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HomeMy WebLinkAboutHR1993-0101 - Original - Kent Police Guild - Captains and Lieutenants - 1993-1995 Labor Agreement KENT POLICE GUILD CAPTAINS AND LIEUTENANTS CITY OF KENT 1993 - 1995 TABLE OF CONTENTS Paae 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 Guild Officials Release Time . . . . . . . 1 Section 1 .4 Probationers . . . . . . . . . . . . . . . 2 ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION . . . . . . . 2 Section 2 . 1 Eligibility . . . . . . . . . . . . . . . . 2 Section 2 . 2 Guild Membership . . . • • • • • • . • • . 3 Section 2 . 3 Dues Deduction . . . . . . . . . . . . . . 3 ARTICLE 3 - EMPLOYMENT PRACTICES . . . . . . . . . . . . 4 Section 3 . 1 Personnel Reduction . . . . . . . . . . . . 4 Section 3 . 2 Severance Pay/Notice . . . . . . . . . . . 5 Section 3 . 3 Establishment of Reinstatement and Reduction in Rank Registers . . . . . . . . . . . 5 Section 3 . 4 Recalls . . . . . . . . . . . . . . . . . . 6 Section 3 . 5 Affirmative Action/Nondiscrimination . . . 6 Section 3 . 6 Personnel Files . . . . . . . . . . . . . . 6 ARTICLE 4 - HOURS OF WORK AND OVERTIME . . . . . . . . . 7 Section 4 . 1 Work Day and Work Week . . . . . . . . . . 7 Section 4 . 2 Executive Leave . . . . . . . . . . . . . . 7 ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES . 7 Section 5 . 1 Notification of Work Rule Changes . . . . . 7 Section 5 . 2 Modified Work Schedules . . . . . . . . . . 8 ARTICLE 6 - SICK LEAVE . . . . . . . . . . . . . . . . . 8 Section 6 . 1 Sick Leave Benefits . . . . . . . . . . . . 8 Section 6 . 2 Sick Leave Accrual . . . . . . . . . . . . 8 Section 6 . 3 LEOFF II Sick Leave Usage 9 Section 6 .4 LEOFF II Employees--On-Duty Injury Leave 9 Provision . . . . . . . . . . . . . . . . . . . . . . Section 6 . 5 LEOFF I Employees ' Leave to Care for Sick Dependents . . . . . . . . . . . . . . . . . . . . . 9 Section 6 . 6 Sick Leave Incentive/Buy-Out Program 10 ii Section 6 . 7 Light Duty . . . . . . . . . . . . . . . 10 ARTICLE 7 - HOLIDAYS . . . . . . . . . . . . . . . . . 11 Section 7 . 1 Holidays Observed . . . . . . . . . . . . 11 ARTICLE 8 - EDUCATION ALLOWANCE . . . . . . . . . . . . 11 Section 8 . 1 General Policy . . . . . . . . . . . . . . 11 Section 8 . 2 Officers - Policy . . . . . . . . . . . . . 12 Section 8 .3 Class Attendance . . . . . . . . . . . . . 13 Section 8 . 4 Reimbursement for Training . . . . . . . . 13 ARTICLE 9 - ANNUAL LEAVE . . . . . . . . . . . . . . . . 14 Section 9 . 1 Annual Leave . . . . . . . . . . . . . . . 14 Section 9 . 2 Scheduling Annual Leave . . . . . . . . . . 14 Section 9 .3 Maximum Accrual . . . . . . . . . . . . . . 14 ARTICLE 10 - PENSIONS . . . . . . . . . . . . . . . . . 15 ARTICLE 11 - BEREAVEMENT LEAVE . . . . . . . . . . . . . 15 ARTICLE 12 - CITY-SUPPLIED EQUIPMENT . . . . . . . . . . 15 ARTICLE 13 - SAVINGS CLAUSE . . . . . . . . . . . . . . 15 ARTICLE 14 - ENTIRE AGREEMENT . . . . . . . . . . . . . 16 ARTICLE 15 - MANAGEMENT RIGHTS . . . . . . . . . . . . . 16 ARTICLE 16 - PERFORMANCE OF DUTY . . . . . . . . . . . . 17 Section 16 . 1 Non-Strike Provisions . . . . . . . . . . 17 Section 16 . 2 Performance of Duty . . . . . . . . . . . 17 ARTICLE 17 - GRIEVANCE PROCEDURE . . . . . . . . . . . . 18 Section 17 . 1 . . . . . . . . . . . . . . . . . . . . . 18 Section 17 . 2 . . . . . . . . . . . . . . . . . . . . . 18 Section 17 . 3 . . . . . . . . . . . . . . . . . . . . . 18 Section 17 .4 . . . . . . . . . . . . . . . . . . . . . 18 Section 17 . 5 . . . . . . . . . . . . . . . . . . . . . 18 Section 17 . 6 . . . . . . . . . . . . . . . . . . . . . 19 Section 17 . 7 . . . . . . . . . . . . . . . . . . . . . 21 Section 17 . 8 . . . . . . . . . . . . . . . . . . . . . 21 Section 17 . 9 . . . . . . . . . . . . . . . . . . . . . 22 iii ARTICLE 18 - POLICE OFFICERS ' BILL OF RIGHTS . . . . . . 22 Section 18 . 1 Bill of Rights . . . . . . . . . . . . . . 22 ARTICLE 19 - COMPENSATION . . . . . . . . . . . . . . . 26 Section 19 . 1 Salaries . . . . . . . . . . . . . . . . . 26 Section 19 . 2 Working out of Classification . . . . . . 26 Section 19 . 3 Longevity Pay . . . . . . . . . . . . . . 26 Section 19 .4 Effective Date of Compensation Increases . 27 Section 19 . 5 Clothing and Equipment . . . . . . . . . . 27 Section 19 . 6 Compensation for Training . . . . . . . . 28 Section 19 . 7 Timely Compensation . . . . . . . . . . . 28 Section 19 . 8 Educational Incentive Plan . . . . . . . . 28 ARTICLE 20 - INSURANCE COVERAGE . . . . . . . . . . . . 29 Section 20 . 1 Employee Coverage . . . . . . . . . . . . 29 Section 20 . 2 Dependent Coverage . . . . . . . . . . . . 29 Section 20 . 3 Plans Offered . . . . . . . . . . . . . . 29 Section 20 .4 Employee Responsibilities . . . . . . . . 30 Section 20 . 5 Life Insurance . . . . . . . . . . . . . . 30 Section 20 . 6 Forms Handling Insurance . . . . . . . . . 30 Section 20 . 7 Health Reform Reopener . . . . . . . . . . 30 ARTICLE 21 - SMOKE FREE WORK PLACE . . . . . . . . . . . 31 ARTICLE 22 - TERM OF AGREEMENT . . . . . . . . . . . . . 31 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, as defined in the PERC certification. Section 1.2 Representation During Negotiations For the purpose of negotiations between the parties, there shall be no more than two (2) official representatives, plus one (1) alternate, from the Guild. The City may utilize no more than three (3) representatives, plus one (1) alternate, during this 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 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. 1 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 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 Chief ' s decision as to whether substitute coverage is necessary to attend compulsory arbitration proceedings . Section 1 .4 Probationers 1.4 .1 The parties recognize the purpose of a probationary promotion period of employment is to provide a trial period of employment during which the City can observe the performance of the probationer before confirming the' rights of permanent status . 1.4 .2 During the actual or extended probationary promotion period of employment, the probationer shall be entitled to the protection of the grievance procedure as outlined in Article 17 . If the employee is unsuccessful in their probationary period the employee has the right to revert back to their last permantly held Civil Service rank per Civil Service rule XIII . 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 . 2 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 in the Guild. However, this clause shall not restrict the Guild from providing internal, Guild sponsored benefits to Guild members only. Section 2 .3 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 newly promoted employees within thirty (30) calendar days of the date of promotion. 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 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 3 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 4 the bargaining unit shall be accomplished in accordance with seniority within classifications with the least senior employees being first laid off . Section 3 .2 Severance Pay/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. 5 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 . 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 Human Resourdces 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 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 the Chief, or his designee . 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 6 the police administration. ARTICLE 4 - HOURS OF WORK AND OVERTIME Section 4 .1 Work Day and Work Week Recognizing that flexibility is required in the scheduling of assignments for command personnel, the normal work week shall be the equivalent of forty (40) hours per week on an annualized basis . The normal work schedule shall either be five eight-hour days, four ten-hour days, or the 9-80 schedule . The determination of which schedule an employee will work shall be made by the employee, except that Patrol Lieutenants shall work the four-ten schedule . Scheduling changes may be made by the Police Chief when there is an operating need requiring a different schedule than that selected by the employee. Section 4 .2 Executive Leave It is recognized that employees will be required to spend additional time over and above their regular work week engaged in activities for the City. Since the employees are exempt from FLSA overtime, the parties agree that each member of the bargaining unit should receive twenty-four (24) hours of executive leave time each year in lieu of overtime/standby pay. When an employee puts in substantial additional hours, the parties shall continue the current practice concerning flex time off . Unused executive leave will be cashed out by the City at the end of the year. It is understood that this Agreement shall be interpreted and applied in a manner which will ensure, to the fullest extent possible, the continued exempt status of Lieutenants and Captains . 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 7 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 Section 6 .1 Sick Leave Benefits All sick leave benefits for "LEOFF" personnel shall be in accordance with the Revised Code of Washington (RCW) , provided, however, that LEOFF I employees of the Kent Police Department shall not be required to submit sick leave approval requests to the LEOFF Board for absences due to illness that do not extend beyond three (3) consecutive working days . Approval for up to and including three (3) days sick leave for any one occurrence shall be the responsibility of the Chief of Police or designee. Section 6 .2 Sick Leave Accrual A. LEOFF I Employees - Officers hired by the City prior to October 1, 1977, or otherwise qualified for the benefits of LEOFF I under the RCW, will not accrue sick leave . These officers will have up to six (6) months for any single illness or injury as approved by the LEOFF Board. B . LEOFF II Employees - Officers hired by the City on or after October 1, 1977 shall accrue sick leave at the rate 8 of eight (8) hours per month. However, their sick leave account shall be credited with 30 additional hours on January 1 of each year, beginning January 1, 1995 . Employees hired after January 1 of any calendar year shall receive the additional hours on a prorated basis . However, under no condition will an employee ' s accrual exceed 1, 166 hours . (See Section 6 . 6 . ) Section 6 .3 LEOFF II Sick Leave Usacre A. All LEOFF II employees shall be entitled to use sick leave for personal illness in accordance with current City Policy. B . All LEOFF II employees shall be entitled to use accrued sick leave to care for a child of the employee under the age of eighteen (18) with a health condition that requires treatment or supervision as provided for under RCW 49 . 12 . 270 . Section 6 .4 LEOFF II Employees--On-Duty Injury Leave Provision Employees injured while on-duty must apply for "Worker' s Compensation Benefits" for disability periods described in City Policy. Questions of policy clarification or interpretation should be referred to the Human Resources Director in writing. Employees injured on-duty and qualified for "Worker' s Compensation" shall have their salary at the time of injury maintained for a period not to exceed six (6) months . This shall be accomplished through a combination of "Worker' s Compensation" time loss payments and the balance supplemented by the City. During such disability, the City shall continue to contribute towards the employees ' and dependents ' medical and life insurance program at their pre-disability levels . Further, the employee shall continue to accrue annual leave and sick leave benefits while disabled for the period not to exceed six (6) months . Section 6 .5 LEOFF I Employees' Leave to Care for Sick Dependents Paid leave will be granted to any LEOFF I employee required to care for or attend to an immediate family member who is sick or 9 temporarily incapacitated and requires the assistance of the employee . Such leave is not cumulative and shall not exceed six (6) shifts per calendar year. Employees who require leave in excess of six (6) shifts per year shall be required to take comp time, annual leave, or leave without pay for the excess time required. Administration and approval of the above shall be consistent with the provisions in the City of Kent Policy Manual . Section 6 . 6 Sick Leave Incentive/Buy-Out Program Employees whose sick leave accrual exceeds 1, 040 hours on December 31 of each year shall be compensated for all hours in excess of 1, 040 hours . Compensation shall be made no later than January 20 of the following year and shall be at the employee' s hourly rate in effect at the time the compensation is made . Section 6 .7 Light Duty In the event an employee becomes sick or disabled the employer may allow the LEOFF II member to return to work in a light duty status . A. A light duty status job may be assigned so as to permit the employee to continue working within the Department in a duty capacity that the employee is physically capable of performing in accordance with the conditions set forth by the employee ' s physician while continuing to be paid at the employee ' s normal rate of salary. B . Such assignment is contingent upon the medical prognosis of full physical recovery from the employee ' s disability within a reasonable period of time . C. The maximum time that will be allowed for assignment to light-duty status is sixty (60) days; provided that upon request of the employee and approval of the employer, the sixty (60) day period may be extended to but in no case exceed a total period of six (6) months . Consideration of the extension shall be based upon the medical prognosis of the employee being able to return to full employment in a reasonable period of time thereafter in accordance with the advice of a physician retained by the 10 employer. D. A request for light duty status will be submitted in writing by the employee to the employer or from the employer to the employee . E . Determination of an employee' s disability from performing full duty, ability to perform on light duty status and ability to return to full duty will all be made upon examination and advice of a physician retained by the employer. 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 S . Independence Day 6 . Labor Day 7 . Veteran' s Day 8 . Thanksgiving Day 9 . Day after Thanksgiving 10 . Christmas 11 . Floating Holiday Those employees whose job classification requires the traditional work schedule Monday through Friday will observe the holiday the same as non-represented employees of the City. All other employees will observe the holiday on its actual day. ARTICLE 8 - EDUCATION ALLOWANCE Section 8 .1 General Policy The City recognizes the need to encourage and promote educational opportunities for employees, subject to budgetary limitations . The City will reimburse personnel for costs incurred in receiving 11 approved training upon satisfactory completion of such training. Eligible costs include : A. Tuition B. Books C. Fees associated with training. If an officer is attending an accredited state institution, the officer shall be reimbursed based upon that institution' s tuition schedule. If an officer is attending a non-state supported institution, the officer shall be reimbursed on the basis of the University of Washington tuition schedule. Section 8 .2 Officers - Policv The City shall reimburse an officer for actual cost of books, tuition, and course fees while attending approved courses . Approval to attend reimbursed training shall be requested by June 1, of each year, for the next calendar year. Approval should include : A. Course list B. Reason for taking the course C. Approximate cost The Chief will then review and approve the total training requests and include the cost in the budget . once the budget is set, very few, if any, changes can be made . Interim changes will be considered by the Chief and acted on only if budget is available . Commissioned officers who are working in the AA Degree Police Science Program will be reimbursed for costs of courses in that degree program provided: A. The program/school is approved by the Chief . B. The employee submits his training plan to the Chief for inclusion in the budget . 12 Section 8 3 Class Attendance Employees who wish to attend classes offered by schools, colleges, universities, or other training organizations must do so during their off-hours . In special cases, subject to departmental approval, an irregular work schedule may be arranged in order for an employee to attend courses that are not offered during off-hours . Hours spent by an employee while attending class or studying for such class during off-hours, will not be considered compensable hours . Section 8 .4 Reimbursement for Training 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. 13 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 144 hours 13-16 years 144 hours 152 hours 17-19 years 152 hours 168 hours 20 years and thereafter 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 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. 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 Human Resources Director. Approval of carryover is done on a case-by- 14 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 . Provided, however, that where the policy states that sick leave accumulated may be used when leave required is greater than three (3) days, this shall be interpreted as "additional leave with pay" for those employees covered by LEOFF who do not accumulate sick leave. ARTICLE 12 - CITY-SUPPLIED EQUIPMENT In placing this agreement into effect, the City agrees to continue to provide the necessary articles of equipment to enable the employee to perform his/her duties, as has been done prior to this agreement . This shall include, but not be limited to, providing flashlights, batteries, notebooks, typewriters, pens/pencils and other necessary minor articles of equipment of the nature specified herein. In addition, safety equipment which might be formally recommended by the police administration and funded with the Police Department budget . Employees who suffer a loss or damage to appropriate personal property and/or clothing in the line of duty shall be reimbursed for such loss or damage by the City in an amount up to $300 per occurrence, provided a claim is filed with the City and is substantiated by loss control . ARTICLE 13 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the 15 purpose of arriving at a mutually satisfactory replacement of such article . ARTICLE 14 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions . The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement . Therefore, except as otherwise provided in the agreement, the City and 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 15 - 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 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. 16 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 16 - PERFORMANCE OF DUTY Section 16.1 Non-Strike Provisions Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform his/her assigned duties to the best of his/her 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 . Section 16 .2 Performance of Dutv 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 . 17 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 (Captain 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 writing by the Guild and may 18 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. 19 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 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 . 20 Section 17 .7 In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows : A. 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. B . The decision of the arbitrator shall be final, conclusive and binding upon the City, the Guild, and the employee (s) involved. C. 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 . D. 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. E. 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 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 21 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 POLICE OFFICERS' BILL OF RIGHTS The City retains the right to adopt rules for the operation of the Kent Police Department and the conduct of its employees provided that such rules do not conflict with City Ordinances, City and State Civil Service rules and regulations as they exist, or any provision of this Agreement . It is agreed that the City has the right to discipline, suspend, or discharge any employees for just cause . Section 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 "Police Officers 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 be qualified for continued employment with the Kent Police Department . 22 C. Any employee who becomes the subject of a criminal investigation shall have all rights accorded by the State and federal constitutions and Washington law. D. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 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, and 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 investigation interview be recorded, either mechanically or by a stenographer. There can be no off-the-record" questions . Upon request, the employee under an investigation shall be provided an exact copy of any written statement the employee has signed, or at the employee ' s expense a verbatim transcript of the interview. 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 investigation 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 23 necessities, meals, telephone calls, consultation with his/her representative, and rest periods . I . No employee shall be required to submit to a polygraph test or to answer questions for which the employee might otherwise properly invoke the protection of constitutional amendment against self-incrimination. Nor shall this employee be dismissed for or shall any other penalty be imposed upon the employee solely for a failure to submit to a polygraph test, or to answer questions for which the employee might otherwise invoke the protection of any constitutional amendment against self- incrimination and provided further, that this provision shall not apply to either the initial application for employment, or to persons in the field of public law enforcement who are seeking promotion. J. Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article . 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. 24 2 . Conditions Under Which Testing Will Take Plana! 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 probable cause 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 only to the examining doctor. 3 . Results of the Test. a. The doctor will issue a written report to the Employer and the employee . The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery. Additionally, where the cause of the unfitness is duty-related, the doctor shall disclose that cause . If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification. The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee . Modified work conditions may include light duty assignments as provided in Section 6 . 7 . 4 . As used in this section, "doctor" refers to a psychologist or psychiatrist . 25 ARTICLE 19 - COMPENSATION Section 19 .1 Salaries Jan. 1 Oct . 1 Jan. 1 July 1 1993 1994 1994 1995 1995 Lieutenant 4, 585 4, 837 51006 5, 156 5, 182 Captain 4, 932 5,203 5,437 5, 600 5, 628 Section 19 .2 Working out of Classification A. Any employee who is assigned to perform duties of a higher paying classification for periods of one full week or more, shall be paid at the rate of the higher classification. A captain acting as Police Chief shall receive a ten percent (10%) premium over his/her regular base pay. B . Police administration must make formal acting assignments before provisions of this section apply, naming person placed in temporary classifications, temporary rank, and length of time employee will be working out of his/her regular classification. Section 19 .3 Longevity Pay Effective January 1, 1994 , 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 26 Section 19 4 Effective Date of Compensation Increases The effective date for all increases in compensation shall be the first day of the month of the employee ' s anniversary or when otherwise eligible. Section 19 . 5 Clothing and Equipment A. The City shall furnish employees with clothing and equipment required to perform their assigned duties . Quantity of items shall be in accordance with past practice . B. The City will repair damage to clothing or equipment which is due to normal wear and tear in service. Unusual repairs required to be made because of neglect or abuse by the employee shall be paid for by the employee responsible . C. Approved accessories to the uniform, which are optional in nature, shall be provided by the employee according to personal preference . D. Cleaning and laundry of uniforms supplied by the City shall be the responsibility of the employee . E . Officers in the bargaining unit will be allotted: 1 . $400 per year for civilian clothing on a receipt and reimbursement method. 2 . Be provided uniforms by the City. F. When an employee is required to travel for the City by automobile during the workday, the City at its option will either a. ) provide City vehicles for such travel b. ) maintain insurance coverage for work related travel which covers the employees automobile, or c . ) pay for the cost of a rider to the employees insurance coverage (if necessary) to cover such travel . 27 Section 19 6 Compensation for Training The City agrees to compensate pursuant to section 4 .2 any employee for training time which is a result of an employee ' s required attendance at any symposium, seminar, or training school . Section 19 .7 Educational Incentive Plan A. An Education Incentive Program shall be provided for qualified police officers . Effective January 1, 1994 , for those officers who qualify, educational levels will be compensated at the following rate : 1 . AA degree - $ 40 . 00 per month 2 . BA degree - 80 . 00 per month 3 . MA degree - 120 . 00 per month 4 . Ph.D degree - 160 . 00 per month B. Those employees who have attained a "Junior" status at an accredited university or college will receive the same compensation as an employee with an AA degree. In order to qualify for the compensation all of the credits earned must be consolidated with one accredited university or college. It is the employee ' s responsibility to provide proof of qualification. C. Compensation will be provided based upon the highest educational level attained and there shall be no pyramiding of educational degrees . Section 19 . 8 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 28 possibility of unforeseen banking computer system problems that may arise from time to time. Employees who opt to participate in this program do not have a 12 : 00 (noon) guarantee insofar as the banking transfer network system is concerned. It is mutually understood that the City has no control of the timeliness of funds being available once transmitted electronically. However, it is also understood that normal paydays do occur on the 5th and the 20th of each month and that the City will initiate the electronic transfer of employee pay on the 4th and 19th of each month to employee accounts . ARTICLE 20 - INSTmANCE COVERAGE Section 20 .1 Legal Requirements The City shall provide medical coverage of LEOFF employees as required by law. Section 20 .2 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 .3 Dependent Coverage Employees in the bargaining unit have dependent coverage available under the plans offered by the City. Effective January 1, 1995, 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 . 29 Section 20 4 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 January 1, 1995 and included in the Preferred Plan. ) B. Group Health Cooperative (HMO) Section 20 .5 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 . Section 20 .6 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 .7 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 .8 Health Reform Reovener 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 . 30 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. " ARTICLE 22 - TERM OF AGREEMENT This Agreement shall become effective February 1, 1993 , and shall remain in force until December 31, 1995 . Signed this day of 1994, at Kent, Washington. CITY OF KENT KENT POLICE GUILD (LIEUTENANTS AND CAPTAINS) B rV BY im White, Mayor Bruce Weissich, Guild President B Y BY J -'� •' Sue Viseth, Director Human Resources Approved as to form: By Cit Attorney I:\DJH\KENT.L-C 31