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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) 1 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 ii 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 iii 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 iv 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 1 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 2 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 3 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. 4 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. 5 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. 6 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 7 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 9 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. 11 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. 12 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. 13 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 14 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. 15 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. 20 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 23 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. 24 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: 25 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 26 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." 28 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 29