Loading...
HomeMy WebLinkAboutHR1993-0102 - Other - Kent Police Guild - Settlement Agreement - 11/16/1993 SETTLEMENT AGREEMENT This Settlement Agreement ( "Agreement" ) is made as of the date set forth below by and among the KENT POLICE GUILD ( "Guild" ) and the CITY OF KENT ( "City" ) . RECITALS 1. On April 30, 1992, the Guild, through its predecessor in interest, filed a complaint for declaratory judgment and injunctive relief in King County Superior Court under cause number 92-2-09949-7 . 2 . The facts set forth in the complaint for declaratory judgment and injunctive relief allege that the City committed an unfair labor practice when it unilaterally hired part-time police clerks and corrections officers to work within the police department in violation of current collective bargaining agreements . 3. On September 15, 1992, the Guild filed and served notice on the City of its intent to amend its pleadings at the time of trial to add the use of volunteers within the police department as the same issue as the use of part-time police clerks and corrections officers . 4 . Discovery has been completed by the parties and the matter is set for trial on December 7, 1993 . 5. In order to resolve all the issues set forth in the complaint for declaratory judgment and injunctive relief and the use of volunteers within the police department without the further and unnecessary expense of the approaching trial, the parties agree as set forth in this Agreement. AGREEMENT The parties agree as follows: Part-time Employees Generally 1. The City will not hire any more part-time employees to work within the police department nor replace those employees identified in this Agreement without a written agreement with the Guild through the normal good faith collective bargaining process . SETTLEMENT AGREEMENT - 1 Part-time Corrections Officers 2 . The City will terminate the current part-time corrections officer now employed at the corrections facility no later than six months from the date the new full-time position in the 1994 budget is filled. 3 . In the interim period of time, the part-time corrections officer now employed at the corrections facility shall not be used until the City has offered the part-time corrections officer's projected shift or hours of work to all of the full- time corrections officers as an overtime shift/hours, and all of the full-time corrections officers have declined to accept that shift or hours . Part-time Police Clerks 4 . The parties agree to the continued use of currently employed part-time police clerks Carol O'Conner and Ellen Bradley as set forth in paragraphs 5, 6 and 7 . 5 . The parties agree that in the case of Carol O'Conner and her special duties of data imaging outside the normal function of the full-time police clerks, such function is not restricted as outlined in paragraph 7 . 6 . The parties agree that in the case of Ellen Bradley, her hours of work during any one calendar week shall not exceed twenty hours . 7 . With the exception of Carol O'Conner as to her special duties as set forth in paragraph 5 above, and until such time as Carol O'Conner and Ellen Bradley terminate their employment with the City and during that interim period of time, they shall not be used until the City has offered their projected shift or hours of work to all of the full-time police clerks as an overtime shift/hours, and all of the full-time police clerks have declined to accept that shift or hours. Volunteers 8. The parties agree that the use of volunteers in areas that affect the wages, hours and working conditions of the Guild's membership would be the subject of mandatory collective bargaining. Without attempting to identify those areas in this Agreement that affect wages, hours and working conditions, in the interim period of time, and subject to future good faith collective bargaining on the subject, the use of volunteers for all areas as currently utilized including but not limited to visitation, social programs and religious purposes at the corrections facility may continue at their current level. Additionally, the use of a volunteer at the training center for filing, the use of a volunteer for pawn shop data entry, the use of a volunteer for crime prevention and the use of a volunteer for public fingerprinting may continue at their current levels. SETTLEMENT AGREEMENT - 2 Notwithstanding the preceding sentence, with respect to the use of a volunteer for public fingerprinting, the City must offer that function to the full time police clerks on an overtime basis in the same manner and under the same terms as outlined and identified in paragraph 7 above. 9 . The City will not use any volunteers to work within the police department that affect the wages, hours and working conditions, other than those areas and uses identified in paragraph 8, without a written agreement with the Guild through the normal good faith collective bargaining process . 10 . By agreeing to the continued use of volunteers and part-time employees within the police department outlined in this Agreement, the Guild does not waive any right it now has or may later have to object to such continued or extended use of such volunteers and part-time employees during future collective bargaining. The parties agree that such continued use of volunteers and part-time employees within the police department as discussed in this Agreement, shall not be construed as a "past practice" . The parties further agree that neither party makes any admissions by the execution of this Agreement. Other 11. The parties understand and agree that any violation of this Agreement prior to a full resolution of these issues through the collective bargaining process may affect the wages, hours and working conditions of Guild members . To that end, the parties agree that such violation(s) could lead to multiple litigation and a multiplicity of suits. Further, there is no adequate remedy at law available to protect the Guild membership from any violation(s) and as such, this Agreement may be enforced through specific performance in the King County Superior Court to the extent its terms have not been modified by subsequent collective bargaining. 12 . The prevailing party for any action brought as a result of a violation of this Agreement as discussed in paragraph 11 shall be entitled to its costs and reasonable attorneys fees for having to bring or defend such action. 13. Execution of this Agreement by the parties shall authorize their respective attorney(s) to dismiss the current law suit with prejudice without further cost to either party. 14 . This Agreement shall inure to the benefit of, and shall be binding on any subsequent party in interest and/or its membership or constituency. 15. This Agreement is subject to Kent City Council approval. SETTLEMENT AGREEMENT - 3 Each of the parties has executed this Agreement as of November 16, 1993 . Bruce Weissich, President Kent Police Guild Ed Cr wford, C ief of Police City of Kent Mayor nDT rn i of I nt Approved as to form: Roge Lubovich Kent City Attorney Stuart Pereira Koch Attorney for the Guild SETTLEMENT AGREEMENT - 4 eov KENT POLICE GUILD November 18, 1993 Mr. Don Olson Director, Human Resources City of Kent 220 4th Avenue South Kent, WA 98032 Ref: "Side-Letter Agreement" Regarding Holidays Dear Mr. Olson, As requested, the Kent Police Guild has conducted a ratifica- tion vote for all four units of the Guild (Commissioned Officers, Corrections, Support Staff, and Captains & Lieutenants) with regards to contract language covering HOLIDAYS. The vote of the membership in all four units was to accept the language which had already been tentatively agreed to (on 09-29-92) by both the City and the Guild in negotiations for the commissioned officers. The language that has been agreed to is as follows: 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. 1609 S. CENTRAL AVENUE,SUITE P . KENT,WASHINGTON 98032 . TELEPHONE(206)859-3777 PAGE 2/11-18-93 "SIDE-LETTER" FOR HOLIDAYS If you are in agreement with this side-letter, please sign and return one copy as soon as practicable. Si erely, Bruce A. Weissich President, Kent Police Guild Agreed: Donald E. son, Jr. Director, Human Resources ADDENDUM TO NOVEMBER 1993 SETTLEMENT AGREEMENT BY AND BETWEEN THE KENT POLICE GUILD AND THE CITY OF KENT The Kent Police Guild is entering into this agreement with the City of Kent to clarify the use of volunteers. This agreement will serve as an addendum to the November 1993 Settlement Agreement. The intent is to incorporate this agreement into the normal collective bargaining process now underway. The purpose of this addendum prior to the completion of the normal collective bargaining process is to address the following issues in a timely manner due to the implementation of the Meridian Annexation and the National Accreditation of the Kent Police Department. The Guild agrees with the City to allow volunteers in the following four areas. 1. VOLUNTEER FINGERPRINTING - The Guild and the city agree to modify the November 1993 settlement agreement to allow volunteers to perform fingerprinting duties for one continuous ten-hour shift per week. The volunteer pool will consist of enough people to ensure a continuous reliable pool of workers. Future legislative requirements or the impact of future annexation may require an addition to the number of hour per week required to provide fingerprinting services to the citizens of Kent. The City will notify the guild of any intent due to those factors to revise the ten hours per week stated in this addendum. Scheduling and supervision of fingerprinting volunteers will be the responsibility of the Records Manager. On an as needed basis, portions of the supervision may be assigned to another member of the Records Unit. For easy identification to staff and the public, fingerprinting volunteers while working at the police station, will wear a name tag and a uniform vest provided by the department. The volunteers will receive appropriate training to insure that volunteers can meet the appropriate standards regarding usable and unusable fingerprints, and if the volunteers cannot consistently provide usable prints, they will no longer act in that capacity. c:\users\doc\voludrft.use 2 . RADAR TRAILER - The City and Guild agree to allow a pool of volunteers to operate the police department' s radar trailer within the City of Kent. The number of volunteers will be determined by the amount of time an locations needed to operate the program. A. Supervision of the volunteers for the Radar Trailer will be the responsibility of the Traffic Sgt. B. The volunteer will work identified areas and times, as designated by supervisory authority. Volunteers will have no enforcement authority. C. Prior to performing functions with the radar trailer, volunteers will attend training provided by the department. This training will include, but not be limited to: A. Proper towing and setup of the radar trailer. B. Operating of the radar trailer equipment. C. Proper use and restrictions of the use of the police radio. D. Traffic control techniques and basic first aid. E. Procedures used when happening on traffic accidents or other emergency situations. 3 . LAKE MERIDIAN BOAT PATROL - The Meridian Boat Patrol Program will be operated by the police department. Residents of Lake Meridian will be asked to be part of a volunteer program to assist the boat patrol program. That may include meetings, suggestions, comments, and volunteers who may wish to ride with duty officers while performing boat patrol duties. In order to be a boat patrol volunteer, volunteers will be required to receive appropriate training and be willing to accept different scheduling hours. Volunteers will not be given enforcement powers and will not patrol alone. c:\users\doc\voludrft.use 4 . EXPLORERS - The Kent Police Department and the Kent Police Guild agree to establish an explorer post for youth between the ages of 15 and 19 who have an interest in Law Enforcement. The post will consist of between 15 and 20 explorers. Explorer advisors will be selected from volunteer members who are eligible from various city departments . A. Department policy will be drafted prior to December 1995 . This policy will set the guidelines for explorer post operation and explorer/officer relations. B. No employee of the department will be required to work with an explorer. Prior to assignment of an explorer to a represented employee, the employee must agree to work with the explorer. When an explorer is assigned to a particular employee, the employee will establish the guidelines under which the explorer will work during the particular assignment. C. When participating on police ride-a-longs, officers will determine the level of involvement of the police explorer. The duty supervisor may place additional restrictions on that level of involvement of the police explorer on specific incidents. D. Explorers will not be used to direct traffic alone, but can work in conjunction with officers. E. The City of Kent carries at least $1, 000, 000 Occurrence Liability Insurance to protect Explorers while performing volunteer services for the City of Kent. The City also carries Worker Compensation (Medical Insurance) on those same Explorers while acting as volunteer employees of the City, this medical insurance is the same as provided any regular employee of the City. F. Explorers will be allowed to use the Kent Police Range under the direction of the rangemenster or shooting coach. While at the range, explorers will be allowed to shoot only .22 caliber pistols and rifles. Targets used for explorer training will be bullseye match targets . No human silhouette targets or combat training will be conducted at the range by the explorers. c:\users\doc\voludrft.use The Kent Police Department will review this agreement with the Guild in November of 1996 . At that time all or part of this agreement may be terminated at the request of either party. Both parties agree if problems are identified prior to the November 1996 review, they will meet to explore remedies before terminating any of these programs. J Pagel, President Date Kent Police Guild C) Ed Crawford, Chief of Police Date City of Kent Sue Viseth, Human Resources Director Date City of Kent c:\users\doc\voludrft.use