HomeMy WebLinkAboutES08-107 - Original - Kent Police Officers Association - Police Captains and Lieutenants - Labor Agreement 05/01/2008 -12/31/2011 ez-�
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CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE CAPTAINS AND LIEUTENANTS
LABOR AGREEMENT
MAY 1, 2008 THROUGH DECEMBER 31, 2011
TABLE OF CONTENTS
TABLE OF 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............................................................1
SECTION 1.4. BULLETIN BOARD SPACE...................................................................................1
SECTION 1.5. ASSOCIATION OFFICIALS'RELEASE TIME...............................................................2
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 ....................................................... 5
SECTION 3.1. SENIORITY DEFINITION....................................................................................5
SECTION 3.2. PERSONNEL REDUCTION...................................................................................5
SECTION 3.3. SEVERANCE PAY/NOTICE ..................................................................................5
SECTION 3.4. ESTABLISHMENT OF REINSTATEMENT REGISTERS....................................................6
SECTION 3.5. EMPLOYEE STATUS WHEN REINSTATED ................................................................6
SECTION 3.6. EEO/NONDISCRIMINATION ...............................................................................6
SECTION 3.7. PERSONNEL FILES...........................................................................................6
ARTICLE 4 - HOURS OF WORK .................................................................... 8
SECTION 4.1. WORK DAY AND WORK WEEK............................................................................8
SECTION 4.2. EXECUTIVE LEAVE...........................................................................................8
SECTION 4.3. CALL OUT DUTY.............................................................................................8
SECTION 4.4. MODIFIED WORK SCHEDULE..............................................................................9
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES .......... 9
SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES..............................................................9
ARTICLE 6 - SICK LEAVE........................................................................... 10
SECTION 6.1. SICK LEAVE BENEFITS.................................................................................... 10
SECTION 6.2. SICK LEAVE ACCRUAL..................................................................................... 10
A. LEOFFI Employees............................................................................................ 10
B. LEOFFII Employees........................................................................................... 10
SECTION 6.3. LEOFF II SICK LEAVE USAGE .......................................................................... 10
SECTION 6.4. LEOFF II EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION ................................... 11
SECTION 6.5. LEOFF I EMPLOYEES LEAVE TO CARE FOR SICK DEPENDENTS .................................. 12
SECTION 6.6. SICK LEAVE INCENTIVE/BUY-OUT PROGRAM........................................................ 12
SECTION6.7. LIGHT DUTY................................................................................................ 13
ARTICLE 7 - HOLIDAYS............................................................................. 13
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ARTICLE 8 - EDUCATION ALLOWANCE...................................................... 14
SECTION 8.1. TRAINING AND EDUCATION REIMBURSEMENT POLICY............................................. 14
SECTION 8.2. TRAINING AND EDUCATION APPROVAL PROCESS................................................... 15
SECTION 8.3. CLASS ATTENDANCE...................................................................................... 16
SECTION 8.4. REIMBURSEMENT PROCEDURES......................................................................... 16
SECTION 8.5. TRAINING ALLOWANCE................................................................................... 16
ARTICLE 9 - ANNUAL LEAVE ..................................................................... 17
SECTION9.1. ANNUAL LEAVE............................................................................................. 17
SECTION 9.2. SCHEDULING ANNUAL LEAVE............................................................................ 17
SECTION 9.3. MAXIMUM ACCRUAL....................................................................................... 17
ARTICLE 10 - PENSIONS........................................................................... 17
ARTICLE 11 - BEREAVEMENT .................................................................... 18
ARTICLE 12 - MANAGEMENT RIGHTS........................................................ 18
SECTION 12.1. GENERAL MANAGEMENT RIGHTS..................................................................... 18
SECTION 12.2. VOLUNTEERS AND TEMPORARY EMPLOYEES........................................................ 19
ARTICLE 13 - PERFORMANCE OF DUTY ..................................................... 19
SECTION 13.1. NON-STRIKE PROVISIONS............................................................................. 19
SECTION 13.2. PERFORMANCE OF DUTY............................................................................... 20
ARTICLE 14 - CONFERENCE BOARD - N/A ................................................ 20
ARTICLE 15 - GRIEVANCE PROCEDURE..................................................... 20
SECTION 15.1. GRIEVANCE DEFINITION ............................................................................... 20
SECTION 15.2. REPRESENTATION DURING GRIEVANCES............................................................ 20
SECTION 15.3. EXCEPTIONS TO TIME LIMITS......................................................................... 20
SECTION 15.4. CLASS ACTION ........................................................................................... 20
SECTION 15.5. STEPS AND TIME LIMITS............................................................................... 20
SECTION 15.6. ARBITRATOR'S AUTHORITY............................................................................ 22
SECTION 15.7. ELECTION OF REMEDIES ............................................................................... 23
SECTION 15.8. RETROACTIVITY.......................................................................................... 23
ARTICLE 16 - POLICE OFFICERS' BILL OF RIGHTS.................................... 23
SECTION 16.1. BILL OF RIGHTS.......................................................................................... 23
SECTION 16.2. PSYCHOLOGICAL EVALUATIONS....................................................................... 25
ARTICLE 17 - COMPENSATION.................................................................. 26
SECTION17.1. SALARIES.................................................................................................. 26
SECTION 17.2. COMMUNITY SERVICE DUTIES ........................................................................ 27
SECTION 17.3. WORKING OUT OF CLASSIFICATION................................................................. 27
SECTION 17.4. LONGEVITY AND EDUCATION INCENTIVE PAY......................................................28
Subsection 17.4.1. Longevity Pay..............................................................................28
Subsection 17.4.2. Educational Incentive....................................................................28
SECTION 17.5. EFFECTIVE DATE OF COMPENSATION INCREASES.................................................29
SECTION 17.6. CLOTHING AND EQUIPMENT........................................................................... 29
SECTION 17.7. COMPENSATION FOR TRAINING....................................................................... 30
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SECTION 17.8. TIMELY COMPENSATION................................................................................30
SECTION 17.9. DEFERRED COMPENSATION............................................................................30
SECTION 17.10. ACCREDITATION PAY..................................................................................31
SECTION 17.11. COMPARABLE JURISDICTIONS.......................................................................31
ARTICLE 18 - FUTURE CHANGES .............................................................. 31
ARTICLE 19 - INSURANCE COVERAGE....................................................... 32
SECTION 19.1. HEALTH CARE INSURANCE............................................................................. 32
Subsection 19.1.1. Plans Offered...............................................................................32
Subsection 19.1.2. Employee Coverage......................................................................33
Subsection 19.1.3. Dependent Coverage....................................................................33
Subsection 19.1.4. LEOFFI Health Coverage Requirement...........................................34
SECTION 19.2. LIFE INSURANCE......................................................................................... 34
SECTION 19.3. LONG TERM DISABILITY INSURANCE ................................................................34
SECTION 19.4. FORMS HANDLING.......................................................................................34
SECTION 19.5. HEALTH CARE COMMI17EE ............................................................................34
SECTION 19.6. HEPATITIS B VACCINATION PROGRAM..............................................................34
SECTION 19.7. RETIREMENT HEALTH SAVINGS ACCOUNT(RHS) ................................................35
ARTICLE 20 - MILITARY LEAVE................................................................. 35
ARTICLE 21 - TOBACCO FREE WORK PLACE .............................................. 35
ARTICLE 22 - SUBSTANCE ABUSE TESTING............................................... 36
SECTION22.1. POLICY.....................................................................................................36
SECTION 22.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING ............................... 36
SECTION 22.3. EMPLOYEE TESTING..................................................................................... 37
SECTION 22.4. SAMPLE COLLECTION ...................................................................................37
SECTION 22.5. DRUG TESTING...........................................................................................38
SECTION 22.6. ALCOHOL TESTING......................................................................................39
SECTION 22.7. MEDICAL REVIEW PHYSICIAN.........................................................................39
SECTION 22.8. LABORATORY RESULTS.................................................................................39
SECTION 22.9. TESTING PROGRAM COSTS............................................................................39
SECTION 22.10. REHABILITATION PROGRAM .........................................................................40
SECTION 22.11. DUTY ASSIGNMENT AFTER TREATMENT...........................................................40
SECTION 22.12. RIGHT OF APPEAL......................................................................................40
SECTION 22.13. ASSOCIATION HELD HARMLESS.....................................................................40
SECTION 22.14. CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM............................41
ARTICLE 23 - SAVINGS CLAUSE................................................................ 42
ARTICLE 24 - ENTIRE AGREEMENT ........................................................... 42
ARTICLE 25 - TERM OF AGREEMENT......................................................... 43
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PREAMBLE
This agreement herein contains the entire agreement between the Kent Police
Officers Association (hereinafter known as the "Association") and the City of Kent,
Washington (hereinafter known as the "City"). The purpose of the City and
Association in entering into this agreement is to set forth their complete agreement
with regard to wages, hours and working conditions for the employees in the
bargaining unit so as to promote the efficiency of law enforcement; public safety;
the morale and security of employees covered by this agreement; and harmonious
relations 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.
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Section 1.5. Association Officials' Release Time
A. Time off with pay shall be limited to regular negotiations sessions between
the City and the Association negotiating team members during their
scheduled duty hours. This section shall apply only to members of the
Association's negotiating team and members who may be required to
participate.
B. Association employee representatives shall be allowed a reasonable amount
of on-duty time to administer the terms of this agreement. This clause
implements the current practice of the parties, and is not intended to expand
the use of on-duty time by Association representatives.
C. Time off required by Association members to prepare for or attend
compulsory arbitration meetings or hearings shall be considered leave
without pay, unless substitute coverage is provided for by Association
members at no additional cost to the City to replace those designated
employees who are required to be absent from their shifts. It shall be the
Chief's responsibility to determine staffing levels required on all shifts. It
shall be the Chief's decision as to whether substitute coverage is necessary
to attend compulsory arbitration proceedings.
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 training
shall be shared by the Union, the 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.
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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 Vt of
each year.
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 promotional probationary period, the
probationer shall be entitled to the protection of the grievance procedure as
outlined in Article 15 - .GRIEVANCE PROCEDURES; however, the
determination of the employee's success or failure of probation may not be
challenged under the grievance procedure. If the employee is unsuccessful
in their promotional probationary period, the employee has the right to
revert back to their immediately prior 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:
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A. The City agrees to the deduction of Association dues uniformly levied
by the Association for those employees who elect to become members
of the Association and who request in writing to have their regular
semi-monthly Association dues deduction checked off on the basis of
individually signed voluntary check-off authorization cards.
B. Each pay period, the City shall remit to the Association all dues
deducted together with a list of employees and the amount deducted
from each employee. The City agrees to notify the Association of new
employees within thirty (30) days of the date of hire or promotion.
C. All employees who elect not to become members of the Association
shall, in lieu of Association membership, pay to the Association a
regular monthly service fee equal to the Association dues schedule in
effect for that employee as a semi-monthly contribution towards the
administration of this agreement. Such fees shall not exceed the
maximum agency fee allowed by law. Employees failing to honor their
Association security obligations shall be discharged, after thirty (30)
days' written notice, at the request of the Association.
D. The Association agrees to indemnify and hold the City harmless
against any and all claims, suits, orders and other judgments brought
or issued against the City by third parties as a result of any action
taken by the City under the provisions of this Section, unless caused
by the negligence of the City.
E. The Association and City agree that the City will not make any other
deductions on behalf of the Association, except those described above.
F. In accordance with state law, employees covered by this Agreement
who are forbidden from joining a labor organization based on bona fide
religious tenets or teachings of a church or religious body of which
such employee is a member shall pay an amount of money, equivalent
to regular Association dues and initiation fee, to a non-religious charity
or to another charitable organization mutually agreed upon by the
employee and the Association.
The employee shall furnish written proof that such payment has been
made. If the employee and the bargaining representative do not reach
agreement on such matter, the Public Employment Relations
Commission shall designate the charitable organization.
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ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1. Seniority Definition
A. Seniority, for the purpose of vacation bids, layoffs and reductions in rank
resulting from personnel reductions, shall be defined as the employee's
length of permanent service within their current rank or classification, less
any adjustments due to layoff, approved leaves of absence without pay
(unless otherwise agreed to by the City), periods of 24 months or less
between resignation and reinstatement according to Civil Service procedures,
or other breaks in service. In the case of an employee who has been
reduced in rank or classification, their seniority shall include time spent in the
higher rank(s) or classification(s).
B. Seniority (unless otherwise defined elsewhere within this agreement), for all
other purposes, shall be defined as the employee's length of permanent
service with the City of Kent, less any adjustments due to layoff, approved
leaves of absence without pay (unless otherwise agreed to by the City),
periods of 24 months or less between resignation and reinstatement
according to Civil Service procedures, or other breaks in service.
Section 3.2. Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees in this unit, the following
basic provisions will apply:
1. 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.
2. 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.
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Section 3.4. Establishment of Reinstatement Registers
A. The names of employees who have been laid off or reduced in rank shall be
placed upon a reinstatement register for the same classification from which
laid off or reduced in rank. This reinstatement register shall be in effect for
two years from the date of layoff or reduction, and shall take priority over
other hiring or promotional lists.
B. Refusal to accept regular full-time work with the Kent Police Department
from a reinstatement register shall terminate all rights granted under this
rule, provided the work is in the same classification from which the employee
was laid off.
C. Order of Reinstatement - If a vacancy is to be filled from the reinstatement
register, recall shall be made on the basis of length of service within the
classification. The regular employee on such register who has the most
service credit shall be first reinstated except in the cases of reduction in rank
where reinstatement shall be made by time of service in that rank.
Section 3.5. Employee Status When Reinstated
In the event a non-probationary employee leaves the service of the City due to
reduction in force and within the next two years the City rehires said former
employee in the same classification to which assigned at the date of reduction, such
employee shall be placed at the step in the relative salary range which he/she
occupied at the time of the original reduction.
Section 3.6. EEO/Nondiscrimination
It is agreed that the City and Association are mutually obligated to provide equal
employment opportunity, consideration and treatment to all employees of the Kent
Police Department. Where the masculine or feminine gender is used in this
Agreement it is used solely for the purpose of illustration and shall not be construed
to indicate the gender of any employee or job applicant.
Section 3.7. Personnel Files
A. The personnel files are the property of the City and shall be kept under the
direct control of the Police 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
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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 subject to
disclosure 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 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.
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ARTICLE 4 - HOURS OF WORK
Section 4.1. Work Day and Work Week
Recognizing that flexibility is required in the scheduling of assignments for
command personnel, the normal work week shall be the equivalent of forty (40)
hours per week on an annualized basis. The normal work schedule shall either be
five eight-hour days, four ten-hour days, or the 9-80 schedule. The determination
of which schedule an employee will work shall be made by the employee, except
that Patrol Lieutenants shall work the four-ten schedule. Scheduling changes may
be made by the Police Chief when there is an operating need requiring a different
schedule than that selected by the employee.
Section 4.2. Executive Leave
It is recognized that employees will be required to spend additional time over and
above their regular 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 shall receive executive leave time each year in lieu of
overtime/standby pay in the amount of 106 hours for the 2008 calendar year,
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.
Effective January 1, 2009, employees of the bargaining unit shall receive the
equivalent of one hundred (100) hours of executive leave per year. However, in
lieu of receiving such leave time, the base pay of Captain and Lieutenant ranks
outlined in Section 17.1. Salaries, shall be increased by 4.80769%. This in effect,
eliminates the accrual, use and cash out of executive leave. The parties agree that
the 4.80769% in base pay represents the additional time and commitments the
Captains and Lieutenants have as management employees of the Department but
are not paid for because of their FLSA exemption status.
It is understood that this Agreement shall be interpreted and applied in a manner,
which will ensure, to the fullest extent possible, the continued exempt status of
Lieutenants and Captains.
Section 4.3. Call Out Duty
The parties recognize the benefits of a call-out duty program, which would provide:
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1. A systematic avenue for the department to maintain communications
with the command staff during off-duty hours;
2. Cross-training of all employees assigned to call-out rotation; and
3. Flexibility to employees during off duty hours for uninterrupted
personal activities.
To this end, the parties agree to establish a call-out duty program as follows:
1. Each member of the bargaining unit (all Lieutenants and Captains) will
be placed on standby for a one-week rotation basis;
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
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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.
ARTICLE 6 - SICK LEAVE
Section 6.1. Sick Leave Benefits
All sick leave benefits for "LEOFF" personnel shall be in accordance with the Revised
Code of Washington (RCW), provided however, that LEOFF I employees of the Kent
Police Department shall not be required to submit sick leave approval requests to
the LEOFF Board for absences due to illness that do not extend beyond three (3)
consecutive working days. Approval for up to and including three (3) days sick
leave for any one occurrence shall be the responsibility of the Chief of Police or
designee.
Section 6.2. Sick Leave Accrual
A. LEOFF I Employees
Officers hired by the City prior to 10/01/77, 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.
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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) 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 workers compensation supplemental pay period, the
employee shall continue to accrue annual leave and sick leave benefits. The six (6)
months worker's compensation supplemental pay by the City shall be interpreted as
six (6) months per consecutive time loss period (unless an exception is granted by
the Employee Services Director), or six (6) months of supplemental pay per
qualifying injury/illness, whichever is less.
Interpretations of and/or exceptions to the six (6) month supplemental pay period
may be granted by the Employee Services Director for multiple injuries. City
supplemental pay for multiple qualifying on-the-job injury time losses shall run
concurrent. However, if the employee is unable to return to work within six (6)
consecutive months from the beginning of the first time loss claim due to treatment
for other qualifying worker's compensation claim(s) for which the employee is
approved time loss, the employee may be granted time loss supplemental pay
beyond the six (6) months per consecutive time loss period to six (6) months per
injury. Such may be granted only if the employee has:
1. Identified all workplace injuries/illnesses, that the employee is aware
of, with a qualified health care provider within fourteen (14) days from
the date of the workplace injury which required the initial time loss.
This fourteen (14) day period may be extended by a reasonable time
frame if the extension is required due to reasons beyond the
employee's control and if such is approved by the City's Risk
Management staff.
2. The employee has kept in regular contact with the City's Risk
Management staff to actively take care of all injuries and/or illnesses
in the shortest timeline possible.
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At no time will the employee be provided more than one (1) six (6) month period of
worker's compensation supplemental pay per injury/illness (per worker's
compensation claim).
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 portion(s) 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
A. Employees hired prior to January 1, 2008, 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.
B. Employees hired prior to January 1, 2008, who retire or separate in good
standing from the City, will be compensated for the hours, up to 1,040 hours,
remaining in their sick leave bank based upon their tenure as commissioned
officers with the Kent Police Department. Compensation shall be made at the
following percentage of the employee's hourly rate in effect at the time of
retirement:
Completion of fifteen (15) years - twenty percent (20%)
Completion of twenty (20) years - forty percent (40%)
Completion of twenty-five (25) years - sixty percent (60%)
Completion of thirty (30) years - eighty percent (80%)
C. Employees hired on/after January 1, 2008 shall be eligible for the sick leave
incentive program per City Policy, as now or hereafter amended.
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Section 6.7. Light Duty
In the event an employee becomes sick or disabled the employer may allow the
LEOFF II member to return to work in a light duty status.
1. A light duty status job may be assigned so as to permit the employee to
continue working within the Department in a duty capacity that the employee
is physically capable of performing in accordance with the conditions set forth
by the employee's physician while continuing to be paid at the employee's
normal rate of salary.
2. Such assignment is contingent upon the medical prognosis of full physical
recovery from the employee's disability within a reasonable period of time.
3. The 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
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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.
ARTICLES - EDUCATION ALLOWANCE
Section 8.1. Training and Education Reimbursement Policy
The City recognizes the need to encourage and promote education opportunities for
employees, subject to budgetary limitations.
A. Training. The City will pay for or reimburse personnel for costs incurred in
receiving required and/or approved job related training upon satisfactory
completion of such training. Such training must be pre-approved by the
Chief, or designee. Costs eligible for City payment or reimbursement include
registration, books, and fees associated with such training. Employees must
submit for approval in accordance with Section 8.2 Training and Education
Approval Process and for reimbursement in accordance with Section 8.4
Reimbursement Procedures.
B. Education. Employees who wish to attend classes offered by schools,
colleges, or universities may receive reimbursements upon successful
completion ("C" grade or better) of such if the classes are pre-approved in
accordance with the following:
1. The employee must have successfully passed their initial probationary
period of employment;
2. The employee must not have received any discipline greater than a
written reprimand within the last twelve (12) months;
3. The class(es) must relate to the employee's current position or a
promotional position within the employee's career path;
4. Costs eligible for reimbursement include tuition, fees associated with
such class(es), and fifty percent (50%) of books;
5. If a commissioned officer is attending an accredited State institution,
the officer shall be reimbursed based upon that institution's tuition
schedule. If an officer is attending a non-State supported institution,
the officer shall be reimbursed on the basis of the equivalent state
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institution or the University of Washington tuition schedule, whichever
has the lower cost;
6. Commissioned officers who are working in the AA Degree Police
Science Program will be reimbursed for costs of courses in that degree
program, provided the program/school is approved by the Chief and
the employee submits his training plan to the Chief for inclusion in the
budget;
7. Education reimbursements for BA degree programs must be approved
by the Police Chief, the Chief Administrative Officer and the Employee
Services Director, or their designees;
8. Employees who voluntarily separate from employment within twenty-
four (24) months after receiving education reimbursement shall repay
the City for the tuition, books and associated fees paid by the City;
and
9. Employees must submit for approval in accordance with Section 8.2
Training and Education Approval Process and for reimbursement in
accordance with Section 8.4 Reimbursement Procedures.
10. Grandfatherina. The City agrees to continue its commitment to assist
the current Captain, Mike Painter, who is enrolled in an approved
graduate study program. As such, the City agrees to apply the terms
of the 2006 collective bargaining agreement with regard to this
Captain's education expenses. This means the tuition, books and
associated fees, as approved by the Chief, shall be eligible for full
reimbursement, subject to budgetary limitations and departmental
reimbursement practices. In addition, said Captain will not be
required to repay any education reimbursements paid by the City if he
separates from employment within twenty-four (24) months of the
graduate degree program's completion. Other than this one Captain,
all bargaining unit members will be subject to the provisions of this
new Article including the City's intent to not provide education
reimbursements for graduate degree programs.
Section 8.2. Training and Education Approval Process
Employees shall submit their request for training and/or education reimbursement
by June 1 of each year for the next calendar year. Their request shall include:
A. Course list;
B. Approximate itemized cost;
C. Whether the course list is required and/or job-related training versus
education classes offered by schools, colleges, universities, or other
training organizations; and
D. Reason(s) for taking the course(s) including how the course(s) relate
to the employee's current position or a promotional position within the
employee's career path.
The Chief will then review the request for training and/or education and approve or
deny the request. Education reimbursement requests for BA degree programs will
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also be submitted to the Employee Services Director and the Chief Administrative
Officer for approval. If approved, the total cost of approved training and/or
education requests will be included in the department's annual budget request.
Once the budget is authorized, very few, if any, changes can be made. Interim
changes will be considered by the Chief and acted on only if budget is available.
Section 8.3. Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or
other training organizations must do so during their off-hours. In special cases,
subject to departmental approval, an irregular work schedule may be arranged in
order for an employee to attend courses that are not offered during off-hours.
Hours spent by an employee while attending class or studying for such class during
off-hours, will not be considered compensable hours.
Section 8.4. Reimbursement Procedures
A. If reimbursement is received through outside grant funds, or any other
potential source, including G.I. benefits, then reimbursement shall be
primarily through that source. (Student loans shall not be considered outside
funds for purposes of this section.) City reimbursement shall be secondary
for the remaining unpaid balance of the approved education costs.
B. Upon completion of pre-approved training and/or education classes, 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 pre-approved training and/or education costs must
accompany the request for reimbursement. The City will reimburse the
employee for only those costs that have been pre-approved and for which
paid receipts are attached to the reimbursement request.
D. Employees requesting reimbursement must submit the request, with the
required documentation, within thirty (30) calendar days following successful
completion of the approved course(s). Requests not received within thirty
(30) days will not be considered for reimbursement, unless good cause is
shown.
Section B.S. Training Allowance
The City will provide up to $1,000 per year, per bargaining unit member towards
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.
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ARTICLE 9 - ANNUAL LEAVE
Section 9.1. Annual Leave
Members of the bargaining unit shall receive annual leave benefits as follows:
Hours of Leave Accrued
Years of Employment 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
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.
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ARTICLE 11 - BEREAVEMENT
Employees shall be entitled to use bereavement leave in accordance with City
Policy.
ARTICLE 12 - MANAGEMENT RIGHTS
Section 12.1. General Management Riahts
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.
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Section 12.2. Volunteers and Temporary EmRloyees
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 on the following:
1. The City will have the discretion to hire back former members of this
bargaining unit as temporary part-time employees or contractors for
limited hours to allow for training and transition of organizational
knowledge, duties and responsibilities, to work on special projects, and
to perform other work as mutually agreed to between the City and the
Association. The hiring of former members shall be at the discretion of
the City. However, the special project(s) or other work to be
performed by the temporary employee or contractor shall be
negotiated and mutually agreed to between the City and the
Association.
2. The City will not hire any temporary part-time employees, other than
those referred to in paragraph A above, to work within the bargaining
unit without obtaining written agreement from the Association; and
3. The City may continue to use volunteers for records filing at the
training center, for pawn shop data entry and crime prevention.
In addition, 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.
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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. Grievance Definition
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. Representation During Grievances
Grievances processed through Step 4 under Section 15.5 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. Exceptions to Time Limits
Any time limits stipulated in the grievance procedure may be extended by mutual
agreement in writing. Failure by the Association and/or employee to comply with
any time limitation in this Article shall constitute withdrawal of the grievance.
Failure by the Employer to comply with any time limitation in this Article shall allow
the Association and/or the employee to proceed to the next step without waiting for
the Employer to reply at the previous step.
Section 15.4. Class Action
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. Steps and Time Limits
A grievance shall be processed in accordance with the following procedure:
Step 1 A grievance shall be reduced to writing and presented by the
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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 (or if it is
advanced from Step 1 because Step 2 is not applicable), 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 (or Step 1 answer
if Step 2 is not applicable). 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 15.4
Class Action, 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.
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. Within thirty
(30) calendar days of the Step 4 response, the party seeking
arbitration shall submit a letter to the opposing party indicating their
intent to arbitrate and requesting the selection of an arbiter.
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Cases that are referred to arbitration 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.
The City (through its Chief Administrative Officer or designee) and the
Association may select a third disinterested party to serve as an
arbitrator. In the event that the parties are unable to agree upon an
arbitrator, the arbitrator shall be selected from a list of nine (9)
Washington and Oregon arbitrators obtained from the Federal
Mediation and Conciliation Services, each party alternately striking a
name from the list until only one name remains.
Section 15.6. Arbitrator's Authority
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 Section 15.5, 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.
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Section 15.7. Election of Remedies
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 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. Retroactivity
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 fourteen (14) calendar 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).
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B. Any employee who becomes the subject of a criminal investigation shall have
all rights accorded by the State and federal constitutions and Washington
law.
C. The employee under investigation must, at the time of an interview, be
informed of the name of the officer in charge of the investigation and the
name of the officer who will be conducting the interview.
D. 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.
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.
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I. Employees retain all of their constitutional rights. During an investigation in
which an employee has been advised of their Garrity warnings, 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.
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. The employer may refer the employee to the selected
doctor for evaluation.
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.
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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 and/or continued
treatment, the doctor will indicate what modifications and/or treatment are
necessary and the extent and projected duration of the modification and/or
treatment plan. The employee shall follow the prescribed treatment plan.
The doctor will keep all data that has been made available to him or her
confidential and not release it to any party except the employee. Modified
work conditions may include light duty assignments as provided in Section
6.7. Light Duty.
C. If the employee is referred back to work by the doctor, but the employer still
has reasonable suspicion that the employee remains psychologically unfit to
perform the job, employer may again refer the employee back to the original
evaluating doctor for psychological evaluation per Subsection A.1. of this
Section.
D. The employer has the right to send a pre-evaluation and/or post-evaluation
questionnaire to the doctor listing any expectations, responsibilities and/or
concerns the employer may have relating to the employee. The doctor will
determine if the employee is capable of fulfilling the expectations and
responsibilities outlined and clear up the concerns specified. The doctor shall
provide such written determination to the employer prior to the employee's
return to full duty.
E. As used in this section, "doctor" refers to a psychologist or psychiatrist.
F. This section shall not be interpreted to limit the City's or employee's rights,
obligations, or access to information under the rules and regulations
applicable pursuant to the Americans with Disabilities Act, Family Medical
Leave Act, or Worker's Compensation statutes.
ARTICLE 17 - COMPENSATION
Section 17.1. Salaries
A. The Lieutenant and Captain ranks have received across the board increases
(COLA's) of three and eight-tenth of one percent (3.8%) effective January 1,
2008. This results in a 2008 base wage of $103,836 per year for the Captain
rank and a base wage of $94,248 per year for the Lieutenant rank.
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B. Effective January 1, 2009, all members of this bargaining unit shall receive a
cost of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton
CPI-W, June, index, plus a market adjustment of one-half of one percent
(0.5%). Furthermore, an adjustment to base salaries shall be made effective
on January 1, 2009 per Section 4.2 Executive Leave of this Agreement.
C. Effective January 1, 2010, all members of the bargaining unit shall receive a
cost of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton
CPI-W, June, index.
D. Thereafter, salaries will be adjusted pursuant to Article 18 Future Changes.
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 base salary as 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. If the Department
does not have a Deputy Chief assigned, the acting employee shall receive
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acting pay of ten percent (10%), not to exceed the Police Chief's actual base
pay.
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 Pax
Employees who have completed the following years of continuous service as a
regular City employee shall be paid longevity pay in accordance with the schedule
below:
Completion of Per
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%)
30 years Eight percent (8%)
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 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.
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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.
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.
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Section 17.7. Compensation for Training
The City agrees to compensate any employee for training time which is a result of
an employee's required attendance at any symposium, seminar, or training school.
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 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.
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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 2006 to 2008 Agreement.
AUBURN
BELLEVUE
BELLINGHAM
EVERETT-
FEDERAL WAY
KIRKLAND
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
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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 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:
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A. City's self-insured Enhanced Prudent Buyer (PPO) healthcare plan
administered by Premera Blue Cross with Vision Service Plan (VSP);
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;
C. Health Savings Account (HSA) and High Deductible Health Plan; and
D. 80/20% Traditional Plan.
If an employee elects option C or D above, the employee will no longer be eligible
to select option A in the future.
This Subsection 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 monthly premiums for such
health plan depending upon the coverage and plan elected.
A. For employees who select the Enhanced Prudent Buyer (PPO) plan or the
Group Health Plan:
1. The employee shall pay twelve percent (12%) of the dependent's
portion of the monthly premiums, of the selected plan, per month from
January 1, 2008 to December 31, 2008.
2. The employee shall pay fourteen percent (14%) of the dependent's
portion of the monthly premiums, of the selected plan, from January 1,
2009 to December 31, 2009.
3. Effective January 1, 2010, the employee shall pay fifteen percent
(15%) of the dependent's portion of the monthly premiums, of the
selected plan, to a maximum of one hundred and sixty dollars
($160.00) per month.
B. For employees who select the Health Savings Account (HSA) with the High
Deductible Health Plan, the City shall contribute thirty-five percent (35%) of
the employee's deductible into the employee's HSA account for the first year
in the plan.
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C. Employees who select the 80/20% Traditional Plan shall pay for their
dependents' portion of the monthly premiums at the same rate as non-
represented employees.
This Subsection 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 recognize that there must be
representation and participation by all Unions on the Committee. Therefore, the
Union agrees to designate two (2) representatives to participate in the Health Care
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
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program will be voluntary in nature and in accordance with applicable Washington
State Law, WISHA directives, and Labor & Industry regulations, and Kent Police
Department policies. Employees who wish to waive their opportunity to receive
vaccinations and follow-up tests after exposure must sign a waiver form.
Section 19.7. Retirement Health Savings Account (RHS)
The City has implemented a Retirement Health Savings (RHS) program for eligible
employees of the City. Members of this bargaining unit are eligible to participate in
this RHS program in accordance with the program's rules, IRS regulations, and the
City's deferment options. These deferment options include:
1. A semi-monthly payroll deduction of a flat dollar amount or a fixed
percentage of the bargaining unit member's base pay; and/or
2. All or a fixed percentage of the bargaining unit member's annual sick
leave incentive buyout/payment; and/or
3. All or a fixed percentage of the bargaining unit member's leave cash
out at separation of employment with the City of Kent. The member's
leaves to be included in this option are vacation, holiday, sick leave (if
sick leave cash out is applicable), and any other types of leave which
would be eligible for cash out at separation.
If the bargaining unit elects to participate in one or more of the above deferment
options, the Association understands that all members of the bargaining unit are
required to participate uniformly. The Association agrees to provide the City a
minimum of sixty (60) days advance written notice of their participation choice,
including the deferment option(s) selected, and the desired effective date. The City
agrees to implement the bargaining unit's RHS participation selection(s) effective
the first of the month following the sixty (60) days advance written notice or the
Association's desired effective date, whichever is later.
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 - TOBACCO 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".
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ARTICLE 22 - SUBSTANCE ABUSE TESTING
The procedure outlined in this article for drug and alcohol testing shall become a
part of the Labor Agreement between the City of Kent and the Kent Police Officers
Association, and shall be covered by all applicable articles within that Agreement.
Section 22.1. Poll'cv
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 with an alcohol
and/or chemical dependency shall not have that dependency used as the basis for
disciplinary action 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.
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Section 22.3. Employee Testing
Unless otherwise required by federal law, employees shall not be subject to random
urine testing or blood testing or other similar or related tests for the purpose of
discovering possible drug or alcohol abuse. If the City has reasonable suspicion to
believe an employee's work performance is impaired due to drug or alcohol use, the
City may require the employee to undergo a drug and/or alcohol test consistent
with the conditions set forth in this article.
Reasonable suspicion for the purposes of this article is defined as follows: the
City's determination that reasonable suspicion exists shall be based on specific,
articulated observations concerning the appearance, behavior, speech or body
odors of an employee and shall include, as a minimum, a written report
documenting objective, measurable changes in an employee's work performance
due to unauthorized drug or alcohol use by two (2) observers who have adequate
opportunity to observe these changes.
Section 22.4. Sample Collection
The collection and testing of samples shall be performed only by a laboratory and
by a physician or health care professional qualified and authorized to administer
and determine the meaning of any test results. The laboratory performing the test
shall be one that is certified by the National Institute of Drug Abuse (NIDA). The
laboratory chosen must be agreed to by the Association and the City. The results
of employee tests shall be made available to the Medical Review Physician.
Collection of blood or urine samples shall be conducted in a manner which provides
for the highest, reasonable degree of security for the sample and freedom from
adulteration. Blood or urine samples will be submitted as per NIDA standards
including the recognized chain of custody procedures. Employees have the right for
Association and/or legal representation to be present during the submission of the
sample. Employees shall not be witnessed while submitting a urine specimen.
Prior to submitting to a urine or blood sample, the employee will be required to sign
a consent and release form as attached to this article.
A split sample shall be reserved in all cases for an independent analysis in the event
of a positive test result. All samples must be stored in a scientifically acceptable
preserved manner as established by NIDA. All positive confirmed samples and
related paperwork must be retained by the laboratory for at least six (6) months or
for the duration of any grievance, disciplinary action, or legal proceedings,
whichever is longer. At the conclusion of this period, the laboratory's paperwork
and specimen shall be destroyed. Tests shall be conducted in a manner to ensure
that an employee's legal drug use and diet does not affect the test result.
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Section 22.5. Drug Testing
The laboratory shall test for only the substances and within the limits as follows for
the initial and confirmatory test as provided within NIDA standards. The initial test
shall use an immunoassay test procedure which meets the requirements of the
Food and Drug Administration for commercial distribution. The following initial
cutoff levels shall be used when screening specimens to determine whether they
are negative for these five drugs or classes of drugs:
INITIAL TESTING
Marijuana metabolites.............. 100 ng/ml
Cocaine metabolites................. 300 ng/ml
Opiate metabolites'................. 300 ng/ml
Phencyclidine .......................... 25 ng/ml
Amphetamines........................1000 ng/ml
(1) If immunoassay is specific for free morphine, the initial test level is 25 ng/ml.
If initial test results are negative, testing shall be discontinued, all samples
destroyed and records of the testing expunged from the employee's files. Only
specimens identified as positive on the initial test shall be confirmed using gas
chromatography/mass spectrometry (GC/MS) techniques at the following listed
cutoff values.
CONFIRMATORY TESTING
Marijuana metabolites'............. 15 ng/ml
Cocaine metabolites.................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
(') Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) eenzoylecgonine
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.
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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 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
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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.
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 Auueal
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
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worker rights arising from the administration of the drug and alcohol testing
program.
Section 22.14. Consent for Samll2ling 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
party 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 May 1, 2008, and shall remain in force until
December 31, 2011. The parties agree that this Agreement shall, as of May 1,
2008, supersede and effectively terminate the "City of Kent and Kent Police Officers
Association, Police Captains and Lieutenants, January 1, 2006 through December
31, 2008" collective bargaining agreement.
Signed this —�=_— day of , 2008, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICER ASSOCIA N
By By
4etCooke, Mayor Jeff Cobb, Associ ti President
By By
Sue Viseth, Robert Cline,
Employee Services Director Negotiations Team Member
By6LJ I By it
Anh Hoang, Lisa Price,
Labor Relation ger Negotiations Team Member
By
Cami Eckhart,
Negotiations Team Member
Approved as to form:
City Attorney
Attest:
City Clerk
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40
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
W A S M I N G T O N
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Phone (Originator): C,
Date Sent: - Date Required: I I CJg
Return Signed Document to: Ar _� CONTRACT TERMINATION DATE: �,J I ,
VENDOR NAME: DATE OF COUNCIL APPROVAL:
Brief Explanation of Document:
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received:
Approval of City Attorney: Vi ly 2PD8
City Attorney Comments: N lam& DEFT
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition: ,a/
Date Returned;° ,; `1
,a
Iage5870 • 2/04