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HomeMy WebLinkAboutES08-107 - Other - Kent Police Officers Association - Police Captains and Lieutenants - MOU Regarding Reorganization of the Police Department - 11/04/2011 Records Manlgerne4 �KEATNS:W Document W ASHINGTON 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: a Vendor Number: JD Edwards Number Contract Number: FS03- 107 This is assigned by City Clerk's Office Project Name: 2011Captains & Lieutenants Police Reorganization MOU d Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Memorandum of Understanding Contract Effective Date: 11/4/11 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Teri Smith Department: Employee Services Detail: (i.e. address, location, parcel number, tax id, etc.): 2011Captains & Lieutenants Police Reorganization MOU d S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 MEMORANDUM OF UNDERSTANDING By and Between the CITY OF KENT and THE KENT POLICE OFFICER'S 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 Officer's Association ("KPOA") to memorialize an agreement relating to the reorganization of the Police Department. This MOU amends the collective bargaining agreement entitled "City of Kent and Kent Police Officers Association Police Captains and Lieutenants Labor Agreement May 1, 2008 through December 31, 2011" ("CBA"). Where this MOU conflicts with the CBA, this MOU shall control, and except as amended by this MOU, the CBA shall remain in full force and effect. This MOU is not intended to, and shall not be f construed as, removing any work from KPOA which is currently performed by KPOA members. To this end, all work currently performed by KPOA shall continue to be performed by KPOA. Section 1. Effective Date This Amendment shall take effect November 4, 2011, and shall expire upon the execution of the successor collective bargaining agreement to the CBA which is currently being negotiated. The successive collective bargaining agreement shall incorporate the intent of this MOU. Section 2. Reorganization The current organization of the Kent Police Department provides for the following positions in descending order of rank: Police Chief, Deputy Chief, Captains, Lieutenants, Sergeants, and Police Officers. The position of Deputy Chief is an assignment and the Deputy Chief position is not a position represented by the CBA. As of the effective date set forth in Section 1, the Kent Police Department will be organized with the following positions in descending order of rank: Police Chief, Assistant Chiefs, Commanders, Sergeants, and Police Officers. The result of the reorganization is that on November 4, 2011, the current Deputy Chief will be an Assistant Chief, the two current Captains will be Assistant Chiefs, and all Lieutenants will be Commanders. There will be no changes to the ranks of Sergeant or Police Officer. The position of Deputy Chief will not be filled; provided, MOU-Reorganization of Police Department Page 1 of 3 J t A d the recognition of the Deputy Chief position in the CBA and the Civil Service rules will not be altered. The budget preparation portion of the body of work of the Deputy Chief position will become part of the body of work of the Assistant Chief position; provided, the Chief shall have the authority to assign the work to a particular position within the KPOA. The other work of the current Deputy Chief position may or may not become part of the body of work of the Assistant Chief position. Nothing in this MOU or the CBA shall prevent the Chief from assigning work to or among the Assistant Chiefs, and the parties reserve the right to argue whether work formerly held by the Deputy Chief position has become part of the body of work of the Assistant Chief position. All work performed by the current Captain positions shall remain within the body of work performed by KPOA. u Section 3. Current Deuuty Chief Michael Painter held the Deputy Chief position prior to the effective date of this MOU. Upon the effective date of this MOU, Mr. Painter shall be returned to the bargaining unit as an Assistant Chief covered by the CBA. Section 1.2 of the CBA shall apply to Mr. Painter's return to the bargaining unit. I In recognition of Mr. Painter's years of service as the Deputy Chief, and in order to ensure that the compensation Mr. Painter receives as an Assistant Chief is similar to I what he received as the Deputy Chief, the City has agreed to provide Mr. Painter with the Compensation Package set forth in Exhibit A, which is attached hereto, and incorporated by this reference. The parties to this MOU acknowledge that the KPOA did not negotiate this Compensation Package on behalf of Mr. Painter and that Exhibit A is a product of a negotiated agreement between Mr. Painter and the City. Section 4. Unit Clarification The parties agree to file a joint unit clarification petition with the Public Employment Relations Commission in order to change the certification of the KPOA to reflect that it represents Assistant Chiefs and Commanders (provided that the parties can agree upon mutually satisfactory language for said petition). This MOU shall become an exhibit to the unit clarification action. Section S. Civil Service Rules The parties agree to jointly recommend to the Civil Service Commission that the Civil Service Rules be amended to reflect the reorganization provided for in this MOU. This MOU shall be submitted to the Civil Service Commission in support of proposed amendments to the Civil Service Rules. It is a material condition of this MOU that the new Assistant Chief and Commander positions receive Civil Service protection. MOU-Reorganization of Police Department Page 2 of 3 Section 6 Right of Reorganization — Bargained Effects 1 The parties agree that the City retains the right to reorganize the Police Department. Provided, however, the City acknowledges it must bargain the effects, if any, of such reorganization. The parties agree that this MOU reflects a bargaining of the effects of the reorganization. Nothing herein shall be deemed to be a waiver of the City's authority to reorganize the Police Department. Similarly, nothing herein shall be deemed a waiver of any rights KPOA has. I In the event that the parties subsequently have a dispute as to the intent or effect of this MOU, the parties agree to use their respective best efforts to resolve said dispute in good faith. By signature below, the parties agree that this MOU represents the parties' full and entire agreement with regard to this matter. l FOR THE CITY OF KENT: FOR THE ASSOCIATION: J \vd 2 dwf'x-� /(� l / II /n3fil oh Hodgson Date Robert Hollis f Administrative Officer KPOA President Ken Thomas Date )arKasner Date Police Chief Director Ji 9 Sue Viseth Date Employee Services Director P•\Qvd\Files\Open Files\1461-KPOA\MOU.Reorgan¢ation.November3 2011.REVISED.docx MOU-Reorganization of Police Department Page 3 of 3 I r if k EXHIBIT A COMPENSATION PACKAGE Section 1. Purpose Michael Painter has served as the Deputy Chief for the Kent Police Department since July 1, 2008. As deputy Chief, Mr. Painter served at the pleasure of the Police Chief, and was one position above Captains in rank. On November 4, 2011, the Kent Police Department will be organized with the following positions in descending order of rank: Police Chief, Assistant Chiefs, Commanders, Sergeants, and Police Officers. The result of the reorganization is that on November 4, 2011, Mr. Painter will be an Assistant Chief, the two current Captains will be Assistant Chiefs, and all Lieutenants will be Commanders. The purpose of this Compensation Package is to ensure that the compensation Mr. t Painter receives as Assistant Chief is similar to what he received as Deputy Chief. Section 2. Management Benefits Leave As Deputy Chief, Mr. Painter received management benefits, which was a benefits package provided to non-represented employees. As of November 3, 2011, Mr. Painter had available to him management benefits in the form of 160 hours of leave that could be used by Mr. Painter. As an Assistant Chief, Mr. Painter will not be eligible for management benefits. The City agrees to preserve Mr. Painter's 160 hours of leave in an account which t will, for now and subject to future change, be called executive leave. Mr. Painter shall be permitted to use the leave hours as he would vacation hours, or cash those hours out at retirement. If he chooses to cash the hours out at retirement, they will be cashed out at the hourly base rate that he earns at retirement. As Assistant Chief, Mr. Painter will no longer earn management benefits and therefore, no additional hours will be added to the account in which the 160 hours is held. Section 3. Sick Leave Incentive As Deputy Chief, Mr. Painter was eligible for the sick leave incentive set forth in City Policy 3.3. Mr. Painter had more than 960 hours of sick leave in his account, and therefore, had he remained the Deputy Chief through December 31, 2011, he would have received 32 hours of base pay in addition to his regular rate of pay, payable on January 20, 2012. The dollar value of this 32 hours is $2,058.00. On November 4, 2011, Mr. Painter will become an Assistant Chief represented by the KPOA, and will be subject to the terms of the collective bargaining agreement Exhibit A—Compensation Package Page 1 of 3 entitled "City of Kent and Kent Police Officers Association Police Captains and Lieutenants Labor Agreement May 1, 2008 through December 31, 2011" ("CBA"). Pursuant to Section 6.6 of the CBA, had Mr. Painter been an Assistant Chief for all of 2011, he would have been eligible to cash out all hours of sick leave over 1040 hours, and this cash-out payment would have been made on January 20, 2012. The maximum value of this cash-out payable on January 20, 2012 would have been $7,034.00. As of December 31, 2011, Mr. Painter will have worked as a Deputy Chief during 2011 for 10 months, and will have worked as an Assistant Chief for two months. Therefore, the City will pay Mr. Painter ten-twelve's of the maximum value of the incentive under City Policy 3.3, and two-twelve's of the maximum value of the incentive under Section 6.6 of the CBA. The result is that on January 20, 2012, Mr. Painter will receive, as an incentive for not using sick leave, $2887.00 in addition to his regular rate of pay. This will be the only incentive pay that Mr. Painter receives on January 20, 2012 for not using sick leave. E, Beginning January 1, 2012, Mr. Painter will receive the full benefit of the sick leave incentive program set forth in Section 6.6 of the CBA, as that Section is now I enacted or hereafter amended. Section 4. Payment For Difference in Compensation t For the purposes of this exhibit alone, and specifically not for the purposes of 0 calculating or comparing salaries under the CBA or for the purposes of retirement calculations of the Department of Retirement Servi# h has calculated the annual compensation of the Deputy Chief to be , and the annual compensation of the Assistant Chief to be $142,753.00. This results in a difference of $9,866.00 annually, or $411.04 per pay period. There are three pay periods remaining in 2011 (November 20, 2011, December 5, 2011, and December 20, 2011) which makes the difference in compensation between the Deputy Chief position and the Assistant Chief position to be a total of $1,233.12 for the r remaining pay periods of 2011. For the remaining three pay periods of 2011, the City will pay Mr. Painter $1,233.12 in addition to the compensation he receives as an Assistant Chief. In 2012, the City will pay Mr. Painter $9,866.00 in addition to the compensation he receives as an Assistant Chief. The total payment of $11,099.12 shall be made on January 20, 2012, unless Mr. Painter elects to spread the payment out, in which case, he shall receive 27 payments of $411.04 starting with his November 20, 2011 paycheck. ExhibitA—Compensation Package Page 2 of With the exception of the $11,099.12 payable pursuant to this section, no additional payment for the difference in compensation shall be made, and specifically, but without limitation, there shall be no payment for a difference in compensation in 2013 or beyond. Section 5 Subject to CBA For All Other Purpose Except as provided for in this exhibit, Mr. Painter will be subject to all other terms and conditions as set forth in the CBA. By signing below, Mr. Painter acknowledges receipt of this Exhibit A. a Mike Painter Date Kent Police Department Deputy Chief Acknowledged by: P�V�� Ken Thomas Date Kent Police Department Chief Approved by: Sue Viseth Date Kent Employee Services Director P.\Civil\Files\Open Files\1461-KPOA\Painter Exhibit To Reorganization doc Exhibit A—Compensation Package Page 3 of 3 r