HomeMy WebLinkAboutPD06-273 - Original - Kent Police Officers Association (KPOA) - Police Captains and Lieutenants - 2006-2008 Labor Agreement CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE CAPTAINS AND LIEUTENANTS
2006-2008 LABOR AGREEMENT
TABLE OF CONTENTS
TABLEOF CONTENTS...................................................................................................I
PREAMBLE.................................................................................................................. 1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT................................................ 1
SECTION 1.1. RECOGNITION OF THE ASSOCIATION....................................................................1
SECTION 1.2. DEPUTY CHIEF ASSIGNMENT..............................................................................1
SECTION 1.3. REPRESENTATION DURING NEGOTIATIONS............................................................ I
SECTION 1.4. BULLETIN BOARD SPACE................................................................................... 1
SECTION 1.5. ASSOCIATION OFFICIALS'RELEASE TIME............................................................... 1
SECTION 1.6. PROBATIONERS..............................................................................................3
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION.......................... 3
SECTION 2.1. ELIGIBILITY...................................................................................................3
SECTION 2.2. ASSOCIATION MEMBERSHIP...............................................................................3
SECTION 2.3. DUES DEDUCTION...........................................................................................3
ARTICLE 3 - EMPLOYMENT PRACTICES...................................................................... 4
SECTION 3.1. SENIORITY DEFINITION....................................................................................4
SECTION 3.2. PERSONNEL REDUCTION ...................................................................................5
SECTION 3.3. SEVERANCE PAY/NOTICE ..................................................................................5
SECTION 3.4. ESTABLISHMENT OF REINSTATEMENT REGISTERS ....................................................5
SECTION 3.5. EMPLOYEE STATUS WHEN REINSTATED................................................................5
SECTION 3.6. EEO/NONDISCRIMINATION ...............................................................................6
SECTION 3.7. PERSONNEL FILES...........................................................................................6
ARTICLE 4 - HOURS OF WORK................................................................................... 7
SECTION 4.1. WORK DAY AND WORK WEEK............................................................................7
SECTION 4.2. EXECUTIVE LEAVE...........................................................................................7
SECTION 4.3. CALL OUT DUTY.............................................................................................7
SECTION 4.4. MODIFIED WORK SCHEDULE..............................................................................8
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES........................ 8
SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES..............................................................8
ARTICLE6 - SICK LEAVE ............................................................................................ 9
SECTION 6.1. SICK LEAVE BENEFITS...................................................................I..................9
SECTION 6.2. SICK LEAVE ACCRUAL.......................................................................................9
A. LEOFFIEmployees..............................................................................................9
B. LEOFFII Employees.............................................................................................9
SECTION 6.3. LEOFF II SICK LEAVE USAGE ............................................................................9
SECTION 6.4. LEOFF II EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION .....................................9
SECTION 6.5. LEOFF I EMPLOYEES LEAVE TO CARE FOR SICK DEPENDENTS .................................. 10
SECTION 6.6. SICK LEAVE INCENTIVE/BUY-OUT PROGRAM........................................................ 10
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SECTION 6.7. LIGHT DUTY................................................................................................ 10
ARTICLE7 - HOLIDAYS............................................................................................ it
ARTICLE 8 - EDUCATION ALLOWANCE..................................................................... 12
SECTION 8.1. GENERAL POLICY....................................................................................I..... 12
SECTION 8.2. EMPLOYEES - POLICY..................................................................................... 12
SECTION 8.3. CLASS ATTENDANCE ...................................................................................... 12
SECTION 8.4. REIMBURSEMENT PROCEDURES......................................................................... 13
SECTION 8.5. EDUCATION ALLOWANCE ................................................................................ 13
ARTICLE 9 - ANNUAL LEAVE..................................................................................... 13
SECTION 9.1. ANNUAL LEAVE............................................................................................. 13
SECTION 9.2. SCHEDULING ANNUAL LEAVE............................................................................ 14
SECTION 9.3. MAXIMUM ACCRUAL....................................................................................... 14
ARTICLE 10 - PENSIONS.......................................................................................... 14
ARTICLE 11 - BEREAVEMENT................................................................................... 14
j ARTICLE 12 - MANAGEMENT RIGHTS....................................................................... 15
SECTION 12.1. GENERAL MANAGEMENT RIGHTS..................................................................... 15
SECTION 12.2. VOLUNTEERS AND TEMPORARY EMPLOYEES........................................................ 15
ARTICLE 13 - PERFORMANCE OF DUTY.................................................................... 16
SECTION 13.1. NON-STRIKE PROVISIONS............................................................................. 16
SECTION 13.2. PERFORMANCE OF DUTY ............................................................................... 16
ARTICLE 14 - CONFERENCE BOARD — N/A............................................................... 16
ARTICLE 15 - GRIEVANCE PROCEDURE ................................................................... 16
ARTICLE 16 - POLICE OFFICERS' BILL OF RIGHTS .................................................. 19
SECTION 16.1. BILL OF RIGHTS.......................................................................................... 19
SECTION 16.2. PSYCHOLOGICAL EVALUATIONS....................................................................... 20
ARTICLE 17 - COMPENSATION................................................................................. 21
SECTION17.1. SALARIES.................................................................................................. 21
SECTION 17.2. COMMUNITY SERVICE DUTIES ........................................................................ 22
SECTION 17.3. WORKING OUT OF CLASSIFICATION................................................................. 22
SECTION 17.4. LONGEVITY AND EDUCATION INCENTIVE PAY...................................................... 22
Subsection 17.4.1. Longevity Pay..............................................................................22
Subsection 17.4.2. Educational Incentive....................................................................23
SECTION 17.5. EFFECTIVE DATE OF COMPENSATION INCREASES................................................. 23
SECTION 17.6. CLOTHING AND EQUIPMENT........................................................................... 24
SECTION 17.7. COMPENSATION FOR TRAINING....................................................................... 24
SECTION 17.8. TIMELY COMPENSATION................................................................................ 24
SECTION 17.9. DEFERRED COMPENSATION............................................................................ 25
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SECTION 17.10. ACCREDITATION PAY.................................................................................. 25
SECTION 17.11. COMPARABLE JURISDICTIONS....................................................................... 25
ARTICLE 18— FUTURE CHANGES ............................................................................. 26
ARTICLE 19 - INSURANCE COVERAGE ..................................................................... 27
SECTION 19.1. HEALTHCARE INSURANCE............................................................................. 27
Subsection 19.1,1. Plans Offered............................................................................... 27
Subsection 19.1.2. Employee Coverage......................................................................27
Subsection 19.1.3. Dependent Coverage....................................................................27
Subsection 19.1.4. 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....................................................................................... 28
SECTION 19.5. HEALTH CARE COMMITTEE ............................................................................ 28
SECTION 19.6. HEPATITIS B VACCINATION PROGRAM.............................................................. 28
SECTION 19.7. RETIREMENT HEALTH SAVINGS ACCOUNT(VEBA)............................................... 29
ARTICLE 20 - MILITARY LEAVE................................................................................ 29
ARTICLE 21 - SMOKE FREE WORK PLACE................................................................. 29
ARTICLE 22 - SUBSTANCE ABUSE TESTING ............................................................. 29
SECTION22.1. POLICY..................................................................................................... 30
SECTION 22.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING ............................... 30
SECTION 22.3. EMPLOYEE TESTING..................................................................................... 30
SECTION 22.4. SAMPLE COLLECTION ...................................................................................31
SECTION 22.5. DRUG TESTING...........................................................................................31
SECTION 22.6. ALCOHOL TESTING......................................................................................32
SECTION 22.7. MEDICAL REVIEW PHYSICIAN......................................................................... 32
SECTION 22.8. LABORATORY RESULTS ................................................................................. 33
SECTION 22.9. TESTING PROGRAM COSTS ............................................................................ 33
SECTION 22.10. REHABILITATION PROGRAM .........................................................................33
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
ARTICLE24 - ENTIRE AGREEMENT.......................................................................... 36
ARTICLE25 - TERM OF AGREEMENT........................................................................ 37
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PREAMBLE
This agreement herein contains the entire agreement between the Kent Police Officers
Association (hereinafter known as the "Association's 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 in which the City's Values are encouraged and practiced, 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. 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 1.3. 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 1.4. 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 I.S. 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
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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 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 Chiefs responsibility to determine staffing levels required on all shifts. It
shall be the Chiefs decision as to whether substitute coverage is necessary to attend
compulsory arbitration proceedings.
D. Union officials may be allowed time off to attend training related to the administration of
this Agreement when the parties mutually agree that such training is beneficial to both
the City and the Union. Such time off shall not result in any additional costs to the City.
Such training must be pre-approved by the KPOA Executive Board, signed by the Union
President, and submitted to and pre-approved by the Police Chief, or designee. The
request will include the purpose of the training, the date and time of such training, and
the proposed use of the employee's time (on/off duty or adjusted shift). The Union shall
continue to cover the registration, travel and accommodation costs of such training for
the union officials. The time off for such trainingshall be shared b the Union the
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employee and the City in the following manner:
1. If the training occurs during the employee's normally scheduled day(s) off, the
employee will attend the training on their own time.
2. If the training occurs during the employee's normally scheduled work day(s), the
time will be covered by the City. The employee's shift may be adjusted within the
work day to accommodate the training. The total sum of training time off shall not
exceed 150 hours annually for the entire KPOA. However, if an acting assignment
is required to replace that employee, the Union shall cover the monetary difference
between the acting employee's normal wage and the acting pay cost through the
use of a donated leave bank designated for this purpose.
3. Employees covered by the CBA may only donate vacation leave one time in a calendar
year, in whole hour increments, up to five (5) hours per employee. This donation may
be done at any time during the year. Once the donation is made, it will be converted
and maintained on a dollar basis. The cap of this leave bank shall be equivalent of 400
hours times the top Patrol Officer's base hourly pay as of January 1" of each year.
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Section 1.6. 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 join, 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 party 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:
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
ned
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
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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 falling 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 Co.
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.
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
ranks or classifications .
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.
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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 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.
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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 Chief's 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.
B. All Police personnel files must be kept, maintained and secured in the confines of the
Police Chiefs 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.e.
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
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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.
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 employee.
the em to ee.
Section 4.2. Executive Leave
It is recognized that employees will be required to spend additional time over and above their
regular work week 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 for
the year 2006 and 106 hours per year effective January 1, 2007, which shall be pro-rated for
new and separated members.
Up to half (1/2) of the annual executive leave accrual may be cashed out at the request of the
employee at the end of June (613 payroll). Any remaining unused executive leave shall be
cashed out by the City at the end of the year (1113 payroll). There shall be no carry-over of
Executive Leave hours from year to year.
When an employee puts in substantial additional hours, the parties shall continue the current
practice concerning flex-time off.
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 Dutv
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
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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;
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. Modified Work Schedule
The parties agree to consider modifications to the normal work schedule and rotation cycle for
employees, for a specified period, as agreed to between the Chief, or designee, and the
employee. Such changes shall not be precedent setting. If such modified work schedules are
approved by the Police Chief, or designee, the employee, and the Association, the parties agree
to allow members of the bargaining unit to work such mutually agreed schedules.
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 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.
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ARTICLE 6 - SICK LEAVE
Section 6.1. Sick Leave Beiril
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 10/01/77, 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 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.)
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 Injury 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.
The first three (3) calendar days following the date of injury is defined as the time loss"waiting
period". The employee shall use accrued leave to cover any time off for scheduled work shift(s)
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during these three (3) days. The waiting period shall be reimbursed if the time loss extends
beyond fourteen (14) calendar days in accordance with Labor & Industries (L&I) regulations.
Employees injured on-duty and qualified for"Workers Compensation time loss 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
provide insurance benefits as outlined in Article 19 Insurance Coverage. The employee 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.
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.
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3. The amount of time that will be allowed for assignment to light-duty status is up to sixty
(60) days; provided that 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.
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 an employee is required to work on a holiday or 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.
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ARTICLES - 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 employee is attending an accredited State institution, the employee shall be reimbursed
based upon that institution's tuition schedule. If an employee is attending a non-State
supported institution, the employee shall be reimbursed on the basis of the University of
Washington tuition schedule.
Section 8.2. Employees - Policy
The City shall reimburse an employee 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 personnel 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.
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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 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 EmRloyment Annually Monthly
1st through 4th year 96 hours 8 hours
5th through 9th year 120 hours 10 hours
loth 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
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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.
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 be taken. A maximum of ten (10) days of sick leave may be granted for
this purpose.
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ARTICLE 12 - MANAGEMENT RIGHTS
Section 12.1. General Management Rights
The Association recognizes that areas of responsibilities must be reserved to management if it is
to function effectively. In recognition of this principle, it is agreed that the following
responsibilities are not subject to collective bargaining and are management responsibilities of
the City. Unless specifically modified by sections in this Agreement, management retains the
exclusive right to:
A. Determine the management organization, the selection, retention, and promotion
for occupations not within the scope of this Agreement.
B. Direct employees of the City in the performance of their official duties.
C. To hire, evaluate, promote, transfer, assign, and retain employees in positions in
the City, and to suspend, demote, discharge, or take other disciplinary action
against such employees for just cause.
D. To determine the 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 commissioned 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 12.2. 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:
A. The City will not hire any temporary part-time employees to work within the
bargaining unit without obtaining written agreement from the Association;
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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 13 - PERFORMANCE OF DUTY
Section 13.1. 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 13.2. 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 14 - CONFERENCE BOARD— N/A
ARTICLE 15 - GRIEVANCE PROCEDURE
Section 15.1. 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.
Section 15.2. 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 15.3. 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
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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 15.4. 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 15.5. 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 applicable)
If the grievance is not resolved as provided in Step 1, it shall be forwarded to the
Deputy Chief, if applicable, by the aggrieved employee or Association
representative within seven (7) calendar days. The Deputy Chief 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.
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 within fourteen (14)
calendar days of the receipt of the grievance. 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, whichever occurs
later.
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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 parry to serve as an arbitrator. In the
event that the P
agree parties are unable to a upon an arbitrator, the arbitrator shall
P 9
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; and
C. Remedy sought.
Section 15.6. 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.
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 15.7. Actions subject to 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
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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 15.8. 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 16 - 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 16.1. Bill of Rights
In an effort to ensure that investigations made by an employee, 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 members of this bargaining unit 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
2. Misconduct that would be grounds for termination, suspension, or other
disciplinary action (greater than written reprimand).
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. Any employee interviewed in an 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. Any employee who is the subject of an investigation shall be informed, in writing, at
least twenty four (24) hours before any interview of the following:
1. That the employee is considered a subject of the investigation, at that stage,
2. The nature of the investigation,
3. Who is the complainant and/or the victim,
4. What allegedly took place,
5. When it allegedly happened, and
6. Where it allegedly happened.
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The employee shall also 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.
E. Employees placed on paid administrative leave pending an investigation may be placed
on Day shift to be available for interviews during normal City business hours.
F. The interview of any employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigency of the interview dictates otherwise. Interviews
shall be completed under circumstances devoid of improper intimidation or coercion.
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.
G. At the cost of the requesting party and in accordance with Washington State Law, RCW
9.73, the employee or City may request that an investigation interview be recorded,
either mechanically or by a stenographer. There can be no "off-the-record" questions.
Upon request, the employee under an investigation shall be provided an exact copy of
any written statement the employee has signed, or at the employee's expense a
verbatim transcript of the interview.
H. No employee shall be required to submit to a polygraph examination. The employee will
not be dismissed or have any other penalty imposed upon them for not taking this
examination. This provision shall not apply to the initial application process for
employment.
I. Employees retain all of their constitutional rights. During an investigation in which an
employee has been given their Garrity rights, the employee will be compelled to answer
questions directly related to and narrowly focused on the investigation. However, any
information gained from the employee cannot be used against that employee in any
criminal investigation.
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 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 16.2. 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.
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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.
3. Whenever an employee is directly involved in an incident which results in a
fatality, the employee will be required to have a psychological assessment and
counseling prior to returning to full duty. Employees who are Indirectly involved
in such fatal incidents are encouraged to seek psychological assessment and
counseling. The City will continue to pay for these visits.
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.
ARTICLE 17 - COMPENSATION
Section 17.1. Salaries
The Lieutenant and Captain ranks will receive across the board increases (COLA's) of 2.5%
effective January 1, 2006 and 4.6% effective January 1, 2007. Thereafter, salaries will be
established pursuant to Article 18. This results in a 2006 base wage of $7,233 per month for
Lieutenants and $7,969 per month for Captains. These wages have been established based
upon the existing wage differential between the ranks. The intent of the parties is to maintain
this differential except as provided for in Article 18 Future Changes.
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Section 17.2. 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 17.1. 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 17.3. Working Out of Classification
A. Any employee who is assigned to perform duties of a higher paying classification for
periods of one full week or more, shall be paid at the rate of the higher classification.
An employee acting as Police Chief or Deputy Police Chief shall be paid at the Deputy
Chief's base pay rate.
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 17.4. 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 17.4.1. 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 for 2006.
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Completion of Pay
5 years Two percent (2%)
10 years Three percent (3%)
15 years Four percent (4%)
20 years Five percent (5%)
Effective January 1, 2007, members of this bargaining unit shall be paid longevity pay in
accordance with the following schedule:
Completion Pay
5 years Two percent (2%)
10 years Three percent (3%)
15 years Four percent (4%)
20 years Six percent (6%)
25 years Seven percent (7%)
The Longevity schedule may change in accordance with Article 18 Future Changes.
Employees shall receive longevity pay for the highest level of longevity with the City. There
shall be no pyramiding of longevity pay.
Subsection 17.4.2. 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.
Degree Pay
Associate (AA) One percent (1%)
Bachelor (BA or BS) Three percent (3%)
There shall be no pyramiding of educational incentive pay.
It is the employee's responsibility to provide proof of qualification. Employees who fail 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 17.5. 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.
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Section 17.6. Clothing and Equipment
A. The City shall furnish employees with clothing and equipment necessary to enable them
to perform their assigned duties. Quantity of Items shall be in accordance with past
practice.
B. Necessary articles of equipment may include, but are not limited to, flashlights,
batteries, notebooks, computers, pens/pencils and other necessary minor articles of
equipment of a nature specified herein. In addition, this Includes any safety equipment
which might be formally recommended by the police administration and funded with the
Police Department budget.
C. The City will repair or replace damaged clothing or equipment 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.
D. The City shall provide uniforms in accordance with past practice. Cleaning and laundry
of uniforms supplied by the City shall be the responsibility of the employee. Approved
accessories to the uniform, which are optional in nature, shall be provided by the
employee according to personal preference.
E. 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. However, employees are generally expected to use
reasonably priced personal property/accessories while on duty.
F. Members of the bargaining unit will be allotted:
1. $600 per year for civilian clothing. This allowance may be 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 17.7. 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 17.8. Timely Compensation
Employees will receive their payroll checks by 12:00 noon on the designated payday.
Concerning employees who wish to participate in the direct deposit option offered by the City
for automatic deposit of paychecks to the banking institution of the Employee's choice, it is
agreed that the timeliness of having funds available by 12:00 (noon) of any given payday can
no longer be guaranteed by the City due to the possibility of unforeseen banking computer
system problems that may arise from time to time. Employees who opt to participate in this
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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 17.9. Deferred Compensation
A. Effective January 1, 2006, the City will contribute three percent (3%) of a Police
Lieutenant's annual base pay to each bargaining unit member's 457 deferred
compensation program.
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. 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.
C. New hires or newly promoted employees will be eligible to commence participation in
the City's contribution into their deferred compensation program based on their date of
hire or date of promotion into this bargaining unit. If an employee Is hired/promoted
between the 1st and 7th or the 16th and 22nd of the month, the employee will be
eligible for the full contribution amount for that pay period. 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 contribution program until the following pay cycle.
The designated open enrollment period for a new hire or newly promoted employee for
the initial employment/promotion year shall be the employee's first two weeks of
employment/promotion with the Kent Police Department in this bargaining unit.
Section 17.10. Accreditation Pax
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 17.11. Comparable Jurisdictions
The following were mutually agreed as comparable jurisdictions during the negotiation of the
last Agreement.
AUBURN
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BELLEVUE
BELLINGHAM
EVERETT
FEDERAL WAY
KIRKLAN D
OLYMPIA
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 18— FUTURE CHANGES
The City of Kent ( City') and the Kent Police Officers Association ("Association', representing
police captains and lieutenants ("Association CL'�, agree that it would be mutually beneficial to
minimize the bargaining process in the future. The members of the Association CL are
supervisors at the City, and protracted bargaining is detrimental to the overall management and
operation of the Police Department and the City.
As such, the parties have agreed that with regard to the major economic items of wages,
medical insurance, deferred compensation, and longevity, the mutual expectation of the parties
is that the Captains and Lieutenants will receive the same changes as received by the members
of the rank and file unit. For wages, this means that the timing and amount of the annual
percentage increase will be the same for the two bargaining units. If there is a change in the
deferred compensation contribution or longevity schedule of the rank and file unit, it will also be
applicable to the Association CL. Any health care changes agreed to by the rank and file unit
(including, without limitation, changes in employee premiums or co-pays, plan changes, and/or
plan redesign) will be effective for the Association CL at the same time that they become
effective for the rank and file unit.
It is also recognized that on occasion the rank and file unit will negotiate an increase in wages,
deferred compensation or longevity in exchange for increased flexibility or other management
objective(s) of the City. The intent of the parties is that when this occurs, the City may reopen
this Agreement in order to negotiate a similar or related change for the Association CL. In this
event, the increase In wages, deferred compensation or longevity will become effective only
upon resolution of the reopened contract bargaining as will the change in the contract itself. In
the event the change is unique to the rank and file unit and does not effect the wages, hours or
working conditions of the captains' and lieutenants' unit, and the increase in wages, deferred
compensation or longevity is clearly linked to the change in the wages, hours or working
conditions of the rank and file bargaining unit, the increased compensation will not be
applicable to the Association CL
Any changes to any wage, hour or working condition contemplated after the expiration of this
agreement and during a contract hiatus, shall not be implemented until such time as the
parties have signed a new bargaining agreement. This Article is not intended a.) to interfere
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with negotiated effective dates of changes in labor agreements between the City of Kent and
the captains' and lieutenants' bargaining unit; or b.) in any way to prohibit the parties from
mutually agreeing to wages, hours and working conditions (either higher or lower) than that
which exists in the rank and file unit.
This agreement is intended to provide guidance to both the parties and to any future interest
arbitrator. In reaching this agreement, the parties recognize that their future negotiations will
be guided by the rank and file settlement and economics. In any interest arbitration
proceeding, there shall be a strong presumption that the status quo doctrine shall be applied to
the bargaining and economic relationships established by this agreement, rather than reliance
on comparables.
ARTICLE 19 - INSURANCE COVERAGE
Section 19.1. Health Care Insurance
Subsection 19.1.1. Plans Offered
The following health care plans are offered to bargaining unit members:
A. City's self-insured healthcare plan administered by Premera Blue Cross with
Vision Service Plan (VSP); and
B. Group Health Cooperative (HMO), with $10.00 copays for office visits and
prescription drugs and $50 copay for emergency room visits; Blue Cross Dental;
and VSP Vision.
This Section may be re-opened by mutual consent during the life of this Agreement for the
negotiation of possible implementation of a third (3rd) healthcare plan, which may include a
Health Savings Account (HSA). This section may also be modified in accordance with Article 18
Future Changes.
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 for 2006:
Preferred Group Health
Employee/Spouse $27/mo. 25/mo.
Employee/Children 23/mo. 15/mo.
Employee/Family 44/mo. 65/mo.
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Effective January 1, 2007, the employee shall pay twelve percent (12%) of the dependent's
portion of the monthly premiums of the selected plan, to a maximum of $115.00 per month.
This section may be modified in accordance with Article 18 Future Changes.
Subsection 19.1.4. 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
The Kent Police Officers Association shall determine and administer the premiums and benefits
of its own Long Term Disability insurance program.
The City's only responsibility is to make premium deductions as specified by the KPOA through
Association members' payroll on behalf of the KPOA.
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 &
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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.
Section 19.7. Retirement Health Savings Account (VEBA)
The parties are aware that the City is in the process of designing and implementing a
Retirement Health Savings (RHS) Account for employees of the City. The program, Including its
plan design and deduction/deferment/contribution options are currently under review by the
Internal Revenue Service (IRS). Once the City's plan design and deferment options have been
approved, it is the City's intent to implement this RHS program.
Once the City has established and implemented the RHS program, members of this bargaining
unit will be provided the opportunity to participate in such program in accordance with the
program's rules and the IRS regulations.
As part of the plan design, the City has requested the option for employees of this bargaining
unit to have the option to use the City's deferred compensation contribution (Section 17.9
Deferred Compensation) to be contributed to their RHS plan in lieu of contributing the amount
to their Deferred Compensation plan. The City has also requested for employees of this
bargaining unit to have the option to defer their annual sick leave buy back checks into their
RHS plan in lieu of receiving cash payments. If these options are approved by the IRS, the City
will implement such as soon as is feasible. If the IRS approves a modified deferral method, the
City will discuss such modification(s) with the bargaining unit.
The parties agree that at no time will the City be obligated to implement any RHS plan design
or deferment option(s), which may be in violation of IRS rulings or codes.
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 healthy work environment, to
protect the public and reduce overall risk, the members of the bargaining unit agree to comply
with the City and Department policies concerning "Tobacco Use".
ARTICLE 22 - SUBSTANCE ABUSE TESTING
The procedur
e e 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.
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Section 22.1. Policv
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
22.5 and 22.6 of this article. Employees participating in treatment programs are expected to
observe all job 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 job
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.
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
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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
P
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.
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 metabolltesl............. 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.
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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 metabolitesl........ 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-g-tetrahydrocannabinol-g-carboxylic acid
(2) Benzoylecgonlne
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.
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 22.4, 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
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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.
Section 22.10. Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 22.5 and 22.6 of this article
as determined by the Medical Review Physician in Section 22.7 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.
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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.
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Section 22 14 Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 22 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
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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 parry to bargain with respect to any subject or
matter specifically covered by this agreement.
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ARTICLE 25 -TERM OF AGREEMENT
This Agreement shall become effective January 1, 2006, and shall remain in force until
December 31, 2008. -
Signed this day of 2006, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICERS ASSOCIATION
B S:zzzzL B��Y�
Suzett C e, Mayor Todd Durham, Association President
By �L By
` ue Viseth, Robert Cline,
Employee Services Director Negotiations Team Member
By G4 c ByCZU n
Anh Hoang, Randy Bou n ,
Labor Relations Ma r Negotiations-Team Member
By
uck Miller, Lisa Price,
Negotiations Team Member Negotiations Team Member
By
L.- &,
aron Barber,
Negotiations Team Member
Approved as to form:
�
City Attorney
Att
/ q a
City Clerk
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