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HomeMy WebLinkAboutCAG2003-0521 - Original - Kent Police Officers Association (KPOA) - Police Captains &Lieutenants: Labor Agreement - 01/01/2003 CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION POLICE CAPTAINS AND LIEUTENANTS 2003-2005 LABOR AGREEMENT TABLE OF CONTENTS Pane No. PREAMBLE ....................................................................................................................I ARTICLE 1 - RECOGNITION AND BARGAINING UNIT................................................I SECTION 1 1 RECOGNITION OF THE ASSOCIATION 1 SECTION 1 2 REPRESENTATION DURING NEGOTIATIONS 1 SECTION 1 3 BULLETIN BOARD SPACE 1 SECTION 1 4 ASSOCIATION OFFICIALS RELEASE TIME 1 SECTION 1 5 PROBATIONERS 2 ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION.....................2 SECTION 2 1 ELIGIBILITY 2 SECTION 2 2 ASSOCIATION MEMBERSHIP 2 SECTION 2 3 DUES DEDUCTION 2 ARTICLE 3 - EMPLOYMENT PRACTICES....................................................................4 SECTION 3 1 SENIORITY DEFINITION 4 SECTION 3 2 PERSONNEL REDUCTION 4 SECTION 3 3 SEVERANCE PAY/NOTICE 4 SECTION 3 4 ESTABLISHMENT OF REINSTATEMENT REGISTERS 5 SECTION 3 5 EMPLOYEE STATUS WHEN REINSTATED 5 SECTION 3 6 EEO/NONDISCRIMINATION 5 SECTION 3.7 PERSONNEL FILES 5 ARTICLE4 - HOURS OF WORK....................................................................................7 SECTION 4 1 WORKDAY AND WORKWEEK 7 SECTION 4 2 EXECUTIVE LEAVE 7 SECTION 4 3 CALL OUT DUTY 7 SECTION 4 4. DEPUTY CHIEF ASSIGNMENT 8 SECTION 4 5 TIMESHEET REPORTING 8 ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES................8 SECTION 5 1 NOTIFICATION OF WORK RULE CHANGES 8 SECTION 5 2 MODIFIED WORK SCHEDULE 9 ARTICLE 6 - SICK LEAVE .............................................................................................9 SECTION 6 1 SICK LEAVE BENEFITS . 9 SECTION 6 2 SICK LEAVE ACCRUAL 9 A LEOFF I Employees 9 B LEOFF 11 Employees 9 SECTION 6 3 LEOFF II SICK LEAVE USAGE 10 SECTION 6 4 LEOFF II EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION 10 SECTION 6 5 LEOFF I EMPLOYEES LEAVE TO CARE FOR SICK DEPENDENTS 10 SECTION 6 6 SICK LEAVE INCENTIVE/BUY-OUT PROGRAM 11 P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc SECTION 6 7 LIGHT DUTY 11 ARTICLE 7 - HOLIDAYS ..............................................................................................12 ARTICLE 8 - EDUCATION ALLOWANCE ...................................................................12 SECTION 8 1 GENERAL POLICY 12 SECTION 8 2 OFFICERS- POLICY 13 SECTION 8 3 CLASS ATTENDANCE 13 SECTION 8 4 REIMBURSEMENT PROCEDURES - 13 SECTION 8 5 EDUCATION ALLOWANCE 14 ARTICLE 9 - ANNUAL LEAVE.....................................................................................14 SECTION 9 1 ANNUAL LEAVE 14 SECTION 9 2 SCHEDULING ANNUAL LEAVE 14 SECTION 9 3 MAXIMUM ACCRUAL 14 ARTICLE10 - PENSIONS ............................................................................................15 ARTICLE 11 - BEREAVEMENT ...................................................................................15 ARTICLE 12 - CITY SUPPLIED EQUIPMENT..............................................................15 ARTICLE 13 - MANAGEMENT RIGHTS ......................................................................16 SECTION 13 1 GENERAL MANAGEMENT RIGHTS 16 SECTION 13 2 VOLUNTEERS AND TEMPORARY EMPLOYEES 16 ARTICLE 14 - PERFORMANCE OF DUTY..................................................................17 SECTION 14 1 NON-STRIKE PROVISIONS 17 SECTION 14 2 PERFORMANCE OF DUTY 17 ARTICLE 15 - CONFERENCE BOARD — NIA..............................................................17 ARTICLE 16 - GRIEVANCE PROCEDURE..................................................................17 ARTICLE 17 - POLICE OFFICERS' BILL OF RIGHTS ................................................20 SECTION 17 1 BILL OF RIGHTS 20 SECTION 17.2 PSYCHOLOGICAL EVALUATIONS - 22 ARTICLE 18 - COMPENSATION..................................................................................23 SECTION 18 1 SALARIES 23 SECTION 18 2 COMMUNITY SERVICE DUTIES 23 SECTION 18 3 WORKING OUT OF CLASSIFICATION 23 SECTION 18 4 LONGEVITY AND EDUCATION INCENTIVE PAY 24 18 4 1 Longevity Pay 24 18 4 2 Educational Incentive , 24 SECTION 18 5 EFFECTIVE DATE OF COMPENSATION INCREASES 25 SECTION 18.6 CLOTHING AND EQUIPMENT 25 P 1PUBLICILaborNUNION\PCaptLt%ContractslPA 2003 Contract-Final doc 11 SECTION 18 7 COMPENSATION FOR TRAINING 25 SECTION 18 8 TIMELY COMPENSATION 25 SECTION 18 9 MATCHING DEFERRED COMPENSATION 26 SECTION 18 10 ACCREDITATION PAY 27 SECTION 18 11 COMPARABLE JURISDICTIONS 27 ARTICLE 19 - INSURANCE COVERAGE ....................................................................27 SECTION 19 1 HEALTH CARE INSURANCE 27 Subsection 19 1 1 Plans Offered 27 Subsection 19 12 Employee Coverage 28 Subsection 19 13 Dependent Coverage 28 Subsection 19 14 LEOFF I Health Coverage Requirement 28 SECTION 19 2 LIFE INSURANCE 28 SECTION 19 3 LONG TERM DISABILITY INSURANCE 28 SECTION 19 4 FORMS HANDLING 29 SECTION 19 5 HEALTH CARE TASK FORCE 29 SECTION 19 6 HEPATITIS B VACCINATION PROGRAM 29 ARTICLE 20 - MILITARY LEAVE.................................................................................29 ARTICLE 21 - SMOKE FREE WORK PLACE..............................................................29 ARTICLE 22 - SUBSTANCE ABUSE TESTING...........................................................30 SECTION 22 1 POLICY 30 SECTION 22 2 INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING 30 SECTION 22 3 EMPLOYEE TESTING 31 SECTION 22 4 SAMPLE COLLECTION 31 SECTION 22 5 DRUG TESTING 32 SECTION 22 6 ALCOHOL TESTING 33 SECTION 22 7 MEDICAL REVIEW PHYSICIAN 33 SECTION 22 8 LABORATORY RESULTS 33 SECTION 22 9 TESTING PROGRAM COSTS 33 SECTION 22 10 REHABILITATION PROGRAM 34 SECTION 22 11 DUTY ASSIGNMENT AFTER TREATMENT 34 SECTION 22 12 RIGHT OF APPEAL , 34 SECTION 22 13 ASSOCIATION HELD HARMLESS 34 SECTION 22 14 CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM 35 ARTICLE 23 - SAVINGS CLAUSE...............................................................................36 ARTICLE 24 - ENTIRE AGREEMENT..........................................................................36 ARTICLE 25 - TERM OF AGREEMENT.......................................................................37 P\PUBLIC\Labor\UNION\PCaptLt\Conlracts\PA 2003 Contract-Final dOc III PREAMBLE This agreement herein contains the entire agreement between the Kent Police Officers Association (hereinafter known as the Association) and the City of Kent, Washington (hereinafter known as the City) The purpose of the City and Association in entering into this agreement is to set forth their complete agreement with regard to wages, hours and working conditions for the employees in the bargaining unit so as to promote the efficiency of law enforcement, public safety, the morale and security of employees covered by this agreement, and harmonious relations, giving recognition to the rights and responsibilities of the City, the Association and the employees ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section 1.1. Recognition of the Association The City recognizes the Association as the exclusive bargaining representative for all Captains and Lieutenants in the Kent Police Department Section 1.2. Representation During Negotiations For the purpose of negotiations between the parties, there shall be no more than two (2) official representatives, plus one (1) alternate, from the Association The City may utilize no more than four (4) representatives, plus one (1) alternate, during this process Both the Association and the City agree to provide to the other party written notice of the representatives ten (10) days prior to the commencement of the negotiations Changes of representatives by either party during negotiations shall also be made through written notice at the earliest opportunity Section 1.3. Bulletin Board Space The City shall provide bulletin board space for Association use in a mutually agreed- upon location Material posted thereon shall be the responsibility of the Association It shall only be used for official Association business Section 1.4. Association Officials Release Time A Time off with pay shall be limited to regular negotiations sessions between the City and the Association negotiating team members during their scheduled duty hours This section shall apply only to members of the Association's negotiating team and members who may be required to participate B Association employee representatives shall be allowed a reasonable amount of on-duty time to administer the terms of this agreement This clause implements P\PUBLIC\Labor\UNION\PCaptLBContracts\PA 2003 Contract-Final doc 1 of 37 the current practice of the parties, and is not Intended to expand the use of on- duty time by Association representatives C Time off required by Association members to prepare for or attend compulsory arbitration meetings or hearings shall be considered leave without pay, unless substitute coverage is provided for by Association members at no additional cost to the City to replace those designated employees who are required to be absent from their shifts It shall be the Chief's responsibility to determine staffing levels required on all shifts It shall be the Chief's decision as to whether substitute coverage is necessary to attend compulsory arbitration proceedings Section 1.5. Probationers A The parties recognize the purpose of a probationary promotion period of employment is to provide a trial period of employment during which the City can observe the performance of the probationer before confirming the rights of permanent status B During the actual or extended probationary promotion period of employment, the probationer shall be entitled to the protection of the grievance procedure as outlined in Article 16 If the employee is unsuccessful in their probationary period, the employee has the right to revert back to their permanently held Civil Service rank per Civil Service rules ARTICLE 2 - ASSOCIATION 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 Association Intent to loin, in writing, must be furnished to the City prior to formal membership for the purposes of uniform dues deductions Section 2.2. Association Membership The Association accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status Neither parry shall discriminate against any employee because of membership or non- membership in the Association However, this clause shall not restrict the Association from providing internal, Association sponsored benefits to Association members only Section 2.3. Dues Deduction The following procedure shall be followed in the deduction of dues for members of the Association P\PUBLIC\Labor\UNION\PCaptLtlContracts\PA 2003 Contract-Final doc 2 of 37 A The City agrees to the deduction of Association dues uniformly levied by the Association for those employees who elect to become members of the Association and who request in writing to have their regular semi-monthly Association dues deduction checked off on the basis of individually signed voluntary check-off authorization cards B Each pay period, the City shall remit to the Association all dues deducted together with a list of employees and the amount deducted from each employee The City agrees to notify the Association of new employees within thirty (30) days of the date of hire or promotion C All employees who elect not to become members of the Association shall, in lieu of Association membership, pay to the Association a regular monthly service fee equal to the Association dues schedule in effect for that employee as a semi-monthly contribution towards the administration of this agreement Such fees shall not exceed the maximum agency fee allowed by law Employees failing to honor their Association security obligations shall be discharged, after thirty (30) days' written notice, at the request of the Association D The Association agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgments brought or issued against the City by third parties as a result of any action taken by the City under the provisions of this Section, unless caused by the negligence of the City E The Association and City agree that the City will not make any other deductions on behalf of the Association, except those described above F In accordance with state law, employees covered by this Agreement who are forbidden from joining a labor organization based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member shall pay an amount of money, equivalent to regular Association dues and initiation fee, to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Association The employee shall furnish written proof that such payment has been made If the employee and the bargaining representative do not reach agreement on such matter, the Public Employment Relations Commission shall designate the charitable organization P 1PUBLIC\Labor%UNION1PCaptLt\ContractslPA 2003 Contract-Final doc 3 of 37 ARTICLE 3 - EMPLOYMENT PRACTICES Section 3.1. Seniority Definition A Seniority, for the purpose of vacation bids, layoffs and reductions in rank resulting from personnel reductions, shall be defined as the employee's length of permanent service within their current rank or classification, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed to by the City), periods of 24 months or less between resignation and reinstatement according to Civil Service procedures, or other breaks in service In the case of an employee who has been reduced in rank or classification, their seniority shall include time spent in the higher rank(s) or classification(s) B Seniority (unless otherwise defined elsewhere within this agreement), for all other purposes, shall be defined as the employee's length of permanent service with the City of Kent, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed to by the City), periods of 24 months or less between resignation and reinstatement according to Civil Service procedures, or other breaks in 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 Order of layoffs and/or reductions in rank shall be determined by job classification It shall be the responsibility of the City to determine job classification in which layoffs and/or reductions in rank 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 Layoffs or reductions in rank of employees shall be accomplished in accordance with seniority as defined in Section 3 1 A with the least senior employees being first reduced or laid off Section 3.3. Severance Pay/Notice All non-probationary employees shall, in the event of a reduction in force, be entitled to two (2) weeks notice of such reduction and shall be paid at the time of separation, a sum equal to two (2) weeks pay minus standard deductions 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 However, this section shall only apply to employees who are laid off P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 4 of 37 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 employees who have been laid off or reduced in rank shall be placed upon a reinstatement register for the same classification from which laid off or reduced in rank This reinstatement register shall be in effect for two years from the date of layoff or reduction, and shall take priority over other hiring or promotional lists B Refusal to accept regular full-time work with the Kent Police Department from a reinstatement register shall terminate all rights granted under this rule, provided the work is in the same classification from which the employee was laid off C Order of Reinstatement - If a vacancy is to be filled from the reinstatement register, recall shall be made on the basis of length of service within the classification The regular employee on such register who has the most service credit shall be first reinstated except in the cases of reduction in rank where reinstatement shall be made by time of service in that rank Section 3.5. Employee Status When Reinstated In the event a non-probationary employee leaves the service of the City due to reduction in force and within the next two years the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the relative salary range which he/she occupied at the time of the original reduction Section 3.6. EEO/Nondiscrimination It is agreed that the City and Association are mutually obligated to provide equal employment opportunity, consideration and treatment to all employees of the Kent Police Department Where the masculine or feminine gender is used in this Agreement it is used solely for the purpose of illustration and shall not be construed to indicate the gender of any employee or job applicant Section 3.7. Personnel Files A The personnel files are the property of the City and shall be kept under the direct control of the Police Chiefs Office and the Employee Services Department 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 Employee Services Department P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 5 of 37 B All Police personnel files must be kept, maintained and secured in the confines of the Police Chief's Office and the Employee Services Department The Police Chief and the Employee Services Director, or their designee(s), shall be responsible or the privacy of such files It is understood that staff of each office will have access and may need to review or update personnel files while conducting City business C The City shall not allow anyone, other than those employees responsible for Police Department operations and/or City administration to read, view, or have a copy, in whole or in part, of any employee's personnel file This provision shall not restrict such information from becoming subject to due process by any court or administrative personnel tribunal or as required by state or federal law Any time an employee's file is subject to release, in whole or in part, to an outside party, the employee will be notified three (3) City work days prior to such release The notice of release shall contain the following information to whom the record was released and under what authority (i a search warrant, court order, subpoenas, etc ) D Employees have the right to review their own entire personnel file Employees requesting to examine their own personnel file must have proper identification, and may examine their file only in the presence of the Police Chief, Employee Services Director, or their designee(s) Employees shall not remove any material from their files, but may, upon their request, have a copy of any material in their files without charge E The Association's attorney of record shall be given access to employees' personnel files Employees can also give permission for third parties to view their file The employee shall make a formal written request naming the person authorized to view their record (i e a KPOA Executive Board member, family member, etc ) The authorized person(s) shall present identification to the Police Chief, Employee Services Director, or their designee(s), responsible for monitoring the process The City shall accommodate such request at a time convenient for both parties F Annual employee evaluations and records of disciplinary action resulting in demotion or the loss of time or pay shall be retained permanently All other disciplinary records may be retained in an employee's active personnel file for not more than five (5) years, provided no other discipline has previously or subsequently occurred However, these records will be purged after five (5) years has elapsed during which no other disciplinary action has occurred Nothing in this section shall prevent the City from archiving files The parties recognize that the City may retain internal investigation files although such files may not be used in discipline and discharge cases if they could not otherwise be retained in personnel files pursuant to this section P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 6 of 37 ARTICLE 4 - HOURS OF WORK Section 4.1. Work Day and Work Week Recognizing that flexibility is required in the scheduling of assignments for command personnel, the normal work week shall be the equivalent of forty (40) hours per week on an annualized basis The normal work schedule shall either be five eight-hour days, four ten-hour days, or the 9-80 schedule The determination of which schedule an employee will work shall be made by the employee, except that Patrol Lieutenants shall work the four-ten schedule Scheduling changes may be made by the Police Chief when there is an operating need requiring a different schedule than that selected by the employee Section 4.2. Executive Leave It is recognized that employees will be required to spend additional time over and above their regular workweek engaged in activities for the City Since the employees are exempt from FLSA overtime, the parties agree that each member of the bargaining unit should receive executive leave time each year in lieu of overtime/standby pay in the amount of 114 hours per year, which shall be pro-rated for new and separated members When an employee puts in substantial additional hours, the parties shall continue the current practice concerning flex-time off Unused executive leave will be cashed out twice a year by the City, at the end of June (66 payroll) and at the end of the year (11 B payroll) There shall be no carry-over of Executive Leave hours from year to year It is understood that this Agreement shall be interpreted and applied in a manner, which will ensure, to the fullest extent possible, the continued exempt status of Lieutenants and Captains Section 4.3. Call Out Duty The parties recognize the benefits of a call-out duty program, which would provide 1 A systematic avenue for the department to maintain communications with the command staff during off-duty hours, 2 Cross-training of all employees assigned to call-out rotation, and 3 Flexibility to employees during off duty hours for uninterrupted personal activities To this end, the parties agree to establish a call-out duty program as follows 1 Each member of the bargaining unit (all Lieutenants and Captains) will be placed on standby for a one-week rotation basis, P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 7 of 37 2 When on standby, the employee is responsible to remain fit for duty and be located within a reasonable distance from Kent Police headquarters in order to respond to emergency calls within a reasonable period of time, 3 Although only the employee on standby is required to report to the scene, this does not prohibit the commander of the unit in which the emergency occurs from reporting to the scene on a voluntary basis, 4 The department will strongly encourage continued training and education to cross-train and enhance the technical skills of the command staff, 5 During the assigned standby week, the employee's use of assigned City vehicle may be more flexible as approved by the employee's immediate supervisor to allow the employee to respond to calls more readily 6 Once a call-out duty schedule has been established, it is the employee's responsibility to arrange for coverage if he/she is not available for call-out duty If the employee cannot cover the duty due to long-term illness, injury, assignment or leave of absence, the Deputy Chief will make a re- assignment of the call-out duty as equitably as possible (but cannot guarantee equal time assignment) Section 4.4. Deputy Chief Assignment Assignment to Deputy Chief will be made at the sole discretion of the Police Chief While assigned as Deputy Chief, the employee will not be a part of the bargaining unit In the event that the employee reverts back to their previous Civil Service rank held prior to the assignment, the employee will return to the bargaining unit Time served in the Deputy Chief assignment will count towards seniority within the bargaining unit for all associated benefits Section 4.5. Timesheet Reporting Both parties have discussed and agree that the present timesheet reporting method does not accurately reflect the actual hours worked by employees of the bargaining unit However, employees of this unit agree to sign these documents not to attest its accuracy, but as a minimum requirement for the purpose of reporting hours of work to the appropriate state and federal agencies The City agrees to work with the appropriate outside agencies and internal departments to resolve this issue during the course of this contract ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES Section 5.1. Notification of Work Rule Changes The City agrees to notify the Association in advance of changes in departmental operating procedures or working conditions which would affect employees in the bargaining unit Conferences to discuss such changes may be arranged prior to the P\PUBLIC\LaborIUNION%PCaptLt\Contracts\PA 2003 Contract-Final doc 8 of 37 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 department operations 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 Association in advance of making the proposed change Section 5.2. Modified Work Schedule The parties agree to consider modifications to the normal work schedule and rotation cycle for employees, for a specified period, where there is a demonstrated need Such changes shall not be precedent setting If such modified work schedules are approved by the Police Chief, the employee, and the Association, the parties agree to allow members of the bargaining unit to work such mutually agreed schedules ARTICLE 6 - SICK LEAVE Section 6.1. Sick Leave Benefits All sick leave benefits for "LEOFF" personnel shall be in accordance with the Revised Code of Washington (RCW), provided however, that LEOFF I employees of the Kent Police Department shall not be required to submit sick leave approval requests to the LEOFF Board for absences due to illness that do not extend beyond three (3) consecutive working days Approval for up to and including three (3) days sick leave for any one occurrence shall be the responsibility of the Chief of Police or designee Section 6.2. Sick Leave Accrual A LEOFF I Employees Officers hired by the City prior to 10/01177, 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 eight (8) hours per month In addition, their sick leave account shall be credited with 30 additional hours on January 1 of each year Employees hired after January 1 of any calendar year shall receive the additional hours on a prorated basis However, under no condition will an employee's accrual exceed 1,166 hours (See Section 6 6 ) P 1PUBLIC0.LaborlUNION1PCaptLtlContractstPA 2003 Contract-Final doc 9 of 37 Section 6.3. LEOFF II Sick Leave Usage A All LEOFF II employees shall be entitled to use sick leave for personal illness in accordance with current City Policy B All LEOFF II employees shall be entitled to use accrued sick leave to care for a child of the employee under the age of eighteen (18) with a health condition that requires treatment or supervision as provided for under RCW 49 12 270 Section 6.4. LEOFF II Employees--On-Duty Iniury Leave Provision Employees injured while on-duty are covered under the City's self-insured workers' compensation program as required by the Revised Code of Washington (RCW) 51 Injured employees must apply for disability benefits as described in RCW 51 and City Policy 6 2 On the Job Injuries and Illnesses Questions regarding policy clarification or interpretation shall be referred to the Employee Services Director in writing Employees injured on-duty and qualified for workers' 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 workers' compensation time loss payments and the balance supplemented by the City During this six-month period, the employees shall continue to accrue annual leave and sick leave benefits If the employee is unable to return to duty at the end of the six-month supplemental pay period, the provisions of RCW 51 and City Policy 6 2 (or any revisions thereof) shall apply During the employee's entire workers' compensation disability period, the City shall continue to contribute towards the employees' and dependents' medical and life insurance program at their pre-disability levels as required by State law The employees shall be responsible for their portions of these benefit premiums 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 Policy Manual P\PUBLIC\Labor\UNIONXPCaptLtlContractsTA 2003 Contract-Final doc 10 of 37 Section 6.6. Sick Leave Incentive/Buy-Out Program Employees whose sick leave accrual exceeds 1,040 hours on December 31 of each year shall be compensated for all hours in excess of 1,040 hours Compensation shall be made no later than January 20 of the following year and shall be at the employee's hourly rate in effect at the time the compensation is made Section 6.7. Light Duty In the event an employee becomes sick or disabled the employer may allow the LEOFF II member to return to work in a light duty status 1 A light duty status job may be assigned so as to permit the employee to continue working within the Department in a duty capacity that the employee is physically capable of performing in accordance with the conditions set forth by the employee's physician while continuing to be paid at the employee's normal rate of salary 2 Such assignment is contingent upon the medical prognosis of full physical recovery from the employee's disability within a reasonable period of time 3. The maximum time that will be allowed for assignment to light-duty status is sixty (60) days, provided that upon request of the employee and approval of the employer, the sixty (60) day period may be extended to but in no case exceed a total period of six (6) months Consideration of the extension shall be based upon the medical prognosis of the employee being able to return to full employment in a reasonable period of time thereafter in accordance with the advice of a physician retained by the employer 4 A request for light duty status will be submitted in writing by the employee to the employer or from the employer to the employee 5 The City reserves the right to have a City appointed physician determine the extent of an employee's disability, ability to perform light duty and/or ability to return to full duty 6 The City also reserves the right to impose additional restrictions on the employee's light duty assignments based on the employee's physical ability during the injury recovery period P 1PUBLICSLabor\UNION4PCaptLt\Contracts\PA 21303 Contract-Final doc 11 of 37 ARTICLE 7 - HOLIDAYS The following holidays shall be considered as holidays for full time employees 1 New Year's Day 2 Martin Luther King Day 3 President's Day 4 Memorial Day 5 Independence Day 6 Labor Day 7 Veteran's Day 8 Thanksgiving Day 9 Day after Thanksgiving 10 Christmas 11 Personal Holiday Those employees whose job classification requires the traditional work schedule Monday through Friday will observe the holiday the same as non-represented employees of the City Memorial Day shall be observed on the last Monday of May for all employees of the bargaining unit All other employees will observe the remaining holidays on the actual day of the holiday If a holiday falls on an employee's normal day off, the employee may take the day before or the day after the holiday off with supervisor authorization Holidays not taken in this manner must be taken within thirty (30) calendar days of the actual day of the holiday There shall be no banking of holiday hours ARTICLE 8 - EDUCATION ALLOWANCE Section 8.1. General Policy The City recognizes the need to encourage and promote education opportunities for employees, subject to budgetary limitations The City will reimburse personnel for costs incurred in receiving approved training upon satisfactory completion of such training Eligible costs include A Tuition B Books C Fees associated with training If an officer is attending an accredited State institution, the officer shall be reimbursed based upon that institution's tuition schedule If an officer is attending a non-State supported institution, the officer shall be reimbursed on the basis of the University of Washington tuition schedule P\PUBLIC\Labor\UNION\PCaptLtNContrads\PA 2003 Contract-Final doc 12 of 37 Section 8.2. Officers - Policy The City shall reimburse an officer for actual cost of books, tuition, and course fees while attending approved courses Approval to attend reimbursed training shall be requested by June 1, of each year, for the next calendar year Approval should Include A Course list B Reason for taking the course C Approximate cost The Chief will then review and approve the total training requests and include the cost in the budget Once the budget is set, very few, if any changes can be made Interim changes will be considered by the Chief and acted on only if budget is available Commissioned officers who are working in the AA Degree Police Science Program will be reimbursed for costs of courses in that degree program provided A The program/school is approved by the Chief B The employee submits his training plan to the Chief for inclusion in the budget 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 Procedures A If reimbursement is available through outside grant funds, or any other potential source, then reimbursement shall be through that source (G I benefits and student loans shall not be considered outside funds for purposes of this section ) B Upon completion of approved training, the employee must prepare a request for reimbursement itemizing actual expenses incurred and including a copy of the training authorities' certificate of completion or grade report C Paid receipts for training costs must accompany the request for reimbursement The City will reimburse the employee for only those costs that have been approved and for which paid receipts are attached to the reimbursement request D Employees requesting reimbursement must submit the request, with documentation, within thirty (30) calendar days following successful completion P SPUBLIC1LaborIUNION1PCaptLt%ContraclslPA 2003 Contract-Final doc 13 of 37 of the approved course(s) Requests not received within 30 days will not be considered for reimbursement, unless good cause is shown Section 8.5. Education Allowance The City will provide up to $1,000 per year, per bargaining unit member towards career relevant training These dollars should first be applied to training goals as identified in the Individual Learning Plans (I L P ) as coordinated by the Training Unit of the department Funds in excess of that needed for the Individual Learning Plan may be applied toward other career relevant training Members understand that should they be scheduled for training such as the FBI academy, Northwestern, or Southern Police Institute that these funds would be expected to be applied towards that training ARTICLE 9 - ANNUAL LEAVE Section 9.1. Annual Leave Effective January 1, 1999, members of the bargaining unit shall receive annual leave benefits as follows Hours of Leave Accrued Years of Employment Annually Monthly 1 st through 4th year 96 hours 8 hours 5th through 9th year 120 hours 10 hours 10th through 12th year 144 hours 12 hours 13th through 16th year 152 hours 12 67 hours 17th through 19th year 176 hours 14 67 hours 20th through 22nd year 182 hours 15 17 hours 23rd through 25th year 192 hours 16 hours 26th year and thereafter 198 hours 16 5 hours Section 9.2. Scheduling Annual Leave Annual leave shall be granted to the employee at the time of the employee's choosing provided the departmental work schedule would not be adversely affected Section 9.3. Maximum Accrual Employees can maintain two times their annual accrual rate of annual leave Annual leave will be audited on December 31 of each year Employees may exceed the maximum accrual limit on January 1 of the following calendar year, but it is the employee's responsibility to ensure that accrued annual leave hours are at or below the maximum accrual by December 31 each year Executive Leave and Holiday accumulation and use is considered separate from annual leave accrual and use P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 14 of 37 The City will schedule annual leave so as to maximize the opportunity for employees to utilize annual leave so they may comply with the maximum accrual limit These provisions do not prohibit carryover of annual leave hours beyond the maximum limit when exceptional circumstances exist Carryover can only occur when requested by employees in writing and when approval is granted by the Police Chief and/or Employee Services Director Approval of carryover is done on a case-by-case basis and does not serve as precedent for any subsequent requests ARTICLE 10 - PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statute ARTICLE 11 - BEREAVEMENT A Members of the bargaining unit who are required to attend funerals of an immediate family member may be released from duty after authorization is obtained from the employee's proper chain of command In addition, the employee may receive up to three (3) days, if required, of leave with pay called bereavement leave Final approval to use bereavement leave must be granted by the Employee Services Director or Operations Director before such leave is paid The request for leave shall contain the name(s) of the deceased, the relationship to the employee, and the expected period of absence Distance, travel time or other factors will be considered to determine the number of days to be granted B In the event that the time required to attend a funeral is in excess of three (3) days, sick leave may betaken A maximum often (10) days of sick leave may be granted for this purpose ARTICLE 12 - CITY SUPPLIED EQUIPMENT In placing this agreement into effect, the City agrees to continue to provide the necessary articles of equipment to enable the employee to perform his/her duties, as has been done prior to this agreement This shall include, but not be limited to, providing flashlights, batteries, notebooks, typewriters, pens/pencils and other necessary minor articles of equipment of a nature specified herein In addition, safety equipment which might be formally recommended by the police administration and funded through the Police Department budget Employees who suffer a loss or damage to appropriate personal property and/or clothing in the line of duty shall be reimbursed for such loss or damage by the City in an amount up to $300 00 per occurrence, provided a claim is filed with the City and is substantiated by Risk Management P SPUBLIC\Labor\UNIOMPCaptLt%Contracts\PA 2003 Contract-Final doc 15 of 37 ARTICLE 13 - MANAGEMENT RIGHTS Section 13.1. General Management Rights The Association recognizes that an area of responsibility must be reserved to management if it is to function effectively In recognition of this principle, it is agreed that the following responsibilities are not subject to collective bargaining and are management responsibilities of the City Unless specifically modified by sections in this Agreement, management retains the exclusive right to A Determine the management organization, the selection, retention, and promotion for occupations not within the scope of this Agreement B Direct employees of the City in the performance of their official duties C To hire, evaluate, promote, transfer, assign, and retain employees in positions in the City, and to suspend, demote, discharge, or take other disciplinary action against such employees for lust cause D To determine the use of technology, equipment, methods, means, and personnel by which departmental operations are to be conducted E To prescribe uniform dress to be worn by uniformed officers or employees F To take whatever actions may be necessary to carry out police functions in emergency situations G To determine the necessity of overtime and the amount thereof H To maintain efficiency of government operations entrusted to management I To determine and administer policy The above listing of specific management rights is not intended nor shall be considered restrictive of, or as a waiver of any rights of the City not listed herein Such inherent management responsibilities are not subject to arbitration and shall remain exclusively with the City except as they may be shared with the Association by specific provisions of the Agreement Section 13.2. Volunteers and Temporary Employees The Association and the City have historically worked together to resolve issues related to the use of volunteers and temporary part-time employees The parties desire to retain this cooperative spirit, and agree upon the following general principles P\PUBLIC\Labor\UNION\PCaptLtNContracts\PA 2003 Contract-Final doc 16 of 37 A The City will not hire any temporary part-time employees to work within the bargaining unit without obtaining written agreement from the Association, B The City may continue to use volunteers for records filing at the training center, for pawn shop data entry and crime prevention, and The Association recognizes that the City may want to use other volunteers, or temporary employees as the needs of the City change due to growth in geographical size and population, etc Whenever such changes would affect the wages, hours and working conditions of the Association's membership, the City must bargain with the Association before using volunteers or temporary employees to do work currently done by Association members While the Association agrees to give such proposals careful consideration and bargain in good faith, the Association is not required to enter into any such agreement In the event the parties are unable to reach agreement, either party may request expedited interest arbitration, to be governed by the provisions of RCW 41 56 430 ARTICLE 14 - PERFORMANCE OF DUTY Section 14.1. 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 Association 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 14.2. 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 ARTICLE 15 - CONFERENCE BOARD — NIA ARTICLE 16 - GRIEVANCE PROCEDURE Section 16 1 Any dispute between the Employer and the Association or between the Employer and any employee covered by this Agreement concerning the application, claim of breach or violation of the express terms of this Agreement shall be deemed a grievance P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 17 of 37 Section 16 2 Grievances processed through Step 3 under Section 16 5 below 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 16 3 Any time limits stipulated in the grievance procedure may be extended by mutual agreement in writing Failure by the Association and/or employee to comply with any time limitation in this Article shall constitute withdrawal of the grievance Failure by the Employer to comply with any time limitation in this Article shall allow the Association and/or the employee to proceed to the next step without waiting for the Employer to reply at the previous step Section 16 4 A grievance in the interest of a majority of the employees in a bargaining unit shall be reduced to writing by the Association (containing all information referenced in Step 1 below) and may be introduced at Step 3 of the grievance procedure and be processed within the time limits set forth herein Section 16 5 A grievance shall be processed in accordance with the following procedure Step 1 A grievance shall be reduced to writing and presented by the aggrieved employee and/or the Association representative within fourteen (14) calendar days of when the employee knew or should have known of the alleged contract violation to the employee's immediate supervisor The written grievance shall contain the section(s) of the Agreement allegedly violated, the nature of the alleged violation and the remedy sought The parties agree to make every effort to promptly settle the grievance at this stage The immediate supervisor shall answer the grievance within seven (7) calendar days after being notified of the grievance Step 2 If the grievance is not resolved as provided in Step 1, it shall be forwarded to the appropriate Division Commander by the aggrieved employee or Association representative within seven (7) calendar days The Division Commander shall answer the grievance within seven (7) calendar days Step 3 If the grievance is not resolved as provided in Step 2, it shall be forwarded by the aggrieved employee or Association representative to the Police Chief with a copy to the Employee Services Director within fourteen (14) calendar days after the Step 2 answer The Police Chief shall convene a meeting within fourteen (14) calendar days after receipt of the grievance between the aggrieved employee and Association representative, together with Department representatives as designated by the Chief The Employee Services Director or a designee may attend said meeting Within fourteen (14) calendar days after the meeting, the Police Chief shall forward a reply to the Association P\PUBLIC\Labor\UNION\PCaptLt%Contracts\PA 2003 Contract-Final doc 18 of 37 Step 4 If the grievance is not resolved as provided in Step 3, or if the grievance is Initially submitted at Step 3 pursuant to Section 16 4, the grievance shall be forwarded within fourteen (14) calendar days after receipt of the Step 3 answer Said grievance shall be submitted by the Association to the Chief Administrative Officer with a copy to the Police Chief The Chief Administrative Officer or a designee shall investigate the grievance and, if deemed appropriate, shall convene a meeting between the appropriate parties The Chief Administrative Officer shall thereafter forward a written reply within fourteen (14) calendar days after receipt of the grievance or the meeting between the parties Step 5 If the grievance is not settled in Step 4, either of the signatory parties to this Agreement may refer the grievance to arbitration The City (through its Chief Administrative Officer or designee) and the Association may select a third disinterested party to serve as an arbitrator In the event that the parties are unable to agree upon an arbitrator, the arbitrator shall be selected from a list of nine (9)Washington and Oregon arbiters obtained from the Federal Mediation and Conciliation Services, each party 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 Association's receipt of the Step 4 answer and shall be accompanied with the following information a Identification of section(s) of the Agreement allegedly violated b Nature of the alleged violation c Remedy sought Section 16 6 In connection with any arbitration proceeding held pursuant to this Agreement, it is understood as follows 1 The arbitrator shall have no power to render a decision that will add to, subtract from, alter, change, or modify the terms of this Agreement, and the power shall be limited to the interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration 2 The decision of the arbitrator shall be final, conclusive and binding upon the City, the Association, and the employee(s) involved 3 The cost of the arbitrator shall be borne equally by the City and the Association, and each party shall bear the cost of presenting its own case P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 19 of 37 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 5 of this Article shall function pursuant to the rules and regulations of the Federal Mediation and Conciliation Services unless stipulated otherwise in writing by the parties to this Agreement Section 16 7 Actions subject to appeal through either this contract grievance procedure or pertinent Civil Service appeal procedures must follow either the grievance procedure contained herein or pertinent procedures regarding such appeals to the Civil Service Commission, including applicable deadlines Under no circumstances may an employee use both the contract grievance procedure and Civil Service Commission procedures relative to the same action An election between those procedures shall be made within thirty (30) calendar days of the filing of the grievance or the commencement of the Civil Service hearing, whichever comes first The Employer shall endeavor to accommodate the work schedule of employees who are the subject of a Civil Service hearing or grievance arbitration, provided that the Employer is not required to alter the schedule of any employee to make this accommodation Section 16 8 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 17 - POLICE OFFICERS' BILL OF RIGHTS The City retains the right to adopt rules for the operation of the Kent Police Department and the conduct of its employees provided that such rules do not conflict with City Ordinances, City and State Civil Service rules and regulations as they exist, or any provision of this Agreement It is agreed that the City has the right to discipline, suspend, or discharge any employees for just cause Section 17.1. Bill of Rights 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" as follows A 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 P\PUBLIC\Labor\UNION\PCaptlt\Contracts\PA 2003 Contract-Final doe 20 of 37 2 Misconduct that would be grounds for termination, suspension, or other disciplinary action, or B Any employee who becomes the subject of a criminal Investigation shall have all rights accorded by the State and federal constitutions and Washington law C 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 D Twenty-four (24) hours before any Interview commences, the employee shall be informed, in writing, of the nature of the Investigation, and whether the employee is considered a witness or suspect at that stage of the Investigation, Including the Information Who is the complainant or the victim, what reportedly took place, when it happened, and where it happened E 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 F At the cost of the requesting party and in accordance with Washington State Law, RCW, 9 73, the employee or City may request that an investigation interview be recorded, either mechanically or by a stenographer There can be no "off-the-record" questions Upon request, the employee under an investigation shall be provided an exact copy of any written statement the employee has signed, or at the employee's expense a verbatim transcript of the Interview G Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of improper intimidation or coercion Twenty-four (24) hours prior to all investigation interviews, the employee shall be afforded an opportunity and facilities to contact and consult with his or her Association representative, and to be represented by the Association representative to the extent permitted by law The employee shall be entitled to such reasonable Intermissions as the employee shall request for personal necessities, meals, telephone calls, consultation with his/her representative, and rest periods H No employee shall be required to submit to a polygraph test or to answer questions for which the employee might otherwise properly invoke the protection of constitutional amendment against self-incrimination Nor shall the employee be dismissed for or shall any other penalty be imposed upon the employee solely for a failure to submit to a polygraph test, or to answer questions for which the employee might otherwise invoke the protection of any constitutional amendment against self-incrimination and provided further, that this provision shall not apply to either the initial application for employment, or to persons in the field of public law enforcement who are seeking promotion P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doe 21 of 37 I 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 J The Association 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 Association and the department's administration Section 17.2. Psychological Evaluations The purpose of this Section is to balance the Interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted, in the least intrusive manner as possible, and in a manner as to protect the employee's right to privacy A Conditions Under Which Evaluations Will Take Place 1 No evaluation will take place without there being a reasonable suspicion to believe that an employee is psychologically unfit to perform the job If the Employer has facts which provide reasonable suspicion that an employee may be psychologically unfit for duty, the Employer will bring those facts to the attention of a doctor chosen by it from a list of doctors previously agreed to by the Employer and the Association In the event the City and the Association do not reach agreement on an appropriate list, the City may select a doctor of its choosing 2 Any relevant medical history of the employee which the examining doctor requests shall be released by the employee only to the examining doctor B Results of the Evaluation The doctor will issue a written report to the Employer and the employee The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery Additionally, where the cause of the unfitness is duty-related, the doctor shall disclose that cause If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee Modified work conditions may include light duty assignments as provided in Section 6 7 C As used in this section, "doctor" refers to a psychologist or psychiatrist P 1PUBLIC\Labor\UNION\PCoptLt\Contracts\PA 2003 Contract-Final doe 22 of 37 ARTICLE 18 - COMPENSATION Section 18.1. Salaries A The Lieutenant rank will be paid at the base rate of 137 5% above the top step Police Officer base pay, and the Captain rank will be paid at the base rate of 151 5% above the top step Police Officer base pay B Effective January 1, 2005, the Lieutenant rank will be paid at the base rate of 137 5% above the top step Police Officer base pay, and the Captain rank will be paid at the base rate of 151 5% above the top step Police Officer base pay If for any reason, the Police Officers contract is not settled by January 1, 2005 for the year 2005, the cost of living adjustment for Police Lieutenants and Captains will be adjusted when the Officers contract is settled, retroactive to January 1, 2005 Section 18.2. Community Service Duties It is important to the effective operation of the Kent Police Department to have its commanders participate in community service activities and organizations The commanders' involvement in the Kent community serves as an extension of the department's community policing philosophy It also assists to establish the department's presence in the community and strengthens our commitment of service to the Kent community To this end, the parties agree to the following 1 Captains of the bargaining unit will participate in a community service organization or program which serves the citizens of Kent or on behalf of the Kent Police Department as approved by the Chief, 2 The City shall pay the annual membership fees and weekly meeting meal cost (for lunch/dinner) associated with these organizations as applicable by receipt and reimbursement, and 3 The City shall also compensate the Captains for such participation in the amount equivalent to 1 5% of their base salary per year, which is already reflected in their 151 5% salary listed in Section 18 1 Salaries Although Lieutenants are not required to participate in community service organizations, voluntary participation is encouraged by the City Lieutenants who voluntarily participate in a community service organization shall be reimbursed for the annual membership fees and weekly meal cost (for breakfast/lunch/dinner) associated with these organizations as applicable by receipt and reimbursement However, they will not receive any additional compensation for their community service participation Section 18.3. Working Out of Classification A Any employee who is assigned to perform duties of a higher paying classification P\PUBLIC%Labor\UNION\PCaptLttContracts\PA 2003 Contract-Final doc 23 of 37 for periods of one full week or more, shall be paid at the rate of the higher classification An employee acting as Police Chief shall receive a ten percent (10%) premium over the Captain's base pay, not to exceed the maximum of the Police Chief's base pay range B. Police administration must make formal acting assignments before provisions of this section apply, naming person placed in temporary classifications, temporary rank, and length of time employee will be working out of his/her regular classification Section 18.4. Longevity and Education Incentive Pay The following longevity and educational incentive schedule will remain in effect for the term of this contract Longevity pay and educational incentive pay shall be applied to the monthly base salary of eligible employees Subsection 18 4 1 Longevity Pay Employees who have completed the following years of continuous service as a regular City employee shall be paid longevity pay in accordance with the schedule below Completion ofPay 5 years Two percent (2%) 10 years Three percent (3%) 15 years Four percent (4%) 20 years Five percent (5%) Employees shall receive longevity pay for the highest level of longevity with the City There shall be no pyramiding of longevity pay Subsection 18 4 2 Educational Incentive Educational incentive pay shall be awarded to qualified employees who have obtained an Associate (AA) or Bachelor's (BA) degree in accordance with the schedule below Employees must have completed five (5) years of continuous employment as a commissioned officer with the Kent Police Department to qualify for educational incentive pay Employees who have attained a Master's (MA) or Doctorate (PhD) degree shall be paid at the Bachelor's (BA) level 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 Decree Pay Associate (AA) One percent (1%) Bachelor (BA or BS) Three percent (3%) P\PUBLIC\Labor\UNION\PCaptLt%Contracts\PA 2003 Contract-Final doc 24 of 37 There shall be no pyramiding of educational incentive pay It is the employee's responsibility to provide proof of qualification Employees who fall to notify Police Administration of their educational incentive pay qualification within twelve (12) months of attaining such qualification will not be eligible for retroactive educational incentive pay Section 18.5. Effective Date of Compensation Increases The effective date for all increases in compensation shall be the first day of the month of the employee's anniversary or when otherwise eligible Section 18.6. Clothing and Equipment A The City shall furnish employees with clothing and equipment required to perform their assigned duties Quantity of items shall be in accordance with past practice B The City will repair damage to clothing or equipment which is due to normal wear and tear in service Unusual repairs required to be made because of neglect or abuse by the employee shall be paid for by the employee responsible C Approved accessories to the uniform, which are optional in nature, shall be provided by the employee according to personal preference D Cleaning and laundry of uniforms supplied by the City shall be the responsibility of the employee E Officers in the bargaining unit will be allotted 1 $600 per year for civilian clothing This allowance maybe used for the purchase of business attire or dress shoes for work or to cover the cost of dry cleaning such attire 2 Be provided uniforms by the City Section 18.7. Compensation for Training The City agrees to compensate pursuant to section 4 2 any employee for training time which is a result of an employee's required attendance at any symposium, seminar, or training school Section 18.8. Timely Compensation Employees will receive their payroll checks by 12 00 noon on the designated payday P%PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 25 of 37 Concerning employees who wish to participate in the direct deposit option offered by the City for automatic deposit of paychecks to the banking Institution of the Employee's choice, it is agreed that the timeliness of having funds available by 12 00 (noon) of any given payday can no longer be guaranteed by the City due to the possibility of unforeseen banking computer system problems that may arise from time to time Employees who opt to participate in this program do not have a 12 00 (noon) guarantee insofar as the banking transfer network system is concerned It is mutually understood that the City has no control of the timeliness of funds being available once transmitted electronically However, it is also understood that normal paydays do occur on the 5th and the 20th of each month and that the City will initiate the electronic transfer of employee pay on the 4th and 19th of each month to employee accounts Section 18.9. Matching Deferred Compensation A The City will match an employee's contribution to the City's voluntary deferred compensation program at a rate of one for one, up to a maximum City contribution of two percent (2%) of a Police Lieutenant's annual base pay B The City's total annual maximum contribution will be calculated based on the pay rate effective January 1 each year, and that amount will then be divided and contributed over the twenty four (24) pay periods in the year In order to be eligible for this matching contribution, the employee's contribution must be equal to or greater than the City's per pay period contribution In addition, the employee will make their participation choice within a two-week annual enrollment period as designated by Employee Services Changes to the employee's portion of Deferred Compensation contributions may be made mid- year, but the City's contribution will be set during the designated open enrollment period For example If two percent (2%) of a Police Lieutenant's base pay equals $1,613 28/year, this is divided into twenty four (24) pay periods and the City's per pay period matching amount would be $67 22 The employee's per pay period minimum contribution would be $67 22 1 If the employee contributes $67 22/pay period, the City will match $67 22/pay period 2 If the employee contributes $100 00/pay period, the City will match $67 22/pay period 3 If the employee contributes $50 00/pay period, the City will match $0/pay period C New hires or newly promoted employees will be eligible to commence participation in the matching deferred compensation program based on their date of hire If an employee is hired between the 1st and 7th or the 16th and 22nd of P 1PUBLIC%Labor\UNION%PCaptLt\Contracts%PA 2003 Contract-Final doe 26 of 37 the month, the employee will be eligible for the full matching amount for that pay period if he or she meets the matching criteria as stated in B above If an employee is hired between the 8th and 15th or the 23rd and the end of the month, the employee will not be eligible to participate in the matching program until the following pay cycle The designated open enrollment period for a new hire or newly promoted employee for the Initial employment year shall be the employee's first two weeks of employment with the Kent Police Department in this bargaining unit Section 18.10. Accreditation PaV Effective January 1, 1999, the salary levels provided herein shall be increased by one percent (1%) in recognition of the Kent Police Department's national accreditation status The additional salary shall remain in effect during the period of the Agreement for as long as the Department retains its accreditation This accreditation pay shall be calculated into the base wage for LEOFF I members of the bargaining unit Section 18.11. Comparable Jurisdictions The following were mutually agreed as comparable jurisdictions during the negotiation of the last Agreement AUBURN BELLEVUE EVERETT FEDERAL WAY KIRKLAND REDMOND RENTON VANCOUVER For the purpose of negotiating wages for future contracts, both parties reserve the right to discuss the comparable jurisdictions to be used ARTICLE 19 - INSURANCE COVERAGE Section 19.1. Health Care Insurance Subsection 19 1 1 Plans Offered For the term of the contract the following health care plans will be offered to bargaining unit members P 1PUBLIC\Labor\UNION\PCaptLt\C.ontracts\PA 2003 Contract-Final doc 27 of 37 A Premera Blue Cross Enhanced Prudent Buyer (PPO) Plan with the new cost containment features as agreed at the Health Care Committee level B Group Health Cooperative (HMO), with $5 00 copays for office visits and prescription drugs and $50 copay for emergency room visits, and VSP Vision Subsection 19 1 2 Employee Coverage Employees in the bargaining unit shall receive a fully paid health care plan underwritten by a company who provides such insurance nationwide The premium cost shall be paid by the City Subsection 19 1 3 Dependent Coverage Employees in the bargaining unit have dependent coverage available under the plans offered by the City The employee shall pay the following monthly premiums depending upon the coverage and plan elected Preferred Group Health Employee/Spouse $27/mo 25/mo Employee/Children 23/mo 15/mo Employee/Family 44/mo 65/mo Subsection 19 14 LEOFF I Health Coverage Requirement The City shall provide medical coverage of LEOFF I employees as required by law Section 19.2. 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 to the maximum of $50,000 Section 19.3. Long Term Disability Insurance Effective August 1, 1997, the Kent Police Officers Association commenced administration of its own Long Term Disability insurance program The premium, administration, and benefits of this Long Term Disability insurance program are determined by the KPOA The City's only responsibility is to make premium deductions as specified by the KPOA through Association members' payroll on behalf of the KPOA P\PUBLIC\Labor\UNION1PCaptLt\ContractsVPA 2003 Contract-Final doc 28 of 37 Section 19.4. Forms Handling A The Association 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 B 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 19.5. Health Care Committee The parties agree that the Association's participation on the City's Health Care Committee has been mutually beneficial The parties agree to meet and develop a letter of understanding that describes the purpose of the Committee and the parameters under which the Committee operates. Furthermore, the parties recognize that there must be representation and participation by all Unions on the Committee Section 19.6. Hepatitis B Vaccination Program The City will provide employees with the opportunity to receive vaccinations and the follow-up tests to help prevent contraction of the Hepatitis B virus The program will be voluntary in nature and in accordance with applicable Washington State Law, WISHA directives, and Labor & Industry regulations, and Kent Police Department policies Employees who wish to waive their opportunity to receive vaccinations and follow-up tests after exposure must sign a waiver form ARTICLE 20 - MILITARY LEAVE Employees of the bargaining unit shall be granted a cumulative of (15) days of paid military leave per calendar year as required by state law ARTICLE 21 - SMOKE FREE WORK PLACE The Association and the City agree that in order to create a health work environment, to protect the public and reduce overall risk, the members of the bargaining unit agree to comply with the City policy concerning "Smoking" P\PUBLIC\Labor\UNION\PCaptLt\ContractsTA 2003 Contract-Final doc 29 of 37 ARTICLE 22 - SUBSTANCE ABUSE TESTING The procedure outlined in this article for drug and alcohol testing shall become a part of the Labor Agreement between the City of Kent and the Kent Police Officers Association, and shall be covered by all applicable articles within that Agreement Section 22.1. Policy The City and the Association recognize that drug use by employees would be a threat to the public welfare and the safety of department personnel It is the goal of this policy to eliminate or absolve illegal drug usage through education and rehabilitation of the affected personnel The use of alcoholic beverages or unauthorized drugs shall not be permitted at the City's work sites and/or while an employee is on duty nor shall an employee report for duty under the influence of alcohol or unauthorized drug While the City wishes to assist employees with alcohol or chemical dependency problems, safety is the City's first priority Therefore, employees must not report for work or continue working if they are under the influence of, or impaired by, the prohibited substances listed in Sections 24 5 and 24 6 of this article. Employees participating in treatment programs are expected to observe all lob performance standards and work rules Section 22.2. Informing Employees About Drug and Alcohol Testing All employees shall be fully informed of this drug and alcohol testing policy Employees will be provided with information concerning the impact of the use of alcohol and drugs on lob performance In addition, the City shall inform the employees on how the tests are conducted, what the tests can determine and the consequence of testing positive for drug use No employee shall be tested before this information is provided to him/her Employees who voluntarily come forward and ask for assistance to deal with a drug or alcohol problem shall not be disciplined by the City The City encourages employees to seek treatment for drug and alcohol abuse voluntarily To encourage employees to do so, the City makes available the Employee Assistance Program (E A P ) Any employee who notifies the City of alcohol or chemical abuse problems will be given the assistance offered to employees with any other illness As with other illnesses, the City may grant sick leave, vacation leave or leaves of absence without pay for treatment and rehabilitation of drug and alcohol abuse Any decision to voluntarily seek help through the Employee Assistance Program, or privately, will not interfere with an employee's continued employment or eligibility for promotional opportunities Information regarding an employee's participation in the Employee Assistance Program will be maintained in confidence P%PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 30 of 37 Section 22.3. Employee Testing Unless otherwise required by federal law, employees shall not be subject to random urine testing or blood testing or other similar or related tests for the purpose of discovering possible drug or alcohol abuse If the City has reasonable suspicion to believe an employee's work performance is impaired due to drug or alcohol use, the City may require the employee to undergo a drug and/or alcohol test consistent with the conditions set forth in this article Reasonable suspicion for the purposes of this article is defined as follows the City's determination that reasonable suspicion exists shall be based on specific, articulated observations concerning the appearance, behavior, speech or body odors of an employee and shall include, as a minimum, a written report documenting objective, measurable changes in an employee's work performance due to unauthorized drug or alcohol use by two (2) observers who have adequate opportunity to observe these changes Section 22.4. Sample Collection The collection and testing of samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA) The laboratory chosen must be agreed to by the Association and the City The results of employee tests shall be made available to the Medical Review Physician Collection of blood or urine samples shall be conducted in a manner which provides for the highest, reasonable degree of security for the sample and freedom from adulteration Blood or urine samples will be submitted as per NIDA standards including the recognized chain of custody procedures Employees have the right for Association and/or legal representation to be present during the submission of the sample Employees shall not be witnessed while submitting a urine specimen Prior to submitting to a urine or blood sample, the employee will be required to sign a consent and release form as attached to this article A split sample shall be reserved in all cases for an independent analysis in the event of a positive test result All samples must be stored in a scientifically acceptable preserved manner as established by NIDA All positive confirmed samples and related paperwork must be retained by the laboratory for at least six (6) months or for the duration of any grievance, disciplinary action, or legal proceedings, whichever is longer At the conclusion of this period, the laboratory's paperwork and specimen shall be destroyed Tests shall be conducted in a manner to ensure that an employee's legal drug use and diet does not affect the test result P 1PUBLIC\Labor\UNION\PCaptLtlContracts\PA 2003 Contract-Final doc 31 of 37 Section 22.5. Drug Testing The laboratory shall test for only the substances and within the limits as follows for the initial and confirmatory test as provided within NIDA standards The Initial test shall use an Immunoassay test procedure which meets the requirements of the Food and Drug Administration for commercial distribution The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs INITIAL TESTING Marijuana metabolites 100 ng/ml Cocaine metabolites 300 ng/ml Opiate metabolites) 300 ng/ml Phencyclidine 25 ng/ml Amphetamines 1000 ng/ml (1) If immunoassay is specific for free morphine, the initial test level is 25 ng/ml If initial test results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files Only specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff values CONFIRMATORY TESTING Marijuana metabolites) 15 ng/ml Cocaine metabolites2 150 ng/ml Opiate metabolites Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml (1) Delta-9-tetrahydrocannabinol-9-carboxylic acid (2) Benzoylecgonine If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files Drug test results gathered under this article will not be used in a criminal investigation or prosecution P 1PUBLICNLabor\UNION\PCaptLt\Contracts�PA 2003 Contract-Final doc 32 of 37 Section 22.6. Alcohol Testing A breathalyzer or similar equipment certified by the state toxicologist shall be used to screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test performed by a qualified laboratory This screening test shall be performed by an Individual properly qualified to perform the tests utilizing appropriate equipment An initial positive alcohol level shall be 0 04 grams per 210 L of breath That is, if both breaths register at 04 or above, that constitutes a positive test If only one breath is at 04 or above and the other is below 04, the test is negative If Initial testing results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files Only specimens identified as positive on the initial test shall be confirmed using a blood alcohol level Sample handling procedures, as detailed in Section 24 4, shall apply A positive blood alcohol level shall be 0 04 grams per 100 ml of blood If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files Section 22.7. Medical Review Physician The Medical Review Physician shall be chosen and agreed upon between the Association and the City and must be a licensed physician with a knowledge of substance abuse disorders The Medical Review Physician shall be familiar with the characteristics of tests (sensitivity, specificity and predictive value), the laboratories conducting the tests and the medical conditions and work exposures of the employees The role of the Medical Review Physician will be to review and interpret the positive test results He/she must examine alternative medical explanations for any positive test results This action shall include conducting a medical review with the affected employee, review of the employee's medical history and review of any other relevant biomedical factors The Medical Review Physician must review all relevant medical records made available by the tested employee when a confirmed positive test result could have resulted from legally prescribed medication Section 22.8. Laboratory Results The laboratory will advise only the employee and the Medical Review Physician of any positive results The results of any positive drug or alcohol test can only be released to the City by the Medical Review Physician once he/she has finished review and analysis of the laboratory's test Unless otherwise required by law, the City will keep the results confidential and shall not release them to the general public Section 22.9. Testing Program Costs The City shall pay for all costs involving drug and alcohol testing as well as the expenses associated with the Medical Review Physician The City shall also reimburse each employee for their time and expenses including travel incurred involving the testing procedure only P\PUBLIC\Labor\UNION\PCaptLt\Contracts\PA 2003 Contract-Final doc 33 of 37 Section 22.10. Rehabilitation Program Any employee who tests positive for a substance listed in Sections 24 5 and 24 6 of this article as determined by the Medical Review Physician in Section 24 7 shall be medically evaluated, counseled and treated for rehabilitation as recommended by the E A P counselor In the event the employee disagrees with the treatment recommended by the E A P counselor, the employee may choose to obtain a second opinion from a qualified physician of his/her choice Employees who complete a rehabilitation program may be re-tested randomly for one (1) year following completion of a rehabilitation program An employee may voluntarily enter rehabilitation without a requirement or prior testing Employees who enter the program on their own shall not be subject by the City to random re-testing Employees will be allowed to use their accrued and earned leave for the necessary time off involved in the rehabilitation program If an employee tests positive during the one (1) year period following completion of rehabilitation, the employee will be re-evaluated by an E A P counselor to determine if the employee requires additional counseling and/or treatment The employee will be solely responsible for any costs, not covered by medical benefits/insurance, which arise from this additional counseling or treatment Section 22.11. Duty Assignment After Treatment If the duty assignment for an employee is modified or changed as a result of a rehabilitation program, then after an employee successfully completes his/her rehabilitation program, the employee shall be returned to the regular duty assignment held prior to the rehabilitation program Once treatment and follow-up care is completed, and one (1) year has passed with no further violations of this article, the employee's personnel and medical files shall be purged of any reference to his/her drug problem or alcohol problem Section 22.12. Right of Appeal The employee has the right to challenge the result of the drug or alcohol test and any discipline imposed in the same manner that he/she may grieve any other City action Section 22.13. Association Held Harmless This drug and alcohol testing program was initiated at the request of the City The City assumes the sole responsibility for the administration of this Article and shall be solely liable for any legal obligations and costs arising out of the provisions and/or application of this collective bargaining agreement relating to drug and alcohol testing The Association shall be held harmless for the violation of any worker rights arising from the administration of the drug and alcohol testing program P\PUBLIC\Labor\UNION\PCaptLtlContracts\PA 2003 Contract-Final doc 34 of 37 Section 22.14. Consent for Sampling and Release of Information Form CONSENT/RELEASE Subject to my rights under Article 24 of the Collective Bargaining Agreement between the Kent Police Officers Association and the City of Kent, I consent to the collection of a urine/blood sample by and its analysis by for those drugs specified in the Collective Bargaining Agreement The laboratory administering the tests will be allowed to release the results to the City of Kent only after the laboratory's results have been reviewed and interpreted by the Medical Review Officer The information provided to the employer shall be only whether the tests were confirmed positive or were negative and not any other results of the test without my written consent The laboratory is not authorized to release the results of this test to any other person without my written consent I understand I have the right to my complete test results and that the laboratory will preserve the sample for at least six (6) months I have the right to have this sample split and a portion tested at a second laboratory of my choice at my expense in the event the test results are confirmed positive I understand that the City is requiring me to submit to this test as a condition of my employment and that alteration of the sample or failure to reasonably cooperate with the collection of a urine/blood sample will result in disciplinary action by the City I understand that a confirmed positive test may result in a requirement that I undergo rehabilitation By signing this consent form, I am not waiving any of my rights under any federal, state or local law, statute, constitution, ordinance, administrative rule or regulation or common law provision I understand that I have the right to challenge any confirmed positive test result and any Employer action based thereon by filing a grievance under the Collective Bargaining Agreement Date Employee Signature Witness P\PUBLICILabor%UNION1PCaptLt\Contracts\PA 2003 Contract-Final doc 35 of 37 ARTICLE 23 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or If compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article ARTICLE 24 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of Its provisions The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining The results of the exercise of that right are set forth in this agreement Therefore, except as otherwise provided in the agreement, each voluntarily and without qualification agrees to waive the right to oblige the other party to bargain with respect to any subject or matter specifically covered by this agreement P SPUBLIC\Labor\UNION\PCaptLt\Conlracts\PA 2003 Contract-Final doc 36 of 37 ARTICLE 25 - TERM OF AGREEMENT This Agreement shall become effective January 1, 2003, and shall remain in force until December 31, 2005 Signed this It day of� 002, at Kent, Washington CITY OF KENT KENT POLICE OFFICERS ASSOCIATION By �2a— By2rZfvl- J;�*hifc;, Mayor Rol5ert Cline, Association President ByL By �if t U Sue Viseth, Lorna Rufener, Employee Services Director Negotiations Team Member By Anh Hoang, Labor Relations Manager By A64, Chuck Miller, Negotiations Team Member By 226-�� Ten Smitl , Negotiations Team Member Approved as to form Z,-�7�� ity Attorney- ^cslr Attest City Clerk P 1PUBLIC1LaborIUNION\PCaptLtlContractslPA 2003 Contract-Final doe 37 of 37