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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 (p:1u nionlpofficer\pa96con.wpfl 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 (pAunionlpofficeApa%con.wp� i 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 (pAunionlpofficer\pa96con.wpi ii 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 (p:lunioMpofficeApa%con.wpo iii 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 (p:\union\pofficer\pa96con.wp� iv 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. (p:\union\pofficeApa%conmpfl 1 of 38 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. (pAunionlpofficer\pa96con.wpO 2 of 38 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. (p:lunionlpofficer\pa96con.wpO 3 of 38 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 (p:lunionlpofficer\pa96conmpl 4 of 38 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. (p:lunioMpofficer1pa96con.wpo 5 of 38 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. (pAunionlpofficer\pa96con.wp0 6 of 38 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. (p:lunionlpofficer\pa96con.wp� 7 of 38 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. (p:lunioMpofficer1pa%conmpfl 12 of 38 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. (pAunionlpofficer\pa96con.wpfl 19 of 38 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. (p:lunionlpofficer\pa96con.wp� 20 of 38 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. (p:lunionlpofficer\pa96conmp� 21 of 38 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. (p:lunionlpofficer\pa96con.wpi) 30 of 38 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