HomeMy WebLinkAboutHR1990-0195 - Original - United Steelworkers of America, AFL-CIO Local #1088 - Kent Police Union 1990-1992 Labor Agreement CITY OF KENT
and
KENT POLICE UNION
1990 - 1992 LABOR AGREEMENT
TABLE OF CONTENTS
Page No.
PREAMBLE 1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 1
Section 1.1 . Recognition of the Union 1
Section 1.2. Representation During Negotiations 1
Section 1.3. Attendance - Negotiating Sessions 1
Section 1.4. Probationers 1
ARTICLE 2.- UNION MEMBERSHIP AND DUES DEDUCTION 2
Section 2.1. Eligibility 2
Section 2.2. Union Membership 2
Section 2.3. Excluded Employees 2
Section 2.4. Dues Deduction 2
ARTICLE 3.- EMPLOYMENT PRACTICES 3
Section 3.1 . Personnel Reduction 3
Section 3.2. Severance Pay/Notice 3
Section 3.3. Establishment of Reinstatement Registers 3
Section 3.4. Recalls 4
Section 3.5. Affirmative Action/Nondiscrimination 4
Section 3.6. Personnel Files 4
ARTICLE 4. - HOURS OF WORK AND OVERTIME 5
Section 4.1. Hours of Work 5
Section 4.2. Overtime 5
Section 4.3. Overtime minimum - Call Back 6
Section 4.4. Overtime Pay for Court Appearances 6
Section 4.5. Time Off in Lieu of Pay for Overtime 7
Section 4.6. Standby for Duty 7
ARTICLE 5.- DEPARTMENTAL WORK RULES AND WORK SCHEDULES 7
Section 5.1. Notification of Work Rule Changes 7
Section 5.2. Alternative Work Schedules 8
Section 5.3. Summary 8
ARTICLE 6.- SICK LEAVE 8
Section 6.1. Sick Leave Benefits 8
Section 6.2. Sick Leave Accrual 8
Section 6.3. LEOFF II Sick Leave Usage 9
Section 6.4. LEOFF Employees -- On-duty Injury Leave Provision 9
Section 6.5. LEOFF I Employees Leave to Care for Sick Dependents 9
Section 6.6. Sick Leave Incentive/Buy-out Program 9
Page No.
ARTICLE 7 - HOLIDAYS 9
Section 7.1. Holidays Observed 9
Section 7.2. Holiday Compensation 10
ARTICLE 8 - EDUCATION ALLOWANCE 11
Section 8.1. General Policy 11
Section 8.2. Officers - Policy 12
Section 8.3. Class Attendance 12
Section 8.4. Reimbursement for Training 12
ARTICLE 9 - ANNUAL LEAVE 13
Section 9.1. Annual Leave 13
Section 9.2. Scheduling Annual Leave 13
Section 9.3. Seniority Rights 13
ARTICLE 10 - PENSIONS 13
ARTICLE 11 - DEATH IN FAMILY/FUNERAL LEAVE 13
ARTICLE 12 - CITY SUPPLIED EQUIPMENT 13
ARTICLE 13 - SAVINGS CLAUSE 14
ARTICLE 14 - ENTIRE AGREEMENT 14
ARTICLE 15 - MANAGEMENT RIGHTS 14
ARTICLE 16 - PERFORMANCE OF DUTY 15
Section 16.1. Non-Strike Provisions 15
Section 16.2. Performance of Duty 15
ARTICLE 17 - CONFERENCE BOARD/COMMUNICATIONS 16
Section 17.1. Conference Board 16
Section 17.2. Communications with the City Administrator 16
ARTICLE 18 - GRIEVANCE PROCEDURES 16
ARTICLE 19 - POLICE OFFICERS' BILL OF RIGHTS 19
Section 19.1 . Bill of Rights 19
Page No.
ARTICLE 20 - COMPENSATION 21
Section 20.1. Salaries 21
Section 20.2. Salary Plan 21
Section 20.3. Premium Pay 22
Section 20.4. Working out of Classification 22
Section 20.5. Longevity Pay 22
Section 20.6. Effective Date of Compensation Increases 22
Section 20.7. Clothing and Equipment 22
Section 20.8. Compensation and Training 23
Section 20.9. Educational Incentive Plan 23
Section 20.10. Timely Compensation 23
ARTICLE 21 - INSURANCE COVERAGE 24
Section 21 .1 . Legal Requirements 24
Section 21.2. Employee Coverage 24
Section 21.3. Dependent Coverage 24
Section 21.4. Plans Offered 24
Section 21.5. Employee Responsibilities 24
Section 21.6. Life Insurance 24
Section 21.7. Forms Handling Insurance 24
ARTICLE 22 - SMOKE-FREE WORKPLACE 24
ARTICLE 23 - TERM OF AGREEMENT 25
PREAMBLE
The agreement herein contains the entire agreement between the United
Steelworkers of America, AFL-CIO, for and on behalf of Local #1088 (herein-
after known as the Union) and the City of Kent, Washington (hereinafter known
as the City) . The purpose of this agreement is for the establishment of
wages, hours of work and working conditions.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1. 1. Recognition of the Union.
The City recognizes the United Steelworkers of America, AFL-CIO, on behalf
of Local #1088 as the exclusive bargaining representative for all employees in
positions listed in the wage schedule.
Section 1.2. Rearesentation 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
Local Union. In addition, representatives of the International Union may be
present. The City may utilize no more than four (4) representatives, plus one
(1 ) alternate, during this process.
Both the Union and the City agree to provide to the other party written notice
of their 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. Attendance - Negotiating Sessions
A. Time off with pay shall be limited to regular negotiations sessions
between the City and the Union negotiating team members during their
scheduled duty hours. This section shall apply only to members of
the Union's negotiating team and members who may be required to
participate.
B. Police administration reserves the right to determine the amount of
time and specific hours of official time, if any, which will be
approved for union officials or members to conduct union business on
duty.
Time off required by union members to prepare for or attend compul-
sory arbitration meetings or hearings shall be considered leave with-
out pay, unless substitute coverage is provided for by union members
at no additional cost to the City to replace those designated employ-
ees who are required to be absent from their shifts. It shall be the
Chief's responsibility to determine staffing levels required on all
shifts. It shall be the Chief's decision as to whether substitute
coverage is necessary to attend compulsory arbitration proceedings.
Section 1.4. Probationers
1.4.1 The parties recognize the purpose of 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 Union 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 - UNION 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 Union. 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. Union Membership
The Union 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 Union. However, this clause shall not restrict the Union
from providing internal , union sponsored benefits to Union members only.
Section 2.3. Excluded Employees
The Police Chief and all other officers above the rank of Sergeant shall be
excluded from the bargaining unit.
Section 2.4. Dues Deduction
The following procedure shall be followed in the deduction of dues for members
of Local #1088 of the United Steelworkers of America, AFL-CIO.
A. The City agrees to the deduction of monthly dues uniformly levied by
the Union for those employees who elect to become members of the
Union and who request in writing to have their regular monthly Union
dues deduction checked off on the basis of individually signed volun-
tary check-off authorization cards.
B. Each month, the City shall remit to the International Treasurer of
the United Steelworkers of America, AFL-CIO, all dues deducted
together with a list of employees and the amount deducted from each
employee.
C. All employees hired on or after January 1, 1982 who elect not to
become members of the Union shall , in lieu of union membership, pay
an amount equal to the regular initiation fee plus a regular monthly
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service fee equal to the Union dues schedule in effect for that
employee as a monthly contribution towards the administration of this
agreement.
Such service charge in lieu of dues shall be paid in the form of a
donation to a nonreligious charity mutually agreed upon by the Union
and City and the employee. This donation will be made in the name of
the union and the employee. Proof of payment shall be furnished to
the union by the employee for all charity donations by the end of
each month.
D. The Union agrees to indemnify and hold the City harmless against any
and all claims, suits, orders and other judgments brought or issued
against the City as a result of any action taken by the City under
the provisions of this Article, unless caused by the negligence of
the City.
E. The Union and City agree that the City will not make any other
deductions on behalf of the Union, except those described above.
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 classifi-
cation in which layoffs are to occur. Such factors as nature of
function performed, risk to overall public safety, impact on the
Police Department operations, shall be weighed to determine areas
where reductions can be made.
B. Order of layoff shall be determined by job classification. Employees
with the least seniority in any classification will be laid off first.
C. Reductions or transfers of certified employees in the bargaining unit
shall be accomplished in accordance with the rules and regulations
established by the Kent Civil Service Commission.
Section 3.2. Severance Pay/Notice
A. All certified 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 cur-
rent 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 termin-
ated because of layoff by the City. Voluntary terminations and other
terminations not classified as layoff are excluded from the provi-
sions of this section.
Section 3.3. Establishment of Reinstatement Registers
A. The names of regular or certified employees who have been laid off
shall be placed upon a reinstatement register for the same class from
which laid off. This reinstatement register shall be in effect for
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two years from the date of layoff or reduction.
B. Refusal to accept permanent work with the Kent Police Department from
a reinstatement register shall terminate all rights granted under
this rule, provided the work is in the same classification from which
the employee was laid off.
C. Order of Reinstatement - If a vacancy is to be filled from the rein-
statement register, certification shall be made on the basis of
length of service. The regular employee on such register who has the
most service credit shall be first reinstated.
Section 3.4. Recalls
In the event a certified 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 Union are mutually obligated to provide equal
employment opportunity, consideration and treatment to all employees of the
Kent Police Department. The Union also affirms its intent to comply with the
Affirmative Action Program adopted by the City of Kent.
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.
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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.
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 Appendix A of this labor agreement.
C. The normal work week for officers working as detectives, pro-act,
research and development, training officer, or new assignments 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. Should such scheduling be required, the Union
will be notified in advance of such change and the reasons
necessitating it.
D. The normal 4-3 shift shall be ten (10) hours. The normal 5-2 shift
shall be eight (8) hours.
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
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consecutive seven day week, exclusive of lunch periods.
Pre-authorized overtime shall be provided for all hours in excess of
the regular shift.
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 computed to the nearest one-half (1/2)
hour.
Section 4.3. Overtime Minimum - Call Back
Employees "called back" to work shall receive a minimum of three (3) hours pay
at the overtime rate for the work for which they were called back. This
provision applies when such call back results in hours worked which are not
annexed consecutively to either the beginning or end of a regular shift.
Section 4.4. 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 a minimum of three (3) hours pay at the
overtime rate, for separate court appearances in accordance with
Section 4.4-C. Court appearances which are consecutively annexed to
the beginning or end of an officer's regular duty shift shall be
treated as regular overtime.
B. Grave Shift - Employees who are assigned to the "grave" shift will
receive pay at the overtime rate for court appearance time outside of
regular duty hours, provided, however, each employee required to
report for court appearances following his regular duty shift shall
receive a minimum of four (4) hours pay at the overtime rate, for
separate court appearances in accordance with Section 4.4-C. Court
appearances which are consecutively annexed to the beginning or end
of an officer's regular duty shift shall be treated as regular
overtime and shall not be subject to the provisions of (A) and (B)
above.)
C. Pyramiding of court appearances is prohibited. There will be a
maximum of one minimum guarantee in the morning and one minimum
guarantee in the afternoon. Continuance of a morning appearance into
the afternoon shall not constitute a separate court appearance.
D. Standby Time for Court Appearance - Employees who are required by the
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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 80 hours of time off. All hours
above 80 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.
Section 4.6. Standby for Duty
A. The City and Union 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.
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.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1 . Notification of Work Rule Changes
The City agrees to notify the Union in advance of changes in departmental
operating procedures or working conditions which would affect a substantial
number of employees in the department. Conferences to discuss such changes
may be arranged prior to the time such changes would become effective. How-
ever, nothing in this section shall be construed to limit the City from
exercising its management responsibilities, provided, however, that when
changes in procedure or department operating would cause a reduction in force
or layoff of any employee, such proposed change, including the effective date
shall be provided in writing to the Union in advance of making the proposed
change.
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Section 5 2 Alternative Work Schedules
In the event the Police Chief and/or the Union determines it is necessary to
change the normal work schedule, the moving party will submit the proposed
change and reasons therefore to the other party. The parties will meet and
confer in good faith with regard to the necessity for such change. The
purposes of such meeting(s) shall be to determine how the manpower needs of
the City can be met; provided that it is recognized by both parties that a 5-2
work schedule for patrol division personnel is unacceptable to the Union at
this time and, therefore, will not be considered for implementation during the
term of this agreement, unless by mutual agreement of the parties. The total
number of scheduled work hours on an annualized basis (net) for patrol
division personnel shall be 2080.
In the event that no mutual understanding can be reached with regard to the
modified work schedule, either on a pilot or permanent basis, within sixty
(60) days of the commencement of meetings, the schedule will remain in its
current configuration prior to the proposed change, pending the outcome of an
arbitration hearing, if either party deems it necessary. The jurisdiction of
the arbiter shall be solely to determine whether or not sufficient
justification exists for the proposed change in the work schedule. The
parties shall utilize the AAA procedures for the selection of an arbiter.
Section 5.3. 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 Union, 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.
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
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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 City Policy.
B. All LEOFF II employees shall be entitled to use accrued sick leave to care
for a child of the employee under the age of eighteen 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 Personnel
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
employee's and dependent's medical/life insurance program at its presidability
level . 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 or each year
shall be compensated for all hours in excess of 1,040 hour. 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.
ARTICLE 7 - HOLIDAYS
Section 7.1. Holidays Observed
The following holidays shall be considered as holidays for full time employees.
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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
12. Other holidays proclaimed by the Mayor or City Council .
The City shall specify, each year, the date on which the above holidays shall
be observed.
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 7.2.6 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.
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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
twenty-four (24) hour period considered to be holidays in
Section 7.1. However, employees required to work swing or grave
shifts on Christmas Eve shall also be compensated at the rate of time
and one-half. Additional time off at a later date shall not be
provided 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
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If an officer is attending an accredited State institution, the officer shall
be reimbursed based upon that institution's tuition schedule. If an officer
is attending a non-State supported institution, the officer shall be
reimbursed on the basis of the University of Washington tuition schedule.
Section 8.2. Officers - Policv
The City shall reimburse a 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.
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 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
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attached to the reimbursement request.
D. Employees requesting reimbursement must submit the request, with
documentation, within (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 is
shown.
ARTICLE 9 - ANNUAL LEAVE
Section 9.1. Annual Leave
Members of the bargaining unit shall receive annual leave benefits consistent
with the uniform policy in effect for all employees of the City of Kent.
Section 9.2. Schedulinq Annual Leave
Annual leave shall be granted to the employee at the time of his 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 at 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 employee submitted
their request 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 1st will be superceded 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 nor affected thereby.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by
applicable Washington State Statute.
ARTICLE 11 - DEATH IN FAMILY/FUNERAL LEAVE
Members of the bargaining unit shall receive leave with pay for death in
family/funeral leave purposes consistent with the uniform policy 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
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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.
ARTICLE 13 - SAVINGS CLAUSE
It is agreed that the City and the Union retain the right to reopen the
agreement during the term of the agreement in the event of amendment to the
Fair Labor Standards Act (FLSA) or implementation of or amendment to United
States Department of Labor Regulations. It is understood that the reopening
of the contract pertains only to amendments implemented by law or
regulations. It is agreed that the City has the primary responsibility to
review amendments or changes to the Fair Labors Standards Act, United States
Department of Regulations, and to initiate discussions of such amendments or
changes.
If any article of the agreement or any addendums 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 addendums 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.
If any provisions of this agreement are found by a court of competent
jurisdiction to be in conflict with current Civil Service Rules and
Regulations or Laws of the State of Washington, the latter shall prevail .
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 agree to waive the
right to oblige the other party to bargain with respect to any subject or
matter whether or not specifically referred to or covered by this agreement.
ARTICLE 15 - MANAGEMENT RIGHTS
The Union 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 management representatives 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
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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 subject to Civil
Service rules and regulations of the City of Kent and the State of
Washington.
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 intrusted to
management.
I . To determine and administer policy.
The above listing of specific management rights are 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 Union 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 assigned duties
to the best of his ability. The Union 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, ordinances
of the City of Kent, and Civil Service rules and regulations and operating
policies of the department.
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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 Union 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 the
Mayor 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 Union 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 Union and City agree that areas of general concern not specifically
mentioned in this contract may arise. Such concerns may be related to
interpretation of procedures, changes in policies, working conditions, etc. ,
that may generally affect employees or City rights and responsibilities.
Acknowledging that such concerns could arise and further that such concerns
are of a nature that they should not properly be considered under the
Grievance Article of this agreement, the following procedure shall be
established to allow either the City or Union to directly address issues or
questions of concern.
A. The coordinators of this procedure shall be the Union President and
City Administrator or their designees.
B. Meetings may be initiated by either the City or Union by request. A
mutually agreeable meeting time and place will be set.
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 PROCEDURES
Section 18.1. Any dispute between the Employer and the Union or between the
Employer and any employee covered by this Agreement concerning the applica-
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tion, claim of breach or violation of the express terms of this Agreement
shall be deemed a grievance. Provided however, disciplinary action shall not
be subject to this grievance and arbitration process (See 18.8) .
Section 18.2. Every effort will be made to settle grievances at the lowest
possible level of supervision with the understanding grievances will be filed
at the step in which there is authority to adjudicate, providing the immediate
supervisor (Lieutenant of permanent status or above) is notified. Employees
will be unimpeded and free from restraint, interference, coercion,
discrimination, or reprisal in seeking adjudication of their grievance.
Section 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 union 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 Union and/or the employee to
proceed to the next step without waiting for the Employer to reply at the
previous step.
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 Union 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 verbally presented by the aggrieved
employee or the employee and/or shift representative within 10
(10) working days of the alleged contract violation to the
employee's immediate supervisor. The immediate supervisor
should consult and/or arrange a meeting with his supervisor(s)
if necessary to resolve the grievance. The parties agree to
make every effort to settle the grievance at this stage
promptly. The immediate supervisor(s) shall answer the
grievance within ten (10) working days after being notified of
the grievance.
Step 2 If the grievance is not resolved as provided in Step 1, it shall
be reduced to written form, citing the section(s) of the Agree-
ment 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 Chief with a copy to the City Personnel
Director within ten (10) working days after the Step 1 answer.
The 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 Personnel Director or
a designee may attend said meeting. Within ten (10) working
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days after the meeting, the Division Head shall forward a reply
to the Union.
Step 3 If the grievance is not resolved as provided in Step 1 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
2 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 City
Administrator with a copy to the Chief. The City Administrator
or a designee shall investigate the grievance and, if deemed
appropriate, shall convene a meeting between the appropriate
parties. The Administrator shall thereafter answer in writing
ten (10) working days after receipt of the grievance or the
meeting between the parties.
Step 4 In the event the decision reached by the City Administrator or
his designee is unsatisfactory to the parties submitting the
grievance, the grievance may, within ten (10) working days, be
submitted to the Mayor or his/her designee for review.
Step 5 If the grievance is not settled in Step 3, either of the signa-
tory parties to this Agreement may refer the grievance to
arbitration.
The City (through its City Administrator or designee) and the
Union 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 grievance shall be referred to the
American Arbitration Association for arbitration to be conducted
under its voluntary labor arbitration regulations. When the
grievance is submitted to the American Arbitration Association,
the arbitrator shall be selected from a list obtained from the
Association by both the City representative and the Union, 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 Union's
receipt of the Step 3 answer and shall be accompanied with the
following information.
a. Identification of selections 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
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arbitration.
2. The decision of the arbitrator shall be final , conclusive and
binding upon the City, the Union, and the employee involved.
3. The cost of the arbitrator shall be borne equally by the City
and the Union, and each party shall bear the cost of presenting
its own case.
4. The arbitrator's decision shall be made in writing and shall be
issued to the parties within thirty (30) days after the case is
submitted to the arbitrator.
5. Any arbitrator selected under Step 4 of this Article shall
function pursuant to the voluntary labor arbitration regulations
of the American Arbitration Association unless stipulated
otherwise in writing by the parties to this Agreement.
Section 18.8. An employee covered by this Agreement must upon initiating
objections relating to disciplinary action follow pertinent Civil Service
appeal procedures. Other 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. Under no circum-
stances may an employee use both the contract grievance procedure and Civil
Service Commission procedures relative to the same action.
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 regula-
tions 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
subject to the provisions of the City Ordinances, City and State Civil Service
Rules and Regulations as they exist at the time of the incident and terms of
this Agreement.
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
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2. Misconduct that would be grounds for termination, suspension, or
other disciplinary action; or
3. Not be qualified for continued employment with the Kent Police
Department.
C. Any employee who becomes the subject of a criminal investigation may
have legal counsel present during all interviews. This representa-
tion by counsel is confined to counseling, and not to actual
participation in the investigation. A criminal investigation as used
herein shall be interpreted as any action which could result in the
filing of a criminal charge. A major investigation as used elsewhere
in this article shall be interpreted as any action which could result
in dismissal from the Department or the filing or a criminal charge.
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. Before any interview commences, the employee shall be informed, in
writing, of the nature of the major investigation, and whether the
employee is considered a witness or suspect at that stage of the
investigation, before any interview commences 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 a major
investigation interview be recorded, either mechanically or by a
stenographer. There can be no "off-the-record" questions. Upon
request, the employee under a major 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. In all
major investigation interviews, the employee shall be afforded an
opportunity and facilities to contact and consult privately with an
attorney of the employee's choosing, before being interviewed. The
employee shall be entitled to such intermissions as the employee
shall request for personal necessities, meals, telephone calls, and
rest periods. Any intermissions of over fifteen minutes requested by
the employee in a one hour period will be without pay.
I . No employee who is the suspect in an investigation shall be required
to unwillingly submit to a polygraph test or to unwillingly answer
questions for which the employee might otherwise properly invoke the
protection of constitutional amendment against self-incrimination.
Nor shall this employee be dismissed for or shall any other penalty
be imposed upon the employee solely for a failure to submit to a
polygraph test, or to answer questions for which the employee might
otherwise invoke the protection of any constitutional amendment
- 20 -
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 union 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
union and the department's administration.
ARTICLE 20 - COMPENSATION
Section 20.1 . Salaries
The City agrees to maintain salaries in accordance with this section.
POLICE SALARIES - 1990
A. PATROL STEP MONTHLY BASE WAGE REQ. MONTHS
CLASSES 1990 IN EACH STEP
1. Patrol Prob. 2293 6 mo.
2. Patrol 4 2479 12 mo.
3. Patrol 3 2633 12 mo.
4. Patrol 2 2803 12 mo.
5. Patrol 1 2987
6. Sergeant 3336
B. Effective January 1, 1991 base contractual rates will increase by
90 percent of the CPI-W (Seattle-Tacoma) for the period of July 1, 1989
through June 30, 1990 with a minimum increase of four percent and up to a
maximum increase of six percent.
C. Effective January 1, 1992 base contractual rates will increase by
90 percent of the CPI-W (Seattle-Tacoma) for the period of July 1, 1990
thorough June 30, 1991 with a minimum increase of four percent and up to a
maximum increase of six percent.
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
- 21 -
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 5 percent of base pay per month in addition to regular
pay shall be granted to 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 from 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 employees 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.
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
- 22 -
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 Division, 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 as a
result of his attendance at 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. For those officers who qualify, educational levels will be
compensated at the following rate:
1. AA degree - $ 30.00 per month
2. BA degree - $ 60.00 per month
3. MA degree - $ 90.00 per month
4. PHD degree - $120.00 per month
B. Those employees who have attained a "Junior" status at an accredited
university or college will receive the same compensation as an
employee with an AA degree. In order to qualify for the compensation
all of the credits earned must be consolidated with one accredited
university or college. It is the employee's responsibility to
provide proof of qualification.
C. Compensation will be provided based upon the highest educational
level attained and there shall be no pyramiding of educational
degrees.
Section 20.10. Timely Compensation
Employees will receive their payroll checks by 12:00 noon on the designated
payday. This section will take effect when the city's new "Payroll Automation
- 23 -
System" is fully operational .
ARTICLE 21 - INSURANCE COVERAGE
Section 21 1 Leqal 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
nation wide. 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. For the contract years 1990/92, the City shall pay
the entire monthly premium for the "Standard" Blue Cross plan. If the
employee selects the "Traditional" Blue Cross plan the employee will
contribute up to $75.00 toward the monthly premium If the employee selects
the "Group Health" plan, the employee will contribute $45.00 toward the
monthly premium.
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. Standard Plan (Prudent Buyer)
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 Union 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.
ARTICLE 22 SMOKE FREE WORK PLACE
- 24 -
The Union and the City agree that in order to create a healthy work
environment, to protect the public and reduce overall risk, the members of the
bargaining unit agree to comply with the City policy concerning "Smoking".
ARTICLE 23 - TERM OF AGREEMENT
This Agreement shall become effective January 1, 1990, and shall remain in
force until December 31, 1992.
Signed this C'a day of 11 L �= 19O at Kent, Washington.
CITY OF KENT t c—t� �� `^ _ _ UNITED ORKE S OF A N, AFL-CIO
Dan Kelleher, Mayor Lynn R. Williams
Approved as negotiated -- 2�4'
Edgar L. all
Don E. Olso , Jr.
Personnel Director James N. McGeehan
Attest
Marie Jensen, City erk Joseph Odorcich
U
Approved as to form:
Leon Lynch
.. ��
City Attorney Robert J. Petris
_.job*--R seTn—
- 2 5 -
L
Robert J. Grajeda, Staff Representative
f
n
Michael S. Painter, President Local 1088
Charles E. Miller, Chief Negotiator
2649W-39W
- 26 -
MEMORANDUM OF UNDERSTANDING
LOCAL NO. 1088 AND CITY OF KENT
In consideration of mutual promises and covenants, the City of Kent
(hereinafter called the "City") and the United Steelworkers of America,
AFL-CIO, Local No. 1088 (hereinafter called the "Union") hereby agree to
modify Article 44, Section 4.1(B) of the City of Kent and Police Union
1987-1989 Labor Agreement as is set forth below.
4.1 .B
1. SHIFT ASSIGNMENTS
a. Shift assignments for Patrol Officers and Sergeants shall be
determined by a bid system based on tenure in those positions with
Kent Police Department.
b. 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 determinedby 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.
C. 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 detemined 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.
d. 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 least senior
personnel sahll 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.
e. 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 fist Sunday in February
or the first Sunday in August, the individual cannot participate in
the bidding process for that work cycle.
f. The city has the sole discretion to determine who is eligible to bid,
however, ineligibility will be documented in writing to the affected
Officer or Sergeant.
- 27 -
g. All City's management rights under the Agreement remain in full force
and effect.
2. BIDJASSIGNMENT PROCESS
The following provisions shall control the process of bidding and
assignment in accordance with the above guidelines:
a. Shift preference bids shall be delivered to the division commander, or
his or her designee, during the established bid/assignment cycle.
b. No early or late shift preference bids shall be accepted.
c. 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.
d. Assignments of all individuals are discretionary with City.
3. BID/ASSIGNMENT CYCLE
The following is the process for the submission of bids and the assignment
of shifts:
a. 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.
b. Each Patrol Officer shall submit his or her shift preference bid no
earlier than the first Wednesday nor later than the second Wednesday in
November or earlier than the first Wednesday or later than the second
Wednesday in May, as applicable. All such bids must be received by the
division commander or his or her designee no late than 5 p.m. on the
applicable date. The assignments shall be posted no later than fifteen
(15) calendar days after the submission deadline.
c. The February, 1989 bid/assignment process shall commence immediately.
All future cycles shall commence as set forth above.
4. DAYS OFF ROTATION
a. The rotation for days off shall be the first Sunday of every second
month starting with the day shift. This shall take effect on the first
Sunday in February 1989.
5. CONFLICT
Should any term or condition of this Agreement conflict with the terms and
conditions of the current Labor Agreement between the City and the Union,
then the basic contract shall prevail .
- 28 -
TERM OF AGREEMENT
This Memorandum of Understanding shall take effect upon signture of all
parties hereto. It shall remain in full force and effect until the
termination date of the 1990-1992 Labor Agreement between the City and
Union or until earlier terminated by either party. Either party must give
thirty (30) calendar days written notice of its intent to terminte the
agreement at the end of that thirty day period. Upon such termination, the
1990-1992 Labor Agreement shall control shift assignments.
Both parties agree that the shift assignment bid process in this memorandum
of understanding shall not be construed as past customary practice for
future labor contract negotiations.
CITY UNION
2649W-39W 7/90
- 29 -
GLOSSARY
Authority
Power granted by Federal law, Washington State law, City ordinance, Civil
Service rules, or this agreement.
Annualized
An occurrence during one calendar year.
Compulsory Arbitration
Required third party dispute settlement.
Compensatory Time
Optional time-off-in-lieu of overtime pay.
Dependent
One who is related and derives physical , emotional , or monetary support
from an employee.
Employee(s)
Member(s) of the United Steel Workers of America, AFL, CIO, Local 1088,
bargaining unit; the Kent Police Union; Police Officer, Support Services,
and Corrections Officers.
Formal
Relating to conditions of method, order, arrangement, or performance of
specific acts.
Holiday
A day designated by Federal or State Law, or by this Agreement, when work
is required of an employee and is paid at a premium rate.
Job Classification
The occupation that an employee holds, not necessarily referring to the
assignment within the occupation.
Justification
To maintain or show sufficient reason.
Proclamation
A declaration from a city official or one empowered to make an
announcement or give official notice on behalf of the City.
Qualify
To make fit or demonstrate ability.
Request
An asking or expression of a desire to some person for something to be
granted or done.
Service
Tenure with Kent Police Department
Suspect
Means any employee who is the subject of criminal investigation.
is q4
/19
Avg.
V
C I T Y O F K E N T
and
KENT POLICE UNION
K E N T POLICE SUPPORT PERSONNEL
1990-1992 LABOR AGREEMENT
INDEX
Page No.
PREAMBLE 1
ARTICLE 1 RECOGNITION AND BARGAINING UNIT 1
Section 1 .1 Recognition of the Union 1
Section 1 .2 Representation During Negotiations 1
ARTICLE 2 UNION MEMBERSHIP AND DUES DEDUCTION 1
Section 2.1 Eligibility 1
Section 2.2 Union Membership 1
Section 2.3 Excluded Employees 1/2
Section 2.4 Dues Deductions 2/3
Section 2.5 Attendance - Negotiating Sessions 3
ARTICLE 3 EMPLOYMENT PRACTICES 3
Section 3.1 Civil Service 3
Section 3.2 Personnel Reduction 3
Section 3.3 Severance Pay/Notice 3/4
Section 3.4 Establishment of Reinstatement Registers 4
Section 3.5 Recalls 4
Section 3.6 Affirmative Action/Nondiscrimination 4
Section 3.7 Personnel Files 4/5
ARTICLE 4 HOURS OF WORK AND OVERTIME 5
Section 4.1 Hours of Work 5
Section 4.2 Overtime 5
Section 4.3 Time Off in Lieu of Pay for Overtime 6
Section 4.4 Overtime Minimum - Call Back 6
ARTICLE 5 DEPARTMENTAL WORK RULES AND WORK SCHEDULES 6
Section 5.1 Notification of Changes 6
ARTICLE 6 SICK LEAVE 6/7
ARTICLE 7 HOLIDAYS 7
Section 7.1 Holidays Observed 7
Section 7.2 Holidays Worked 7/8
ARTICLE 8 EDUCATION ALLOWANCE 8
Section 8.1 General Policy 8
Section 8.2 Class Attendance 9
Section 8.3 Reimbursement for Training 9
ARTICLE 9 ANNUAL LEAVE 9
Section 9.1 Annual Leave 9
Section 9.2 Scheduling Annual Leave 9
Section 9.3 Seniority Rights 10
ARTICLE 10 PENSIONS 10
ARTICLE 11 DEATH IN FAMILY/FUNERAL LEAVE 10
ARTICLE 12 SAVINGS CLAUSE 10
ARTICLE 13 ENTIRE AGREEMENT 10/11
ARTICLE 14 MANAGEMENT RIGHTS 11
ARTICLE 15 PERFORMANCE OF DUTY 12
Section 15.1 Non-Strike Provisions 12
Section 15.2 Performance of Duty 12
ARTICLE 16 CONFERENCE BOARD/COMMUNICATIONS 12
Section 16.1 Conference Board 12
Section 16.2 Communications with the City Administrator 12/13
ARTICLE 17 GRIEVANCE PROCEDURE 13
Section 17.1 Grievance or Dispute Over Provisions of
Agreement 13/14
14
Section 17.2 Civil Service Grievances
ARTICLE 18 EMPLOYEE RIGHTS 15
Section 18.1 Employee Rights 15/16
ARTICLE 19 COMPENSATION 17
Section 19.1 Salaries 17
Section 19.2 Shift Differential Pay 17/18
18
Section 19.3 Temporary Assignments
Section 19.4 Longevity Pay 18/19
19
Section 19.5 Compensation for Training
ARTICLE 20 INSURANCE COVERAGE 19
Section 20.1 Employee Coverage 19
Section 20.2 Dependent Coverage 19
Section 20.3 Plans Offered 20
Section 20.4 Employee Responsibilities 20
Section 20.5 Life Insurance 20
Section 20.6 Forms Handling Insurance 20
ARTICLE 21 APPLICATION OF CITY POLICY AND PROCEDURE 20
ARTICLE 22 TERM OF AGREEMENT 20
PREAMBLE
The agreement herein contains the entire agreement between the United Steel -
workers of America Local 1088, AFL-CIO, (hereinafter known as the Union) and
the City of Kent, Washington (hereinafter known as the City) . The purpose
of this agreement is for the establishment of wages, hours of work and
working conditions.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1 .1 Recognition of the Union
The City recognizes the United Steelworkers of America Local 1088, AFL-CIO,
as the exclusive bargaining representative for all employees in positions
listed in the wage schedule.
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
Local Union. In addition, representatives of the International Union may be
present. For the City, there shall be no more than four (4) official
representatives, plus one (1) alternate.
Both the Union and the City agree to provide to the other party, written
notice of their representatives ten (10) days prior to the commencement of
the negotiations. Changes of representatives by either party during negoti-
ations shall also be made through written notice at the earliest opportunity.
ARTICLE 2 - UNION 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 Union. 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 Union Membership
The Union 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 non-membership in the Union. However, this clause shall not restrict the
Union from providing internal , union sponsored benefits to Union members
only.
Section 2.3 Excluded Employees
The following employees shall be excluded from the bargaining unit.
A. Police Chief.
2651W-39W - 1 -
B. "Uniformed Personnel" of the Kent Police Department as defined by
State Law RCW 41.56.030(6) .
C. Records Manager, Administrative-Budget-Planning Assistant, private
secretaries of the department, when the duties of such secretaries
would create conflicts in responsibilities between Union and
City/management activities.
D. Employees of the Corrections Facility
E. All other employees of the City of Kent.
Any dispute arising in the future as to the inclusion or exclusion
of a position from the bargaining unit will be presented to the
Public Employment Relations Commission (PERC) for determination.
Section 2.4 Dues Deduction
The following procedure shall be followed in the deduction of dues for
members of the United Steelworkers of America, AFL-CIO.
A. The City agrees to the deduction of monthly dues uniformly levied by
the Union for those employees who elect to become members of the
Union and who request in writing, to have their regular monthly
Union dues deducted on the basis of individually signed voluntary
check-off authorization cards.
B. Each month, the City shall remit to the International Treasurer of
the United Steelworkers of America, AFL-CIO, all dues deducted
together with a list of employees and the amount deducted for each
employee.
C. All employees hired on or after January 1, 1982 who elect not to
become members of the Union shall , in lieu of union membership, pay
an amount equal to the regular initiation fee plus a regular monthly
service fee equal to the Union dues schedule in effect for that
employee as a monthly contribution towards the administration of
this agreement.
Such service charge in lieu of dues shall be paid in the form of a
donation to a non-religious charity mutually agreed upon by the
Union and City and the employee. This donation will be made in the
name of the union and the employee. Proof of payment shall be
furnished to the union by the employee for all charity donations by
the end of each month.
D. The Union agrees to indemnify and hold the City harmless against any
and all claims, suits, orders and other judgments brought or issued
against the City as a result of any action taken by the City under
the provisions of this Article, unless caused by the negligence of
the City.
2651W-39W - 2 -
E. The Union and City agree that the City will not make any other
deductions on behalf of the Union, except those described above.
Section 2.5 Attendance - Negotiating Sessions/Grievance Arbitration
A. Time off with pay shall be limited to regular negotiations sessions
between the City and the Union negotiating team member's scheduled
duty hours. This section shall apply only to members of the
negotiating team.
B. Police administration reserves the right to determine the amount of
time and specific hours of official time, if any, which will be
approved for union officials or members to conduct union business on
duty.
C. Time off required by union members to prepare for or attend
grievance arbitration meetings or hearings, shall be considered
leave without pay, unless substitute coverage is provided for by
union members at no additional cost to the City to replace those
designated employees who are required to be absent from their
shifts. It shall be the Chief's responsibility to determine manning
levels required on all shifts. It shall be his decision as to
whether substitute coverage is necessary to attend grievance
arbitration proceedings.
ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1 Civil Service
The Union and the City have agreed that employees covered by this agreement
are subject to Civil Service.
Section 3.2 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 the 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. Reductions, transfers, or layoff of certified employees in the
bargaining unit shall be accomplished in accordance with the rules
and regulations established by the Civil Service Commission.
Section 3.3 Severance Pay/Notice
A. All Bargaining unit employees shall in the event of a reduction in
force be entitled to two (2) weeks notice of such layoff and shall
be paid at the time of separation, a sum equal to two (2) weeks pay
2651W-39W - 3 -
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 terminated because of layoff by the City. Voluntary
terminations and other terminations not classified as layoff are
excluded from the provisions of this section.
Section 3.4 Establishment of Reinstatement Registers
A. The names of bargaining unit regular or certified employees who have
been laid off shall be placed upon a reinstatement register for the
same class from which laid off. Such reinstatement register shall
not be effective past two (2) years from the date of termination of
any employee.
B. Refusal to accept permanent work with the Kent Police Department
from a reinstatement register shall terminate all rights granted
under this rule.
C. Order of Reinstatement - If a vacancy is to be filled from the rein-
statement register, certification shall be made on the basis of
length of service. The regular employee on such register who has
the most service credit shall be first reinstated in accordance with
the rules and regulations established by the Kent Civil Service
Commission.
Section 3.5 Recalls
In the event a certified employee leaves the service of the City due to a
reduction in force and within the next two (2) years the City rehires said
former employee in the same relative classification to which assigned at the
date of reduction, such employee shall be placed at the step in the relative
salary range which the employee occupied at the time of the original
reduction.
Section 3.6 Affirmative Action/Nondiscrimination
It is agreed that the City and Union are mutually obligated to provide equal
employment opportunity, consideration and treatment to all employees of the
Kent Police Department. The Union also affirms its intent to comply with
the Affirmative Action Program adopted by the City of Kent.
Section 3.7 Personnel Files
A. The personnel files are the property of the City. The City agrees
that the contents of the personnel files, including the personnel
photographs, shall be confidential and shall restrict the use of
information in the files to internal use by the Police and Personnel
Departments. This provision shall not restrict such information
from becoming subject to due process by any court or administrative
personnel tribunal . It is further agreed that information may be
released to outside groups subject to the approval of both the City
and employee; provided, that nothing in this section shall prevent
2651W-39W - 4 -
an employee or the Personnel Officer of the City from viewing the
employee's original personnel file in its entirety, upon written
request, stating the reason for the review. Such review will be
conducted in the presence of a command staff member, or Records
Manager of the Police Department and/or the Personnel Director.
B. Duplication of Documents - Materials, documents, or records will not
be removed from the employee's files by the employee. Duplication
of any materials in their folder, requested by the employee, will be
done only by the Police administration.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4.1 Hours of Work
A. The normal work schedule for employees covered by this agreement
shall not exceed 40 hours of work in a seven (7) consecutive day
period. The work week will commence at 12:00 a.m. Sunday and end at
11:59 p.m. on Saturday, however, the employee's work schedule shall
be posted at least fourteen (14) days prior to the beginning of the
applicable work period. The work schedule shall be either five (5)
consecutive workdays followed by two (2) consecutive days off, or
four (4) consecutive workdays followed by three (3) consecutive days
off, except at shift rotation time. Provided however, that any
employee covered in this section who is required to report back to
work between the end of their regular shift and the beginning of
their next regular shift shall be paid at the overtime rate for all
hours worked between regular shifts. Employees must be scheduled
with at least twenty-four (24) hours between the time each regular
shift begins. The Police Administration shall have the right to
determine the work schedule.
B. 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. Employees shall be paid at the rate of time and one-half for all
hours worked in excess of forty (40) hours in one consecutive seven
(7) day work period, inclusive of lunch periods. The employee may
opt to accrue compensatory time in lieu of overtime pay.
Compensatory time will accrue at a rate of one-and-one-half (1-1/2)
hours for each hour earned.
B. In all cases overtime will be computed to the nearest one-half (1/2)
hour.
2651W-39W - 5 -
Section 4 3 Time Off in Lieu of Pay for Overtime
Employees who wish to take time off in lieu of receiving overtime pay may do
so provided:
A. Departmental scheduling will allow the employee to take time off.
B. An employee may accumulate up to eighty (80) hours of comp time
off. All hours above eighty (80) shall be paid unless approval is
received from the Police Chief to accumulate more than eighty (80)
hours. Both the request and approval must be in writing.
C. Employees who wish to receive pay for their accumulated compensatory
time will have the option of receiving this pay on an annual basis,
and such pay shall be included with the annual "holiday buyout"
check. Those employees who exercise this option will submit their
request, in writing, to the Chief of Police no later than
November 15th each year. This does not preclude the employee from
receiving pay for their accumulated time during any regular pay
period.
Section 4.4 Overtime Minimum - Call Back
Employees "called back" to work shall receive a minimum of three (3) hours
pay at the overtime rate for the work for which they were called back. This
provision applies when such call back results in hours worked which are not
annexed consecutively to either the beginning or end of a regular shift.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1 Notification of Changes
The City agrees to notify the Union in advance of changes in departmental
operating procedures or working conditions which would affect a substantial
number of employees in the bargaining unit. Conferences to discuss such
changes may be arranged prior to the time such changes would become
effective.
However, nothing in this section shall be construed to limit the City from
exercising its management responsibilities, provided, however, that when
changes in procedure or departmental operation would cause a reduction in
force or layoff of any employee, such proposed change, including the
effective date shall be provided in writing to the Union in advance of
making the proposed change.
ARTICLE 6 - SICK LEAVE
Sick leave policies shall be administered in accordance with City policy.
Administration and approval of sick leave shall be consistent with
provisions in the City of Kent Policy Manual . However, members of the
bargaining unit shall have their sick leave account credited with
twenty-four (24) additional hours annually. The credit shall be provided on
January 1st of each year. Employees hired after January 1st of any calendar
2651W-39W - 6 -
year shall receive these additional hours on a prorated basis. It is
further agreed employees of the bargaining unit can accumulate up to 1040
hours of sick leave.
ARTICLE 7 - HOLIDAYS
Section 7.1 Holidays Observed
The following holidays shall be considered as holidays for full time
employees. Those employees whose job classification requires the
traditional work schedule of 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.
1) New Year's Day
2) Martin Luther King Day
3) Washington's Birthday (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 Day
11) Floating Holiday (personal )
12) Other holidays proclaimed by the Mayor or City Council
Section 7.2 Holiday Compensation
A. Members of the bargaining unit shall be entitled to a combination of
88 hours of time off with pay and compensation in lieu of time off
during each year.
B. The City shall purchase four (4) holidays from members of the
bargaining unit each year which include Martin Luther King Day;
Presidents' Day; Veterans Day; and the individual floating holiday.
The City will issue a holiday check to all qualified members of the
bargaining unit on or about December 1 of each year for the holidays
purchased. Members working less than a full calendar year will
receive such holiday compensation in a proportion equal to their
employment during the calendar year.
Those employees who wish to receive pay for their unused holidays,
in addition to 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 buyout" check. Those employees
who exercise this option shall submit their request, in writing, to
the Chief of Police no later than November 15th each year.
C. Bargaining unit employees who are required to work on one of the
holidays listed in Section 7.1 shall be compensated at the rate of
1-1/2 times the regular base pay for all hours worked. However,
2651W-39W - 7 -
employees who are required to work Thanksgiving or Christmas shall
be compensated at a rate of two (2) times their base pay.
D. Bargaining unit employees who are required to work on one of the
non-purchased holidays shall in addition to the provision of "C"
above be entitled to take the holiday off at a later date subject to
approval of the Police Administration.
E. Bargaining unit members who are required to work on one of the
purchased holidays (4 holidays) shall be entitled to only that
compensation stated in "C" above. Additional time off at a later
date is not provided.
F. Bargaining unit members whose regularly scheduled day off falls on
any of the non-purchased holidays shall be entitled to the
holiday(s) off at a later date subject to the approval of the Police
Administration. However, employees whose regularly scheduled day
off falls on any of the purchased holidays (4 holidays) shall not be
entitled to a day(s) off at a later date.
G. Shifts which are eligible for time and one-half as outlined in
Section 7.2 are only those shifts which begin work within the
twenty-four (24) hour period considered to be holidays in
Section 7.1 . However, employees required to work swing or grave
shifts on Christmas Eve shall also be compensated at the rate of
time and one-half. Additional time off at a later date shall not be
provided employees required to work Christmas Eve.
ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1 General Policy
The City recognizes the need to encourage and promote educational opportuni-
ties 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.
Employees covered by this agreement will be reimbursed by the City for above
training costs if:
A. The course/training request has been pre-approved by the Chief as to
course content and relatedness to the employee's current position.
B. Approval will be requested according to procedures established by
the Police Chief by June 1 each year for the new budget year and
costs are included in the budget.
2651W-39W - 8 -
Section 8.2 Class Attendance
Employees who wish to attend classes offered by schools, colleges,
universities, or other training organizations must do so during their
off-hours. In special cases, subject to departmental approval , an irregular
work schedule may be arranged in order for an employee to attend courses
that are not offered during off-hours. Hours spent by an employee while
attending class or studying for such class during off-hours, will not be
considered compensation hours.
Section 8.3 Reimbursement for 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 are not considered grants)
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
thirty (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
consistent with the uniform policy in effect for all employees of the City
of Kent.
COMPLETION OF: ANNUAL VACATION HOURS
1-4 years 96 hours (no bonus)
5-9 years 24 hour bonus
10-12 " 40 " It
13-16 " 48
17-19 " 56
20 years and thereafter 64 "
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.
2651W-39W - 9 -
Section 9.3 Seniority Rights
A. If two or more employees request annual leave at 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 effective
year. Requests submitted after January 31st will be recognized by
date and not subject to seniority. Requests submitted prior to
January 1st will be superseded by those requests which were
submitted between January 1st and January 31st.
B. Annual leave scheduling for employees covered by this agreement
shall not be contingent upon leave scheduling for employees not
covered by this agreement, nor otherwise affected thereby.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed
by Washington State Statute.
ARTICLE 11 - DEATH IN FAMILY/FUNERAL LEAVE
Members of the bargaining unit shall receive leave with pay for death in
family/funeral leave purposes consistent with the uniform policy in effect
for all employees of the City of Kent.
ARTICLE 12 - SAVINGS CLAUSE
It is agreed that the City and the Union retain the right to reopen the
agreement during the term of the agreement in the event of amendment to the
Fair Labor Standard Act (FLSA) or implementation of or amendment to United
State Department of Labor Regulations. It is understood that the reopening
of the contract pertains only to amendments implemented by law or
regulations.
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 negotia-
tions for the purpose of arriving at a mutually satisfactory replacement of
such article.
If any provisions of this agreement are found by a court of competent
jurisdiction to be in conflict with the current Civil Service Rules and
Regulations or Laws of the State of Washington, the latter shall prevail .
ARTICLE 13 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement
between the parties and no oral statement shall add to or supersede any of
its provisions.
2651W-39W - 10 -
The parties acknowledge that each has had the unlimited right and
opportunity to make demands and proposals with respect to any matter deemed
a proper subject for collective bargaining. The results of the exercise of
that right are set forth in this agreement. Therefore, except as otherwise
provided in the agreement, the City and Union, for the duration of this
agreement, each voluntarily and unqualifiedly agree to waive the right to
oblige the other party to bargain with respect to any subject or matter
whether or not specifically referred to or covered by this agreement.
ARTICLE 14 - MANAGEMENT RIGHTS
The Union and employees in the bargaining unit recognize that areas of
responsibility must be reserved to management if it is to function effec-
tively. In recognition of this principle, it is agreed that the following
responsibilities are not subject to collective bargaining. Unless
specifically modified by sections in this Agreement, management retains the
exclusive right to:
A. Determine the management organization, the selection, retention, and
promotion for occupations not within the scope of this Agreement.
B. Direct employees of the City in the performance of their official
duties.
C. To hire, promote, determine, transfer, assign, and retain employees
in positions in the City, and to suspend, demote, discharge, or take
other disciplinary action against such employees.
D. To determine the methods, means, and personnel by which departmental
operations are to be conducted.
E. To prescribe uniform dress to be worn by certain employees.
F. To take whatever actions may be necessary to carry out police
functions in emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations intrusted to
management.
I. To determine and administer policy.
The above listing of specific management rights are 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 Union by specific provisions of this Agreement.
2651W-39W - 11 -
ARTICLE 15 - PERFORMANCE OF DUTY
Section 15.1 Non-Strike Provisions
Nothing in this agreement shall be construed to give an employee the right
to strike and no employee shall strike or refuse to perform the employee's
assigned duties to the best of the employee's ability. The Union and
employees it represents agree that they shall 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 15.2 Performance of Duty
It is agreed that all members of the bargaining unit shall perform all func-
tions and duties required by laws of the State of Washington, ordinances of
the City of Kent and operating policies of the department. Provided,
however, where articles or sections of this agreement are in conflict with
ordinances and policies, the agreement will prevail .
ARTICLE 16 - CONFERENCE BOARD/COMMUNICATIONS
Section 16.1 Conference Board
There shall be a department conference board consisting of three (3) members
named by the Union and three (3) representatives of the department named by
the Chief. The Chief of the department, or his representative, shall sit as
one of the three (3) representatives to the maximum extent practical , but
any of the six (6) members may be replaced with an alternate from time to
time. A representative of the Mayor may be requested to attend conference
board meetings at the discretion of either party. The conference board
shall meet quarterly or more often as mutually determined and shall consider
and discuss matters of mutual concern pertaining to the improvement of the
department and the welfare of the employees.
The purpose of the conference board is to deal with matters of general
concern to members of the department as opposed to individual complaints of
employees. Accordingly, the conference board shall not discuss grievances
properly the subject of the procedure outlined in Article 17 except to the
extent that such discussion may be useful in suggesting improved department
policies. Either the Union representatives or the City representatives may
initiate discussion of any subject of a general nature affecting the opera-
tions 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 16.2 Communications with the City Administrator
The Union 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
2651W-39W - 12 -
are of a nature that they should not properly be considered under the
Grievance Article of this agreement, the following procedure shall be
established to allow either the City or Union to directly address issues or
questions of concern.
A. The coordinators of this procedure shall be an elected employee
representative from the bargaining unit and City Administrator or
their designees.
B. Meetings may be initiated by either the City or Union by request. A
mutually agreeable meeting time and place will be set.
C. A proposed agenda of items to be discussed shall be prepared and
distributed in advance of a proposed meeting. Statements,
fact-finding results, etc. , should be available in writing for
review in order to explain or clarify areas of concern.
D. Minutes of each meeting shall be kept.
ARTICLE 17 - GRIEVANCE PROCEDURE
Section 17.1 Grievance or Dispute Over Provisions of Agreement
A. A procedure is hereby established as a means to resolve grievances.
Grievance shall be defined as a claim or dispute by an employee or
group of employees with respect to a violation of the provisions of
this agreement. Grievances must be resolved in the following
manner. Failure to follow the time frames set forth below shall
constitute waiver of the grievance.
Step 1 . A grievance shall be verbally presented by the aggrieved
employee within ten (10) working days of the alleged contract
violation to the employee's immediate supervisor. The immediate
supervisor should consult and/or arrange a meeting with the
employee's supervisor(s) if necessary to resolve the grievance.
The parties agree to make every effort to settle the grievance
at this stage promptly. The immediate supervisor(s) shall
answer the grievance within ten (10) working days after being
notified of the grievance.
Step 2. If not resolved above, the grievance shall be reduced to writing
and be submitted to the Department Head by the aggrieved
employee and/or the Union within ten (10) working days following
the completion of Step 1. The written grievance shall include a
statement of the issue, the section(s) of the Agreement
allegedly violated, facts of the case, and remedy sought. A
meeting shall be arranged between the City and representatives
of the Union. Following that meeting the party responding to
the grievance shall give its written response within ten (10)
working days of the completion of the meeting.
Step 3. Grievances not settled within ten (10) working days following
Step 2 shall then be presented by the Employee and/or the Union
2651W-39W - 13 -
directly to the City Administrator or his designee. A meeting
shall be arranged between the City and representatives of the
Union. The City Administrator shall then submit a decision, in
writing, on the grievance within fifteen (15) working days from
the completion of the Step 3 meeting. Copies of the decision
shall be provided to the filing party and/or its
representative. If resolved, the basis for resolution shall be
reduced to writing and signed by both parties.
Step 4. In the event the decision reached by the City Administrator or
his/her designee is unsatisfactory to the parties submitting the
grievance, the grievance may, within ten (10) working days, be
submitted to the Mayor or his/her designee for review.
Step 5. In the event the decision reached by the Mayor or his/her
designee is unsatisfactory to the parties presenting the
grievance, the grievance may, within fifteen (15) working days,
be submitted to arbitration. The Union and City shall mutually
select an arbiter under American Arbitration Association
Procedures.
B. The Arbiter shall render his decision based on interpretation and
applications of the provisions of this Agreement. The decision
shall be in writing and copies sent to the City and the Union.
C. The decision of the Arbiter shall be final and binding upon all
parties to the grievance provided the decision does not involve
action by the City which is beyond his jurisdiction.
D. Neither the Arbiter nor any persons involved in the grievance
procedure shall have the power to negotiate new agreements or to
change any of the present provisions of this Agreement.
E. All expenses incurred in the arbitration process shall be borne as
follows:
1. Expenses incurred by the Union shall be borne by the Union.
2. Expenses incurred by the City shall be borne by the City.
3. Expenses or fees of the Arbiter shall be borne equally by the
Union and the City.
Section 17.2 Civil Service Grievances
An employee covered by this agreement must, upon initiating objections
relating to disciplinary action, follow pertinent Civil Service appeal
procedures. Other actions subject to appeal through either this contract's
grievance procedure or pertinent Civil Service appeal procedures must follow
either the grievance procedure contained herein or pertinent procedures
regarding such appeals for the Civil Service Commission. Under no
circumstances may an employee use both the contract grievance procedure and
Civil Service Commission procedures relative to the same action.
2651W-39W - 14 -
ARTICLE 18 - EMPLOYEE RIGHTS
COMPLAINTS AGAINST EMPLOYEES PROCEDURE
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, Civil Service Rules and/or regulations,
or any provision of this Agreement. It is agreed that the City has the
right to discipline, suspend, or discharge any employees subject to the
provisions of the City Ordinances and Civil Service Rules Regulations as
they exist at the time of the incident and terms of this Agreement.
Section 18.1 Employee 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, employees covered by this agreement shall be entitled to
the protection of what shall hereafter be termed as the "Complaints
Against Employees' Procedure."
B. Every employee who becomes the subject of an internal investigation
shall be advised in writing at the time of the interview that he/she
is suspected of:
1 . Committing a criminal offense; or
2. Misconduct that would be grounds for termination, suspension, or
other disciplinary action; or
3. Not being qualified for continued employment with the Department.
C. Any employee who becomes the subject of a criminal investigation may
have legal counsel present during all interviews. This
representation by counsel is confined to counseling, and not to
actual participation in the investigation. A criminal investigation
as used herein shall be interpreted as any action which could result
in the filing of a criminal charge. A major investigation as used
elsewhere in this article shall be interpreted as any action which
could result in dismissal from the Department or the filing of a
criminal charge.
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. Before any interview commences, the employee shall be informed, in
writing, of the nature of the major investigation, and whether he is
considered a witness or suspect at that stage of the investigation,
before any interview commences including the information: who is
the complainant or the victim, what reportedly took place, when it
happened, and where it happened.
2651W-39W - 15 -
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 a major investigation interview be recorded, either
mechanically or by a stenographer. There can be no "off-the-record"
questions. Upon request, the employee under a major investigation
shall be provided an exact copy of any written statement the
employee has signed or, at the employee's expense, of a verbatim
transcript of his interview.
H. Interviewing shall be completed within a reasonable time and shall
be done under circumstances devoid of intimidation or coercion. In
all major investigation interviews, the employee shall be afforded
an opportunity and facilities to contact and consult privately with
an attorney of the employee's own choosing, before being
interviewed. The employee shall be entitled to such intermissions
as the employee shall request for personal necessities, meals,
telephone calls, and rest periods. Any intermissions of over
fifteen minutes requested by the employee in a one-hour period will
be without pay.
I. No employee who is the suspect in an investigation shall be required
to unwillingly submit to a polygraph test or to unwillingly answer
questions for which the employee might otherwise properly invoke the
protections of any constitutional amendment against self-incrimina-
tion. Nor shall this employee be dismissed for or shall any other
penalty be imposed upon the employee solely for a failure to submit
to a polygraph test, or to answer questions for which the employee
might otherwise invoke the protection of any constitutional
amendment against self-incrimination.
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 union 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
union and the department's administration.
2651W-39W - 16 -
ARTICLE 19 - COMPENSATION
Section 19.1 Salaries
Required
Months in
1990 1991 1992 Each Step
Records Specialist
Data Entry Specialist
Probationary 1661 1727 1796 6
Step 4 1742 1812 1884 12
Step 3 1830 1903 1979 12
Step 2 1923 2000 2080 12
Step 1 2026 2107 2191
Supervisor 2270 2361 2455
Admin. Sec.
Probationary 1973 2052 2134 6
Step 4 2072 2155 2241 12
Step 3 2178 2265 2356 12
Step 2 2285 2376 2471 12
Step 1 2401 2497 2597
Section 19.2 Shift Differential Pay
A. Employees who are assigned to a regular workweek of five (5)
consecutive days on and two (2) consecutive days off or four (4)
consecutive days on and three (3) consecutive days off will receive
shift differential pay as follows:
1. Employees who work shifts which normally commence after the hour
of 12:00 noon or before 6:00 p.m. shall be considered swing
shift personnel and shall receive a differential pay of twenty
cents (20¢) per hour above the regular pay rate in effect for
their respective job classifications.
2. Employees who work shifts which normally commence after the hour
of 6:00 p.m. or before 6:00 a.m. shall be considered to be night
shift employees and shall receive a differential pay of thirty
cents (30t) per hour above the regular pay rate in effect for
their respective job classifications.
3. Agreement between the City and Union is predicated on the
current shift structure in effect at the signing date of this
contract. Should the function of the section of the Kent Police
Department covered by this agreement change substantially due to
changes in equipment available, scheduling requirements, etc. ,
it is understood that differential pay rates will be re-examined
in light of such changes.
2651W-39W - 17 -
B. In cases where the employee is permanently assigned to swing or
grave shift, leave benefits will be paid at the differential rates.
If an employee is only temporarily assigned to a swing or grave
shift, they will be compensated at the differential rate for only
the hours worked.
Section 19.3 Temporary Assignments
A. The City agrees to compensate members of the bargaining unit
assigned by competent authority to positions of higher authority and
responsibility. For purposes of this Agreement, assignment shall be
limited to the positions of Records Supervisor and Police Records
Manager. The employee will be compensated at the rate of the higher
classification provided they work one full shift or more.
B. Police administration, or their designee, must make formal temporary
assignments to the position of Records Supervisor or Records Manager
before provision of this section apply: naming person placed in the
temporary classification and the length of time the employee will be
in the temporary assignment.
Appointments to the position of Records Supervisor will be made
whenever the regular supervisor is absent provided:
1. There are two or more employees working the affected shift;
2. There would normally be a supervisor working the affected shift;
3. The Records Manager or another member of the police
administration does not assume the responsibilities of the
supervisor.
Section 19.4 Longevity Pay
The following longevity premium pay shall apply:
1. After 5 consecutive years of service - one (1) percent per month
2. After 10 consecutive years of service - two (2) percent per month
3. After 15 consecutive years of service - three (3) percent per month
4. After 20 consecutive years of service - four (4) percent per month
Longevity allowances shall be payable on the first payday following the
anniversary of the employee.
2651W-39W - 18 -
1990 1991 1992
Records Specialist
Data Entry Specialist
5 years $20.00 $21.00 $22.00
10 years 41.00 42.00 44.00
15 years 61.00 63.00 66.00
20 years 81.00 84.00 88.00
Records Supervisor
5 years 23.00 24.00 25.00
10 years 45.00 47.00 49.00
15 years 68.00 71 .00 74.00
20 years 91.00 94.00 98.00
Admin. Secretary
5 years 24.00 25.00 26.00
10 years 48.00 50.00 52.00
15 years 72.00 75.00 78.00
20 years 96.00 100.00 104.00
Section 19.5 Compensation for Training
A. The City agrees to compensate employees for training time which is a
result of an employee's required attendance at training schools
directly under the control of the Washington State Law Enforcement
Training Commission or the Federal Government. Compensation shall
be paid at the straight time rate for all training hours in excess
of eight in any one day or which occur on an employee's scheduled
furlough days. This compensation will be paid in accordance with
the terms of FLSA.
B. The City agrees to compensate any employee for training time which
is a result of an employee's required attendance at any symposium,
seminar, or training school conducted and attended by an employee
during his off-hours. Compensation shall be paid at the overtime
rate for all training hours so attended.
ARTICLE 20 - INSURANCE COVERAGE
Section 20.1 Employee Coverage
Employees in the bargaining unit shall receive a fully paid health, accident
and dental coverage plan underwritten by a company who provides such
insurance nation wide. The premium cost shall be paid by the City.
Section 20.2 Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the
plans offered by the City. For the contract years 1990/92, the City shall
pay the entire monthly premium for the "Standard" Blue Cross plan, however,
if the employee selects the "Traditional" Blue Cross plan the employee will
contribute up to $75.00 towards the monthly premiums or if the employee
selects the "Group Health" plan the employee will contribute $45.00 towards
the monthly premium.
2651W-39W - 19 -
Section 20.3 Plans Offered
For the term of the contract the following health and accident plans will be
offered to bargaining unit members:
1. Blue Cross of Washington and Alaska
A. Traditional Plan
B. Standard Plan (Prudent Buyer)
2. Group Health Cooperative (HMO)
Section 20.4 Employee Responsibilities
Each employee shall be responsible for obtaining and filling out necessary
application forms, change in coverage forms, or providing other information
necessary to determine eligibility for insurance coverage.
Section 20.5 Life Insurance
The City shall pay the entire premium for double indemnity life insurance
coverage for each eligible member of the bargaining unit. The amount of
coverage will be equal to the employee's annual base salary.
Section 20.6 Forms Handling Insurance
The Union 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.
ARTICLE 21 - SMOKE FREE WORK PLACE
The Union and the City agree that in order to create a healthy work
environment, to protect the public and reduce overall risk, the members of
the bargaining unit agree to comply with the City policy concerning
"smoking".
ARTICLE 22 - TERM OF AGREEMENT
This Agreement shall become effective January 1, 1990, and shall remain in
force until December 31, 1992.
2651W-39W - 20 -
Signed this .3 0 day of J— c. 19 r0 at Kent, Washington.
CITY 0 KENT ) tUNI1j4TEELW ;R �ICAN, AFL-CIO
Dan KelleFer, Mayor Lyn 1iams
Approved as ne otiated
dgar
Don E. 0 son, Jr.
Personnel Direc r Jam VN. M n
Attest �--�
Marie Jensen, Ci y Jerk Joseph Odor
01
Approved as to form:
• � Leo h
City Attorney Robert J. Petris
dL,z '�2 7
�Gj
Ro rtqJl6rje a, Representative
Michael S. Painter, resident Local 1088
C arles E. Miller, Chief Negotiator
2651W-39W - 21 -