LEOFF Board.
(p:lunionlpofficeApa%conmpfl 8 of 38
B. LEOFF II Employees
Officers hired by the City on or after 10/01/77 shall accrue sick leave at the rate of
eight (8) hours per month. However, their sick leave account shall be credited with
30 additional hours on January 1 of each year, beginning January 1, 1995.
Employees hired after January 1 of any calendar year shall receive the additional
hours on a prorated basis. However, under no condition will an employee's accrual
exceed 1,166 hours. (See Section 6.6.)
Section 6.3. LEOFF II Sick Leave Usage
A. All LEOFF II employees shall be entitled to use sick leave for personal illness in
accordance with current City Policy.
B. All LEOFF II employees shall be entitled to use accrued sick leave to care for a child
of the employee under the age of eighteen (18) with a health condition that requires
treatment or supervision as provided for under RCW 49.12.270.
Section 6.4. LEOFF II Employees--On-Duty Injury Leave Provision
Employees injured while on-duty must apply for "Worker's Compensation Benefits" for
disability periods described in City Policy. Questions of policy clarification or interpretation
should be referred to the Human Resources Director in writing.
Employees injured on-duty and qualified for "Worker's Compensation " shall have their
salary at the time of injury maintained for a period not to exceed six (6) months. This shall
be accomplished through a combination of"Worker's Compensation" time loss payments
and the balance supplemented by the City.
During such disability, the City shall continue to contribute towards the employees' and
dependents' medical and life insurance program at their pre-disability levels. Further, the
employee shall continue to accrue annual leave and sick leave benefits while disabled for
the period not to exceed six (6) months.
Section 6.5. LEOFF I Employees Leave to Care for Sick Dependents
Paid leave will be granted to any LEOFF I employee required to care for or attend to an
immediate family member who is sick or temporarily incapacitated and requires the
assistance of the employee. Such leave is not cumulative and shall not exceed six (6)
shifts per calendar year. Employees who require leave time in excess of six (6) shifts per
(p:lunionlpofficer\pa96conmp� 9 of 38
year shall be required to take comp time, annual leave, or leave without pay for the excess
time required.
Administration and approval of the above shall be consistent with the provisions in the City
of Kent Police Manual.
Section 6.6. Sick Leave Incentive/Buy-Out Program
Employees whose sick leave accrual exceeds 1,040 hours on December 31 of each year
shall be compensated for all hours in excess of 1,040 hours. Compensation shall be made
no later than January 20 of the following year and shall be at the employee's hourly rate
in effect at the time the compensation is made.
Section 6.7. Light Duty
In the event an employee becomes sick or disabled the employer may allow the LEOFF
II member to return to work in a light duty status.
1. A light duty status job may be assigned so as to permit the employee to continue
working within the Department in a duty capacity that the employee is physically
capable of performing in accordance with the conditions set forth by the employee's
physician while continuing to be paid at the employee's normal rate of salary.
2. Such assignment is contingent upon the medical prognosis of full physical recovery
from the employee's disability within a reasonable period of time.
3. The maximum time that will be allowed for assignment to light-duty status is sixty
(60) days; provided that upon request of the employee and approval of the
employer, the sixty (60) day period may be extended to but in no case exceed a
total period of six (6) months. Consideration of the extension shall be based upon
the medical prognosis of the employee being able to return to full employment in a
reasonable period of time thereafter in accordance with the advice of a physician
retained by the employer.
4. A request for light duty status will be submitted in writing by the employee to the
employer or from the employer to the employee.
5. Determination of an employee's disability from performing full duty, ability to perform
on light duty status and ability to return to full duty will all be made upon examination
and advice of a physician retained by the employer.
(pAunionlpofficeApa%conmpfl 10 of 38
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.
ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1. General Policy
The City recognizes the need to encourage and promote education opportunities for
employees, subject to budgetary limitations. The City will reimburse personnel for costs
incurred in receiving approved training upon satisfactory completion of such training.
Eligible costs include:
A. Tuition
B. Books
C. Fees associated with training
If an officer is attending an accredited State institution, the officer shall be reimbursed
based upon that institution's tuition schedule. If an officer is attending a non-State
supported institution, the officer shall be reimbursed on the basis of the University of
Washington tuition schedule.
(pAunionlpofficer\pa96con.wpO 11 of 38
Section 8.2. Officers - Policy
The City shall reimburse an officer for actual cost of books, tuition, and course fees while
attending approved courses. Approval to attend reimbursed training shall be requested
by June 1, of each year, for the next calendar year. Approval should include:
A. Course list
B. Reason for taking the course
C. Approximate cost
The Chief will then review and approve the total training requests and include the cost in
the budget. Once the budget is set, very few, if any changes can be made. Interim
changes will be considered by the Chief and acted on only if budget is available.
Commissioned officers who are working in the AA Degree Police Science Program will be
reimbursed for costs of courses in that degree program provided:
A. The program/school is approved by the Chief.
B. The employee submits his training plan to the Chief for inclusion in the
budget.
Section 8.3. Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or other
training organizations must do so during their off-hours. In special cases, subject to
departmental approval, an irregular work schedule may be arranged in order for an
employee to attend courses that are not offered during off-hours. Hours spent by an
employee while attending class or studying for such class during off-hours, will not be
considered compensable hours.
Section 8.4. Reimbursement Procedures
A. If reimbursement is available through outside grant funds, or any other potential
source, then reimbursement shall be through that source. (G.I. benefits and student
loans shall not be considered outside funds for purposes of this section.)
B. Upon completion of approved training, the employee must prepare a request for
reimbursement itemizing actual expenses incurred and including a copy of the
training authorities' certificate of completion or grade report.
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C. Paid receipts for training costs must accompany the request for reimbursement.
The City will reimburse the employee for only those costs that have been approved
and for which paid receipts are attached to the reimbursement request.
D. Employees requesting reimbursement must submit the request,with documentation,
within thirty (30) calendar days following successful completion of the approved
course(s). Requests not received within 30 days will not be considered for
reimbursement, unless good cause is shown.
ARTICLE 9 -ANNUAL LEAVE
Section 9.1. Annual Leave
Members of the bargaining unit shall receive annual leave benefits as follows:
CURRENT ANNUAL
COMPLETION OF: VACATION HOURS:
1-4 years 96 hours
5-9 years 120 hours
10-12 " 144 hours
13-16 " 152 hours
17-19 " 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. Maximum Accrual
Employees can maintain two times their annual accrual rate of annual leave, as set forth
in accordance with City Policy 3.2.1. Annual leave will be audited on December 31 of each
year. Employees may exceed the maximum accrual limit on January 1 of the following
calendar year, but it is the employee's responsibility to ensure that accrued annual leave
hours are at or below the maximum accrual by December 31 of the following year.
Compensatory and Holiday accumulation and use is considered separate from annual
leave accrual and use.
(pAunion\pofficer\pa96con.wpf 13 of 38
The City will schedule annual leave so as to maximize the opportunity for employees to
utilize annual leave so they may comply with the maximum accrual limit.
These provisions do not prohibit carryover of annual leave hours beyond the maximum limit
when exceptional circumstances exist. Carryover can only occur when requested by
employees in writing and when approval is granted by the Police Chief and/or City
Personnel Director. Approval of carryover is done on a case-by-case basis and does not
serve as precedent for any subsequent requests.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by applicable
Washington State Statute.
ARTICLE 11 - BEREAVEMENT
A. Members of the bargaining unit who are required to attend funerals of an immediate
family member may be released from duty after authorization is obtained from the
employee's proper chain of command. In addition, the employee may receive up
to three (3) days, if required, of leave with pay called bereavement leave. Final
approval to use bereavement leave must be granted by the Human Resources
Director or Operations Director before such leave is paid. The request for leave
shall contain the name(s) of the deceased, the relationship to the employee, and the
expected period of absence. Distance, travel time or other factors will be
considered to determine the number of days to be granted.
B. In the event that the time required to attend a funeral is in excess of three (3) days,
sick leave may be taken. A maximum of ten (10) days of sick leave may be granted
for this purpose.
ARTICLE 12 - CITY SUPPLIED EQUIPMENT
In placing this agreement into effect, the City agrees to continue to provide the necessary
articles of equipment to enable the employee to perform his/her duties, as has been done
prior to this agreement. This shall include, but not be limited to, providing flashlights,
batteries, notebooks, typewriters, pens/pencils and other necessary minor articles of
equipment of a nature specified herein. In addition, safety equipment which might be
formally recommended by the police administration and funded through the Police
(p:\union\pofficer\pa96con.wpi) 14 of 38
Department budget. Employees who suffer a loss or damage to appropriate personal
property and/or clothing in the line of duty shall be reimbursed for such loss or damage by
the City in an amount up to $300.00 per occurrence, provided a claim is filed with the City
and is substantiated by Risk Management.
ARTICLE 13 - MANAGEMENT RIGHTS
Section 13.1. General Management Rights
The Association recognizes that an area of responsibility must be reserved to management
if it is to function effectively. In recognition of this principle, it is agreed that the following
responsibilities are not subject to collective bargaining and are management
responsibilities of the City. Unless specifically modified by sections in this Agreement,
management retains the exclusive right to:
A. Determine the management organization, the selection, retention, and
promotion for occupations not within the scope of this Agreement.
B. Direct employees of the City in the performance of their official duties.
C. To hire, evaluate, promote, transfer, assign, and retain employees in
positions in the City, and to suspend, demote, discharge, or take other
disciplinary action against such employees for just cause.
D. To determine the use of technology, equipment, methods, means, and
personnel by which departmental operations are to be conducted.
E. To prescribe uniform dress to be worn by uniformed officers or employees.
F. To take whatever actions may be necessary to carry out police functions in
emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations entrusted to management.
I. To determine and administer policy.
The above listing of specific management rights is not intended nor shall be considered
restrictive of, or as a waiver of any rights of the City not listed herein. Such inherent
(pAunionlpofficer\pa96con.wp� 15 of 38
management responsibilities are not subject to arbitration and shall remain exclusively with
the City except as they may be shared with the Association by specific provisions of the
Agreement.
Section 13.2. Volunteers and Temporary Employees
The Association and the City have historically worked together to resolve issues related
to the use of volunteers and temporary part-time employees. The parties desire to retain
this cooperative spirit, and agree upon the following general principles:
A. The City will not hire any temporary part-time employees to work within the
bargaining unit without obtaining written agreement from the Association;
B. The City may continue to use volunteers for records filing at the training
center, for pawn shop data entry and crime prevention; and
The Association recognizes that the City may want to use other volunteers, or temporary
employees as the needs of the City change due to growth in geographical size and
population, etc. Whenever such changes would affect the wages, hours and working
conditions of the Association's membership, the City must bargain with the Association
before using volunteers or temporary employees to do work currently done by Association
members. While the Association agrees to give such proposals careful consideration and
bargain in good faith, the Association is not required to enter into any such agreement. In
the event the parties are unable to reach agreement, either party may request expedited
interest arbitration, to be governed by the provisions of RCW 41.56.430.
ARTICLE 14 - PERFORMANCE OF DUTY
Section 14.1. Non-Strike Provisions
Nothing in this agreement shall be construed to give an employee the right to strike and
no employee shall strike or refuse to perform his assigned duties to the best of his ability.
The Association agrees that it will not condone or cause any strike, slowdown, mass sick
call, or any other form of work stoppage or interference to the normal operation of the Kent
Police Department.
(p:lunionlpofficer\pa96con.wpfl 16 of 38
Section 14.2. Performance of Duty
It is agreed that all members of the bargaining unit shall perform all functions and duties
required by laws of the State of Washington, ordinances of the City of Kent, and Civil
Service rules and regulations and operating policies of the department.
ARTICLE 15 - CONFERENCE BOARD - NA
ARTICLE 16 - GRIEVANCE PROCEDURE
Section 16.1. Any dispute between the Employer and the Association or between the
Employer and any employee covered by this Agreement concerning the application, claim
of breach or violation of the express terms of this Agreement shall be deemed a grievance.
Section 16.2. Grievances processed through Step 3 under Section 16.5 below of the
grievance procedure shall be heard during normal City working hours unless stipulated
otherwise by the parties. Employee representatives involved in such grievance meetings
during their normal City working hours shall be allowed to do so without suffering a loss in
pay.
Section 16.3. Any time limits stipulated in the grievance procedure may be extended by
mutual agreement in writing. Failure by the Association and/or employee to comply with
any time limitation in this Article shall constitute withdrawal of the grievance. Failure by the
Employer to comply with any time limitation in this Article shall allow the Association and/or
the employee to proceed to the next step without waiting for the Employer to reply at the
previous step.
Section 16.4. A grievance in the interest of a majority of the employees in a bargaining
unit shall be reduced to writing by the Association (containing all information referenced
in Step 1 below) and may be introduced at Step 3 of the grievance procedure and be
processed within the time limits set forth herein.
Section 16.5. A grievance shall be processed in accordance with the following procedure:
Step 1 A grievance shall be reduced to writing and presented by the aggrieved
employee and/or the Association representative within fourteen (14) calendar
days of when the employee knew or should have known of the alleged
contract violation to the employee's immediate supervisor. The written
grievance shall contain the section(s) of the Agreement allegedly violated,
(pAunionlpofficer\pa96con.wpf 17 of 38
the nature of the alleged violation and the remedy sought. The parties agree
to make every effort to promptly settle the grievance at this stage. The
immediate supervisor shall answer the grievance within seven (7) calendar
days after being notified of the grievance.
Step 2 If the grievance is not resolved as provided in Step 1, it shall be forwarded
to the appropriate Division Commander by the aggrieved employee or
Association representative within seven (7) calendar days. The Division
Commander shall answer the grievance within seven (7) calendar days.
Step 3 If the grievance is not resolved as provided in Step 2, it shall be forwarded
by the aggrieved employee or Association representative to the Police Chief
with a copy to the City Human Resources Director within fourteen (14)
calendar days after the Step 2 answer. The Police Chief shall convene a
meeting within fourteen (14) calendar days after receipt of the grievance
between the aggrieved employee and Association representative, together
with Department representatives as designated by the Chief. The City
Human Resources Director or a designee may attend said meeting. Within
fourteen (14) calendar days after the meeting, the Police Chief shall forward
a reply to the Association.
Step 4 If the grievance is not resolved as provided in Step 3, or if the grievance is
initially submitted at Step 3 pursuant to Section 16.4, the grievance shall be
forwarded within fourteen (14) calendar days after receipt of the Step 3
answer. Said grievance shall be submitted by the Association to the Director
of Operations with a copy to the Police Chief. The Director of Operations or
a designee shall investigate the grievance and, if deemed appropriate, shall
convene a meeting between the appropriate parties. The Director of
Operations shall thereafter forward a written reply within fourteen (14)
calendar days after receipt of the grievance or the meeting between the
parties.
Step 5 If the grievance is not settled in Step 4, either of the signatory parties to this
Agreement may refer the grievance to arbitration.
The City (through its Director of Operations or designee) and the Association may
select a third disinterested party to serve as an arbitrator. In the event that the
parties are unable to agree upon an arbitrator, the arbitrator shall be selected from
a list of nine (9) Washington and Oregon arbiters obtained from the Federal
Mediation and Conciliation Services, each party alternately striking a name from the
list until only one name remains. Cases that are referred to arbitration shall be so
(p:lunionlpoffcer\pa96con.wpfl 18 of 38
referred within thirty (30) calendar days after the Association's receipt of the Step
4 answer and shall be accompanied with the following information.
a. Identification of section(s) of the Agreement allegedly violated
b. Nature of the alleged violation
C. Remedy sought
Section 16.6. In connection with any arbitration proceeding held pursuant to this
Agreement, it is understood as follows:
1. The arbitrator shall have no power to render a decision that will add to,
subtract from, alter, change, or modify the terms of this Agreement, and the
power shall be limited to the interpretation or application of the express terms
of this Agreement, and all other matters shall be excluded from arbitration.
2. The decision of the arbitrator shall be final, conclusive and binding upon the
City, the Association, and the employee(s) involved.
3. The cost of the arbitrator shall be borne equally by the City and the
Association, and each party shall bear the cost of presenting its own case.
4. The arbitrator's decision shall be made in writing and shall be issued to the
parties within thirty (30) days after the case is submitted to the arbitrator.
5. Any arbitrator selected under Step 5 of this Article shall function pursuant to
the rules and regulations of the Federal Mediation and Conciliation Services
unless stipulated otherwise in writing by the parties to this Agreement.
Section 16.7. Actions subject to appeal through either this contract grievance procedure
or pertinent Civil Service appeal procedures must follow either the grievance procedure
contained herein or pertinent procedures regarding such appeals to the Civil Service
Commission, including applicable deadlines. Under no circumstances may an employee
use both the contract grievance procedure and Civil Service Commission procedures
relative to the same action. An election between those procedures shall be made within
thirty (30) calendar days of the filing of the grievance or the commencement of the Civil
Service hearing, whichever comes first. The Employer shall endeavor to accommodate
the work schedule of employees who are the subject of a Civil Service hearing or grievance
arbitration, provided that the Employer is not required to alter the schedule of any
employee to make this accommodation.
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Section 16.8. Arbitration awards or grievance settlements shall not be made retroactive
beyond the date of the occurrence or nonoccurrence upon which the grievance is based,
that date being ten (10) working days or less prior to the initial filing of the grievance.
ARTICLE 17 - POLICE OFFICERS' BILL OF RIGHTS
The City retains the right to adopt rules for the operation of the Kent Police Department
and the conduct of its employees provided that such rules do not conflict with City
Ordinances, City and State Civil Service rules and regulations as they exist, or any
provision of this Agreement. It is agreed that the City has the right to discipline, suspend,
or discharge any employees for just cause.
Section 17.1. Bill of Rights
In an effort to ensure that investigations made by an officer as designated by the Chief of
Police of the Kent Police Department, are conducted in a manner which is conducive to
good order and discipline, the employees shall be entitled to the protection of what shall
hereafter be termed as the "Police Officers Bill of Rights" as follows:
A. Every employee who becomes the subject of an internal investigation shall be
advised in writing at the time of the interview that they are suspected of:
1. Committing a criminal offense; or
2. Misconduct that would be grounds for termination, suspension, or other
disciplinary action; or
B. Any employee who becomes the subject of a criminal investigation shall have all
rights accorded by the State and federal constitutions and Washington law.
C. The employee under investigation must, at the time of an interview, be informed of
the name of the officer in charge of the investigation and the name of the officer
who will be conducting the interview.
D. Twenty-four (24) hours before any interview commences, the employee shall be
informed, in writing, of the nature of the investigation, and whether the employee
is considered a witness or suspect at that stage of the investigation, including the
information: Who is the complainant or the victim, what reportedly took place, when
it happened, and where it happened.
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E. The interview of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigency of the interview dictates otherwise.
F. At the cost of the requesting party and in accordance with Washington State Law,
RCW, 9.73, the employee or City may request that an investigation interview be
recorded, either mechanically or by a stenographer. There can be no "off-the-
record" questions. Upon request, the employee under an investigation shall be
provided an exact copy of any written statement the employee has signed, or at the
employee's expense a verbatim transcript of the interview.
G. Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of improper intimidation or coercion. Twenty-four (24) hours
prior to all investigation interviews, the employee shall be afforded an opportunity
and facilities to contact and consult with his or her Association representative, and
to be represented by the Association representative to the extent permitted by law.
The employee shall be entitled to such reasonable intermissions as the employee
shall request for personal necessities, meals, telephone calls, consultation with
his/her representative, and rest periods.
H. No employee shall be required to submit to a polygraph test or to answer questions
for which the employee might otherwise properly invoke the protection of
constitutional amendment against self-incrimination. Nor shall the employee be
dismissed for or shall any other penalty be imposed upon the employee solely for
a failure to submit to a polygraph test, or to answer questions for which the
employee might otherwise invoke the protection of any constitutional amendment
against self-incrimination and provided further, that this provision shall not apply to
either the initial application for employment, or to persons in the field of public law
enforcement who are seeking promotion.
I. Should any section, subsection, paragraph, sentence, clause or phrase in this
article be declared unconstitutional or invalid, for any reason, such decision shall
not affect the validity of the remaining portions of this article.
J. The Association recognizes the administration's effort to improve procedures
involving complaints against its members. In an effort to ensure that these
procedures are accomplishing their goals, there will be an annual review of the
procedures in a meeting between the Association and the department's
administration.
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Section 17 2 Psychological Evaluations.
The purpose of this Section is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for duty and
the interest of the employee in having those examinations being conducted, in the least
intrusive manner as possible, and in a manner as to protect the employee's right to privacy.
A. Conditions Under Which Evaluations Will Take Place:
1. No evaluation will take place without there being a reasonable suspicion to
believe that an employee is psychologically unfit to perform the job. If the
Employer has facts which provide reasonable suspicion that an employee
may be psychologically unfit for duty, the Employer will bring those facts to
the attention of a doctor chosen by it from a list of doctors previously agreed
to by the Employer and the Association. In the event the City and the
Association do not reach agreement on an appropriate list, the City may
select a doctor of its choosing.
2. Any relevant medical history of the employee which the examining doctor
requests shall be released by the employee only to the examining doctor.
B. Results of the Evaluation.
The doctor will issue a written report to the Employer and the employee. The only
information which the doctor may disclose shall be whether the employee is fit or
unfit for duty or requires modified work conditions, and the prognosis for recovery.
Additionally, where the cause of the unfitness is duty-related, the doctor shall
disclose that cause. If the doctor believes the employee is fit for duty but needs
modified work conditions, the doctor will indicate what modifications are necessary
and the extent or duration projected of the modification. The doctor will keep all
data that has been made available to him or her confidential and not release it to
any of the parties except the employee. Modified work conditions may include light
duty assignments as provided in Section 6.7.
C. As used in this section, "doctor" refers to a psychologist or psychiatrist.
(pAunionlpofficer\pa96con.wpO 22 of 38
ARTICLE 18 - COMPENSATION
Section 18.1. Salaries
Jan 1 Jan 1 Jan 1
1996 1997 1998
Lieutenant 5,415 5,713 5,884
Captain 5,881 6,204 6,390
The above salaries represent the following increases:
A. Effective January 1, 1996, all members of the bargaining unit shall receive a 4.5%
increase.
B. Effective January 1, 1997, all members of the bargaining unit shall receive a 5.5%
increase.
C. Effective January 1, 1998, all members of the bargaining unit shall receive a 3.0%
increase.
Section 18.2. Working Out of Classification
A. Any employee who is assigned to perform duties of a higher paying classification
for periods of one full week or more, shall be paid at the rate of the higher
classification. A captain acting as Police Chief shall receive a ten percent (10%)
premium over his/her regular base pay.
C. Police administration must make formal acting assignments before provisions of this
section apply, naming person placed in temporary classifications, temporary rank,
and length of time employee will be working out of his/her regular classification.
Section 18.3. Longevity and Education Incentive Pax
Subsection 18.3.1. 1996 Longevity Pay
The following longevity pay schedule will be in effect from January 1, 1996 to December
31, 1996. Longevity pay shall be applied to the base salary rates, on a monthly basis, for
employees who have completed the following continuous service requirements:
(pAunionlpofficer\pa%conmp� 23 of 38
Completion of 5 years - 1 percent
Completion of 10 years - 2 percent
Completion of 15 years - 3 percent
Completion of 20 years - 4 percent
Subsection 18.3.2. 1996 Education Incentive Plan
The following education incentive pay program will be in effect from January 1, 1996 to
December 31, 1996.
A. An Education Incentive Program shall be provided for qualified police officers. For
those officers who qualify, educational levels will be compensated at the following
rate:
1. AA degree - $ 40.00 3. MA degree - 120.00
2. BA/BS degree - 80.00 4. PhD degree - 160.00
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.
Subsection 18.3.3 1997 Longevity and Education Incentive Pay
The following longevity and educational incentive matrix schedule will be effective January
1, 1997 and remain in effect for the term of this contract.
A. Employees shall receive longevity pay in accordance with the matrix schedule listed
in subsection 18.3.3 (F). Longevity pay shall be applied to the base salary rates,
on a monthly basis, for employees who have completed the years of continuous
service requirements as listed below.
B. Educational incentive pay shall be awarded to qualified employees who have
obtained an Associate (AA) or Bachelor's (BA/BS) degree based upon length of
continuous service as listed in the matrix. Employees who have attained a Master's
(MA) or Doctorate (PhD) degree shall be paid at the Bachelor's (BA/BS) level. This
(p:Wnionlpofficer\pa96con.wpO 24 of 38
incentive pay shall be applied to the base salary rates, on a monthly basis, for
qualified employees.
C. Qualified employees hired on or after January 1, 1997 must have completed five (5)
years of continuous employment with the Kent Police Department to be eligible for
educational incentive pay as listed below.
D. Qualified employees hired prior to January 1, 1997 who have not reached the
required five years of continuous service will be paid educational incentive levels as
follows:
AA degree - $40.00 per month
BA/BS degree - $80.00 per month
E. Educational and/or longevity pay will be provided based upon the highest education
and longevity level attained. There shall be no pyramiding of educational degrees
or longevity levels.
F. Longevity Pay/Educational Incentive Matrix
Longevity 5 Yrs 10 Yrs 15 Yrs 20 Yrs
No Degree 2.0% 3.0% 4.0% 5.0%
AA Degree 3.0% 4.0% 5.0% 6.0%
BA/BS Degree 5.0% 6.0% 7.0% 8.0%
G. Those employees who have attained a "Junior" status at an accredited university
or college will receive the same compensation as an employee with an AA degree.
In order to qualify for the compensation, all of the credits earned must be
consolidated with one accredited university or college. It is the employee's
responsibility to provide proof of qualification.
Section 18.4. 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.
(p:\union\pofficer\pa96con.wpl7 25 of 38
Section 18 5 Clothing and Equipment
A. The City shall furnish employees with clothing and equipment required to perform
their assigned duties. Quantity of items shall be in accordance with past practice.
B. The City will repair damage to clothing or equipment which is due to normal wear
and tear in service. Unusual repairs required to be made because of neglect or
abuse by the employee shall be paid for by the employee responsible.
C. Approved accessories to the uniform, which are optional in nature, shall be provided
by the employee according to personal preference.
D. Cleaning and laundry of uniforms supplied by the City shall be the responsibility of
the employee.
E. Officers in the bargaining unit will be allotted:
1. $500 per year for civilian clothing.
2. Be provided uniforms by the City.
F. When an employee is required to travel for the City by automobile during the
workday, the City at its option will either
1. provide City vehicles for such travel,
2. maintain insurance coverage for work related travel which covers the
employee's automobile, or
3. pay for the cost of a rider to the employee's insurance coverage (if
necessary) to cover such travel.
The City shall pay the automobile insurance deductible, if any, incurred by the
officer who is involved in an auto accident while driving his/her personal automobile
on City business, where such accident is not the fault of the officer and the officer
is not cited.
Section 18.6. Compensation for Training
The City agrees to compensate pursuant to section 4.2 any employee for training time
which is a result of an employee's required attendance at any symposium, seminar, or
training school.
(p:\union\pofficer\pa96conmpT 26 of 38
Section 18.7. 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.
Section 18.8. Matching Deferred Compensation
Effective January 1, 1997, the City will match an employee's contributions in the City's
voluntary deferred compensation program at a rate of one for one, up to a maximum City
contribution of one percent (1%) of a Police Lieutenant's annual base pay.
Effective January 1, 1998, the City will increase its maximum contribution by one percent
(1%). This will result in a total City matching deferred compensation program at a rate of
one for one, up to a maximum City contribution of two percent (2%) of a Police Lieutenant's
annual base pay.
The City's total annual maximum contribution will be calculated based on the pay rate
effective January 1 each year, and that amount will then be divided and contributed over
the twenty four (24) pay periods in the year. In order to be eligible for this matching
contribution, the employee's contribution must be equal to or greater than the City's per pay
period contribution. In addition, the employee will make their participation choice within a
two week annual enrollment period as designated by Human Resources. Changes to the
employee's portion of Deferred Compensation contributions may be made mid-year, but
the City's contribution will be set during the designated open enrollment period.
(p:lunionlpofficer\pa96con.wpfl 27 of 38
For example:
If one percent (1%) of a Police Lieutenant's base pay equals $685.56/year, this is divided
into twenty four(24) pay periods and the City's per pay period matching amount would
be $28.57. The employee's per pay period minimum contribution would be
$28.57.
A. if the employee contributes$28.57/pay period, the City will match$28.57/pay
period.
B. If the employee contributes$50.00/pay period, the City will match$28.57/pay
period.
C. If the employee contributes $10.00/pay period, the City will match $0/pay
period.
ARTICLE 19 - INSURANCE COVERAGE
Section 19.1. Health Care Insurance
Subsection 19.1.1. Plans Offered
For the term of the contract the following health care plans will be offered to bargaining unit
members, effective the first of the month following date of signing:
A. Blue Cross of Washington and Alaska, Enhanced Prudent Buyer(PPO) Plan
B. Group Health Cooperative (HMO), with $5.00 copays for office visits and
prescription drugs; and VSP Vision.
Subsection 19 1 2 Employee Coverage
Employees in the bargaining unit shall receive a fully paid health care plan underwritten
by a company who provides such insurance nationwide. The premium cost shall be paid
by the City.
Subsection 19 1 3 Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the plans
offered by the City. The employee shall pay the following monthly premiums depending
upon the coverage and plan elected:
(pAunion\pofficeApa%conmpfl 28 of 38
Preferred Group Health
Employee/Spouse $15/mo. 25/mo.
Employee/Children 10/mo. 15/mo.
Employee/Family 25/mo. 65/mo.
Subsection 19 1 4 LEOFF I Health Coverage Requirement
The City shall provide medical coverage of LEOFF I employees as required by law.
Section 19.2. Life Insurance
The City shall pay the entire premium for double indemnity life insurance coverage for each
eligible member of the bargaining unit. The amount of coverage will be equal to the
employee's annual base salary to the maximum of$50,000.
Section 19.3. Forms Handling
A. The Association and its membership agree to cooperate with the City in all
requirements relating to insurance forms and processing such. It is mutually agreed
that forms handling is a necessary part of the employee and City's duties, and that
expeditious handling is in the best interest of both parties.
B. Each employee shall be responsible for obtaining and filling out necessary
application forms, change in coverage forms, or providing other information
necessary to determine eligibility for insurance coverage.
Section 19.4. Health Care Task Force
The parties agree that the Association's participation on the City's Health Care Task Force
has been mutually beneficial. The parties agree to meet and develop a letter of
understanding that describes the purpose of the Task Force and the parameters under
which the Task Force operates. Furthermore, the parties recognize that there must be
representation and participation by all Unions on the Task Force.
Section 19.5. Hepatitis B Vaccination Program
The City will provide employees with the opportunity to receive vaccinations and the follow-
up tests to help prevent contraction of the Hepatitis B virus. The program will be voluntary
in nature and in accordance with applicable Washington State Law, WISHA directives, and
Labor & Industry regulations, and Kent Police Department policies. Employees who wish
(p:lunionlpofficer\pa96con.wpO 29 of 38
to waive their opportunity to receive vaccinations and follow-up tests after exposure must
sign a waiver form.
ARTICLE 20 - MILITARY LEAVE
Employees of the bargaining unit shall be granted a cumulative of(15) days of paid military
leave per calendar year as required by state law.
ARTICLE 21 - SMOKE FREE WORK PLACE
The Association and the City agree that in order to create a health work environment, to
protect the public and reduce overall risk, the members of the bargaining unit agree to
comply with the City policy concerning "Smoking".
ARTICLE 22 - SUBSTANCE ABUSE TESTING
The procedure outlined in this article for drug and alcohol testing shall become a part of
the Labor Agreement between the City of Kent and the Kent Police Officers Association,
and shall be covered by all applicable articles within that Agreement.
Section 22.1. Policy
The City and the Association recognize that drug use by employees would be a threat to
the public welfare and the safety of department personnel. It is the goal of this policy to
eliminate or absolve illegal drug usage through education and rehabilitation of the affected
personnel. The use of alcoholic beverages or unauthorized drugs shall not be permitted
at the City's work sites and/or while an employee is on duty nor shall an employee report
for duty under the influence of alcohol or unauthorized drug.
While the City wishes to assist employees with alcohol or chemical dependency problems,
safety is the City's first priority. Therefore, employees must not report for work or continue
working if they are under the influence of, or impaired by, the prohibited substances listed
in Sections 24.5 and 24.6 of this article. Employees participating in treatment programs
are expected to observe all job performance standards and work rules.
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Section 22.2. Informing Employees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy. Employees
will be provided with information concerning the impact of the use of alcohol and drugs on
job performance. In addition, the City shall inform the employees on how the tests are
conducted, what the tests can determine and the consequence of testing positive for drug
use. No employee shall be tested before this information is provided to him/her.
Employees who voluntarily come forward and ask for assistance to deal with a drug or
alcohol problem shall not be disciplined by the City.
The City encourages employees to seek treatment for drug and alcohol abuse voluntarily.
To encourage employees to do so, the City makes available the Employee Assistance
Program (E.A.P.). Any employee who notifies the City of alcohol or chemical abuse
problems will be given the assistance offered to employees with any other illness. As with
other illnesses, the City may grant sick leave, vacation leave or leaves of absence without
pay for treatment and rehabilitation of drug and alcohol abuse.
Any decision to voluntarily seek help through the Employee Assistance Program, or
privately, will not interfere with an employee's continued employment or eligibility for
promotional opportunities. Information regarding an employee's participation in the
Employee Assistance Program will be maintained in confidence.
Section 22.3. Employee Testing
Unless otherwise required by federal law, employees shall not be subject to random urine
testing or blood testing or other similar or related tests for the purpose of discovering
possible drug or alcohol abuse. If the City has reasonable suspicion to believe an
employee's work performance is impaired due to drug or alcohol use, the City may require
the employee to undergo a drug and/or alcohol test consistent with the conditions set forth
in this article.
Reasonable suspicion for the purposes of this article is defined as follows: the City's
determination that reasonable suspicion exists shall be based on specific, articulated
observations concerning the appearance, behavior, speech or body odors of an employee
and shall include, as a minimum, a written report documenting objective, measurable
changes in an employee's work performance due to unauthorized drug or alcohol use by
two (2) observers who have adequate opportunity to observe these changes.
(pAunionlpofficer1pa96con.wpo 31 of 38
Section 22.4. Sample Collection
The collection and testing of samples shall be performed only by a laboratory and by a
physician or health care professional qualified and authorized to administer and determine
the meaning of any test results. The laboratory performing the test shall be one that is
certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be
agreed to by the Association and the City. The results of employee tests shall be made
available to the Medical Review Physician.
Collection of blood or urine samples shall be conducted in a manner which provides for the
highest, reasonable degree of security for the sample and freedom from adulteration.
Blood or urine samples will be submitted as per NIDA standards including the recognized
chain of custody procedures. Employees have the right for Association and/or legal
representation to be present during the submission of the sample. Employees shall not
be witnessed while submitting a urine specimen. Prior to submitting to a urine or blood
sample, the employee will be required to sign a consent and release form as attached to
this article.
A split sample shall be reserved in all cases for an independent analysis in the event of a
positive test result. All samples must be stored in a scientifically acceptable preserved
manner as established by NIDA. All positive confirmed samples and related paperwork
must be retained by the laboratory for at least six (6) months or for the duration of any
grievance, disciplinary action, or legal proceedings, whichever is longer. At the conclusion
of this period, the laboratory's paperwork and specimen shall be destroyed. Tests shall be
conducted in a manner to ensure that an employee's legal drug use and diet does not
affect the test result.
Section 22.5. Drug Testing
The laboratory shall test for only the substances and within the limits as follows for the
initial and confirmatory test as provided within NIDA standards. The initial test shall use
an immunoassay test procedure which meets the requirements of the Food and Drug
Administration for commercial distribution. The following initial cutoff levels shall be used
when screening specimens to determine whether they are negative for these five drugs or
classes of drugs:
INITIAL TESTING
Marijuana metabolites . . . . . . . . . . . . . . . . . . . . . . . . 100 ng/ml
Cocaine metabolites . . . . . . . . . . . . . . . . . . . . . . . . . 300 ng/ml
Opiate metabolites' . . . . . . . . . . . . . . . . . . . . . . . . . . 300 ng/ml
(p:lunionlpofficer\pa%conmpfl 32 of 38
Phencyclidine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ng/ml
Amphetamines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 ng/ml
(1) If immunoassay is specific for free morphine, the initial test level is 25 ng/ml.
If initial test results are negative, testing shall be discontinued, all samples destroyed and
records of the testing expunged from the employee's files. Only specimens identified as
positive on the initial test shall be confirmed using gas chromatography/mass spectrometry
(GC/MS) techniques at the following listed cutoff values.
CONFIRMATORY TESTING
Marijuana metabolites' . . . . . . . . . . . . . . . . . . . . . . . . 15 ng/ml
Cocaine metabolites2 . . . . . . . . . . . . . . . . . . . . . . . . . 150 ng/ml
Opiate metabolites
Morphine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 ng/ml
Codeine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 ng/ml
Phencyclidine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ng/ml
Amphetamines
Amphetamine . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 ng/ml
Methamphetamine . . . . . . . . . . . . . . . . . . . . . . . . 500 ng/ml
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
If confirmatory testing results are negative, all samples shall be destroyed and records of
the testing expunged from the employee's files.
Drug test results gathered under this article will not be used in a criminal investigation or
prosecution.
Section 22.6. Alcohol Testing
A breathalyzer or similar equipment certified by the state toxicologist shall be used to
screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test performed
by a qualified laboratory. This screening test shall be performed by an individual properly
qualified to perform the tests utilizing appropriate equipment. An initial positive alcohol
level shall be 0.04 grams per 210 L. of breath. That is, if both breaths register at .04 or
above, that constitutes a positive test. If only one breath is at .04 or above and the other
is below .04, the test is negative. If initial testing results are negative, testing shall be
discontinued, all samples destroyed and records of the testing expunged from the
employee's files. Only specimens identified as positive on the initial test shall be confirmed
(p:\union\pofficer\pa96con.wpt) 33 of 38
using a blood alcohol level. Sample handling procedures, as detailed in Section 24.4, shall
apply. A positive blood alcohol level shall be 0.04 grams per 100 ml of blood. If
confirmatory testing results are negative, all samples shall be destroyed and records of the
testing expunged from the employee's files.
Section 22.7. Medical Review Physician
The Medical Review Physician shall be chosen and agreed upon between the Association
and the City and must be a licensed physician with a knowledge of substance abuse
disorders. The Medical Review Physician shall be familiar with the characteristics of tests
(sensitivity, specificity and predictive value), the laboratories conducting the tests and the
medical conditions and work exposures of the employees.
The role of the Medical Review Physician will be to review and interpret the positive test
results. He/she must examine alternative medical explanations for any positive test results.
This action shall include conducting a medical review with the affected employee, review
of the employee's medical history and review of any other relevant biomedical factors. The
Medical Review Physician must review all relevant medical records made available by the
tested employee when a confirmed positive test result could have resulted from legally
prescribed medication.
Section 22.8. Laboratory Results
The laboratory will advise only the employee and the Medical Review Physician of any
positive results. The results of any positive drug or alcohol test can only be released to the
City by the Medical Review Physician once he/she has finished review and analysis of the
laboratory's test. Unless otherwise required by law, the City will keep the results
confidential and shall not release them to the general public.
Section 22.9. Testing Program Costs
The City shall pay for all costs involving drug and alcohol testing as well as the expenses
associated with the Medical Review Physician. The City shall also reimburse each
employee for their time and expenses including travel incurred involving the testing
procedure only.
Section 22.10. Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 24.5 and 24.6 of this
article as determined by the Medical Review Physician in Section 24.7 shall be medically
evaluated, counseled and treated for rehabilitation as recommended by the E.A.P.
(p:lunionlpofficer\pa96con.wp� 34 of 38
counselor. In the event the employee disagrees with the treatment recommended by the
E.A.P. counselor, the employee may choose to obtain a second opinion from a qualified
physician of his/her choice. Employees who complete a rehabilitation program may be re-
tested randomly for one (1) year following completion of a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who enter the program on their own shall not be subject by the City to random
re-testing. Employees will be allowed to use their accrued and earned leave for the
necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if the
employee requires additional counseling and/or treatment. The employee will be solely
responsible for any costs, not covered by medical benefits/insurance, which arise from this
additional counseling or treatment.
Section 22.11. Duty Assignment After Treatment
If the duty assignment for an employee is modified or changed as a result of a
rehabilitation program, then after an employee successfully completes his/her rehabilitation
program, the employee shall be returned to the regular duty assignment held prior to the
rehabilitation program. Once treatment and follow-up care is completed, and one (1) year
has passed with no further violations of this article, the employee's personnel and medical
files shall be purged of any reference to his/her drug problem or alcohol problem.
Section 22.12. Right of Appeal
The employee has the right to challenge the result of the drug or alcohol test and any
discipline imposed in the same manner that he/she may grieve any other City action.
Section 22.13. Association Held Harmless
This drug and alcohol testing program was initiated at the request of the City. The City
assumes the sole responsibility for the administration of this Article and shall be solely
liable for any legal obligations and costs arising out of the provisions and/or application of
this collective bargaining agreement relating to drug and alcohol testing. The Association
shall be held harmless for the violation of any worker rights arising from the administration
of the drug and alcohol testing program.
(p:lunionlpofficer\pa96con.wp0 35 of 38
Section 22.14. Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 24 of the Collective Bargaining Agreement between the
Kent Police Officers Association and the City of Kent, I consent to the collection of a
urine/blood sample by and its
analysis by for those drugs specified in the
Collective Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to the City of
Kent only after the laboratory's results have been reviewed and interpreted by the Medical
Review Officer. The information provided to the employer shall be only whether the tests
were confirmed positive or were negative and not any other results of the test without my
written consent. The laboratory is not authorized to release the results of this test to any
other person without my written consent.
I understand I have the right to my complete test results and that the laboratory will
preserve the sample for at least six (6) months. I have the right to have this sample split
and a portion tested at a second laboratory of my choice at my expense in the event the
test results are confirmed positive.
I understand that the City is requiring me to submit to this test as a condition of my
employment and that alteration of the sample or failure to reasonably cooperate with the
collection of a urine/blood sample will result in disciplinary action by the City.
I understand that a confirmed positive test may result in a requirement that I undergo
rehabilitation.
By signing this consent form, I am not waiving any of my rights under any federal, state or
local law, statute, constitution, ordinance, administrative rule or regulation or common law
provision. I understand that I have the right to challenge any confirmed positive test result
and any Employer action based thereon by filing a grievance under the Collective
Bargaining Agreement.
Date Employee Signature
Witness
(p:lunionlpofficer\pa96con.wpl 36 of 38
ARTICLE 23 - SAVINGS CLAUSE
If any article of the agreement or any addenda hereto should be held invalid by operation
of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of
any article should be restrained by such tribunal, the remainder of the agreement and
addenda shall not be affected thereby and the parties shall enter immediate collective
bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement
of such article.
ARTICLE 24 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement between the
parties and no oral statement shall add to or supersede any of its provisions.
The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for collective
bargaining. The results of the exercise of that right are set forth in this agreement.
Therefore, except as otherwise provided in the agreement, each voluntarily and without
qualification agrees to waive the right to oblige the other party to bargain with respect to
any subject or matter specifically covered by this agreement.
(p:lunionlpofficerlpa96con.wp� 37 of 38
ARTICLE 25 - TERM OF AGREEMENT
This Agreement shall become effective March 28, 1996, and shall remain in force until
December 31, 1998.
Signed this Aq day of , 1997, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICERS ASSOCIATION
By By -'
Jim ite, Mayof Robert Burwell, Associati President
Sue Viseth Robert Cline
Human Resources Director Negotiations Team Member
%
Approved as to form: By , k ILG
Lorna Rufener
Negotiations Team Member
City ttorney
Attest:
&"'c' a'��
City Clerk
(pAunionlpofficer\pa96con.wp� 38 of 38