HomeMy WebLinkAboutES08-107 - Other - Kent Police Officers Association - Police Captains and Lieutenants - MOU Regarding Article 16 - Police Officer's Bill of Rights Amendment - 05/18/2011 Records Mard"01
ment-
KEN
Ti_ Document
WASHINGTON
t
aa� a
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: I«n - R `1c e cLk± n s o na
Vendor Number:
JD Edwards Number
Contract Number: ES 02— 1D2
This is assigned by City Clerk's Office
Project Name: MOU (0c rnDr6-nCkUYY-A 0f y�lCl(P.fS nq� Zi✓ ' pq-JflCA-e-1
lto - �1�c� c�tc��" I��� t u� Rt�►�-� .
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 5` �$1 I 1 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
s Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
MEMORANDUM OF UNDERSTANDING
By and Between the
CITY OF KENT
and
THE KENT POLICE OFFICERS ASSOCIATION
Representing the
Police Captains and Lieutenants
This Memorandum of Understanding ("MOU") is entered into between the City of
Kent ("City") and the Kent Police Officers Association ("KPOA") to memorialize an
agreement for a one time amendment of Article 16 - Police Officers' Bill of
Rights.
The parties recognize that Article 16 - Police Officers' Bill of Rights does not provide
a process for addressing investigations that may involve department leadership. As
a result the parties have agreed to amend Section 16.1, Bill of Rights, for purposes
of the current police department investigation, hereafter referred to as the "May
2011 Investigation". The parties agree that nothing in this MOU is intended to, or
should be construed as, reducing or eliminating any right or protection currently
afforded to KPOA members.
Section 16.1. Bill of Rights (amended)
In an effort to ensure that investigations of any employee in relation to the May
2011 Investigation by the city's Chief Administrative Officer (CAO) 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 investigation shall be
advised in writing at the time of the interview that they are suspected of:
1. Committing a criminal offense; or
2. Misconduct that would be grounds for termination, suspension, or
other disciplinary action (greater than written reprimand).
B. Any employee who becomes the subject of a criminal investigation shall have
all rights accorded by the State and federal constitutions and Washington
law.
C. The employee under investigation must, at the time of an interview, be
informed that the investigation is being directed by the CAO and the name of
the investigator representing the CAO.
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:
i
Page 1 of 4
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.
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
Page 2 of 4
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.
In addition, the parties agree that, due to the unique circumstances of the May
2011 Investigation, the CAO will stand in lieu of the Police Chief in all decisions
regarding the investigative process and decisions regarding appropriate discipline, if
any. Due to the nature of the May 2011 Investigation and the parties involved, the
parties agree that certain portions of the internal affairs (IA) process contained
within the Kent Police Department Policy Manual in Chapters 13 and 14 shall not
apply. Instead, the following process, which is substantially similar to the IA
process contained within the Kent Police Department Policy Manual, shall apply to
any KPOA member that becomes the subject of investigation during the course of
the May 2011 Investigation:
• The IA shall be initiated by the completion of an Internal Affairs Complaint
Form (IAC).
• The IAC shall be signed by the CAO, who will be the Complainant.
• The IAC shall outline the facts of the conduct being investigated.
• An employee under investigation will be provided with a copy of the IAC
within two days of signature of the IAC by the CAO.
• The CAO, through the Employee Services Director, will assign an
investigator, who need not be employed by the city of Kent and who will
report directly to the Employee Services Director.
• The IA shall be completed within 30 days unless the CAO extends that time
• Time extensions shall be communicated to the officer who is the subject of
the investigation.
• In the event discipline is contemplated, a predisciplinary/Louderml// hearing
will occur before the CAO. The City, upon request, shall provide KPOA and
the KPOA member under investigation with all relevant discovery and
information prior to the predisciplinary/Louderml// hearing. Nothing in this
MOU shall be construed as infringing upon KPOA and its members' discovery
rights.
• The CAO will determine the appropriate level of discipline to be administered,
if any, subject to the provisions set forth in this MOU.
• All records of any investigation of a KPOA member under this MOU will be
retained in accordance with IA records requirements and applicable law.
Any KPOA member who is the subject of investigation under this MOU shall receive
all of the protections set forth under Kent Police Department Policy Manual Policies
13.1.4 ('Discipline") and 14.2.8 ('Determination of Finding/Disposition/Appeal
Process"). The parties agree, however, that actions or duties of the 'Chief of
Police" under these policies shall be performed by the CAO pursuant to the terms of
this MOU.
The parties agree that the purpose and intent of this MOU is only to address
logistical issues related to the CAO assuming the duties and responsibilities which
would otherwise be performed by the Police Chief for purposes of the May 2011
Investigation. This MOU is not intended to, and shall not be construed as,
Page 3 of 4
removing any procedural or substantive right to which any KPOA member is
currently entitled to receive under the parties' Collective Bargaining Agreement, the
Kent Police Department Policy Manual (except as specifically modified by this MOU),
Civil Service rules and regulations, City of Kent ordinance, Washington State law,
federal law, and any other applicable law, rule, or authority. To this end, in the
event CAO determines discipline should be imposed upon any KPOA member as a
result of the May 2011 Investigation, such discipline must comply with each of the
authorities listed in the preceding sentence. The respective KPOA member and
KPOA shall maintain the right to contest, appeal, and otherwise challenge/litigate
any such discipline under the same terms and conditions that existed prior to the
execution of this MOU.
This MOU shall only apply to the "May 2011 Investigation" and shall not be
interpreted to create a past practice or set precedence.
By signature below the parties agree that this MOU represents the parties' full and
entire agreement with regard to this matter.
FOR THE CITY OF KENT: FOR THE ASSOCIATION:
hn Hodgson I Date Robert Hollis Date
Administrative Officer KPOA President
Sue Viseth Date Hans Mak Date
• Employee Services Director KPO ce P dent
Page 4 of 4