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HomeMy WebLinkAboutES08-107 - Other - Kent Police Officers Association - Police Captains and Lieutenants - MOU Regarding Off-Duty Overtime Paid by Third Parties - 07/23/2008 T MEMORANDUM OF UNDERSTANDING By And Between The CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS And POLICE CAPTAINS AND LIEUTENANTS Regarding Off-Duty Overtime (Supplemental Overtime) Paid by Third Parties This agreement is entered by and between the City of Kent ("City") and Kent Police Officers Association representing the Police Sergeants and Officers and the Police Captains and Lieutenants bargaining units ("KPOA") to memorialize an agreement reached between the City and the KPOA regarding Kent Police Department off-duty overtime work paid by independent third parties. This Agreement is intended to supplement and become part of the current Sergeants and Officers 2008-2010 and Captains and Lieutenants 2008-2011 collective bargaining agreements ("CBA") by signature of the parties below. All wages, hours and working conditions not specified herein will be governed by current policies, procedures and practices, and the applicable CBA,. Where this agreement conflicts with the current CBA, City or Department policies, procedures and practices, this agreement will control with regard to supplemental overtime work; however, the current CBA, City and Department policies, procedures and practices shall control with regard to City overtime work and all other matters. Section 1. Purpose This agreement is specifically intended to address overtime worked by commissioned officers while off-duty (hereafter referred as "supplemental overtime"), which is funded and paid by external third parties. Such supplemental overtime is currently being worked and paid to commissioned officers off-the- books, which is not processed or recorded by the City. This agreement will change such practice so that the City will be documenting, processing and recording all such supplemental overtime. The City agrees to perform the scheduling, bookkeeping and reporting function of such supplemental overtime for the City of Kent's commissioned officers. The employees will hereafter be paid for such supplemental shifts through City payroll and be subject to all applicable payroll related taxes and benefits deductions. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POMcer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final doc MOU, Kent and KPOA Off Duty Supplemental Overtime Page 2of10 Section 2. Definition A. City overtime is defined as additional hours work for City staffing purposes or additional staffing needed due to special events planned, organized and funded by the City of Kent. B. Supplemental overtime is defined as additional hours of work which are planned/organized, funded and paid by an independent third party (hereafter referred as "non-City related events"). These are generally events which are not funded or paid by the City. Examples of supplemental overtime include, but are not limited to, security for a private business, security for a private party/event, personal protection for a non-government official, and traffic control at construction sites. C. A commissioned officer of any rank shall be hereafter referred to as "officer" or "commissioned officer". D. An employee holding the rank of Police/Patrol Officer regardless of his or her current assignment (i.e. Detectives, Training Officers, etc.) shall be hereafter referred to as "Officer". E. The Police Chief, or his designee(s), shall be hereafter referred to as "Chief". Section 3. Eligibility Commissioned officers of any rank ("officers") who have passed their new hire probationary period are eligible to work supplemental overtime. Any exceptions to an officer's eligibility to work supplemental overtime during probation will be made by the Chief at the Chief's discretion on a non-precedent setting, case by case basis. Section 4. Work Rules The officer's conduct while working supplemental overtime shall be considered on duty conduct. Commissioned officers working supplemental overtime shall be subject to all policies, procedures, practices and standards of the City and the Kent Police Department, and shall be subject to all laws, rules, and regulations of the State of Washington and/or the Federal Government applicable to police work and law enforcement. Failure to abide by applicable laws, rules, regulations, policies, procedures, practices and standards may subject the officer to disciplinary action up to and including termination of employment. The officer will be afforded all applicable protections as provided by the CBA, Civil Service rules and City and Department policies and procedures for conduct that arises while working supplemental overtime. P\PUBLIC\LCC(Labor,Class 9 Comp)\Labor\UNION\POfficer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final dot MOU, Kent and KPOA Off Duty Supplemental Overtime Page 3 of 10 Section 5. Required Paperwork A. All required paperwork resulting from the officer's supplemental overtime work should be completed during the supplemental overtime shift. B. If, due to extenuating circumstances, the officer cannot complete the required paperwork during the supplemental overtime shift, the officer will complete such paperwork during his/her next regularly scheduled work shift with the Kent Police Department. If completion of such paperwork during the next regularly scheduled work shift is not feasible or not practical, the officer will request authorization from his/her regular department supervisor or the duty supervisor for overtime to complete such paperwork. Such pre- authorized overtime will be paid at the employee's regular City overtime rate per the CBA. However, the employee shall only be paid for the actual time spent completing the paperwork and such overtime hours shall be treated as if they are annexed to the employee's work shift regardless of when they are worked. This means such City overtime to complete required paperwork shall not qualify for the minimum overtime call back provision of the Officers CBA. C. If the officer working the supplemental overtime who needs City time to complete required paperwork is a Captain or a Lieutenant, the paperwork shall be completed, with pre-authorization, on City time without additional compensation to the officer (overtime exemption status). Section 6. Work Restrictions A. No officer may work supplemental overtime while on sick leave. B. All commissioned officers must abide by the sixteen (16) hour work and eight (8) hour rest rule per Section 4.10 Rest Periods of the Officers CBA to include all hours worked for the City, for supplemental overtime, or any other work performed by the employee. C. The Chief retains the right to restrict officers from working supplemental overtime with cause (i.e. disciplinary action, performance issues/concerns, paid administrative leave, etc.). Section 7. Overtime Sign-up, Assignment and Mandating A. Sign-up for supplemental overtime work shall be voluntary on a first come first serve basis. The Chief may not mandate officers to work supplemental overtime and may not discipline an officer for refusing to work mandated supplemental overtime. However, the Chief retains the right to mandate commissioned officers to work City overtime per Section 4.2 Overtime of the Officers CBA. In addition, the Chief retains the explicit right to convert P.\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POfficer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final doc MOU, Kent and KPOA Off Duty Supplemental Overtime Page 4of10 supplemental overtime into City overtime, mandate officers to work the City overtime, and pay the City overtime rate for that work. B. The Police Department will provide a sign-up list for the supplemental overtime to mirror the current Department overtime sign-up practice. This includes, but is not limited to, 1) primary, secondary and alternate officers to fill the supplemental overtime need, 2) timeline for signing up for the overtime, and 3) moving officers between primary, secondary and alternate slots. C. The Chief will have the authority to move any employee who is signed up for supplemental overtime to the City's overtime list once the supervisor has made reasonable efforts to solicit volunteers for the City overtime. If the employee is moved to the City overtime list, the employee shall be paid at the employee's regular overtime rate, if overtime pay is applicable, per the appropriate CBA for hours worked on City overtime. D. Employees working or scheduled to work supplemental overtime may be redirected, at the discretion of the Chief, to cover City overtime, Kent Police Department functions and emergencies. The City will make reasonable efforts to solicit volunteers for the City overtime first before redirecting officers from supplemental overtime to City overtime assignments. Commissioned officers working City overtime shall be paid at the officers' regular overtime rate, as applicable, per the CBA. E. In the midst of a supplemental overtime shift, if the officer is needed in court, the officer will attend court and be paid at the City overtime rate, as applicable, for all hours spent in court. The officer shall only be paid City overtime for the actual hours spent in court and will not qualify for the minimum court overtime per Section 4.4 Overtime Pay for Court Appearances of the Officers CBA. If applicable, once the officer returns to the supplemental overtime assignment, supplemental overtime pay rate for that assignment will resume. However, if the officer is available to return to the supplemental overtime assignment but the remainder of the supplemental overtime shift was cancelled by the third party employer due to the officer's absence for court appearance, the officer will be paid the minimum four (4) hours of court overtime (which shall include the actual hours spent in court) at the City overtime rate or the remainder of the supplemental overtime shift, whichever is shorter. Section S. Compensation A. Supplemental overtime worked shall only be paid and shall not be eligible for compensatory time accrual. B. The minimum number of hours for each supplemental overtime shift/assignment shall be four (4). P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POMcer\2008-10 Contract\MOU's\Oft Duty Supplemental OT Final do[ MOU, Kent and KPOA Off Duty Supplemental Overtime Page 5 of 10 C. Compensation for supplemental overtime shall be paid at the rate specified in Subsection 8.D, regardless of the commissioned officer's rank. Such supplemental overtime is worked for and paid by an independent third party, and is therefore, exempt from Fair Labor Standards Act (FLSA) and Minimum Wage Act (MWA) overtime calculations. Supplemental overtime hours and pay shall not be included in the calculation of City overtime obligations. D. The rate of pay for supplemental overtime shall be categorized as 1) standard work, or 2) high-risk work. In general, traffic flagging and most events involving alcohol are considered high-risk. The Chief shall make the determination as to whether the supplemental overtime assignment is categorized as standard or high-risk on a case-by-case basis. 1. Standard Work. a. The rate of pay for standard work shall be forty dollars ($40) per hour. b. The rate of pay for standard work on an observed holiday as defined in Section 7.1 Holidays Observed of the Officers CBA and Article 7 Holidays of the Captains/Lieutenants CBA shall be sixty dollars ($60) per hour. Observed holidays shall not include the employee's floating holiday. c. The rate of pay for standard work for a shift longer than ten (10) hours shall be forty dollars ($40) per hour for the first ten (10) hours and sixty dollars ($60) per hour after ten (10) hours. However, if the officer signs up for more than one (1) consecutive supplemental overtime shift the officer will be paid at the forty dollars ($40) per hour for all scheduled hours the officer signed up for. If the officer is held over during a supplemental overtime shift and the supplemental shift is ten (10) hours or longer, the officer shall be paid at sixty dollars ($60) per hour for all hours worked in excess of the scheduled supplemental overtime shift beyond ten (10) consecutive hours. ➢ Example 1: If the officer is scheduled for eight (8) hours of supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid forty dollars ($40) per hour for all ten (10) hours worked, because the entire shift did not exceed ten (10) consecutive hours. ➢ Example 2: If the officer is scheduled for ten (10) hours of supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid forty dollars ($40) per hour for the first ten (10) hours and sixty dollars ($60) per hour for the last two (2) hours. ➢ Example 3: If the officer signs up for twelve (12) hours of supplemental overtime, with the understanding that ten (10) hours will be at the straight time and two (2) hours will be at the overtime rate, the officer shall be paid forty dollars ($40) per hour for the first ten (10) hours and sixty dollars ($60) per hour for the last two (2) hours. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POMcer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final doc MOU, Kent and KPOA Off Duty Supplemental Overtime Page 6of10 ➢ Example 4: If the officer is scheduled for twelve (12) hours of supplemental overtime, with the understanding that ten (10) hours will be at the straight time and two (2) hours will be at the time and a half rate, and then is held over for two (2) additional hours, the officer shall be paid forty dollars ($40) per hour for the first ten (10) hours and sixty dollars ($60) per hour for the last four (4) hours. ➢ Example 5: If the officer signs up for a ten (10) hour supplemental overtime shift and splits a second ten (10) hour shift with a co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, the officer shall be paid forty dollars ($40) per hour for all fifteen (15) hours worked. This is because the original scheduled consecutive shifts that the officer signed up for added up to fifteen (15) hours. ➢ Example 6: If the officer signs up for a ten (10) hour supplemental overtime shift and splits a second ten (10) hour shift with a co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, and then is held over for one (1) additional hour, the officer shall be paid forty dollars ($40) per hour for the first fifteen (15) hours and sixty dollars ($60) per hour for the last hour. d. If a supervisor is required and authorized by the Chief for a standard work assignment/event, the commissioned officer working as the designated supervisor shall be compensated at sixty dollars ($60) per hour. The supervisor shall be paid at the rate of ninety dollars ($90) per hour for all hours worked on an observed holiday, for hours scheduled at time and one-half (1 1/2) rate, and for hold- overs beyond ten (10) hours as defined in paragraphs b. and c. above. 2. High-risk Work. a. The rate of pay for high-risk work shall be sixty dollars ($60) per hour. b. The rate of pay for high-risk work on an observed holiday as defined in Section 7.1 Holidays Observed of the Officers CBA and Article 7 Holidays of the Captains/Lieutenants CBA shall be ninety dollars ($90) per hour. Observed holidays shall not include the employee's floating holiday. c. The rate of pay for high-risk work for a shift longer than ten (10) hours shall be sixty dollars ($60) per hour for the first ten (10) hours and ninety dollars ($90) per hour after ten (10) hours. However, if the officer signs up for more than one (1) consecutive supplemental overtime shift, the officer will be paid at the sixty dollars ($60) per hour for all scheduled hours the officer signed up for. If the officer is held over during a high-risk supplemental P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POMcer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final doc MOU, Kent and KPOA V Off Duty Supplemental Overtime Page 7of10 overtime shift and the supplemental shift is ten (10) hours or longer, the officer shall be paid at ninety dollars ($90) per hour for all hours worked in excess of the scheduled supplemental overtime shift beyond ten (10) consecutive hours. ➢ Example 1: If the officer is scheduled for eight (8) hours of high-risk supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid sixty dollars ($60) per hour for all ten (10) hours worked, because the entire shift did not exceed ten (10) consecutive hours. ➢ Example 2: If the officer is scheduled for ten (10) hours of high-risk supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid sixty dollars ($60) per hour for the first ten (10) hours and ninety dollars ($90) per hour for the last two (2) hours. ➢ Example 3: If the officer signs up for twelve (12) hours of supplemental overtime, with the understanding that ten (10) hours will be at the straight time and two (2) hours will be at the overtime rate, the officer shall be paid sixty dollars ($60) per hour for the first ten (10) hours and ninety dollars ($90) per hour for the last two (2) hours. ➢ Example 4: If the officer is scheduled for twelve (12) hours of supplemental overtime, with the understanding that ten (10) hours will be at the straight time and two (2) hours will be at the time and a half rate, and then is held over for two (2) additional hours, the officer shall be paid sixty dollars ($60) per hour for the first ten (10) hours and ninety dollars ($90) per hour for the last four (4) hours. ➢ Example 5: If the officer signs up for a ten (10) hour supplemental overtime shift and splits a second ten (10) hour shift with a co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, the officer shall be paid sixty dollars ($60) per hour for all fifteen (15) hours worked. This is because the original scheduled shifts that the officer signed up for was added up to fifteen (15) hours. ➢ Example 6: If the officer signs up for a ten (10) hour supplemental overtime shift and splits a second ten (10) hour shift with a co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, and then is held over for one (1) additional hour, the officer shall be paid sixty dollars ($60) per hour for the first fifteen (15) hours and ninety dollars ($90) per hour for the last hour. d. If a supervisor is required and authorized by the Chief for a high- risk work supplemental overtime assignment/event, the commissioned officer working as the designated supervisor shall be P\PUBLIC\LCC(Labor,Class&Comp)\tabor\UNION\POfficer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final doc MOU, Kent and KPOA Off Duty Supplemental Overtime Page 8of10 compensated at eighty dollars ($80) per hour. The supervisor shall be paid at the rate of $120 per hour for all hours worked on an observed holiday, for hours scheduled at one and one-half (1 1/2) time rate, and for hold-overs beyond ten (10) hours as defined in paragraphs b. and c. above. Section 9. Cancellation of Supplemental Overtime If a supplemental overtime shift is cancelled, the City agrees to notify the officer scheduled to work at least ten (10) hours prior to the start time of such supplemental overtime shift. Failure to provide a minimum of ten (10) hours advance notice of cancellation shall entitle the officer to receive four (4) hours of supplemental overtime pay at the rate of that supplemental overtime assignment. If the City has called the employee by phone and by pager at least ten (10) hours prior to the start time of the supplemental overtime shift, this advance cancellation notification requirement will have been met regardless of whether the employee has checked or received his or her messages. Section 10. Payroll, Payroll Deductions and Record Keeping A. The City will add a new section to the current pay adjustment timesheet for officers to record all supplemental overtime worked. Commissioned officers shall complete timesheets to include supplemental overtime hours worked within timelines required by the City's policies, procedures and practices. B. The third party employer shall pay the City for all supplemental overtime hours worked at the mutually agreed upon contract rate. This contract rate shall include the employer's portion of applicable payroll taxes. C. The City shall pay the officers working the supplemental overtime at the rate specified in Section 8. Compensation of this agreement. Such supplemental overtime pay less applicable payroll taxes will be included in the employee's regular paycheck from the City. Applicable payroll taxes to be deducted from the employee's supplemental overtime earnings shall include the employee's portion of payroll taxes (i.e. Social Security, Medicare, LEOFF, etc.). D. The City shall report supplemental overtime earnings and deductions to the appropriate governmental agencies. Section 11. Work Performed by Non-Bargaining Unit Members A. Supplemental overtime not filled by Kent Police Department officers can be contracted out, at the Chief's discretion, to outside police agencies. The rate of pay for outside agencies shall be determined by the Chief. The Chief will first allow Kent commissioned officers an opportunity to voluntarily sign up for the supplemental overtime. If the supplemental overtime remains P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POfficer\2008-10 Contract\MOD's\Off Duty Supplemental OT Final doc MOU, Kent and KPOA Off Duty Supplemental Overtime Page 9of10 unfilled, the Chief may contact outside police agencies from a list mutually agreed on between the Kent Police Department and the KPOA. If the supplemental overtime remains unfilled, the Chief may contact other outside police agencies which are not on the mutually agreed upon list. If the supplemental overtime remains unfilled, the City will reject the offer of supplemental overtime work from the third party employer. At all times the Chief retains the right to accept or reject any offer of supplemental overtime work from any third party employer and to determine the number of officers needed at a particular supplemental overtime assignment. B. Nothing within this agreement shall restrict the City from using Police Department volunteers to perform duties they currently perform or have performed in the past. These duties may include, but are not limited to, parking direction/control, pedestrian traffic control, providing public information, etc. Questions of KPOA duties that have been performed by past volunteers shall be discussed and mutually agreed upon between the parties. C. Nothing within this agreement shall restrict the parties from allowing the implementation of the Police Cadet program and allowing Cadets to perform limited police functions within the scope allowed by law, civil service rules, and as mutually agreed upon between the parties. D. Nothing within this agreement shall restrict non-KPOA members from performing police work which is currently and have been traditionally performed by those employees. E. Nothing within this agreement shall restrict the parties' ability to meet and mutually agree upon any additional police work which may be performed by non-bargaining unit members if/when such need arises. F. Nothing in this agreement shall be interpreted to allow the City to supplant KPOA bargaining unit work or to displace KPOA bargaining unit employees. By signature below, the parties agree that the above represent the parties' full and entire agreement with regard to off duty supplemental overtime performed by commissioned officers. P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POMcer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final doc r MOU, Kent and KPOA Off Duty Supplemental Overtime Page 10 of 10 Agreed and signed this 23'A day of July, 2008. FOR THE CITY: FOR THE ASSOCIATION: �ZILAA 1 f 21 O � �-- Anh Hoang Date Jeff Date Labor Relations Manager KPO President Steve Strac Date Hans Mak Date Chief of Police KPOA ecutive and Member Chuck Miller Date Rob Scholl Date Labor Relations Analyst Bargaining Team Member, Sergeants & Officers -7//Z, /DJ Michael Schanbacher Date Bargaining Team Member, Sergeants & Officers ��t 6=� 7 Bob Cline Date Bargaining Team Member, Captains & Lieutenants P\PUBLIC\LCC(Labor,Class&Comp)\Labor\UNION\POMcer\2008-10 Contract\MOU's\Off Duty Supplemental OT Final dot