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HomeMy WebLinkAboutHR1993-0102 - Original - Kent Police Guild - 1993-1995 Labor Agreement CITY OF KENT and KENT POLICE GUILD 1993 - 1995 LABOR AGREEMENT TABLE OF CONTENTS Page No . 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 - GUILD MEMBERSHIP AND DUES DEDUCTION . . . . . . . . . 2 Section 2 . 1 . Eligibility . . . . . . . . . . . . . . . . . . . 2 Section 2 . 2 . Guild Membership . . . . . . . . . . . . . . . . . 2 Section 2 . 3 . Excluded Employees . . . . . . . . . . . . . . . . 2 Section 2 . 4 . Dues Deduction . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 - EMPLOYMENT PRACTICES . . . . . . . . . . . . . . . . . 4 Section 3 . 1 . Personnel Reduction . . . . . . . . . . . . . . . 4 Section 3 . 2 . Severance Pay/Notice . . . . . . . . . . . . . . . 4 Section 3 . 3 . Establishment of Reinstatement Registers . . . . . 4 Section 3 . 4 . Recalls . . . . . . . . . . . . . . . . . . . . . 5 Section 3 . 5 . Affirmative Action/Nondiscrimination . . . . . . . 5 Section 3 . 6 . Personnel Files . . . . . . . . . . . . . . . . . 5 ARTICLE 4 - HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . 5 Section 4 . 1 . Hours of Work . . . . . . . . . . . . . . . . . . 5 Section 4 . 2 . Overtime . . . . . . 1 6 Section 4 . 3 . Overtime Minimum - Call Back . . . . . . . . . . . 7 Section 4 . 4 . Overtime Pay for Court Appearances . . . . . . . . 7 Section 4 . 5 . Time Off in Lieu of Pay for Overtime . . . . . . 8 Section 4 . 6 . Standby for Duty . . . . . . . . . . . . . . . . . 8 Section 4 . 7 . Assignments . . . . . . . . . . . . . . . . . . . 9 Subsection A. Shift Assignments . . . . . . . . . . . . . . 9 Subsection B . Bid/Assignment Process . . . . . . . . . . . . 9 Subsection C. Bid/Assignment Cycle . . . . . . . . . . . . . 10 Subsection D . Days Off Rotation . . . . . . . . . . . . . . 10 ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES . . . . . . 10 Section 5 . 1 . Notification of Work Rule Changes . . . . . . . . 10 Section 5 . 2 . Modified Work Schedule . . . . . . . . . . . . . . 11 ARTICLE 6 - SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . 11 Section 6 . 1 . Sick Leave Benefits . . . . . . . . . . . . . . . 11 Section 6 . 2 . Sick Leave Accrual . . . . . . . . . . . . . . . . 11 Subsection A. LEOFF I Employees . . . . . . . . . . . . . . 11 Subsection B . LEOFF II Employees . . . . . . . . . . . . . . 11 Section 6 . 3 . LEOFF II Sick Leave Usage . . . . . . . . . . . . 11 Section 6 . 4 . LEOFF II Employees- -On-Duty Injury Leave Provision 12 Section 6 . 5 . LEOFF I Employees Leave to Care for Sick Dependents . . . . . . . . . . . . . . . . . . . 12 Section 6 . 6 . Sick Leave Incentive/Buy-Out Program . . . . . . . 12 Section 6 . 7 . Light Duty . . . . . . . . . . . . . . . . . . . . 12 i ARTICLE 7 - HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . 13 Section 7 . 1 . Holidays Observed . . . . . . . . . . . . . . . . 13 Section 7 . 2 . Holiday Compensation . . . . . . . . . . . . . . . 14 ARTICLE 8 - EDUCATION ALLOWANCE . . . . . . . . . . . . . . . . . . 15 Section 8 . 1 . General Policy . . . . . . . . . . . . . . . . . . 15 Section 8 . 2 . Officers - Policy . . . . . . . . . . . . . . . . 15 Section 8 . 3 . Class Attendance . . . . . . . . . . . . . . . . . 16 Section 8 . 4 . Reimbursement for Training . . . . . . . . . . . . 16 ARTICLE 9 - ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . 16 Section 9 . 1 . Annual Leave . . . . . . . . . . . . . . . . . . . 16 Section 9 . 2 . Scheduling Annual Leave . . . . . . . . . . . . . 17 Section 9 . 3 . Seniority Rights . . . . . . . . . . . . . . . . . 17 Section 9 . 4 . Maximum Accrual . . . . . . . . . . . . . . . . . 17 ARTICLE 10 - PENSIONS . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 11 - BEREAVEMENT . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 12 - CITY SUPPLIED EQUIPMENT . . . . . . . . . . . . . . . 18 ARTICLE 13 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 14 - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . 18 ARTICLE 15 - MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . 19 ARTICLE 16 - PERFORMANCE OF DUTY . . . . . . . . . . . . . . . . . 19 Section 16 . 1 . Non-Strike Provisions . . . . . . . . . . . . . . 19 Section 16 . 2 . Performance of Duty . . . . . . . . . . . . . . . 20 ARTICLE 17 - CONFERENCE BOARD/COMMUNICATIONS . . . . . . . . . . . 20 Section 17 . 1 . Conference Board . . . . 20 Section 17 . 2 . Communications with the City Administrator . . . 20 ARTICLE 18 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . 21 Section 18 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 18 . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 18 . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 18 . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 18 . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 18 . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 18 . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 18 . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 18 . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE 19 - POLICE OFFICERS' BILL OF RIGHTS . . . . . . . . . . . 24 Section 19 . 1 . Bill of Rights . . . . . . . . . . . . . . . . . 24 ii ARTICLE 20 - COMPENSATION . . . . . . . . . . . . 27 Section 20 . 1 . Salaries . . . . . . . . . . . . . . . 27 Section 20 . 2 . Salary Plan . . . . . . . . . . . . . . . 27 Section 20 . 3 . Premium Pay . . . . . . . . . . . . . . . 27 Section 20 .4 . Working out of Classification . . . . . . . . . . 28 Increases Section 20 . 5 . Longevity Pay . . . • . . . . 28 Section 20 . 6 . Effective Date of Compensation . . . . 28 Section 20 . 7 . Clothing and Equipment . . . . . . . . . . . . . 28 Section 20 . 8 . Compensation for Training . . . . . . . . . . . . 29 Section 20 . 9 . Educational Incentive Plan . . . . . . . . . . . 29 Section 20 . 10 . Timely Compensation . . . . . . . . . 30 ARTICLE 21 - INSURANCE COVERAGE . . . . . . . . . . . . . . . . . 30 Section 21 . 1 . Legal Requirements . . . . . . . . . . . . . . . 30 Section 21 . 2 . Employee Coverage . . . . . . . . 30 Section 21 . 3 . Dependent Coverage . . . . . . . . . . . . . . . 30 Section 21 . 4 . Plans Offered . . . . . . . . . . . . . . . . . . 31 Section 21 . 5 . Employee Responsibilities . . . . . . . . . . . . 31 Section 21 . 6 . Life Insurance . . . . . . . . . . . . . . . . . 31 Section 21 . 7 . Forms Handling Insurance . . . . . . . . . . . . 31 Section 21 . 8 . Health Reform Reopener . . . . . . . . . . . . . 31 ARTICLE 22 - SMOKE FREE WORK PLACE . . . . . . . . . . . . . 31 ARTICLE 23 - TERM OF AGREEMENT . . . . . . . . . . . . 32 iii PREAMBLE This 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 in the bargaining unit . Section 1 .2 . 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 four (4 ) 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 . 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 - 1 - 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 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 . 1.4 .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 18 , 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 areas specifically addressed by the City of Kent Civil Service rules and regulations . B . Article 4 . 1 (E) - As it relates to the needs of the department to train and evaluate the probationer . C . Those exceptions specifically identified within the agreement . ARTICLE 2 - GUILD 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 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 Police Chief and all other officers above the rank of Sergeant, confidential employees and all other noncommissioned employees of the City shall be excluded from the bargaining unit . - 2 - 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) 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 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. 3 - 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 last 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 . Section 3 .2 . Severance Pay/Notice A. All non-probationary employees shall in event of 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 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 years from the date of layoff or reduction. B . Refusal to accept regular full-time work with the Kent Police Department from a reinstatement register shall terminate all rights granted under this rule, provided the work is in the same classification from which the employee was laid off . C . Order of Reinstatement - If a vacancy is to be filled from the reinstatement register, recall shall be made on t:^e basis of length of service . The regular employee on such register who has the most service credit shall be first reinstated except in - 4 - 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 reduction in force and within the next two years the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the relative salary range which he/she occupied at the time of the original reduction. Section 3 .5 . 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 Department and/or Personnel Director . 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 third parties subject to the approval of both the City and employee ; provided, that nothing in this section shall prevent an employee from viewing his 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, Captain, or Lieutenant of the Police Department . B . Duplication of Documents - Materials, documents , or records will not be removed from the employee' s files by the employee . Any request by the employee for duplication of materials in their folder will be done by the police administration. ARTICLE 4 - HOURS OF WORK AND OVERTIME Section 4 .1 . Hours of Work The normal working hours for employees covered by this Agreement shall not exceed 40 hours per week and the work week will commence at 12 : 00 a.m. Sunday and end at 11 : 59 p .m. on Saturday. - 5 - A. The normal work week for officers in the patrol division, traffic, canine, crime prevention and other uniformed assignments, except for modifications that may be made through the provisions of this Agreement, shall be four (4) consecutive days worked, followed by three (3) consecutive days off . B . Employees of the bargaining unit will be allowed to bid for shift assignments and days off . The bidding process shall be in accordance with Section 4 . 7 . C . The normal work week for officers working as detectives , pro- act , research and development , training officer, school liaison or new assignments or positions that may work closely with the police department administration may be either a five (5) and two (2) or four (4) and three (3) schedule (2080 hours) based upon the needs of the public and/or the department with Saturday and Sunday off, provided however, in the event it becomes necessary to expand the number of days in service, the normal work week may be set at five (5) or four (4) consecutive days exclusive of Sunday. 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 . D. The normal 4-3 work shift shall consist of ten (10) continuous hours inclusive of lunch periods . E . In the event the Police Administration changes an employee' s normal work schedule, the Administration agrees to provide fourteen (14) calendar days notice prior to the effective date of the change , except for emergency situations as determined by the Administration which make it impractical to give such notice . This provision does not apply to probationary employees . F . The Mayor may declare the closure or partial closure of City facilities or operations in the case of emergencies or for safety reasons . Members of the bargaining unit will continue to maintain their normal work schedule unless specifically released from duty. Members of the bargaining unit who work their normal schedule during such declarations will not receive additional monetary compensation or time off . Section 4 . 2 . Overtime A. Detectives on a 5-2 or 4-3 week shall be paid at the rate of time and one-half for all hours worked in excess of forty (40) in one consecutive seven day week. - 6 - B . PRO-ACT Officer on a 5-2 or 4-3 week shall be paid at the rate of time and one-half for all hours worked in excess of forty (40) in one consecutive seven day week, inclusive of lunch periods . Pre-authorized overtime shall be provided for all hours in excess of the regular shift . C. Patrol officers on a 4-3 week shall be paid at the rate of time and one-half for all hours worked in excess of ten (10) hours per shift, inclusive of lunch period and for all hours on a furlough day. D. In all cases overtime will be rounded to the nearest one- quarter (1/4) hour. Section 4 .3 . Overtime Minimum - Call Back A. 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 . Travel time shall be compensable on "call backs" and includes time spent to and from the employee' s residence . Section 4 .4 . Overtime Pay for Court Appearances In the event that court appearances are required, the City shall attempt, wherever possible, to schedule such appearances during an employee' s regular duty shift , rather than on furlough days . Such appearances outside of the regular duty schedule shall be compensated for as follows : 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 am 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 officer' s regular duty shift shall be treated as regular overtime and shall not be subject to the provisions of (A) and (B) above . - 7 - 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 . 5 . 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 60 hours of time off . All hours above 60 must be paid unless special approval is received from the Chief and Personnel Director. C. Such time off shall be earned at the rate of 1-1/2 hours for each hour of overtime earned. D. 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 buy-out" 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. 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 . Section 4 . 6 . Standby for Duty A. The City and Guild agree that the use of standby time shall be minimized consistent with sound law enforcement practices and maintenance of public safety. Standby assignments shall be for a fixed, predetermined period of time not to exceed a regular shift, unless the public safety is considered endangered, and then shall extend as long as it is deemed necessary by the Police administration . - 8 - B . Employees formally placed on standby status shall be compensated on a basis of one (1) hour at the regular straight time rate for every two (2) hours or portion thereof of standby time . If an employee is in fact called back to work, overtime provision will take effect upon reporting for duty. Section 4 .7 . Assignments A. Shift Assignments (1) Shift assignments for Patrol Officers and Sergeants shall be determined by a bid system based on tenure in those positions with Kent Police Department . (2) Patrol Officers' tenure shall be determined from the date of hire with Kent Police department for that time that the officer is a commissioned Patrol Officer with Kent Police Department . Tenure for the Sergeant shall be determined by the time in grade as a regularly appointed Sergeant at the Kent Police Department . During the initial probationary period of employment, Patrol Officers are not eligible to bid for shift assignments . (3 ) Bids and assignments shall be made every six (6) months . The cycle for bids/assignments shall be implemented on the first Sunday of February, effective with the commencement of the day shift , and the first Sunday in August, effective with the commencement of the day shift . All assignments shall remain in effect until the next bid cycle unless it should be determined by the City that the Patrol Officer or Sergeant shall be reassigned to a non-bid system assignment or position during that period of time . (4) The first bid system shall give priority to the most senior personnel for his or her shift assignment preference . On the fourth bid assignment cycle after February 1, 1989, the priority for shift assignment preference shall be reversed so that the last senior personnel shall receive priority for shift assignment preference . Thereafter, at the end of every fourth cycle, the personnel receiving priority shall alternate between the most senior and least senior . (5) The bid process shall occur as scheduled, regardless of any absence of a Patrol Officer or Sergeant from the Police Department . If the individual is unable to report to work by the first Sunday in February or the first Sunday in August, the individual cannot participate in the bidding process for that work cycle . B . Bid/Assignment Process . The following provisions shall control the process of bidding and assignment in accordance with the above guidelines : 9 - (1) Shift preference bids shall be delivered to the division commander, or his or her designee, during the established bid/assignment cycle . (2) No early or late shift preference bids shall be accepted. (3) Vacant assignments that occur after the bid deadline shall be filled by Patrol Officers or Sergeants as applicable, that are reassigned after the assignment deadline to the patrol Division of the Police Department . Those assignments shall continue until the next designated period for bidding. (4) The Employer reserves the right to bar individuals from bidding where required by business necessity. C. Bid/Assicr=ent Cycle . The following is the process for the submission of bids and the assignment of shifts : (1) Each Sergeant shall submit his or her shift preference bid no earlier than the third Wednesday nor later than the fourth Wednesday of October or earlier than the third tuesday or later than the fourth Tuesday in April , as applicable . All such bids must be received by the division commander or his designee no later than 5 p .m. on the applicable date . The assignments shall be posted no later than five (5) calendar days after the submission deadline . (2) Each Patrol Officer shall submit his or her shift preference bid no earlier than the first Wednesday nor later than the second Wednesday in May, as applicable . All such bids must be received by the divisions commander or his or her designee no later that 5 p .m. on the applicable date . The assignments shall be posted no later than fifteen (15) calendar days after the submission deadline . D. Days Off Rotation. The rotation for days off shall occur on the Sunday beginning every sixth (6th) , thirteenth (13th) , twentieth (20th) and twenty-sixth (26th) week of the cycle and starting with the day shift . This shall take effect on the first Sunday in February 1995 . ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES Section 5 .1 . Notification of Work Rule Chancres 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 - 10 - exercising its management responsibilities , provided, however, that when changes in procedure or department operating would cause a reduction in force or layoff or any employee , such proposed change, including the effective date shall be provided in writing to the Guild in advance of making the proposed change . Section 5 .2 . Modified Work Schedule 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 employees of the Kent Police Department shall not be required to submit sick leave approval requests to the LEOFF Board for absences due to illness that do not extend beyond three (3 ) consecutive working days . Approval for up to and including three (3 ) days sick leave for any one occurrence shall be the responsibility of the Chief of Police or designee . Section 6 .2 . Sick Leave Accrual A. LEOFF I Employees Officers hired by the City prior to 10/01/77 , or otherwise qualify for the benefits of LEOFF I under the RCW, will not accrue sick leave . These officers will have up to six (6) months for any single illness or injury as approved by the LEOFF Board. B . LEOFF II Employees Officers hired by the City on or after 10/01/77 shall accrue sick leave at the rate of ten (10) hours per month. However, their sick leave account shall be credited with 30 additional hours on January 1 of each year . Employees hired after January 1 or any calendar year shall receive the additional hours on a prorated basis . However, under no condition will an employee' s accrual exceed 1 , 190 hours . (See Section 6 . 6 . ) Section 6 .3 . LEOFF II Sick Leave Usage A. All LEOFF II employees shall be entitled to use sick leave for personal illness in accordance with current City Policy. - 11 - 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 with a health condition that requires treatment or supervision as provided for under RCW 49 . 12 . 270 . Section 6 .4 . LEOFF II Employees--On-Duty Injury Leave Provision Employees injured while on-duty must apply for "Worker' s Compensation Benefits" for disability periods described in City Policy. Questions of policy clarification or interpretation should be referred to the Human Resources Director in writing. Employees injured on-duty and qualified for "Worker' s Compensation " shall have their salary at the time of injury maintained for a period not to exceed six (6) months . This shall be accomplished through a combination of "Worker' s Compensation" time loss payments and the balance supplemented by the City. During such disability, the City shall continue to contribute towards the employees' and dependents' medical and life insurance program at their pre-disability levels . Further, the employee shall continue to accrue annual leave and sick leave benefits while disabled for the period not to exceed six (6) months . Section 6 . 5 . LEOFF I Employees Leave to Care for Sick Dependents Paid leave will be granted to any LEOFF I employee required to care for or attend to an immediate family member who is sick or temporarily incapacitated and requires the assistance of the employee . Such leave is not cumulative and shall not exceed six (6) shifts per calendar year . Employees who require leave time in excess of six (6) shifts per year shall be required to take comp time, annual leave, or leave without pay for the excess time required. Administration and approval of the above shall be consistent with the provisions in the City of Kent Police Manual . Section 6 . 6 . Sick Leave Incentive/Buy-Out Program Employees whose sick leave accrual exceeds 1 , 040 hours on 12/31 of each year shall be compensated for all hours in excess of 1, 040 hours . Compensation shall be made no later than January 20 of the following year and shall be at the employee' s hourly rate in effect at the time the compensation is made . Section 6 .7 . Light Duty In the event an employee becomes sick or disabled the employer may allow the LEOFF II member to return to work in a light duty status . 1 . A light duty status job may be assigned so as to permit the employee to continue working within the Department in a duty capacity that the - 12 - employee is physically capable of performing in accordance with the conditions set forth by the employee' s physician while continuing to be paid at the employee' s normal rate of salary. 2 . Such assignment is contingent upon the medical prognosis of full physical recovery from the employee' s disability within a reasonable period of time . 3 . The maximum time that will be allowed for assignment to light-duty status is sixty (60) days ; provided that upon request of the employee and approval of the employer, the sixty (60) day period may be extended to but in no case exceed a total period of six (6) months . Consideration of the extension shall be based upon the medical prognosis of the employee being able to return to full employment in a reasonable period of time thereafter in accordance with the advice of a physician retained by the employer . 4 . A request for light duty status will be submitted in writing by the employee to the employer or from the employer to the employee . 5 . Determination of an employee' s disability from performing full duty, ability to perform on light duty status and ability to return to full duty will all be made upon examination and advice of a physician retained by the employer. 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. - 13 - Section 7 2 Holiday Compensation A. Members of the bargaining unit shall be entitled to a combination of 110 hours of time off with pay and compensation in lieu of time off during each year, as provided in Section 7 . 2 .B and 7 . 2 .D. 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 the purchased holidays, will have the option of receiving this pay on an annual basis and such pay shall be included with the annual "holiday buy-out" 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; except those officers required to work Thanksgiving or Christmas shall be compensated at the rate of two times the regular base pay for all regular hours worked. D. Bargaining unit employees who are required to work on one of the non-purchased holidays (7 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 (7 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 - 14 - twenty-four (24) hours 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 employees required to work Christmas Eve . ARTICLE 8 - EDUCATION ALLOWANCE Section 8 . 1. General Policy The City recognizes the need to encourage and promote education opportunities for employees, subject to budgetary limitations . The City will reimburse personnel for costs incurred in receiving approved training upon satisfactory completion of such training. Eligible costs include : A. Tuition B . Books C. Fees associated with training If an officer is attending an accredited State institution, the officer shall be reimbursed based upon that institution' s tuition schedule . If an officer is attending a non-State supported institution, the officer shall be reimbursed on the basis of the University of Washington tuition schedule . Section 8 .2 . Officers - Policy The City shall reimburse an officer for actual cost of books, tuition, and course fees while attending approved courses . Approval to attend reimbursed training shall be requested by June 1 , of each year, for the next calendar year. Approval should include : A. Course list B . Reason for taking the course C. Approximate cost The Chief will then review and approve the total training requests and include the cost in the budget . Once the budget is set, very few, if any changes can be made . Interim changes will be considered by the Chief and acted on only if budget is available . Commissioned officers who are working in the AA Degree Police Science Program will be reimbursed for costs of courses in that degree program provided: A. The program/school is approved by the Chief . B . The employee submits his training plan to the Chief for inclusion in the budget . 15 - 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. ARTICLE 9 - ANNUAL LEAVE Section 9 .1 . Annual Leave Members of the bargaining unit shall receive annual leave benefits as follows : COMPLETION OF: ANNUAL VACATION HOURS : EFFECTIVE 1/95 : 1-4 years 96 hours 96 hours 5-9 years 120 hours 120 hours 10-12 " 136 hours 144 hours 13-16 " 144 hours 152 hours 17-19 152 hours 168 hours 20 years and thereafter 160 hours 176 hours - 16 - 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 31st of the affected year. Requests submitted after January 31st will be recognized by date and not subject to seniority. Requests submitted prior to January ist will be superseded by those requests which are submitted between January 1st and January 31st . B . Annual leave scheduling for personnel shall not be contingent upon leave scheduling for civilian personnel not affected thereby. 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 . 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 applicable Washington State Statute . - 17 - ARTICLE 11 - BEREAVEMENT 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 . 00 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 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, each voluntarily and without qualification agrees 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 agreemen- . - 18 - 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 and are management responsibilities of the City. Unless specifically modified by sections in this Agreement, management retains the exclusive right to : A. Determine the management organization, the selection, retention, and promotion for occupations not within the scope of this Agreement . B . Direct employees of the City in the performance of their official duties . C . To hire, evaluate, promote, transfer, assign, and retain employees in positions in the City, and to suspend, demote, discharge, or take other disciplinary action against such employees for just cause . D. To determine the methods, means, and personnel by which departmental operations are to be conducted. E . To prescribe uniform dress to be worn by certain officers or employees . F . To take whatever actions may be necessary to carry out police functions in emergency situations . G. To determine the necessity of overtime and the amount thereof . H. To maintain efficiency of government operations entrusted to management . I . To determine and administer policy. The above listing of specific management rights is not intended nor shall be considered restrictive of, or as a waiver of any rights of the City not listed herein. Such inherent 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 the 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 - 19 - 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 . Section 16 .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, ordinance of the City of Kent, and Civil Service rules and regulations and operating policies of the department . ARTICLE 17 - CONFERENCE BOARD/COMMUNICATIONS Section 17 .1 . Conference Board There shall be a department conference board consisting of two (2) members named by the Guild and two (2) officers of the department named by the Chief . The Chief of the department , or a representative, shall sit as one of the two (2) officers to the maximum extent practical , but any of the four (4) 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 18 , except to the extent that such discussion may be useful in suggesting improved department policies . Either the Guild representative 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 . Section 17 .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 - 20 - 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 the Guild President 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 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 18 - GRIEVANCE PROCEDURE Section 18 .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 18 . 2 . Every effort will be made to settled 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 18 .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 18 .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 Employer 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 Employer to reply at the previous step . - 21 - Section 18 . 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 be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth herein. Section 18 . 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 Division head 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 Sections 18 . 2 or 18 . 5, the grievance shall be reduced to written form which shall include the same information specified in Step 3 above . The grievance shall be forwarded within ten (10) working days after receipt of the Step 1 answer or if the grievance was initially submitted at Step 2 it shall be submitted within ten (10) working days of the alleged contract violation. 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 - 22 - 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 either Step 4 or 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 Section 18 .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 tc the arbitrator . - 23 - 5 . Any arbitrator selected under Step 4 of this Article shall function pursuant to the rules and regulations of the Federal Mediation and Conciliation Services unless stipulated otherwise in writing by the parties to this Agreement . Section 18 . 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 those procedures shall be made within thirty (30) calendar days of the filing of the grievance or the commencement of the Civil Service hearing, whichever comes first . The Employer shall endeavor to accommodate the work schedule of employees who are the subject of a Civil Service hearing or grievance arbitration, provided that the Employer is not required to alter the schedule of any employee to make this accommodation. Section 18 . 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 ten (10) working days or less prior to the initial filing of the grievance . ARTICLE 19 - 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 19 . 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 - 24 - 3 . Not be 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. 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 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 - 25 - 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. 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 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 - 26 - 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 . ARTICLE 20 - COMPENSATION Section 20 .1 . Salaries POLICE SALARIES Police Step Req. Months in Classes 3 1 93 7 1 93 1 1 94 1 1 95 7 1 95 Each Step Probation $2 , 648 $2 , 727 $2 , 809 $2 , 907 $2 , 922 6 mo . Patrol 4 2 , 862 2 , 948 3 , 036 3 , 142 3 , 158 12 mo . Patrol 3 3 , 041 3 , 132 3 , 226 3 , 339 3 , 356 12 mo . Patrol 2 3 , 236 3 , 333 3 , 433 3 , 553 3 , 571 12 mo . Patrol 1 3 , 449 3 , 552 3 , 659 3 , 787 3 , 806 Sergeant 3 , 852 3 , 968 4 , 087 4 , 230 4 , 251 Section 20 .2 . Salary Plan The above salary plan requires that any officer in the Department must satisfactorily serve forty-two (42) consecutive months on the Kent Police Department in order to reach the top step in the pay plan. Changes in grade will be made on the completion of each cumulative service period completed (i . e . , after 6 months, after 18 months, after 30 months, after 42 months) . The only exceptions shall be those provided by Civil Service, wherein education or prior police experience or training allow employees to be hired at grades higher than probationary. Section 20 . 3 . Premium Pay A. Premium pay of 3 . 5 percent of base pay per month in addition to regular pay shall be granted to officers who are assigned to the Detective Unit, Pro-Act, Crime Prevention, Research and Development, training officer, traffic officer, ERT members and canine unit of the Kent Police Department . B . Premium pay of 6 percent (effective March 1, 1993) of base pay per month in addition to regular pay shall be granted to - 27 - employees while they are actively functioning as field training officers in the patrol division of the Kent Police Department . C. It is understood that there will be no pyramiding of premium pay and that an officer can only receive premium pay for one assignment at a time . Section 20 .4 . Working out of Classification A. Any employee who is assigned to perform duties of a higher paying classification for periods of one full shift or more, shall be paid at the rate of the higher classification. Provided, however, the employee will only be paid the higher rate if the temporary assignment equals or exceeds two hours . B . Only temporary assignments to the position of Sergeant and above shall be considered for "working out of classification" pay. C. Police administration must make formal acting assignments before provisions of this section apply, naming person placed in temporary classifications, temporary rank, and length of time employee will be working out of his regular classification. Appointments to the rank of acting Sergeant shall be made whenever a regular Sergeant is absent form his or her shift , provided the shift commander does not assume the Sergeant ' s responsibilities, or assigns those duties to the overlapping Sergeant . Section 20 . 5 . Longevity Pay Longevity pay shall be applied to the base salary rates, on a monthly basis, for employees who have completed the following continuous service requirements : 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 20 . 6 . 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 20 .7 . 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 . - 28 - 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 who are normally assigned to the Detective Unit , Crime Prevention, Training, and Research or other assignment when civilian clothing is appropriate will be allotted: 1 . $400 per year for civilian clothing. 2 . Be provided uniforms by the City. Section 20 . 8 . Compensation for Training A. The employee agrees to waive any overtime compensation due him/her as a result of attending the Washington State Law Enforcement School commonly referred to as "Basic academy, " unless otherwise provided for under F .L. S .A. B . While attending "basic school , " the employee shall be relieved of all police-related duties , provided that if an employee is required by the City to perform police duties in addition to attending "basic school, " the employee shall be compensated pursuant to Section 4 . 2 . C. 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 20 . 9 . 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 - 29 - 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 20 . 10 . Timely Compensation Employees will receive their payroll checks by 12 : 00 noon on the designated payday. Concerning employees who wish to participate in the direct deposit option offered by the City for automatic deposit of paychecks to the banking institution of the Employee' s choice, it is agreed that the timeliness of having funds available by 12 : 00 (noon) of any given payday can no longer be guaranteed by the City due to the possibility of unforeseen banking computer system problems that may arise from time to time . Employees who opt to participate in this program do not have a 12 : 00 (noon) guarantee insofar as the banking transfer network system is concerned. It is mutually understood that the City has no control of the timeliness of funds being available once transmitted electronically. However, it is also understood that normal paydays do occur on the 5th and the 20th of each month and that the City will initiate the electronic transfer of employee pay on the 4th and 19th of each month to employee accounts . ARTICLE 21 - INSURANCE COVERAGE Section 21 .1 . Legal Requirements The City shall provide medical coverage of LEOFF employees as required by law. Section 21.2 . 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 21 . 3 . Dependent Coverage Employees in the bargaining unit have dependent coverage available under the plans offered by the City. The employee shall pay the following monthly premiums depending upon the coverage and plan elected: Traditional Preferred Group Health Employee/Spouse $ 58/mo. Employee/Spouse $15/mo. Employee Spouse $ 34/mo. Employee/Children 46/mo. Employee/Children 10/mo. Employee/Children 21/mo. Employee/Family 115/mo. Employee Family 25/mo. Employee/Family 80/mo. - 30 - Section 21.4 . 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 by the first day of the month following the signing of the contract . ) B . Group Health Cooperative (HMO) Section 21 . 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 21 . 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 21 .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 21. 8 . 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 without the mutual consent of the parties . ARTICLE 22 - SMOKE FREE WORK PLACE The Guild and the City agree that in order to create a health work environment, to protect the public and reduce overall risk, the members of the bargaining unit agree to comply with the City policy concerning "Smoking" . - 31 - ARTICLE 23 - TERM OF AGREEMENT This Agreement shall become effective March 1, 1993 , and shall remain in force until December 31, 1995 . "7 1994 , at Kent , Washington. Signed this day of ZC CITY OF KENT KENT POLICE GUILD B / , By 1N Y Ji / bite, Mayor Bruce Weissich, Guild President S, ByAeViseth ByS WaAneHA�pl Human Resources Director Negotiations Team Member Approved as to form: BY 4 Paul Peter Ci rney Negotiations Team Member Att A:\P093C0N.WPF - 32 -