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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 - 2 - 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 - 3 - 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. - 4 - 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 - 5 - 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 - 6 - 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. - 7 - 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 - 8 - 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. - 9 - 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. - 10 - 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 - 11 - 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 - 12 - 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 - 13 - 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 - 14 - 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. - 15 - 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- - 16 - 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 - 17 - 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 - 18 - 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 - 19 - 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 -