HomeMy WebLinkAboutHR1993-0103 - Original - Kent Police Guild - Support - 1993-1995 Labor Agreement KENT POLICE GUILD (SUPPORT)
CITY OF KENT
1993 - 1995
(A:\PS93CON.wpd 01/95)
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TABLE OF CONTENTS
Page
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.1 Recognition of the Guild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.2 Representation During Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.3 Bulletin Board Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.4 Guild Officials Release Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1.5 Probationers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2.1 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2.2 Guild Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2.3 Excluded Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2.4 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 3 - EMPLOYMENT PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3.1 Personnel Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3.2 Severance Pay/Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.3 Establishment of Reinstatement and Reduction in Rank Registers . . . . . . . . . . 5
Section 3.4 Recalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.5 Affirmative Action/Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 3.6 Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 4 - HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 4.1 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 4.2 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.3 Time Off in Lieu of Pay for Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.4 Overtime Minimum - Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.5 Overtime Pay for Court Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4.6 Shift Bidding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES . . . . . . . . . . 9
Section 5.1 Notification of Work Rule Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 5.2 Modified Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE 6 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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ARTICLE 7 - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 7.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 7.2 Holiday Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE 8 - EDUCATION ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 8.1 General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 8.2 Class Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8.3 Reimbursement for Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 9 - ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.1 Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.2 Scheduling Annual Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.3 Seniority Right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9.4 Maximum Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE 10 - PENSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 11 - BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 12 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 13 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 14 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 15 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 15.1 Non-Strike Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 15.2 Performance of Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 16 - CONFERENCE BOARD/COMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . 16
Section 16.1 Mutual Concerns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 16.2 Communications with the City Administrator . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 17 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section17.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section17.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section17.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section17.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section17.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section17.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section17.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section17.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section17.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
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ARTICLE 18 - EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 18.1 Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE 19 - COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 19.1 Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 19.2 Shift Differential Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 19.3 Temporary Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 19.4 Longevity Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 19.5 Compensation for Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 19.6 Timely Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
ARTICLE 20 - INSURANCE COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.1 Employee Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.2 Dependent Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.3 Plans Offered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.4 Employee Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 20.5 Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 20.6 Forms Handling Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 20.7 Health Reform Reopener . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
ARTICLE 21 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
ARTICLE 22 - TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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PREAMBLE
The agreement herein contains the entire agreement between the Kent Police Guild
(hereinafter known as the Guild) and the City of Kent, Washington(hereinafter known as the City).
The purpose of the City and Guild 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 Guild and the employees.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1 Recognition of the Guild
The City recognizes the Guild as the exclusive bargaining representative for all employees within
the bargaining unit.
Section 12 Representation During Negotiations
For the purpose of negotiations between the parties, there shall be no more than three (3) official
representatives,plus one (1) alternate, from the Guild. The City may utilize no more than three (3)
representatives, plus one (1) alternate, during this 11
process.
Both the Guild 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
A. The City shall provide bulletin board space for Guild use in a mutually agreed-upon
location. Material posted thereon shall be the responsibility of the Guild. It shall not
contain material related to elections and it shall relate only to official Guild business.
Section 1.4 Guild Officials Release Time
A. Time off with pay shall be limited to regular negotiations sessions between the City
and the Guild negotiating team members during their scheduled duty hours. This
section shall apply only to members of the Guild's negotiating team and members
who may be required to participate.
B. Guild employee representatives shall be allowed a reasonable amount of on-duty
time to administer the terms of this agreement. This clause implements the current
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practice of the parties,and is not intended to expand the use of on-duty time by Guild
representatives.
Time off required by Guild members to prepare for or attend compulsory arbitration
meetings or hearings shall be considered leave without pay, unless substitute
coverage is provided for by Guild 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 Chief s 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 probationary 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 period of employment, the probationer shall be
entitled to the protection of the grievance procedure as outlined in Article 17, except the
Guild recognizes the City's need to exclude the probationer from the protection of the
following articles or sections of this agreement:
A. Those provisions requiring just cause for discipline;
B. Article 4.1 -As it relates to the needs of the department to train and evaluate
the probationer; and
C. Those exceptions specifically identified within the agreement.
ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION
Section 2.1 Eligibility
The City recognizes that employees within the bargaining unit may, at their discretion, become
members of the Guild. Intent to join, in writing, must be furnished to the City prior to formal
membership for the purposes of uniform dues deductions.
Section 2.2 Guild Membership
The Guild 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
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in the Guild. However, this clause shall not restrict the Guild from providing internal, Guild
sponsored benefits to Guild members only.
Section 2.3 Excluded Employees
The following employees shall be excluded from the bargaining unit.
A. Police Chief.
B. "Uniformed Personnel'of the Kent Police Department as defined by State Law RCW
41.56.030(6).
C. Records Manager.
D. Employees of the Corrections Facility, excluding Office Technician and
Administrative Assistant.
E. All other employees of other Departments of the City of Kent.
F. Supervisory employees and confidential employees as defined in RCW 41.56.
Any dispute arising in the future as to the inclusion or exclusion of a position from the
bargaining unit will be presented to the Public Employment Relations Commission(PERC)
for determination.
Section 2.4 Dues Deduction
The following procedure shall be followed in the deduction of dues for members of the Guild.
A. The City agrees to the deduction of monthly dues uniformly levied by the Guild for
those employees who elect to become members of the Guild and who request in
writing to have their regular monthly Guild dues deduction checked off on the basis
of individually signed voluntary check-off authorization cards.
B. Each month,the City shall remit to the Guild, all dues deducted together with a list
of employees and the amount deducted from each employee. The City agrees to
notify the Guild of new employees within thirty (30) calendar days of the date of
hire.
C. All employees who elect not to become members of the Guild shall, in lieu of Guild
membership,pay to the Guild a regular monthly service fee equal to the Guild 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
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fee allowed by law. Employees failing to honor their Guild security obligations
shall be discharged, after thirty(30) days' written notice, at the request of the Guild.
D. The Guild 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 Guild and City agree that the City will not make any other deductions on behalf
of the Guild, except those described above.
F. In accordance with RCW 41.56.122(1) 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 Guild dues and initiation fee, to a
non-religious charity or to another charitable organization mutually agreed upon by
the employee and the Guild.
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 laid off. In the event of a tie, Civil Service Registry
ranking will prevail.
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Section 3 2 Severance Pav/Notice
A. All non-probationary employees shall in the event of a reduction in force be entitled
to two (2) weeks notice of such layoff 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 and other terminations not classified as layoff are
excluded from the provisions of this section.
Section 3.3 Establishment of Reinstatement and Reduction in Rank Registers
A. The names of employees who have been laid off or reduced in rank shall be placed
upon a reinstatement register for the same class from which laid off or reduced in
rank. This reinstatement register shall be in effect for two (2)years from the date of
layoff or reduction.
B. Refusal to accept permanent work with the Kent Police Department from a
reinstatement register shall terminate all rights granted under this rule,provided the
work is in the same classification from which the employee was laid off.
C. Order of Reinstatement-If a vacancy is to be filled from the reinstatement register,
recall shall be made on the basis of length of service. 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 Recalls
In the event a non-probationary employee leaves the service of the City due to a reduction in force
and within the next two (2) years the City rehires said former employee in the same relative
classification to which assigned at the date of reduction, such employee shall be placed at the step
in the relative salary range which the employee occupied at the time of the original reduction.
Section 3.5 Affirmative Action/Nondiscrimination
It is agreed that the City and Guild are mutually obligated to provide equal employment opportunity,
consideration and treatment to all employees of the Kent Police Department. The Guild also affirms
its intent to comply with the Affirmative Action Program adopted by the City of Kent. 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 sex 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. 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 and
Personnel Departments. This provision shall not restrict such information from
becoming subject to due process by any court or administrative personnel tribunal.
It is further agreed that information may be released to outside groups subject to the
approval of both the City and employee; provided, that nothing in this section shall
prevent an employee or the Personnel Officer of the City from viewing the
employee's original personnel file in its entirety, upon written request, stating the
reason for the review. Such review will be conducted in the presence of a command
staff member, or Records manager of the Police Department and/or the Human
Resources Director.
B. Duplication of Documents - Materials, documents or records will not be removed
from the employee's files by the employee. Duplication of any materials in their
folder, requested by the employee, will be done only by the Police Administration.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4.1 Hours of Work
A. The normal work schedule for employees covered by this agreement shall not exceed
40 hours of work in a seven (7) consecutive day period. The work week will
commence at the beginning of day shift on Sunday and end with completion of
Saturday night's graveyard shift. The employee's work schedule shall be posted at
least fourteen (14) days prior to the beginning of the applicable work period. The
work schedule shall be either five (5) consecutive workdays followed by two (2)
consecutive days off, or four (4) consecutive workdays followed by three (3)
consecutive days off,except at shift rotation time. Scheduling changes may be made
where there is an operating need. The Guild shall be given thirty (30) days advance
notice of any change in the basic schedule (5-2 to 4-3 or 4-3 to 5-2), and of the
schedule determined for new assignments or positions, and the reasons necessitating
it, in order to discuss alternatives and impacts. Provided, however, that any
employee covered in this section who is required to report back to work between the
end of their regular shift and the beginning of their next regular shift shall be paid at
the overtime rate for all hours worked between regular shifts. Employees must be
scheduled with at least twenty-four (24) hours between the time each regular shift
begins. Except as provided herein,the Police Administration shall have the right to
determine the work schedule.
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Section 4.2 Overtime
A. Employees shall be paid at the rate of time and one-half for all hours worked in
excess of forty (40)hours in one consecutive seven(7) day work period, inclusive
of lunch periods. The employee may opt to accrue compensatory time in lieu of
overtime pay. Compensatory time will accrue at a rate of one-and-one-half(1-1/2)
hours for each hour earned.
B. In all cases overtime will be computed to the nearest one-quarter (1/4)hour.
Section 4.3 Time Off in Lieu of Pay for Overtime
Employees who wish to take time off in lieu of receiving overtime pay may do so provided:
A. Departmental scheduling will allow the employee to take time off.
B. An employee may accumulate up to sixty (60) hours of comp time off. All hours
above sixty (60) shall be paid unless approval is received from the Police Chief to
accumulate more than sixty (60) hours. Both the request and approval must be in
writing. Employees with over 60 hours of compensatory time as of the date of
signing shall have until January 1, 1995, to use up their excess comp time.
C. Employees who wish to receive pay for their accumulated compensatory time will
have the option of receiving this pay on an annual basis, and such pay shall be
included with the annual holiday buyout" check. Those employees who exercise
this option will submit their request, in writing,to the Chief of Police no later than
November 15th each year. This does not preclude the employee from receiving pay
for their accumulated time during any regular pay period.
Section 4.4 Overtime Minimum- Call Back
Employees "called back" to work shall receive a minimum of three(3)hours pay at the overtime rate
for the work for which they were called back. This provision applies when such call back results in
hours worked which are not annexed consecutively to either the beginning or end of a regular shift.
Section 4.5 Overtime Pav for Court Appearances
In the event that court appearances are required, the City shall attempt, wherever possible, to
schedule such appearances during an employ ue ar duty shift, rather than on shall be compensated for as follows:
days.
Such appearances outside of the regular duty sched
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A. Shift Other than Grave - Employees will receive pay at the overtime rate for court
appearance time outside of regular duty hours, provided, however, each employee
required to report for court appearances shall receive a minimum of three (3)hours
pay at the overtime rate, for separate court appearances in accordance with Section
4.4.-C. Court appearances which are consecutively annexed to the beginning or end
of an officer's regular duty shift shall be treated as regular overtime.
B. Grave Shift-Employees who are assigned to the "grave" shift will receive pay at the
overtime rate for court appearance time outside of regular duty hours, provided,
however, each employee required to report for court appearances following his
regular duty shift shall receive a minimum of four(4)hours pay at the overtime rate,
for separate court appearances in accordance with Section 4.4.-C. Court appearances
which are consecutively annexed to the beginning or end of an employee's regular
duty shift shall be treated as regular overtime and shall not be subject to the
provisions of(A) and (B) above.)
C. Pyramiding of court appearances is prohibited. There will be a maximum of one
minimum guarantee in the morning and one minimum guarantee in the afternoon.
Continuance of a morning appearance into the afternoon shall not constitute a
separate court appearance.
D. Standby Time for Court Appearance - Employees who are required by the court or
administration to "standby" for possible court appearance, while off duty or on
furlough days off,will receive one (1)hour compensation at the regular time rate for
each two (2)hours or portion of assigned standby time. Standby time must be pre-
authorized and logged by the Police administration and have a starting time and
ending time.
Section 4.6 Shift Bidding
A. Work assignments for Records Specialists, Data Entry Specialists and Record
Supervisors shall be determined by a bid system based on tenure in those positions
with the Kent Police Department. Work assignment, as it relates to the bid process,
means a specific set of work days and work hours. (Example: Work Assignment
No. 1 =Monday,Tuesday,Wednesday and Thursday from 0700 to 1700 hours.) The
City has the sole discretion to determine the days and hours of work assignments as
they pertain to the bid process.
B. During their probationary period,Records Supervisors,Records Specialists and Data
Entry Specialists may be placed in work assignments based on training needs. Every
third bid cycle,priority for work assignment preference shall be reversed so that the
least senior personnel shall receive priority for work assignment preference.
8
C. The parties mutually agree to continue the four-month cycle. Those assignments
shall commence the first Sunday in September, January and May.
D. The bid processes for each cycle shall occur according to the following schedule:
Bids for the cycle shall begin with Records Supervisors bidding two weeks prior to
the Records Specialists and Data Entry Specialists. The Records Specialists and Data
Entry Specialists will bid between the second and third Wednesdays five months
preceding the cycle. The schedule based on the outcome of the bidding process will
be posted within one month.
Individuals unable to report for work by the start of a new cycle will not participate
in the bidding process for that cycle and shall be assigned by the City to a work
assignment for that specific cycle.
E. No early or late work assignment preference bids shall be accepted.
F. The Employer reserves the right to bar individuals from bidding where required by
business necessity.
G. The City's management rights under this Bargaining Agreement remain in full force
and effect.
ARTICLE 5 -DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1 Notification of Work Rule Changes
The City agrees to notify the Guild 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 operating would
cause a reduction in force or layoff of any employee, such proposed change, including the effective
date shall be provided in writing to the Guild in advance of making the proposed change.
Section 5.2 Modified Work Schedules
The parties acknowledge their past practice to consider and approve modifications to the normal
work schedule and rotation cycle for employees with a demonstrated need. If such modified work
schedules are approved by the Police Chief, the employee, and the Guild, the parties agree to
continue the past practice of allowing members of the bargaining unit to work such mutually agreed
schedules.
ARTICLE 6 - SICK LEAVE
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Sick leave policies shall be administered in accordance with City policy. Administration and
approval of sick leave shall be consistent with provisions in the City of Kent Policy Manual.
However,members of the bargaining unit shall have their sick leave account credited with twenty-
four (24) additional hours annually. The credit shall be provided on January 1 st of each year.
Employees hired after January 1 st of any calendar year shall receive these additional hours on a
prorated basis. It is further agreed employees of the bargaining unit can accumulate up to 1040
hours of sick leave.
ARTICLE 7 -HOLIDAYS
Section 7.1 Holidays Observed
The following holidays shall be considered as holidays for full time employees:
1. New Year's Day
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas
11. Floating Holiday
Those employees whose job classification requires the traditional work schedule Monday through
Friday will observe the holiday the same as non-represented employees of the City. All other
employees will observe the holiday on its actual day.
Section 7.2 Holiday Compensation
A. Members of the bargaining unit shall be entitled to a combination of 88 hours of time
off with pay and compensation in lieu of time off during each year.
B. The City shall purchase four(4)holidays from members of the bargaining unit each
year which include Martin Luther King Day; Presidents' Day;Veterans Day; and the
individual floating holiday. The City will issue a holiday check to all qualified
members of the bargaining unit on or about December 1 of each year for the holidays
purchased. Members working less than a full calendar year will receive such holiday
compensation in a proportion equal to their employment during the calendar year.
Those employees who wish to receive pay for their unused holidays, in addition to
10
the purchased holidays,will have the option of receiving this pay in an annual basis,
and such pay shall be included with the annual "holiday buyout" check. Those
employees who exercise this option shall submit their request,in writing,to the Chief
of Police no later than November 15th each year.
C. Bargaining unit employees who are required to work on one of the holidays listed in
Section 7.1 shall be compensated at the rate of 1-1/2 times the regular base pay for
all hours worked. However, employees who are required to work Thanksgiving or
Christmas shall be compensated at a rate of two (2)times their base pay.
D. Bargaining unit employees who are required to work on one of the non-purchased
holidays shall in addition to the provision of"C" above be entitled to take the holiday
off at a later date subject to approval of the Police Administration.
E. Bargaining unit members who are required to work on one of the purchased holidays
(4 holidays) shall be entitled to only that compensation stated in "C" above.
Additional time off at a later date is not provided.
F. Bargaining unit members whose regularly scheduled day off falls on any of the non-
purchased holidays shall be entitled to the holiday(s) off at a later date subject to the
approval of the Police Administration. However, employees whose regularly
scheduled day off falls on any of the purchased holidays (4 holidays) shall not be
entitled to a day(s) off at a later date.
G. Shifts which are eligible for time and one-half as outlined in Section 7.2 are only
those shifts which begin work within the twenty-four(24)hour period considered to
be holidays in Section 7.1. However, employees required to work swing or grave
shifts on Christmas Eve shall also be compensated at the rate of time and one-half.
Additional time off at a later date shall not be provided to employees required to
work Christmas Eve.
ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1 General Policy
The City recognizes the need to encourage and promote educational opportunities for employees,
subject to budgetary limitations. The City will reimburse personnel for costs incurred in receiving
approved training upon satisfactory completion of such training. Eligible costs include:
A. Tuition
B. Books
C. Fees associated with training.
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Employees covered by this agreement will be reimbursed by the City for above training costs if-
A. The course/training request has been pre-approved by the Chief, including course
content and relatedness to the business of the Department.
B. Approval will be requested according to procedures established by the Police Chief
by June 1 each year for the new budget year and costs are included in the budget.
Section 8.2 Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or other training
organizations must do so during their off-hours. In special cases, subject to departmental approval,
an irregular work schedule may be arranged in order for an employee to attend courses that are not
offered during off-hours. Hours spent by an employee while attending class or studying for such
class during off-hours, will not be considered compensation hours.
Section 8.3 Reimbursement for Trainin
A. If reimbursement is available through outside grant funds, or any other potential
source,then reimbursement shall be through that source. (G.I. benefits and student
loans shall not be considered outside funds for purposes of this section.)
B. Upon completion of approved training, the employee must prepare a request for
reimbursement itemizing actual expenses incurred and including a copy of the
training authorities' certificate of completion or grade report.
C. Paid receipts for training costs must accompany the request for reimbursement. The
City will reimburse the employee for only those costs that have been approved and
for which paid receipts are attached to the reimbursement request.
D. Employees requesting reimbursement must submit the request, with documentation,
within thirty (30) calendar days following successful completion of the approved
course(s). Requests not received within 30 days will not be considered for
reimbursement, unless good cause is shown.
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ARTICLE 9 -ANNUAL LEAVE
Section 9.1 Annual Leave
Members of the bargaining unit shall receive annual leave benefits as follows:
NEW SCHEDULE
CURRENT ANNUAL EFFECTIVE
COMPLETION OF: VACATION HOURS: JANUARY 1, 1995:
1-4 years 96 hours 96 hours
5-9 years 120 hours 120 hours
10-12 years 136 hours 136 hours
13-16 years 144 hours 152 hours
17-19 years 152 hours 160 hours
20+years 160 hours 176 hours
Section 9.2 Scheduling Annual Leave
Annual leave shall be granted to the employee at the time of the employee's choosing provided the
departmental work schedule would not be adversely affected.
Section 9.3 Seniority Rights
A. If two or more employees request annual leave for the same dates, and it is not
feasible to allow the employees so requesting annual leave to take leave during the
same period,then preference shall be granted on the basis of seniority, provided the
employees submitted their requests between January 1st and January 31 st of the
affected year. Requests submitted after January 31 st will be recognized by date and
not subject to seniority. Requests submitted prior to January 1 st will be superseded
by those requests which are submitted between January 1 st and January 31 st.
B. Annual leave scheduling for personnel shall not be contingent upon leave scheduling
for personnel from other bargaining units .
Section 9.4 Maximum Accrual
Employees can maintain 240 hours of annual leave,as set forth in accordance with City Policy 3.2.1.
Annual leave will be audited on December 31 of each year. Employees may exceed the maximum
accrual limit on January 1 of the following calendar year, but it is the employee's responsibility to
ensure that accrued annual leave hours are at or below the 240 hour limit by December 31 of the
following year. Compensatory and Holiday accumulation and use is considered separate from
annual leave accrual and use.
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The City will schedule annual leave so as to maximize the opportunity for employees to utilize
annual leave so they may comply with the 240 hour maximum accrual limit.
These provisions do not prohibit carryover of annual leave hours beyond the maximum limit when
exceptional circumstances exist. Carryover can only occur when requested by employees in writing
and when approval is granted by the Police Chief and/or City Personnel Director. Approval of
carryover is done on a case-by-case basis and does not serve as precedent for any subsequent
requests.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by Washington State
Statute.
ARTICLE 11 - BEREAVEMENT LEAVE
Members of the bargaining unit shall receive leave with pay for death in family/funeral leave
purposes consistent with the uniform policy currently in effect for all employees of the City of Kent.
ARTICLE 12 - 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 13 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement between the parties and
no oral statement shall add to or supersede any of its provisions.
The parties acknowledge that each has had the unlimited right and opportunity to make demands and
proposals with respect to any matter deemed a proper subject for collective bargaining. The results
of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided
in the agreement, the City and Guild, for the duration of this agreement, each voluntarily and
unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject
or matter whether or not specifically referred to or covered by this agreement.
ARTICLE 14 - MANAGEMENT RIGHTS
The Guild 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
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are not subject to collective bargaining. Unless specifically modified by sections in this Agreement,
management retains the exclusive right to:
A. Determine the management organization, the selection,retention, and promotion for
occupations not within the scope of this Agreement.
B. Direct employees of the City in the performance of their official duties.
C. To hire, evaluate, promote, determine, transfer, assign, and retain employees in
positions in the City, and to suspend, demote, discharge, or take other disciplinary
action against such employees for just cause.
D. To determine the methods,means, and personnel by which departmental operations
are to be conducted.
E. To prescribe uniform dress to be worn by certain employees.
F. To take whatever actions may be necessary to carry out police functions in
emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations entrusted to management.
I. To determine and administer policy.
The above listing of specific management rights is not intended nor shall be considered restrictive
of, or as a waiver of any rights of the City not listed herein. Such inherent management
responsibilities are not subject to arbitration and shall remain exclusively with the City except as
they may be shared with the Guild by specific provisions of this Agreement.
ARTICLE 15 - PERFORMANCE OF DUTY
Section 15.1 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 Guild 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.
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Section 15 2 Performance of Duty
It is agreed that all members of the bargaining unit shall perform all functions and duties required
by laws of the State of Washington, ordinances of the City of Kent and operating policies of the
department.
ARTICLE 16 - CONFERENCE BOARD/COMMUNICATIONS
Section 16.1 Mutual Concerns
There shall be a department conference board consisting of three (3) members named by the Guild
and three (3)representatives of the department named by the Chief. The Chief of the department,
or his representative, shall sit as one of the three(3)representatives to the maximum extent practical,
but any of the six (6) members may be replaced with an alternate from time to time. A
representative of City Administration may be requested to attend conference board meetings at the
discretion of either party. The conference board shall meet quarterly or more often as mutually
determined and shall consider and discuss matters of mutual concern pertaining to the improvement
of the department and the welfare of the employees.
The purpose of the conference board is to deal with matters of general concern to members of the
department as opposed to individual complaints of employees. Accordingly,the conference board
shall not discuss grievances properly the subject of the procedure outlined in Article 17 (Grievance
Procedure) except to the extent that such discussion may be useful in suggesting improved
department policies. Either the Guild representatives or the City representatives may initiate
discussion of any subject of a general nature affecting the operations of the department or its
employees. An agenda shall be prepared and distributed in advance of each meeting and minutes
shall be kept. Nothing in this article shall be construed to limit, restrict, or reduce the management
prerogatives outlined in this agreement or the Guild's right to engage in collective bargaining.
Section 16.2 Communications with the City Administrator
The Guild and City agree that areas of general concern not specifically mentioned in this contract
may arise. Such concerns may be related to interpretation of procedures, changes in policies,
working conditions, etc., that may generally affect employees or City rights and responsibilities.
Acknowledging that such concerns could arise and further that such concerns are of a nature that
they should not properly be considered under the Grievance Article of this agreement,the following
procedure shall be established to allow either the City or Guild to directly address issues or questions
of concern.
A. The coordinators of this procedure shall be an elected employee-representative from
the bargaining unit and City Administrator or their designees.
B. Meetings may be initiated by either the City or Guild by request. A mutually
agreeable meeting time and place will be set. Representatives of Police
16
Administration and Human Resources shall be allowed to attend the meeting.
C. A proposed agenda of items to be discussed shall be prepared and distributed in
advance of a proposed meeting. Statements, fact-finding results, etc., should be
available in writing for review in order to explain or clarify areas of concern.
D. Minutes of each meeting shall be kept.
ARTICLE 17 - GRIEVANCE PROCEDURE
Section 17.1
Any dispute between the Employer and the Guild 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 17.2
Every effort will be made to settle grievances at the lowest possible level of supervision with the
understanding grievances will be filed at the step in which there is authority to adjudicate,providing
the immediate supervisor(Lieutenant of permanent status or above) is notified. Employees will be
unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking
adjudication of their grievance.
Section 17.3
Grievances processed through Step 3 of the grievance procedure shall be heard during normal City
working hours unless stipulated otherwise by the parties. Employee representatives involved in such
grievance meetings during their normal City working hours shall be allowed to do so without
suffering a loss in pay.
Section 17.4
Any time limits stipulated in the grievance procedure may be extended for stated periods of time by
the appropriate parties by mutual agreement in writing. Failure by the Guild and/or employee to
comply with any time limitation of the procedure in this Article shall constitute withdrawal of the
grievance. Failure by the City to comply with any time limitation of the procedure in this Article
shall allow the Guild and/or the employee to proceed to the next step without waiting for the City
to reply at the previous step.
Section 17.5
A grievance in the interest of a majority of the employees in a bargaining unit shall be reduced to
17
writing by the Guild and may be introduced at Step 3 of the grievance procedure and be processed
within the time limits set forth herein.
Section 17.6
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 Guild representative within ten(10)working 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 information as outlined in Step 3. The parties agree to
make every effort to promptly settle the grievance at this stage . The immediate supervisor
shall answer the grievance within five(5)working 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 within five(5)working days. The Division Commander shall answer
the grievance within five (5) working days.
Step 3 If the grievance is not resolved as provided in Step 2 it shall be reduced to written form,
citing the section(s)of the Agreement allegedly violated,the nature of the alleged violation
and the remedy sought. The Grievance Committee or its designee and/or aggrieved
employee shall then forward the written grievance to the Police Chief with a copy to the City
Human Resources Director within ten(10)working days after the Step 1 answer. The Police
Chief shall convene a meeting within ten (10) working days after receipt of the grievance
between the aggrieved employee, shift representative and/or Committee Representative,
together with Department representatives. The City Human Resources Director or a designee
may attend said meeting. Within ten(10) working days after the meeting, the Police Chief
shall forward a reply to the Guild.
Step 4 If the grievance is not resolved as provided in Step 3 above, or if the grievance is initially
submitted at Step 3 pursuant to Section 17.5,the grievance shall be forwarded within ten(10)
working days after receipt of the Step 3 answer. Said grievance shall be submitted by the
Grievance Committee or its designee and/or aggrieved employee to the Chief Administrative
Officer with a copy to the Police Chief. The Chief Administrative Officer or a designee shall
investigate the grievance and, if deemed appropriate, shall convene a meeting between the
appropriate parties. The Chief Administrative Officer shall thereafter answer in writing ten
(10) working days after receipt of the grievance or the meeting between the parties.
Step 5 In the event the decision reached by the Chief Administrative Officer or designee is
unsatisfactory to the parties submitting the grievance, the grievance may, within ten (10)
working days, be submitted to the Mayor or designee for review.
Step 6 If the grievance is not settled in Step 5, either of the signatory parties to this Agreement may
18
refer the grievance to arbitration.
The City(through its Chief Administrative Officer or designee) and the Guild 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 obtained from the
Federal Mediation and Conciliation Services by both the City representative and the Guild,
each alternately striking a name from the list until only one name remains. Cases that are
referred to arbitration shall be so referred within thirty (30) calendar days after the Guild's
receipt of the Step 4 answer and shall be accompanied with the following information.
a. Identification of sections of the Agreement allegedly violated.
b. Nature of the alleged violation.
C. Remedy sought.
Section 17.7
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 Guild, and the employee(s) involved.
3. The cost of the arbitrator shall be borne equally by the City and the Guild, and each
party shall bear the cost of presenting its own case.
4. The arbitrator's decision shall be made in writing and shall be issued to the parties
within thirty (30) days after the case is submitted to the arbitrator.
5. Any arbitrator selected under this Article shall function pursuant to the rules and
regulations of the Federal Mediation and Conciliation Services unless stipulated
otherwise in writing by the parties to this Agreement.
Section 17.8
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
19
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 these procedures
shall be made within thirty (30) calendar days of the filing of the grievance or the commencement
of the Civil Service hearing, whichever comes first. The Employer shall endeavor to accommodate
the work schedule of employees who are the subject of a Civil Service hearing or grievance
arbitration;provided that the employer is not required to alter the schedule of any employee to make
this accommodation.
Section 17.9
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 as defined in Section
17.6.
ARTICLE 18 - EMPLOYEE RIGHTS
The City retains the right to adopt rules for the operation of the Kent Police Department and the
conduct of its employees provided that such rules do not conflict with City Ordinances, City and
State Civil Service rules and regulations as they exist or any provision of this Agreement. It is
agreed that the City has the right to discipline, suspend, or discharge any employees for just cause.
Section 18.1 Bill of Rights
A. In an effort to ensure that investigations made by an officer as designated by the
Chief of Police of the Kent Police Department, are conducted in a manner which is
conducive to good order and discipline, the employees shall be entitled to the
protection of what shall hereafter be termed as the " Employee Bill of Rights."
B. Every employee who becomes the subject of an internal investigation shall be
advised in writing at the time of the interview that they are suspected of:
1. Committing a criminal offense; or
2. Misconduct that would be grounds for termination, suspension, or other
disciplinary action; or
3. Not being qualified for continued employment with the Kent Police
Department.
C. Any employee who becomes the subject of a criminal investigation shall have all
rights accorded by the State and federal constitutions and Washington law.
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D. The employee under investigation must, at the time of an interview, be informed of
the name of the officer in charge of the investigation and the name of the officer who
will be conducting the interview.
E. Twenty-four (24) hours before any interview commences, the employee shall be
informed, in writing, of the nature of the investigation, and whether the employee is
considered a witness or suspect at that stage of the investigation, including the
information: Who is the complainant or the victim,what reportedly took place,when
it happened, where it happened.
F. The interview of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigency of the interview dictates otherwise.
Whenever practical,interviews shall be scheduled during the normal workday of the
City.
G. At the cost of the requesting party and in accordance with Washington State Law,
RCW 9.73, the employee or City may request that an investigative interview be
recorded,either mechanically or by a stenographer. There can be no "off-the-record"
questions. Upon request,the employee under an investigation shall be provided an
exact copy of any written statement the employee has signed, or at the employee's
expense a verbatim transcript of the interview.
H. Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of intimidation or coercion. Twenty-four (24) hours prior to
all investigative interviews, the employee shall be afforded an opportunity and
facilities to contact and consult with his or her Guild representative before being
interviewed,and to be represented by the Guild representative to the extent permitted
by law. The employee shall be entitled to such reasonable intermissions as the
employee shall request for personal necessities, meals,telephone calls, consultation
with his/her representative, and rest periods.
I. No employee shall be required to submit to a polygraph test or to answer questions
for which the employee might otherwise properly invoke the protection of
constitutional amendment against self-incrimination. Nor shall this employee be
dismissed for or shall any other penalty be imposed upon the employee solely for a
failure to submit to a polygraph test,or to answer questions for which the employee
might otherwise invoke the protection of any constitutional amendment against self-
incrimination and provided further, that this provision shall not apply to either the
initial application for employment, or to persons in the field of public law
enforcement who are seeking promotion.
21
J. Should any section, subsection,paragraph, sentence, clause or phrase in this article
be declared unconstitutional or invalid,for any reason, such decision shall not affect
the validity of the remaining portions of this article.
K. The Guild 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 Guild and the department's administration.
L. Psychological Evaluations.
1. Statement of Purpose.
The purpose of this Article is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for duty
and the interest of the employee in having those examinations being conducted:
a. In the least intrusive manner as possible, and
b. In a manner as to protect the employee's right to privacy.
2. Conditions Under Which Testing Will Take Place.
a. No test will take place without there being a reasonable suspicion to believe
that an employee is psychologically unfit to perform the job. If the Employer
has facts which provide reasonable suspicion that an employee may be
psychologically unfit for duty, the Employer will bring those facts to the
attention of a doctor chosen by it from a list of doctors previously agreed to
by the Employer and the Guild. (In the event the City and the Guild do not
reach agreement on an appropriate list, the City may select a doctor of its
choosing.)
b. Any relevant medical history of the employee which the examining doctor
requests shall be released by the employee to the examining doctor.
3. Results of the Test.
The doctor will issue a written report to the Employer and the employee. The
only information which the doctor may disclose shall be whether the
employee is fit or unfit for duty or requires modified work conditions, and the
prognosis for recovery. Additionally, where the cause of the unfitness is
duty-related, the doctor shall disclose that cause. If the doctor believes the
employee is fit for duty but needs modified work conditions,the doctor will
22
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.
4. As used in this section, "doctor" refers to a psychologist or psychiatrist.
ARTICLE 19 - COMPENSATION
Section 19.1 Salaries
(3.0%) (2.5%) (3.5%) (Equity) Required Months
1992 08/01/93 01/01/94 01/01/95 04/01/95 Each Step
Accounting Services Assistant 5.24%
Probationary 1977 2037 2088 2161 2274 6
Step 4 2077 2140 2194 2271 2290 12
Step 3 2183 2249 2305 2386 2511 12
Step 2 2300 2369 2428 2513 2639 12
Step 1 2415 2488 2550 2639 2777
Administrative Assistant
Probationary 2183 2249 2305 2386 2386 6
Step 4 2300 2369 2428 2513 2513 12
Step 3 2415 2488 2550 2639 2639 12
Step 2 2541 2618 2683 2777 2777 12
Step 1 2664 2744 2813 2911 2911
Administrative Secretary (Position to be deleted 1/l/95)
Probationary 2134 2198 2253 2332 2332 6
Step 4 2241 2308 2366 2449 2449 12
Step 3 2356 2427 2488 2575 2575 12
Step 2 2471 2545 2609 2700 2700 12
Step 1 2597 2675 2742 2838 2838
Evidence Custodian 3.0%
Probationary 2077 2140 2194 2271 2339 6
Step 4 2183 2249 2305 2386 2458 12
Step 3 2300 2369 2428 2513 2588 12
Step 2 2415 2488 2550 2639 2718 12
Step 1 2541 2618 2683 2777 2860
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Lead Evidence Technician
Probationary 2541 2618 2683 2777 2777 6
Step 4 2664 2744 2813 2911 2911 12
Step 3 2799 2883 2955 3058 3058 12
Step 2 2940 3029 3105 3214 3214 12
Step 1 3084 3177 3256 3370 3370
Office Technician
Probationary 2077 2140 2194 2271 2274 6
Step 4 2183 2249 2305 2386 2390 12
Step 3 2300 2369 2428 2513 2511 12
Step 2 2415 2488 2550 2639 2639 12
Step 1 2541 2618 2683 2777 2777
Police Data Entry 5.0%
Probationary 1796 1850 1896 1962 2061 6
Step 4 1884 1941 1990 2060 2163 12
Step 3 1979 2038 2089 2162 2270 12
Step 2 2080 2142 2196 2273 2387 12
Step 1 2191 2257 2313 2394 2514
Police Records Specialist 16.0%
Probationary 1796 1850 1896 1962 2274 6
Step 4 1884 1941 1990 2060 2390 12
Step 3 1979 2038 2089 2162 2511 12
Step 2 2080 2142 2196 2273 2639 12
Step 1 2191 2257 2313 2394 2777
Police Specialist 13.8%
Supervisor 2455 2529 2592 2683 3053
Police Word Processing Technician
Probationary 1885 1942 1991 2061 2061 6
Step 4 1977 2036 2087 2160 2163 12
Step 3 2077 2139 2192 2269 2270 12
Step 2 2183 2248 2304 2385 2387 12
Step 1 2300 2369 2428 2513 2514
Effective January 1, 1995, the Administrative Secretary position in Detectives will be reclassified
to Administrative Assistant level. The Administrative Secretary position will be abolished.
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Section 19 2 Shift Differential Pay
A. Employees who are assigned to a regular workweek of five (5) consecutive days on
and two (2) consecutive days off or four (4) consecutive days on and three (3)
consecutive days off will receive shift differential pay as follows:
1. Employees who work shifts which normally commence after the hours of
12:00 noon or before 6:00 p.m. shall be considered swing shift personnel and
shall receive a differential pay of twenty cents (200) per hour above the
regular pay rate in effect for their respective job classifications.
2. Employees who work shifts which normally commence after the hour of 6:00
p.m. or before 6:00 a.m. shall be considered to be night shift employees and
shall receive a differential pay of thirty cents(300)per hour above the regular
pay rate in effect for their respective job classifications.
3. Agreement between the City and Union is predicated on the current shift
structure in effect at the signing date of this contract. Should the function of
the section of the Kent Police Department covered by this agreement change
substantially due to changes in equipment available,scheduling requirements,
etc., it is understood that differential pay rates will be re-examined in light of
such changes.
B. In cases where the employee is permanently assigned to swing or grave shift, leave
benefits will be paid at the differential rates. If an employee is only temporarily
assigned to a swing or grave shift,they will be compensated at the differential rate
for only the hours worked.
Section 19.3 Temporary Assignments
A. The City agrees to compensate members of the bargaining unit assigned by
competent authority to positions of higher authority and responsibility. For purposes
of this Agreement,assignment shall be limited to the positions of Records Supervisor
and Police Records Manager. The employee will be compensated at the rate of the
higher classification provided they work one full shift or more.
B. Police administration, or their designee, must make formal temporary assignments
to the position of Records Supervisor or Records Manager before provisions of this
section apply: naming person placed in the temporary classification and the length
of time the employee will be in the temporary assignment.
Appointments to the position of Records Supervisor will be made whenever the
regular supervisor is absent provided:
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1. There are two or more employees working the affected shift;
2. There would normally be a supervisor working the affected shift; and
3. The Records Manager or another member of the police administration does
not assume the responsibilities of the supervisor.
Section 19.4 Longevity Pay-
Longevity pay will be applied to the base salary rates, on a monthly basis, for employees who have
completed the following continuous service requirements for the City of Kent:
Completion of 5 years - 1 percent
Completion of 10 years - 2 percent
Completion of 15 years - 3 percent
Completion of 20 years - 4 percent
Section 19.5 Compensation for Training
of an
A. The City agrees to compensate ain employees for training time which is a schools directly under the control tof the
employee's required attendant g
Washington State Law Enforcement Training Commission for the Federal
Government. Compensation shall be paid at the straight time rate for all training
hours in excess of eight in any one day or which occur on an employee's scheduled
furlough days. This compensation will be paid in accordance with the terms of
FLSA.
B. The City agrees to compensate any employee for training time which is a result of
an employee's required attendance at any symposium, seminar, or training school
conducted and attended by an employee during his off-hours. Compensation shall
be paid at the overtime rate for all training hours so attended.
Section 19.6 Timely Compensation
Employees will receive their payroll checks by 12:00 noon on the designated payday.
Concerning employees who wish to participate in the direct deposit option offered by the City for
automatic deposit of paychecks to the banking institution of the Employee's choice, it is agreed that
the timeliness of having funds available by 12:00 (noon) of any given payday can no longer be
guaranteed by the City due to the possibility of unforeseen banking computer system problems that
may arise from time to time. Employees who opt to participate in this program do not have a 12:00
(noon) guarantee insofar as the banking transfer network system is concerned. It is mutually
understood that the City has no control of the timeliness of funds being available once transmitted
electronically. However, it is also understood that normal paydays do occur on the 5th and the 20th
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of each month and that the City will initiate the electronic transfer of employee pay on the 4th and
19th of each month to employee accounts.
ARTICLE 20 -INSURANCE COVERAGE
Section 20.1 Employee Coverage
Employees in the bargaining unit shall receive a fully paid health, accident and dental coverage plan
underwritten by a company who provides such insurance nationwide. The premium cost shall be
paid by the City.
Section 20.2 Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the plans offered by the
City. Effective the first of the month following date of signing, the employee shall pay the
following monthly premiums depending upon the coverage and plan elected:
Traditional Preferred Group Health
Employee/Spouse $ 58/mo. $15/mo. $34/mo.
Employee/Children 46/mo. 10/mo. 21/mo.
Employee/Family 115/mo. 25/mo. 80/mo.
Section 20.3 Plans Offered
For the term of the contract the following health and accident plans will be offered to bargaining unit
members:
A. Blue Cross of Washington and Alaska
1. Traditional Plan
2. Preferred Plan (The benefit increases agreed upon by the City's Medical Task
Force shall be implemented the first of the month following date of signing
and included in the Preferred Plan.)
B. Group Health Cooperative (HMO)
Section 20.4 Employee Responsibilities
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.
27
Section 20.5 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.
Section 20.6 Forms Handling Insurance
The Guild and its membership agree to cooperate with the City in all requirements relating to
insurance forms and processing such. It is mutually agreed that forms handling is a necessary part
of the employee and City's duties,and that expeditious handling is in the best interest of both parties.
Section 20.7 Health Reform Reopener
The City may reopen this Agreement to the extent necessary to ensure compliance with federal or
state health care reform. No other sections of the Agreement are subject to being reopened at that
time.
ARTICLE 21 - SMOKE FREE WORK PLACE
The Guild and the City agree that in order to create a healthy work environment,to protect the public
and reduce overall risk, the members of the bargaining unit agree to comply with the City policy
concerning "smoking."
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RTICLE 22 - TERM OF AGREEMENT
This Agreement shall become effective February 1, 1993, and shall remain in force until December
31, 1995.
Signed this At day of , 1994, at Kent, Washington.
CITY OF KENT KENT POLICE GUILD (SUPPORT)
By By P
White, ayor 4JoP�agel, Gui d President
By LBy �_ �giations
u Viseth, Human Resources Director Debra Leroy,N am Member
Approved as to form: By ,����
Elaine Decker,Negotiations Team
Member
By
Roger ubovich, City Attorney
Attest:
By a!�
Brenda Jacober, C' lerk
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