HomeMy WebLinkAboutES12-035 - Original - Kent Police Officers Association - Police Sergeants and Officers: Labor Agreement - 01/01/2012 Records M g... e mgj'n)4
KEN T
Was„IN TON
Document
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: Kent Police Officers Association
Vendor Number: N/A
]D Edwards Number
Contract Number•. es 10,— in�
This is assigned by City Clerk's Office
Project Name: KPOA - Police Sergeants & Officers Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Collective Bargaining Agreement (CBA)
Contract Effective Date: 1/1/2012 Termination Date: 12/31/2012
Contract Renewal Notice (Days): No date specified
Number of days required notice for termination or renewal or amendment
Contract Manager: Teri Smith Department: ES-Labor/Class & Comp
Detail: (i.e. address, location, parcel number, tax id, etc.):
S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE SERGEANTS AND OFFICERS
2012 LABOR AGREEMENT
TABLE OF CONTENTS
Page No.
TABLEOF CONTENTS........................................................................................................................................I
PAGENO..................................................................................................................................................................I
PREAMBLE...............................................................................................................................................................1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT...................................................................I
SECTION 1.1. RECOGNITION OF THE ASSOCIATION .................................................. 1
SECTION 1.2. REPRESENTATION DURING NEGOTIATIONS........................................... 1
SECTION 1.3. BULLETIN BOARD SPACE ................................................................ 1
SECTION 1.4. ASSOCIATION OFFICIALS' RELEASE TIME ............................................ 1
SECTION 1.5. PROBATIONERS ........................................................................... 3
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION ......................................4
SECTION 2.1. ELIGIBILITY ...............................................................................4
SECTION 2.2. ASSOCIATION MEMBERSHIP ............................................................4
SECTION 2.3. DUES DEDUCTION........................................................................ 5
ARTICLE 3 - EMPLOYMENT PRACTICES.................................................................................................6
SECTION 3.1. SENIORITY DEFINITION ................................................................. 6
SECTION 3.2. PERSONNEL REDUCTION ................................................................ 6
SECTION 3.3. SEVERANCE PAY NOTICE ................................................................ 7
SECTION 3.4. ESTABLISHMENT OF REINSTATEMENT REGISTERS ................................... 7
SECTION 3.5. EMPLOYEE STATUS WHEN REINSTATED............................................... 7
SECTION 3.6. EEO/NONDISCRIMINATION............................................................. 8
SECTION 3.7. PERSONNEL FILES........................................................................ 8
SECTION 3.8. TRANSPARENCY OF PROMOTIONAL SELECTIONS..................................... 9
ARTICLE 4 - HOURS OF WORK AND OVERTIME................................................................................9
SECTION 4.1. HOURS OF WORK.......................................................................1. 9
SECTION 4.2. OVERTIME ............................................................................... 10
SECTION 4.3. CALL BACK AND MINIMUM OVERTIME............................................... 11
SECTION 4.4. OVERTIME PAY FOR COURT APPEARANCES ......................................... 11
SECTION 4.5. COMPENSATORY TIME ................................................................. 12
SECTION 4.6. KENNEL TIME AND K-9 OVERTIME................................................... 13
SECTION 4.7. STANDBY FOR DUTY ................................................................... 14
SUBSECTION 4.7.1 STANDBY FOR DUTY (FOR NON-DETECTIVES)............................... 14
SECTION 4.8. SHIFT BIDDING......................................................................... 16
Subsection 4.8.1 Shift Assignments 16
Subsection 4.8.2 Shift Bidding Process 16
Subsection 4.8.3 Shift Bidding Dates 17
Subsection 4.8.4 Days Off Rotation 17
SECTION 4.9. DAYLIGHT SAVINGS TIME............................................................. 18
SECTION 4.10. REST PERIODS ........................................................................ 18
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES................................18
SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES .......................................... 18
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SECTION 5.2. MODIFIED WORK SCHEDULE ......................................................... 19
ARTICLE6 - SICK LEAVE..............................................................................................................................19
SECTION 6.1. SICK LEAVE BENEFITS................................................................. 19
SECTION 6.2. SICK LEAVE ACCRUAL ................................................................. 19
A. LEOFFI Employees 19
B. LEOFF II Employees 19
C. Recruitment Incentive 20
SECTION 6.3. LEOFF II SICK LEAVE USAGE........................................................ 20
SECTION 6.4. LEOFF II EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION................... 20
SECTION 6.5. LEOFF I EMPLOYEES LEAVE TO CARE FOR SICK DEPENDENTS.................. 21
SECTION 6.6. SICK LEAVE INCENTIVE/BUY-OUT PROGRAM ...................................... 22
SECTION 6.7. LIGHT DUTY............................................................................. 22
ARTICLE7 - HOLIDAYS.................................................................................................................................23
SECTION 7.1. HOLIDAYS OBSERVED ................................................................. 23
THE FOLLOWING HOLIDAYS SHALL BE CONSIDERED AS HOLIDAYS FOR FULL TIME
EMPLOYEES. ........ ...................................................... ......................................................................................23
SECTION 7.2. HOLIDAY COMPENSATION ............................................................. 24
ARTICLE8 - EDUCATION ALLOWANCE.................................................................................................26
SECTION 8.1. TRAINING AND EDUCATION REIMBURSEMENT POLICY ............................ 26
SECTION 8.2. TRAINING AND EDUCATION APPROVAL PROCESS.................................. 27
SECTION 8.3. CLASS ATTENDANCE ................................................................... 28
SECTION 8.4. REIMBURSEMENT PROCEDURES ...................................................... 28
ARTICLE9 - ANNUAL LEAVE.......................................................................................................................28
SECTION 9.1. ANNUAL LEAVE ACCRUAL.............................................................. 28
SECTION 9.2. SCHEDULING ANNUAL LEAVE ......................................................... 29
SECTION 9.3. VACATION PRIORITY ................................................................... 30
SECTION 9.4. MAXIMUM ACCRUAL.................................................................... 30
ARTICLE 10 - PENSIONS..............................................................................................................................31
ARTICLE11 - BEREAVEMENT.....................................................................................................................31
ARTICLE 12 - MANAGEMENT RIGHTS...................................................................................................31
SECTION 12.1. GENERAL MANAGEMENT RIGHTS ................................................... 31
SECTION 12.2. VOLUNTEERS AND TEMPORARY EMPLOYEES ...................................... 32
ARTICLE 13 - PERFORMANCE OF DUTY................................................................................................33
SECTION 13.1. NON-STRIKE PROVISIONS .......................................................... 33
SECTION 13.2. PERFORMANCE OF DUTY ............................................................. 33
ARTICLE 14 - CONFERENCE BOARD/COMMUNICATIONS.........................................................33
SECTION 14.1. CONFERENCE BOARD................................................................. 33
SECTION 14.2. COMMUNICATIONS WITH THE CHIEF ADMINISTRATIVE OFFICER .............. 34
ARTICLE 15 - GRIEVANCE PROCEDURE...............................................................................................34
SECTION 15.1. GRIEVANCE DEFINITION............................................................. 34
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SECTION 15.2. REPRESENTATION DURING GRIEVANCES.......................................... 34
SECTION 15.3. EXCEPTIONS TO TIME LIMITS....................................................... 35
SECTION 15.4. CLASS ACTION........................................................................ 35
SECTION 15.5. STEPS AND TIME LIMITS ............................................................ 35
SECTION 15.6. ARBITRATOR'S AUTHORITY.......................................................... 36
SECTION 15.7. ELECTION OF REMEDIES............................................................. 37
SECTION 15.8. RETROACTIVITY....................................................................... 37
ARTICLE 16 - POLICE OFFICERS' BILL OF RIGHTS.......................................................................37
SECTION 16.1. BILL OF RIGHTS ...................................................................... 38
SECTION 16.2. PSYCHOLOGICAL EVALUATIONS .................................................... 40
ARTICLE17 - COMPENSATION .................................................................................................................41
SECTION 17.1. SALARIES .............................................................................. 41
SECTION 17.2. SALARY PLAN.......................................................................... 42
SECTION 17.3. PREMIUM PAY ......................................................................... 42
SECTION 17.4. WORKING OUT OF CLASSIFICATION ............................................... 43
SECTION 17.5. LONGEVITY AND EDUCATION INCENTIVE PAY .................................... 43
Subsection 17.5.1 Longevity Pay 43
Subsection 17.5.2 Educational Incentive 44
SECTION 17.6. EFFECTIVE DATE OF COMPENSATION INCREASES................................ 44
SECTION 17.7. CLOTHING AND EQUIPMENT......................................................... 44
SECTION 17.8. COMPENSATION FOR TRAINING..................................................... 45
SECTION 17.9. TIMELY COMPENSATION ............................................................. 46
Subsection 17.9.1. Current Payroll 46
Subsection 17.9.2 Potential Payroll Change 46
SECTION 17.10. DEFERRED COMPENSATION........................................................ 46
SECTION 17.11. ACCREDITATION PAY ............................................................... 47
SECTION 17.12. BILINGUAL PAY...................................................................... 47
ARTICLE 16 - INSURANCE COVERAGE..................................................................................................48
SECTION 18.1. HEALTH CARE INSURANCE .......................................................... 48
Subsection 18.1.1. Plans Offered 48
Subsection 18.1.2. Employee Coverage 49
Subsection 18.1.3. Dependent Coverage 49
Subsection 18.1.4. LEOFF I Health Coverage Requirement 49
SECTION 18.2. LIFE INSURANCE...................................................................... 49
SECTION 18.3. FORMS HANDLING.................................................................... 49
SECTION 18.4. HEALTH CARE COMMITTEE .......................................................... 50
SECTION 18.5. HEPATITIS B VACCINATION PROGRAM ............................................ 50
SECTION 18.6. LONG TERM DISABILITY INSURANCE .............................................. 50
ARTICLE 19 - MILITARY LEAVE................................................................................................................50
ARTICLE 20 - TOBACCO FREE WORK PLACE.....................................................................................50
ARTICLE 21 - SUBSTANCE ABUSE TESTING......................................................................................51
SECTION21.1. POLICY ................................................................................. 51
SECTION 21.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING ............... 51
SECTION 21.3. EMPLOYEE TESTING .................................................................. 52
SECTION 21.4. SAMPLE COLLECTION ................................................................ 52
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SECTION 21.5. DRUG TESTING .....................................................I................. 53
SECTION 21.6. ALCOHOL TESTING ................................................................... 54
SECTION 21.7. MEDICAL REVIEW PHYSICIAN....................................................... 54
SECTION 21.8. LABORATORY RESULTS .............................................................. 54
SECTION 21.9. TESTING PROGRAM COSTS.......................................................... 54
SECTION 21.10. REHABILITATION PROGRAM ....................................................... 55
SECTION 21 11. DUTY ASSIGNMENT AFTER TREATMENT
SECTION 21.12. RIGHT OF APPEAL................................................................... 55
SECTION 21.13, ASSOCIATION HELD HARMLESS .................................................. 56
SECTION 21.14. CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM ........... 57
ARTICLE 22 - SAVINGS CLAUSE...............................................................................................................58
ARTICLE 23 - ENTIRE AGREEMENT........................................................................................................58
ARTICLE 24 - TERM OF AGREEMENT......................................................................................................59
APPENDIX "A" - OFF-DUTY SUPPLEMENTAL OVERTIME PAY.................................................60
SECTION1. PURPOSE ................................................................................... 60
SECTION 2. DEFINITION ................................................................................ 60
SECTION 3. ELIGIBILITY ................................................................................ 60
SECTION 4. WORK RULES .............................................................................. 60
SECTION 5. REQUIRED PAPERWORK .................................................................. 61
SECTION 6. WORK RESTRICTIONS .................................................................... 61
SECTION 7. OVERTIME SIGN-UP, ASSIGNMENT AND MANDATING ............................... 61
SECTION S. COMPENSATION ........................................................................... 63
SECTION 9. CANCELLATION OF SUPPLEMENTAL OVERTIME ........................................ 66
SECTION 10. PAYROLL, PAYROLL DEDUCTIONS AND RECORD KEEPING ......................... 66
SECTION 11. WORK PERFORMED BY NON-BARGAINING UNIT MEMBERS ....................... 66
APPENDIX "B" - POLICE SCIENCE INSTRUCTION.........................................................................68
SECTION1. PURPOSE ................................................................................... 68
SECTION 2. ELIGIBILITY ................................................................................ 68
SECTION 3. OVERTIME SIGN-UP, ASSIGNMENT AND MANDATING ................................ 68
SECTION 4. COMPENSATION ........................................................................... 68
SECTION 5. CANCELLATION OF SUPPLEMENTAL OVERTIME................... ................._ 69
APPENDIX"C" - COMMUTE TRIP REDUCTION.................................................................................70
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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, 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 non-supervisory commissioned Police Officers and Sergeants of the Kent Police
Department excluding supervisors, confidential employees and all other employees
of the employer. Additionally, the City recognizes the Association as the exclusive
bargaining representative for the Training Officer duties currently being performed
by a non-represented employee; furthermore, the parking enforcement duties shall
be shared by the Association and AFSCME.
Section 1.2. Representation During Negotiations
For the purpose of negotiations between the parties, there shall be no more than
three (3) 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 1.3. Bulletin Board Space
The City shall provide bulletin board space for Association use in a mutually agreed-
upon location. Material posted thereon shall be the responsibility of the
Association. It shall only be used for official Association business.
Section 1.4. Association Officials' Release Time
A Time off with pay shall be granted to Association negotiation team members for
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mutually scheduled negotiation or sub-committee meetings Meetings will be
scheduled to accommodate attendance by all designated negotiation team
members Once these meeting dates are agreed upon, Employee Services will
notify all affected parties and their Immediate supervisors of the dates and
changes thereto The members must then work with their supervisor(s) to
ensure that the work schedule is updated to reflect the meetings
On meeting dates when the members are scheduled to work, the regular work
schedules for Association negotiation team members assigned to shifts other
than Day shift shall be adjusted to ensure attendance at these meetings
Adjustment of the work schedule shall afford a minimum of eight (8) hours break
between the end of the last regular shift worked and the beginning of any of
these meetings The number of hours in the adjusted shift shall equal the
employee's normal shift hours and shall be consecutive
Every effort will be made to schedule these meetings on days when the parties
are scheduled to work In the event a meeting falls on a day when the member is
scheduled to be off, the member's work schedule shall be adjusted to account for
the negotiation time as part of the member's current workweek Leave
adjustment (time off) to account for negotiation time shall be treated similar to
vacation leave requests
B Union officials may be allowed time off to attend training related to the
administration of this Agreement when the parties mutually agree that such
training is beneficial to both the City and the Union Such time off shall not result
in any additional costs to the City Such training must be pre-approved by the
KPOA Executive Board, signed by the Union President, and submitted to and
pre-approved by the Police Chief, or designee The request will include the
purpose of the training, the date and time of such training, and the proposed use
of the employee's time (on/off duty or adjusted shift) The Union shall continue to
cover the registration, travel and accommodation costs of such training for the
union officials The time off for such trainingshall be shared b the Union, the
Y
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 bargaining unit However, if hire-back is required to replace
that employee, the Union shall cover the overtime hire-back cost
through the use of a donated leave bank designated for this purpose.
Members of the bargaining unit may voluntarily donate, in whole hour
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increments, up to five (5) vacation hours once per year into a "Union
Official's Leave Bank". 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 15t of each year
C 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
D Time off required by Association members to prepare for or attend compulsory
arbitration meetings or hearings shall be considered leave without pay, unless
substitute coverage is provided for by Association members at no additional cost
to the City to replace those designated employees who are required to be absent
from their shifts It shall be the Chiefs responsibility to determine staffing levels
required on all shifts It shall be the Chiefs decision as to whether substitute
coverage is necessary to attend compulsory arbitration proceedings
Section 1.5. Probationers
Subsection 1.5.1 New Hires. The parties recognize the purpose of probationary
employment for new hires and rehired employees 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. Entry level new
hires shall serve a twelve (12) month probationary period beginning the day
after their successful completion of the Basic Law Enforcement Academy.
Lateral new hires shall serve a twelve (12) month probationary period from
their date of hire.
During the actual or extended probationary period of employment, the
probationer shall be entitled to the protection of the grievance procedure as
outlined in this agreement, except that the probationer may not challenge
any disciplinary determinations made by the City, determinations made
related to Section 4.1 - Hours of Work and 4.8 - Shift Bidding, and for those
other exceptions specifically identified within the agreement.
In the case of lay off, bumping and recall, there shall be no seniority among
probationary employees. Upon the successful completion of the probationary
period, the employee shall acquire seniority credit, and their seniority shall
be retroactive to the date of employment, less any adjustments.
Subsection 1.5.2 Transferred or Promoted Employees. Any permanent employee
who is transferred (pursuant to Civil Service process), or promoted shall be
considered as a special probationary employee, and must successfully
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complete a twelve (12) month special probationary period before being
permanently appointed to the new position or rank. For purposes of this
agreement, special probationary employees who are employed as regular full
time shall be considered as and entitled to all benefits of non-probationary
members of the bargaining unit, unless otherwise specified within the
Agreement.
If the special probationary employee falls to demonstrate that he or she can
completely and satisfactorily perform the job within the special probationary
period, the City shall return the employee to his or her former position
classification, or rank, without any loss of seniority, and this determination
may not be challenged under the grievance procedure. Any other employees
who were transferred or promoted following and as a result of this
employee's transfer or promotion shall also be returned to their former
positions, and unless there is a layoff involved, the bumping procedure shall
not apply.
Subsection 1.5.3 Probation Extension
Any probationary period may be extended upon the request of the Police
Chief as a result of approved breaks in service, to allow for the completion
twelve (12) months of satisfactory performance in the employee's regular
assignment.
Subsection 1.5.4 Light Duty Probation Extension for New Hires
In cases of light duty or approved medical leave, a probationary period may
be extended for the duration of the light duty assignment/medical leave upon
the request of the Police Chief, not to exceed six (6) months.
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION
Section 2.1. Eliaibilitx
The City recognizes that employees within the bargaining unit may, at their
discretion, become members of the Association. Intent to join must be furnished,
in writing, 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
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Association from providing internal, Association sponsored benefits to Association
members only.
Section 2.3. Dues Deduction
The following procedure shall be followed in the deduction of dues for members of
the Association.
A. The City agrees to deduct the semi-monthly dues uniformly levied by
the Association for those employees who elect to become members of
the Association. The employee will request in writing to have their
regular Association dues deducted on the basis of Individually signed
voluntary check-off authorization cards.
B. Each month, 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.
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 monthly contribution towards the
administration of this agreement. Such fees shall not exceed the
maximum agency fee allowed by law. Employees falling to honor their
Association security obligations shall be discharged, after thirty (30)
days' written notice, at the request of the Association.
D. The Association agrees to indemnify and hold the City harmless
against any and all claims, suits, orders and other judgments brought
or issued against the City by third parties as a result of any action
taken by the City under the provisions of this Section, unless caused
by the negligence of the 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
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agreement on such matter, the Public Employment Relations
Commission shall designate the charitable organization.
ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1. Seniority Definition
A. Seniority, for the purpose of vacation bids, and reductions in force shall be
defined as the employee's length of permanent service as a commissioned
officer with the Kent Police Department, 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.
B. Seniority, for the purpose of shift bidding 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).
C. 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:
A. It shall be the responsibility of the City to determine job classification
in which layoffs are to occur. Such factors as nature of function
performed, risk to overall public safety, and impact on the Police
Department operations, shall be weighed to determine areas where
reductions can be made.
B. Order of layoff shall be determined by job classification. Employees
with the least seniority in any classification will be laid off first.
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C. Reductions or transfers of non-probationary employees in the
bargaining unit shall be accomplished in accordance with seniority
within classifications with the least senior employees being first
reduced or transferred.
Section 3.3. Severance Pay Notice
A. All non-probationary employees affected by the reduction in force shall be
entitled to three (3) weeks' notice of such layoff.
B. At the time of separation, non-probationary employees affected by the
reduction in force shall be paid a sum equal to two (2) weeks pay at the
current rate of pay. Such severance pay shall be in addition to any and all
money due to the employee at the time of separation. However, this section
shall only apply to employees who are laid off by the City. Voluntary
terminations and other terminations not classified as layoff are excluded from
the provisions of this section.
Section 3.4. Establishment of Reinstatement Registers
A. The names of employees who have been laid off or reduced in rank shall be
placed upon a reinstatement register for the same classification from which
layoffs or reductions in rank have occurred. This reinstatement register shall
be in effect for two years from the date of layoff or reduction and shall take
priority over other hiring or promotional lists.
B. Refusal to accept regular full-time work with the Kent Police Department
from a reinstatement register shall terminate all rights granted under this
rule, provided the work is in the same classification from which the employee
was laid off.
C. Order of Reinstatement - If a vacancy is to be filled from the reinstatement
register, recall shall be made on the basis of length of service within the
classification. The regular employee on such register who has the most
service credit shall be first reinstated except in the cases of reduction in rank
where reinstatement shall be made by time of service in that rank.
Section 3.5. Employee Status When Reinstated
In the event a non-probationary employee leaves the service of the City due to
reduction in force and within the next two years the City rehires said former
employee in the same classification to which assigned at the date of reduction, such
employee shall be placed at the step in the relative salary range which he/she
occupied at the time of the original reduction.
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Section 3.6. EEO/Nondiscrimination
It is agreed that the City and Association are mutually obligated to provide equal
employment opportunity, consideration and treatment to all employees of the Kent
Police Department. Where the masculine or feminine gender is used in this
Agreement it is used solely for the purpose of Illustration and shall not be construed
to Indicate the gender of any employee or job applicant.
Section 3.7. Personnel Files
A. The personnel files are the property of the City and shall be kept under the
direct control of the Office of the Chief of Police 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.
B. All Police personnel files must be kept, maintained and secured in the
confines of the Police Chief's Office and the Employee Services Department.
The Police Chief and the Employee Services Director, or their designee, shall
be responsible for the privacy of such files. It is understood that staff of
each office will have access and may need to review or update personnel files
while conducting City business.
C. The City shall not allow anyone, other than those employees responsible for
Police Department operations and/or City administration including City
Attorney to read, view, or have a copy, in whole or in part, of any employee's
personnel file. This provision shall not restrict such information from
becoming subject to due process by any court or administrative personnel
tribunal or as required by state or federal law. Any time an employee's file is
subject to release, in whole or in part, to an outside party, the employee will
be notified three (3) work days prior to such release. The notice of release
shall contain the following information: to whom the record will be 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. 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'
9 P
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
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to the Police Chief, Employee Services Director, or their designee,
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.
Section 3.8. Transparency of Promotional Selections
Selection of candidates to be promoted to a position in the bargaining unit shall be
from a certified civil service list created from the testing process as established by
Civil Service Rules. The Chief shall select from the top three (3) eligible candidates
on the list to fill each vacancy. If the Chief elects to pass over a higher-ranking
candidate from among the top three candidates, the Chief will offer to provide a
written statement to the passed-over candidate(s) stating, in general, the Chief's
reasons for not choosing the higher ranking candidate(s). The written statement
will not become a part of the employee's official file.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4.1. Hours of Work
The normal working hours for employees covered by this Agreement shall not
exceed 40 hours per week. The work week will commence with day shift on
Sunday and go through grave shift on Saturday night.
A. The normal work week for officers in the patrol division, traffic, canine, crime
prevention and other uniformed assignments, except for modifications that
may be made through the provisions of this Agreement, shall be four (4)
consecutive days worked, followed by three (3) consecutive days off.
B. Employees of the bargaining unit will be allowed to bid for shift assignments
and days off. The bidding process shall be in accordance with Section 4.8.
C. The normal work week for officers working as detectives, pro-act, research
and development, training officer, school liaison or new assignments or
positions that may work closely with the police department administration
may be either a five (5) and two (2) or four (4) and three (3) schedule (2080
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hours) based upon the needs of the public and/or the department with
Saturday and Sunday off, provided however, in the event it becomes
necessary to expand the number of days in service, the normal work week
may be set at five (5) or four (4) consecutive days exclusive of Sunday.
Scheduling changes may be made where there is an operating need. The
Association shall be given thirty (30) days' advance notice of any change in
the basic schedule (5-2 to 4-3 or 4-3 to 5-2), and of the schedule determined
for new assignments or positions, and the reasons necessitating it, in order
to discuss alternatives and impacts.
D. The normal 4-3 work shift shall consist of ten (10) continuous hours Inclusive
of lunch periods.
The Patrol division is currently working under six (6) work shifts during each
work day: Day, Early Power, Early Swing, Late Swing, Late Power, and
Graveyard.
E. In the event the Police Administration changes an employee's normal work
schedule, the Administration agrees to provide fourteen (14) calendar days
notice prior to the effective date of the change. This provision does not apply
in emergencies, in disciplinary actions, or to probationary employees.
F. The Mayor may declare the closure or partial closure of City facilities or
operations in the case of emergencies or for safety reasons. Members of the
bargaining unit will continue to maintain their normal work schedule unless
specifically released from duty. Members of the bargaining unit who work
their normal schedule during such declarations will not receive additional
monetary compensation or time off.
G. Employees may trade shifts with other employees of equal rank within the
same work unit. Trades must be completed within thirty (30) calendar days
of each other. The trade shall be relatively cost neutral to the City and be of
minimal administrative burden. For the purpose of this section, a work unit
is defined as Detectives, Patrol, Traffic, Special Operations, and Canine
(specifically Drug K9 and General K9). The shift trade must be voluntarily
submitted by both employees and be pre-approved by both employees'
supervisor(s). The supervisor(s) shall have full discretion to approve/deny
the trade request.
Section 4.2. Overtime
A. Detectives on a 5-2 or 4-3 week shall be paid at the rate of time and one-
half for all hours worked in excess of forty (40) in one consecutive seven day
week.
B. PRO-ACT Officer on a 5-2 or 4-3 week shall be paid at the rate of time and
one-half for all hours worked in excess of forty (40) in one consecutive seven
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day week, Inclusive of lunch periods. Pre-authorized overtime shall be
provided for all hours In excess of the regular shift.
C. Patrol officers on a 4-3 week shall be paid at the rate of time and one-half for
all hours worked in excess of ten (10) hours per shift, inclusive of lunch
period and for all hours on a furlough day.
D. Both parties agree that Officers cannot work overtime for their same
shift/squad while they are off on holiday, vacation or compensatory leave.
E. In all cases overtime will be rounded to the nearest one-quarter (1/4) hour.
F. Employees are required to obtain supervisory approval prior to extending
their shift on overtime or working any overtime.
G. When the necessity for overtime arises, the department will make all
reasonable efforts to solicit volunteer(s). If no volunteers are found, the
department has the right to mandate an employee to work the overtime.
Section 4.3. Call Back and Minimum Overtime
A. Employees "called back" to work shall receive a minimum of three (3) hours
pay at the overtime rate for the work for which they were called back. This
provision applies when such call back results in hours worked which are not
annexed consecutively to either the beginning or end of a regular shift.
Travel time (not to exceed thirty (30) minutes each way) shall be
compensable on "call backs" and Includes time spent to and from the
employee's residence.
B. If any employee Is given a minimum of seven (7) calendar days notice of an
overtime assignment, the employee shall not be compensated for travel time
to and from the assignment. The employee shall be compensated a
minimum of three (3) hours at the overtime rate for the hours worked.
Section 4.4. Overtime Pay for Court Appearances
In the event that court appearances are required, the City shall attempt, wherever
possible, to schedule such appearances during an employee's regular duty shift,
rather than on furlough days. Such appearances outside of the regular duty
schedule shall be compensated for as follows.
A. Employees will receive pay at the overtime rate for court appearance time
outside of regular duty hours, provided, however, each employee required to
report for court appearances shall receive a minimum of four (4) hours pay
at the overtime rate, for separate court appearances In accordance with
Section 4.4.C.
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B. Court Appearances Annexed to Any Duty Shift - Court appearances
consecutively annexed to the beginning or end of any employee's duty shift
shall be treated as regular overtime and shall not be subject to the provision
of A above. A court appearance is considered annexed to an employee's
duty shift if the court starting or ending time is less than thirty (30) minutes
from the shift starting or ending time. Court appearances that are not
annexed to an employee's duty shift shall be subject to the provision of A
above.
C. Pyramiding of court appearances is prohibited. There will be a maximum of
one minimum guarantee in the morning and one minimum guarantee in the
afternoon. Continuance of a morning appearance Into the afternoon shall not
constitute a separate court appearance.
D. Standby Time for Court Appearance - Employees who are required by the
court or administration to "standby" for possible court appearance, while off
duty or on furlough days off, will receive one (1) hour compensation at the
regular time rate for each two (2) hours or portion of assigned standby time.
Standby time must be pre-authorized and logged by the Police administration
and have a starting time and ending time.
E. Court Appearance Call Off - Compensation (per A above) shall be granted
when: 1) the employee is not notified by an authorized person or court line
by 3:45 PM on the day prior to the court appearance date; and 2) the
employee has contacted the department after 3:45 PM on the day prior to
the court appearance date to confirm whether the employee's presence is
needed.
Employees shall be compensated at one-half (1/2) the applicable court
appearance minimum rate as specified in A or B above if the employee was
required to call on a non-work day for the following week's/ day's court
schedule by 3:45 PM on the day prior to the court appearance date.
Section 4.5. Compensatory Time
A. Employees may choose to accrue compensatory time in lieu of receiving
overtime pay. Compensatory time shall be earned at the rate of 1-1/2 hours
for each hour of overtime worked.
B. An employee may accumulate up to 80 hours of compensatory time. All
hours above 80 must be paid unless special approval is received from the
Chief and Employee Services Director.
C. The use of compensatory time shall be in accordance with Article 9 - Annual
Leave.
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D. Employees who wish to receive pay for any of their accumulated
compensatory time will receive this pay by submitting a written request to
their timekeeper.
E Any employee of the Kent Police Department who is assigned to perform
work for an outside contracted agency will continue to be covered by the
terms of this labor agreement, which includes the eligibility to accrue and use
compensatory time in lieu of overtime in accordance with this section.
However, all compensatory hours earned while working for the contracting
agency shall be used or cashed out prior to the employee's return to regular
duty with the Kent Police Department. All compensatory hours earned while
working for the Kent Police Department may be used as stated in Section
4.5.C.
F Employees working any overtime that is funded from sources outside of the
Police Department's budget shall only receive overtime pay, not
compensatory time, for such hours worked. This will include any hire-back to
directly cover for the employee working through this outside funding source
but only if the source reimburses the department for the hire-back.
Section 4.6. Kennel Time and K-9 Overtime
A. Kennel Time. Employees assigned as K-9 Officers shall be given a total of
fifteen (15) hours per month (10 hours at 1'/2 = 15 hours) for Kennel Time.
Kennel Time is defined as time outside of a normal workweek that a K-9
Officer spends on routine care and maintenance of their assigned Police
Department animal. K-9 Officers can accumulate a maximum of 90 hours of
Kennel Time. Kennel Time is intended for employees to take their leave on a
more current basis. Police Administration will give employees maximum
opportunity to schedule and take their Kennel Time off. Any Kennel Time
accrued above 90 hours will be scheduled off at Police Administration's
discretion. Kennel Time off cannot be used on non-purchased holidays
(holiday leave must be used).
Employees leaving the K-9 program will have twelve (12) months from their
separation from the program to use their kennel time balance. If the balance
has not been used by the end of the twelve (12) months, Police
Administration shall mandate how the time is to be used.
B. K-9 Overtime. Employees assigned as K-9 Officers shall be paid overtime,
with prior supervisory approval, for the time spent for extraordinary care
(other than normal Kennel Time) of their assigned animals outside of the
normal work shift. This includes emergency care and/or trips to the
veterinarian. The time spent has no minimum overtime provision, but does
include travel time. The specific reason for the overtime shall be explained
on the overtime slip.
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C. Puppy Program. Employees who host a canine puppy for the Kent Police
Department K-9 program shall be excluded from A and B above. The
department will reassign employees for five (5) hours per month to duties
related to the puppy program. Officers will be reassigned during overlap
periods and the five (5) hour block cannot be accumulated and will be
exhausted each month. The department will provide the food, veterinary
care and minimum equipment for the well-being of the K-9 candidate
(puppy). The department will not provide kennels or other significant
equipment for this program. Items damaged by the puppy, due to neglect or
lack of supervision by the host family, will not be reimbursed.
Section 4.7. Standby for Duty
Subsection 4.7 1 Standby for Duty (for non-Detectives)
A. The City and Association agree that the use of standby time shall be
minimized consistent with sound law enforcement practices and maintenance
of public safety. Standby assignments shall be for a fixed, predetermined
period of time not to exceed a regular shift, unless the public safety is
considered endangered, and then shall extend as long as it is deemed
necessary by the Police administration.
B. Employees formally placed on standby status shall be compensated on a
basis of one (1) hour at the regular straight time rate for every two (2) hours
or portion thereof of standby time. If an employee is in fact called back to
work, overtime provision will take effect upon reporting for duty.
C. All bargaining unit members shall carry their pagers or cell phones at all
times while on and off duty to provide a means for the department to contact
them in cases of emergency. Employees are not required to carry their cell
phones/pagers while on approved leave. Employees who choose to carry
their personal cell phones in lieu of pagers shall maintain text messaging
capability on their cell phones and keep the department informed of their cell
phone information. While off duty, unless placed on standby per paragraph
B, employees will not be compensated for carrying their pagers/cell phones
and are not required to respond to call backs except in cases of emergency.
Examples of emergency situations include, but are not limited to, natural
disasters, riots, demonstrations, and event(s) which cannot be handled by
call up of the next shift. This paragraph (C) shall not apply to detectives call-
outs.
Subsection 4 7 2 Standby for Duty (for Detectives)
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A. Detectives are Issued a pager and/or cell phone by the department, which shall
be carried by the detectives at all times except while on approved leave Police
management reserves the right to call back detective(s) as necessary, per
Subsection 4 7 2 B Upon receiving a page or call, the detective shall
Immediately contact the supervisor Initiating the call back, per Subsections
4 7 2 B 2 and 4 7 2 B 4 If called back, they shall be paid in accordance with
Section 4 3 Call Back and Minimum Overtime
B To facilitate the standby process for Detectives, the parties agree to establish a
standby program as follows
1 Two (2) Detectives and one (1) Detective Sergeant will be placed on
standby (call-out duty) for a one-week rotational basis, those on the call-
out duty shall move to the bottom of the rotation after their week,
2. The three (3) employees listed above are responsible to remain fit for duty
and be located within a reasonable distance from Kent Police
headquarters in order to respond to call back within a reasonable period of
time (i a within an hour),
3. During the assigned call-out duty 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
4 Although only the employees on the call-out duty are required to report to
the call, this does not prohibit the City from calling, in order of placement
on the rotational list, other detectives to respond to a call back
i Employees unable to respond to the call back must still contact the
supervisor initiating the call Being "unable" may include being out
of the area where you're not able to return in a timely manner,
having a child care situation where you are the only adult present to
care for small children, being impaired by alcohol
5 Once a standby schedule has been established, it is the employee's
responsibility to arrange for coverage if s/he is not available for call-out
duty If the employee cannot cover the duty due to long-term illness,
injury, or leave of absence, the Commander will make a re-assignment of
the call-out duty as equitably as possible (but cannot guarantee equal time
assignment) Detectives may trade standby shifts with another Detective
in accordance with Section 4 1 G Shift trades
C To compensate Detectives for the standby requirement to respond to call back
(per 4 7 2 B 2 above), Detectives shall receive 8 standby hours off for each
completed week of standby duty This additional leave shall be banked for future
use and will have no cash value The maximum number of standby hours
banked shall not exceed 40 hours at any time and may be carried from year to
year Banked standby hours shall be requested in the same manner as vacation
leave
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Detective Sergeants shall receive the equivalent of 40 hours annually of call-back
leave in their bank in 1 666 hour increments per pay period while serving as a
Detective Sgt In addition, Detective Sergeants shall not be mandated off on
holidays in accordance with Section 7 2 1
Section 4.8. Shift Bidding
Subsection 4.8.1 Shift Assignments
A. Shift assignments for Officers and Sergeants shall be determined by a bid
system based on tenure in those positions with Kent Police Department. The
bid system shall give priority to the most senior personnel for his or her shift
assignment preference.
B. Patrol Officers' tenure shall be determined from the date of hire with Kent
Police department for that time that the officer is a commissioned Patrol
Officer with Kent Police Department. Tenure for the Sergeant shall be
determined by the time in grade as a regularly appointed Sergeant at the
Kent Police Department. Commissioned officers are not eligible to bid for
shift assignments during the initial probationary period in their rank.
C. Bids and assignments shall be made every six (6) months. The cycle for
bids/assignments shall be implemented on the first Sunday of February,
effective with the commencement of the day shift, and the first Sunday in
August, effective with the commencement of the day shift. All assignments
shall remain in effect until the next bid cycle unless it should be determined
by the City that the Patrol Officer or Sergeant shall be reassigned to a non-
bid system assignment or position during that period of time.
D. The bid process shall occur as scheduled, regardless of any absence of a
Patrol Officer or Sergeant from the Police Department. If the individual is
unable to report to work by the first Sunday in February or the first Sunday
in August, the individual cannot participate in the bidding process for that
work cycle.
Subsection 4.8.2 Shift Bidding Process
The following provisions shall control the process of bidding and assignment in
accordance with the above guidelines:
A. Shift preference bids shall be delivered to the division commander, or his or
her designee, during the established bid/assignment cycle.
1
B. No early or late shift preference bids shall be accepted.
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C. Vacant assignments that occur after the bid deadline shall be filled by Patrol
Officers or Sergeants, as applicable, that are reassigned after the assignment
deadline to the Patrol Division of the Police Department. Those assignments
shall continue until the next designated period for bidding.
D. The Employer reserves the right to restrict individuals from bidding where
required by a department operating need.
E. During the bid process, the Employer reserves the right to move an
employee into a shift assignment or days off rotation slot that is less
preferred by the employee based on specialty assignments, departmental
operating needs, employee performance, balancing of the squads, and
employee hardship/special need(s) request.
F. The Employer reserves the right to designate shift slots available for bidding
by each specialty assignment. (for example, Generalist K-9 Handlers may
only bid for designated Generalist K-9 shifts; FTO's may only bid for
designated FTO shifts to allow for equal distribution for both sides of the
schedule. For the purpose of shift bidding within the specialty assignments,
seniority is defined as continuous length of service within the specialty
assignment.
Subsection 4.8.3 Shift Bidding Dates
The following is the process for the submission of bids and the assignment of shifts:
A. Each Sergeant shall submit his or her shift preference bid no earlier than
October 1 or later than October 7 and no earlier than April 1 or later than
April 7, as applicable. All such bids must be received by the division
commander or his designee no later than 5 p.m. on the applicable date. The
shift assignments shall be posted no later than October 12 or April 12, as
applicable.
B. Each Patrol Officer shall submit his or her shift preference bid no earlier than
October 13 or later than October 19 and no earlier than April 13 or later than
April 19, as applicable. All such bids must be received by the division's
commander, or designee, no later than 5 p.m. on the applicable date. The
assignments shall be posted no later than the last day of the month in
October or April, as applicable.
Subsection 4.8.4 Days Off Rotation
The rotation for days off shall occur on the Sunday following every sixth (6th),
thirteenth (13th), twentieth (20th) and twenty-sixth (26th) week of the cycle and
starting with the day shift. This shall take effect on the first Sunday in February.
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Section 4.9. Daylight Savings Time
Employees who work graveyard shift during the fall when the clocks are moved
back one hour will be paid one hour at the overtime rate of time and one-half.
Employees who work graveyard shift during the spring when the clocks are moved
forward one hour will be required to utilize one hour of annual or compensatory
leave, or be allowed to work the additional hour to complete their normal shift
hours at the employee's choice.
Section 4.10. Rest Periods
The parties agree it is mutually beneficial to officer safety and the quality of service
to provide at least eight (8) consecutive hours of rest for commissioned officers
between regularly scheduled work shifts. To ensure such, the parties agree to the
following:
A The City will make every effort when scheduling employees to provide at
least an eight (8) hour consecutive rest period between normally scheduled
work shifts. If an employee is mandated by the City to work overtime
(Including court overtime), the employee shall take time off on paid
administrative leave to allow for a continuous eight (8) hour rest period
between normally scheduled work shifts.
B Employees shall not work additional voluntary hours/assignments which
would:
1. result in less than an eight (8) hour consecutive rest period between
normally scheduled shifts; or
2. result in the employee working more than sixteen (16) hours in a
twenty-four (24) hour period.
C. This provision shall not apply during emergencies. Emergencies include, but
are not limited to, natural disasters, riots, demonstrations, and special
events which cannot be handled by call up of the next shift.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1. Notification of Work Rule Changes
The City agrees to notify the Association in advance of changes in departmental
operating procedures or working conditions which would affect employees in the
bargaining unit. Conferences to discuss such changes may be arranged prior to the
time such changes would become effective. However, nothing in this section shall
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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.
Section 5.2. Modified Work Schedule
The parties agree to consider modifications to the normal work schedule and
rotation cycle for employees, for a specified period, where there is a demonstrated
need. Such modified work schedules must be approved by the Police Chief, or
designee, the employee, and the Association and shall not be precedent setting.
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 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 ten (10) hours per month. However, 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 1,190 hours. (See Section 6.6.)
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C. Recruitment Incentive
In an effort to attract, recruit and retain qualified Police Officers, the City
may offer new hire officers a lump sum of sick leave hours. This offer shall
be made at the Chief's sole discretion and shall not set precedence for future
hiring.
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. Employees on sick leave for any period longer than one (1) week shall
contact their Commander, or designee, on a weekly basis, barring
extenuating circumstances, unless their physician provides a certification for
the length of leave. If the leave extends beyond four consecutive months,
the employee has the responsibility to contact his/her Commander, or
designee, at the end of the fourth month to ensure all required follow-up
documentation is provided. Prior to returning to work, the employee must
provide any documentation required by the City. The City reserves the right
to require the employee to be evaluated by the employer's physician to
determine the employee's ability to perform the full duties of a police officer.
C. All LEOFF II employees shall be entitled to use accrued sick leave to care for
a family member as provided for under RCW 49.12.270.
Section 6.4. LEOFF II Employees--On-Duty Injury Leave Provision
Employees injured while on-duty must apply for "Worker's Compensation Benefits"
for disability periods described in City Policy. Employees will be paid for the balance
of their regular (not overtime) shift the day of the injury if the employee requires
medical attention and is unable to return to work that day; the employees will not
be required to use any of their leave for the balance of this day. Questions of policy
clarification or interpretation should be referred to the Employee Services Director
in writing.
The first three (3) calendar days following the date of injury are 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 "Worker's 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 "Worker's
Compensation" time loss payments and the balance supplemented by the City.
During this six-month workers compensation supplemental pay period, the
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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.
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 worker's compensation disability period, the City shall
continue to provide insurance benefits as outlined in Article 18 Insurance Coverage.
The employee shall be responsible for their portion 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 compensatory time, annual leave, or
leave without pay for the excess time required.
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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 amend: i
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 maximum time that will be allowed for assignment to light-duty
status is sixty (60) days; provided that upon request of the employee and
approval of the employer, 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
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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. Newly hired employees on light duty during their probationary period, see
Section 1.5.4 - Light duty Probation extension for New Hires.
7. Employees on light duty as a result of an on-the-job injury or illness may
receive up to two (2) hours per week of paid administrative leave to
attend a medical or physical therapy appointment related to the on-the
job-injury or illness. The employee may receive up to fifty-two (52) hours
annually for this purpose. Supervisors may allow flexibility in work
schedules, to help lessen the amount of sick leave used by the employee,
for attending medical or physical therapy appointments necessary for on-
the-job injuries. Employees will reasonably attempt to schedule these
appointments during off-duty hours.
ARTICLE 7 - HOLIDAYS
Section 7.1. Holidays Observed
The following holidays shall be considered as holidays for full time employees.
1. New Year's Day
2. * Martin Luther King Day
3. * President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. * Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas
11. * Floating Holiday
Those employees whose job classification requires the traditional work schedule
Monday through Friday (see Section 7.2.H) 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. Employees who do not
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work the traditional work schedule (see Section 7.2.H) will observe the remaining
holidays on the actual day of the holiday.
* Purchased holidays
Section 7.2. Holiday Compensation
A. Members of the bargaining unit shall be entitled to a combination of 110
hours of time off with pay and/or compensation in lieu of time off during each
year, as provided in Section 7.2.B and 7.2.D.
B. The City shall purchase four (4) holidays from members of the bargaining
unit each year which include Martin Luther King Day; Presidents' Day;
Veterans Day; and the individual floating holiday. The City will issue a
holiday check to all qualified members of the bargaining unit on or about
December 1 of each year for the holidays purchased. Members working less
than a full calendar year will receive such holiday compensation in a
proportion equal to their employment during the calendar year. If an
employee wishes to take one of the purchased holidays off, he/she shall be
authorized to use the following leave types: holiday leave bank, comp time
or vacation.
Those employees who wish to receive pay for their unused holidays, in
addition to the purchased holidays, will have the option of receiving this pay
on an annual basis and such pay shall be included with the annual "holiday
buy-out" check.
Those employees who exercise this option shall submit their request in
writing to the Chief of Police no later than November 15th each year.
Those employees who do not wish to receive pay for their unused holidays
may retain them in their holiday leave bank. The maximum holiday accrual
limit shall be 220 hours. All hours above 220 shall be cashed out ?
automatically throughout the calendar year. This provision does not prohibit
carryover of holiday hours beyond the maximum limit when exceptional
circumstances exist. Carryovers can only occur when requested by
employees in writing and when approval is granted by the Police Chief and/or
the Employee Services Director. Approval of carryover above the cap is done
on a case-by-case basis and does not serve as precedent for any subsequent
requests.
C. Bargaining unit employees who are scheduled to work on one of the holidays
listed in Section 7.1 shall be compensated at the rate of 1-1/2 times the
regular base pay for all hours worked; except those officers required to work
Thanksgiving or Christmas shall be compensated at the rate of two times the
regular base pay for all hours worked. Employees called in to work on one of
the holidays listed in section 7.1 (except Thanksgiving and Christmas), who
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otherwise would not have been scheduled to work on the holiday (dual
Inconvenience), shall be paid at the rate of two times the regular base pay
for all hours worked. At no time will an employee receive more than double
time for any hours worked on a holiday.
Example 1: An employee who works a regularly scheduled shift on a holiday
(except Thanksgiving or Christmas), shall be paid at the rate of 1-1/2 for
that shift.
Employees authorized to work beyond the expected shift ending time to
finish paperwork, to handle a late call, or for any reason other than staffing
shall be paid at the regular overtime rate of 1-1/2. However, if they are
authorized to work beyond the normal shift on a Holiday due to staffing
reasons, whether by request or volunteer, they shall receive double time for
the extension of the shift.
Example 2: Employees scheduled to be off work on a holiday who are
authorized to work, shall be paid at the rate of two times the regular base
pay for all hours worked on that holiday.
D. Bargaining unit employees who are required to work on one of the non-
purchased holidays (7 holidays) shall in addition to the provision of "C" above
be entitled to take the holiday off at a later date subject to approval of the
Police Administration.
E. Bargaining unit members who are required to work on one of the purchased
holidays (4 holidays) shall be entitled to only that compensation stated in "C"
above. Additional time off at a later date is not provided.
F. Bargaining unit members whose regularly scheduled day off falls on any of
the non-purchased holidays (7 holidays) shall be entitled to the holiday(s) off
at a later date subject to the approval of the Police Administration. However,
employees whose regularly scheduled day off falls on any of the purchased
holidays (4 holidays) shall not be entitled to a day(s) off at a later date.
G. Shifts that are eligible for time and one-half as outlined in Section 7.2 are
only those shifts that begin work between midnight and 23:59 hour of the
holidays listed in Section 7.1.
However, employees required to work grave shift, late swing shift or any
hours from 15:00 to 23:59 hour on Christmas Eve shall also be compensated
at the rate of time and one-half. Additional time off at a later date and dual
inconvenience shall not be provided to employees required to work Christmas
Eve. Employees who are working their regularly scheduled Day shift on
December 24th are not eligible for the time and one-half compensation.
However, employees required to work grave shift, late swing shift or any
hours from 15:00 to 23:59 hour on New Year's Eve shall also be
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compensated at the rate of time and one-half. Additional time off at a later
date and dual Inconvenience shall not be provided to employees required to
work New Year's Eve. Employees who are working their regularly scheduled
Day shift on December 31st are not eligible for the time and one-half
compensation.
H. Employees assigned to Patrol Division, defined as non-traditional/ shift work,
which includes Patrol, Traffic, SOU, and SRO, will be allowed to work on
holidays as scheduled. Employees assigned to Detectives, SIU, and NRT will
refer to Section 7.2.I. Those employees not listed previously are considered
to work a traditional/non-shift schedule and will not work on the holidays
listed in Section 7.1.
I. Up to two (2) members of the detective unit per holiday may be allowed to
work on the seven (7) non-purchased holidays during their regularly
scheduled hours (or from 0800 to 1800 hours), as approved by their
supervisor. Approximately 30 days before the holiday, the supervisor shall
commence notifying detectives of their eligibility to work on the holiday.
Eligibility to work on the holiday shall be based on a continuous rotational
basis. It shall be the employee's responsibility to notify the supervisor in a
timely manner of his/her availability to work. Employees who fall to notify
their supervisor of their availability will be passed on the list. Once the
holiday assignments are made, if the scheduled shift cannot be worked by
the detective(s) assigned, employees assigned to NRT and SIU will be given
the opportunity to work the vacant holiday slot. Once the holiday
assignments are made, if the scheduled shift cannot be worked by the
detective(s), or employees assigned to SIU or NRT, the City is not required to
fill the vacant holiday slot.
ARTICLE 8 - 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 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 reimbursement include registration, books, and fees
associated with such training. Employees must submit for approval in
accordance with Section 8.2 and for reimbursement in accordance with
Section 8.4.
B. Education. Employees who wish to attend classes offered by schools,
colleges, or universities may receive reimbursements upon successful
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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
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
and for reimbursement in accordance with Section 8.4.
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 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.
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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
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.
ARTICLE 9 - ANNUAL LEAVE
Section 9.1. Annual Leave Accrual
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A. All members of the bargaining unit shall receive annual leave benefits as
follows:
Hours of Leave Accrued
Years of Employment Annually Monthly
ist year 96 hours 8 hours
2"d through 4th year 104 hours 8.67 hours
5th year 120 hours 10 hours
61h through 7th year 128 hours 10.67 hours
8th through 9th year 136 hours 11.33 hours
loth year 144 hours 12 hours
11th through 14th year 152 hours 12.67 hours
15th year 168 hours 14 hours
16th through 191h year 176 hours 14.67 hours
201h through 22"d year 184 hours 15.33 hours
23rd through 251h year 192 hours 16 hours
26th year and thereafter 198 hours 16.5 hours
B. In an effort to attract, recruit and retain qualified Police Officers, the City
may offer new hire officers a lump sum of annual leave hours. This offer
shall be made at the Chief's sole discretion and shall not set precedence for
future hiring. This lump sum leave shall be treated like annual leave for
scheduling and leave use purposes in accordance with the provisions of this
Agreement and City Policy. If the employee separates from employment
prior to completing his or her probationary period as Identified in Subsection
1.5.1 New Hires of this Agreement, this lump sum, or any remaining portions
thereof, shall have no cash out value. After the employee has passed
probation, any remaining lump sum hours will be transferred to the
employee's annual leave bank and shall be eligible for cash out at separation.
Section 9.2. Scheduling Annual Leave
Annual leave shall be granted to the employee within the following guidelines.
A Each shift will have three (3) slots available for leave usage for vacation,
holiday or compensatory time. Two (2) of the three (3) slots will be
guaranteed if the leave requests are submitted, either through the seniority
vacation bid process or otherwise, at least thirty (30) days in advance of the
annual leave usage dates. The third slot will be approved if no overtime is
needed or if the required overtime slot is filled.
B. Exceeding the maximum number of slots off per shift may be authorized by
the Division Commander, or designee.
C. This also does not preclude the supervisor from approving annual leave
requests above the maximum limits if such leave use does not result in
overtime and staffing levels are not adversely affected.
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D. For the purposes of annual leave, early and late swing shifts will be
recognized as one shift. Days and graves will each be recognized as
separate shifts. Both side A and side B are separate from each other.
Section 9.3. Vacation Priority
A. Vacation Bid System.
There shall be two (2) designated periods for seniority based vacation bids.
The first vacation bid period shall be from November 1 to November 30. This
bid shall allow employees to bid for and secure, by seniority, vacation dates
within the February through July shift rotation of the following calendar year.
Vacation requests from this bid period shall supersede all other vacation
requests for time off during the February through July rotation.
The second bid period shall be from April 1 to April 30. This second bid shall
allow employees to bid for and secure, by seniority, vacation dates from the
August through January shift rotation. Vacation requests received during this
bid period shall supersede all other vacation requests for time off during the
August through January rotation.
B. Vacation requests received outside of the seniority bid periods will be
approved within the following provisions:
1. Leave requests with at least thirty (30) days advance notice shall be
recognized and approved (in accordance with Section 9.2) according to
the date the request was received by the supervisor.
2. Leave requests submitted with less than thirty (30) days notice shall be
approved (in accordance with Section 9.2) in the order that any necessary
staffing coverage is secured. It is the responsibility of the employee to
ensure that any necessary staffing coverage is filled prior to approval of
their leave request.
C. Due to the department's need to have sergeants and officers available to
staff Cornucopia Days and Splash, the dates of these functions will be
"blacked out" and leave will not be approved during these times until
minimum department staffing requirements are met (in accordance with
Section 9.2). If an employee's regular day(s) off fall during these functions,
and they are requested to work, they will not be expected to adjust their
schedule to avoid overtime.
D. Scheduling of vacation shall not be contingent upon vacation scheduling for
civilian employees.
Section 9.4. Maximum Accrual
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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 limit by December 31 of the following year. Compensatory
and Holiday accumulation and use are 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 the Employee Services Director. Approval of carryover is done on a
case-by-case basis and does not serve as precedent for any subsequent requests.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by
applicable Washington State Statute.
ARTICLE it - BEREAVEMENT
Employees shall be entitled to use bereavement leave in accordance with City
Policy.
ARTICLE 12 - MANAGEMENT RIGHTS
Section 12.1. General Management Rights
The Association recognizes that an area of responsibility 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.
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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 certain officers or
employees.
F. To take whatever actions may be necessary to carry out police
functions in emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations entrusted to
management.
I. To determine and administer policy.
The above listing of specific management rights is not intended nor shall be
considered restrictive of, or as a waiver of any rights of the City not listed herein.
Such inherent management responsibilities are not subject to arbitration and shall
remain exclusively with the City except as they may be shared with the Association
by specific provisions of the Agreement.
Section 12.2. Volunteers and Temporary Employees
The Association and the City have historically worked together to resolve issues
related to the use of volunteers and temporary part-time employees. The parties
desire to retain this cooperative spirit, and agree upon the following general
principles:
A. The City will not hire any temporary part-time employees to work
within the bargaining unit without obtaining written agreement from
the Association;
B. The City may continue to use volunteers for records filing at the
training center, for pawn shop data entry and crime prevention; and
C. The Association is the bargaining representative for the personnel
assigned to the oversight of the volunteers; and
D. 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, population, and etc. Whenever
such changes would affect the wages, hours and working conditions of
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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. No employee shall strike or refuse to perform his assigned duties to the best
of his ability. The Association agrees that it will not condone or cause any strike,
slowdown, mass sick call, or any other form of work stoppage or interference to the
normal operation of the Kent Police Department.
Section 13.2. Performance of Duty
It is agreed that all members of the bargaining unit shall perform all functions and
duties required by laws of the State of Washington, ordinances of the City of Kent,
and Civil Service rules and regulations and operating policies of the department.
ARTICLE 14 - CONFERENCE BOARD/COMMUNICATIONS
Section 14.1. Conference Board
There shall be a department conference board consisting of three (3) members
named by the Association and three (3) officers of the department named by the
Chief. The Chief, or a representative, shall sit as one of the three (3) officers to the
maximum extent practical, but any of the six (6) members may be replaced with an
alternate from time to time. A representative of City Administration may be
requested to attend conference board meetings at the discretion of either party.
The conference board shall meet as mutually determined and shall consider and
discuss matters of mutual concern pertaining to the improvement of the
department and the welfare of the employees.
The purpose of the conference board is to deal with matters of general concern to
members of the department as opposed to individual complaints of employees.
Accordingly, the conference board shall not discuss grievances properly the subject
of the procedure outlined in Article 15, except to the extent that such discussion
may be useful in suggesting improved department policies. Either the Association
representatives or the City representatives may initiate discussion of any subject of
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a general nature affecting the operations of the department or Its employees. An
agenda shall be prepared and distributed in advance of each meeting and minutes
shall be kept.
Section 14.2. Communications with the Chief Administrative Officer
The Association and City agree that areas of general concern not specifically
mentioned in this contract may arise. Such concerns may be related to
interpretation of procedures, changes in policies, working conditions, etc., that may
generally affect employees or City rights and responsibilities. Acknowledging that
such concerns could arise and further that such concerns are of a nature that they
should not properly be considered under the Grievance Article of this agreement,
the following procedure shall be established to allow either the City or Association
to directly address issues or questions of concern.
A. The coordinators of this procedure shall be the Association Chairperson and
Chief Administrative Officer, or their designees.
B. Meetings may be initiated by either the City or Association by request. A
mutually agreeable meeting time and place will be set. Representatives of
police administration and Employee Services shall be allowed to attend the
meeting.
C. A proposed agenda of items to be discussed shall be prepared and distributed
in advance of a proposed meeting. Statements, fact-finding results, etc.,
should be available in writing for review in order to explain or clarify areas of
concern.
D. Minutes of each meeting shall be kept.
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 3 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.
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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
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 the grievance is not resolved as provided in Step 1, it shall be
forwarded to the appropriate Division Commander by the aggrieved
employee or Association representative within seven (7) calendar
days. The Division Commander shall answer the grievance within
seven (7) calendar days.
Step 3 If the grievance is not resolved as provided in Step 2, it shall be
forwarded by the aggrieved employee or Association representative to
the Police Chief with a copy to the City Employee Services Director
within fourteen (14) calendar days after the Step 2 answer. The Police
Chief shall convene a meeting within fourteen (14) calendar days after
receipt of the grievance between the aggrieved employee and
Association representative, together with Department representatives
as designated by the Chief. The City Employee Services Director or a
designee may attend said meeting. Within fourteen (14) calendar
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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, 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. 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.
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.
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. The arbitrator's 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.
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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) calendar days after the case is submitted
to the arbitrator.
5. Any arbitrator selected under Section 15.5, Step 5 of this Agreement
shall function pursuant to the rules and regulations of the Federal
Mediation and Conciliation Services unless stipulated otherwise in
writing by the parties to this Agreement.
Section 15.7. Election of Remedies
Actions subject to appeal through either 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 ten (10) working days or less prior to the initial filing of the
grievance.
ARTICLE 16 - POLICE OFFICERS' BILL OF RIGHTS
The City retains the right to adopt rules for the operation of the Kent Police
Department and the conduct of its employees provided that such rules do not
conflict with City Ordinances, City and State Civil Service rules and regulations as
they exist, or any provision of this Agreement. It is agreed that the City has the
right to discipline, suspend, or discharge any employee for just cause.
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The Investigation of complaints of misconduct by any officer will be handled in
accordance with Kent Police Department Policy and Procedures Manual (Standards)
and this agreement. This Agreement shall control in the event of a conflict between
the Standards and this Agreement.
Section 16.1. Bill of Rights
In an effort to ensure that investigations made by an officer 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 employees shall be entitled to the
protection of what shall hereafter be termed the "Police Officers Bill of Rights" as
follows:
A. At least twenty-four 24 hours before an interview commences the subject
Y ( ) � J
of an internal investigation shall be informed, in writing, of the following:
• That the employee is considered a subject of the internal investigation,
• The nature and a summary of the allegation(s), as well as the date and
location that the alleged conduct occurred;
• Whether the employee is suspected of committing a criminal offense
and/or misconduct that would be grounds for termination, suspension, or
other disciplinary action (greater than written reprimand);
• The name of the complainant or the victim; provided, that in the event
the employee is suspected of committing a criminal offense, disclosure of
the identity of the complainant or the victim may be withheld in the event
disclosure would Jeopardize the safety of the complainant or victim;
• The employee's right to have a KPOA representative present during the
interview. In addition the employee shall be afforded an opportunity and
facilities to contact and consult with a KPOA representative and its
attorney prior to the interview.
• The name of the officer(s) in charge of the investigation and the name of
the officer who will conduct the interview. If the person conducting the
investigation and/or interview is not a Kent Police Department employee,
then his/her place of employment will also be provided.
B. The interview of an employee shall be at a reasonable hour, preferably when
the employee is on duty, unless the exigency of the interview dictates
otherwise.
C. At the cost of the requesting party and in accordance with Chapter 9.73
RCW, the employee who is the subject of an internal investigation or the City
may request that the interview be recorded, either mechanically or by a
stenographer. In the event the interview is recorded, there shall 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.
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Employees Interviewed as witnesses shall also be entitled to an exact copy of
any written statement he/she has signed.
D. Interviews shall be completed within a reasonable time and shall be
performed 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.
E. No employee shall be required to submit to a polygraph examination. The
employee will not be dismissed or have any other penalty imposed upon him
or her for not taking this examination. This provision shall not apply to the
initial application process for employment.
F. Any employee who becomes the subject of a criminal investigation shall have
all rights accorded by the state and federal constitutions and Washington
law. During an investigation in which an employee has been advised of
his/her 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 in any criminal
investigation.
G. 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.
H. 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.
I. The City shall not require employees who are subject of an investigation to
be subjected to visits by the press or news media; nor shall their home
addresses or contact information be given to the press or news media
without the respective employee's consent (unless otherwise compelled by
law).
J. Upon completion of the investigation, the employee under investigation shall
be promptly informed of the results of the investigation, i.e., whether the
complaint is preliminarily determined to be unfounded, exonerated, not
sustained, or sustained. If the preliminary findings of the investigation are
that the complaint should be sustained, or other misconduct found, the
employee and his or her KPOA representatives shall be furnished a complete
copy of the investigation report and file prior to making a final decision and
sufficiently in advance of any Loudermiii Hearing.
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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.
1. 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 contim ow-
for these visits.
2. 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.
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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 As used in this section, "doctor" refers to a psychologist or psychiatrist
E 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
Police Salaries - MONTHLY
Required Months
Police Class (Steps) 1/1/12 in Each Step
Recruit (A) $4,680 * See Section 17.2
Probation Officer (B) $4,841 12 months
Patrol Officer 4 (C) $5,083 12 months
Patrol Officer 3 (D) $5,376 12 months
Patrol Officer 2 (E) $5,716 12 months
Patrol Officer 1 (F) $6,094
Sergeant $7,215
Police Salaries - HOURLY
Required Months
Police Class (Steps) 1/1/12 in Each Step
Recruit (A) $27.000 * See Section 17.2
Probation Officer (B) $27.929 12 months
Patrol Officer 4 (C) $29.325 12 months
Patrol Officer 3 (D) $31.015 12 months
Patrol Officer 2 (E) $32.977 12 months
Patrol Officer 1 (F) $35.158
Sergeant $41.625
The above salary schedule represents the following:
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It is acknowledged that the equivalent of 100% of the Seattle-Tacoma-
Bremerton CPI-W, June 2011 Index, was 3.70/c but due to unprecedented
state and local difficult economic times, effective January 1, 2012, all
members of the bargaining unit shall not receive any COLA.
Section 17.2. Salary Plan
A. Employees shall be placed at the "Academy (A)" step while attending the
Police Academy.
B With successful completion of the Police Academy, the employee shall be
moved to the "Probationary Officer (B)" step effective the first of the month
following such academy completion.
C Each subsequent step increase will be made at the completion of each
cumulative twelve (12) month service period completed until the employee
reaches the top of the pay scale - "Patrol Officer 1 (step F)".
D. The only exceptions shall be those provided by Civil Service, wherein
education or prior police experience or training, allow employees to be hired
at salary steps higher than step B.
Section 17.3. Premium Pay
A. Premium pay of three and one half percent (3.5%) of base pay per month in
addition to regular pay shall be granted to officers who are assigned to the
following units and/or assignments:
1. Detective;
2. Special Investigations Unit-SIU (formally Pro-Act; NARC)
3. Special Operations Unit- SOU;
4. Traffic;
5. Canine;
6. Valley SWAT;
7. Hostage Negotiator;
8. Neighborhood Response Team (NRT), effective at date of contract
signing;
9. Recruitment Officer; and
10. Administrative Sergeant.
B. Premium pay of six percent (6%) of base pay per month in addition to
regular pay shall be granted to employees assigned as field training officers
in the patrol division and to officers assigned full-time to the Criminal Justice
Training Commission.
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C. The officer assigned to the Police Science Instructor is referenced in Appendix
„B„
D. It is understood that there will be no pyramiding of premium pay and that an
officer can only receive premium pay for one assignment at a time.
Section 17.4. Working Out of Classification
A. Any employee who is assigned to perform duties of a higher paying rank shall
be paid at the rate of the higher rank if the temporary assignment equals or
exceeds two hours. However, the City will not make temporary assignments
to Commander or Assistant Chief for less than one full shift.
B. Only temporary assignments to the rank of Sergeant and above shall be
considered for "working out of classification" pay.
C. 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
regular classification. Appointments to the rank of acting Sergeant shall be
made whenever a regular Sergeant is absent, provided the shift commander
does not assume the Sergeant's responsibilities or assigns those duties to the
overlapping Sergeant.
D. When a Sergeant is assigned to act or given a provisional appointment to
Commander or Assistant Chief he/she shall be paid at the rank of
Commander or Assistant Chief. In addition he/she shall retain all benefits, to
include eligibility for overtime, as are provided for in the Police Officer and
Sergeant collective bargaining agreement.
Section 17.5. Longevity and Education Incentive Pav
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 17.5.1 Longevity Pay
Employees who have completed the following years of continuous service as a
regular City employee shall be paid longevity pay in accordance with the schedule
below.
Completion of Pay
5 years Two percent (2%)
10 years Three percent (3%)
15 years Four percent (4%)
20 years Six percent (6%)
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25 years Seven percent (7%)
30 years Eight percent (8%)
Employees shall receive longevity pay for the highest level of longevity with the
City. There shall be no pyramiding of longevity pay.
Subsection 17.5.2 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. It is the employee's responsibility to provide proof of
qualification.
Degree Pa
Associate (AA) One percent (1%)
Bachelor (BA or BS) Three percent (3%)
There shall be no pyramiding of educational incentive pay.
Section 17.6. 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 17.7. Clothing and Eauiument
i
A. The City shall furnish employees with clothing and equipment necessary to
enable them to perform their assigned duties. The parties have agreed to
offer Jumpsuits as a uniform option within ninety (90) days from the signing
of the collective bargaining agreement (CBA). The Jumpsuit shall be
equivalent to a mid-weight Blumenthal's Jumpsuit.
A labor-management committee, consisting of two representatives from both
labor and management, shall be formed upon signing of the CBA to provide
oversight and standards for uniform issuance.
The parties have agreed to phase in the jumpsuit option over the life of this
contract beginning with the Patrol officers that have not received the $150
reimbursement from the City. New officers may elect to purchase a jumpsult
upon hire and will be reimbursed upon successful completion of the FTO
program.
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The parties further agree that the phase in of jumpsuits shall be cost neutral
to the department's uniform budget.
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 the 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 damage to clothing or equipment which is 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. 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 may 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 (within $50) while on duty. If the officer chooses to
carry personal property that is worth more than $50.00, it is understood that
the employee may only be reimbursed for up to $50.00 of its value unless
reimbursement for the higher priced property is approved by Police
Administration.
F. Officers who are normally assigned to the Detectives, Pro-Act, Crime
Prevention, Training, or other assignments where civilian clothing is
appropriate will be allotted:
1. Six hundred dollars ($600) per year (through receipt and
reimbursement) 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; and
2. Be provided uniforms by the City as required.
Section 17.8. Compensation for Training
A. The employee agrees to waive any overtime compensation due him/her as a
result of attending the Washington State Basic Law Enforcement Academy,
unless otherwise provided for under F.L.S.A.
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B. While attending "basic academy," the employee shall be relieved of all police-
related duties, provided that if an employee is required by the City to
perform police duties in addition to attending "basic academy," the employee
shall be compensated pursuant to Section 4.2.
C. The City agrees to compensate pursuant to Section 4.2 any employee for
training time which is a result of an employee's required attendance at any
symposium, seminar, or training school.
Section 17.9. Timely Compensation
Subsection 17.9.1. Current Payroll
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.
Subsection 17.9.2 Potential Payroll Change
Both parties see the benefit of discussing changes to the current payroll processing
dates/procedures to provide more timely and accurate pay checks.
Once the City has consensus from all bargaining units within the City to participate,
a committee may be formed to meet and discuss ways to enhance the payroll
process. The city wide committee shall be comprised of two representatives from
each of the bargaining units and the non-represented employees. Final
recommendation(s) of this committee regarding payroll process changes will then
be taken back to the Union membership for ratification.
Section 17.10. Deferred Compensation
A. The City will contribute three percent (3%) of a top step Police Officer's
annual base pay to each bargaining unit member's 457 deferred
compensation program.
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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 will be eligible to commence participation in the deferred
compensation program based on their date of hire. If an employee is hired
between the Vt and 7th or the 161h and 22nd of the month, the employee will
be eligible for the full amount for that pay period if he or she meets the
criteria as stated in B above. If an employee is hired between the 8th and
15th or the 23 d and the end of the month, the employee will not be eligible to
participate in the program until the following pay cycle.
The designated open enrollment period for a new hire for the initial
employment year shall be the employee's first two weeks of employment
with the Kent Police Department.
Section 17.11. Accreditation Pav
The salary levels provided herein shall be increased by one percent (1%) in
recognition of the Kent Police Department's accreditation status. The additional
salary shall remain in effect during the period of this Agreement for as long as the
Department retains its accreditation.
Section 17.12. Bilingual Pav
The City recognizes the benefits of bilingual skills. The Police Chief shall determine:
1. The language(s) and level of language proficiency to be eligible for bilingual
pay;
2. The testing or methodology used to determine proficiency; and
3. The number of bilingual officers (in each qualifying language) needed by the
department.
Employees eligible for bilingual pay, as approved by the Police Chief, shall receive
one hundred dollars ($100.00) per month in recognition of their language skills.
Section 17.13. Physical Fitness
To encourage employees to maintain a healthy lifestyle and physical fitness, the
City will continue the previously implemented physical fitness incentive program as
follows:
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1. Employees will be eligible to take the physical fitness examination once
a year;
2. Employees who pass the examination the first year will be eligible for a
one (1) time Incentive payment of $200.00;
3. Employees who pass the examination the second consecutive year will
be eligible for a one (1) time incentive payment of $400.00;
4. Employees who pass the examination the third consecutive year will be
eligible for a one (1) time incentive payment of $600.00;
5. Employees who passed the examination the fourth and fifth year will be
eligible for a one (1) time Incentive payment of $600.00;
6. Employees will only be eligible to move to the next Incremental step of
the incentive payment for passing of the physical fitness examination in
consecutive years. Those who pass the first year, do not pass the
second year, and pass the third year will receive $200.00 the first year,
no payment the second year and $200.00 the third year;
7. Payment of the Incentive, for employees who passed the examination
during the year, will be made once a year on the December 20" pay
check; and
8. Employees who pass the physical fitness examination but will have not
passed their new hire probationary period by December 315Y of that year
will not be eligible for the incentive payment.
At the expiration of the contract, the Citywill evaluate the ro ram s effectiveness
P 9
and may modify the testing standard or discontinue the program at its discretion.
ARTICLE 18 - INSURANCE COVERAGE
Section 18.1. Health Care Insurance
Subsection 18.1.1. Plans Offered
For the term of the contract, the following health care plans will be offered to
bargaining unit members, effective the first of the month following date of signing:
A. Premera Blue Cross, Enhanced Prudent Buyer (PPO) Plan;
B. Group Health Cooperative (HMO), with $10.00 copays for office visits
and prescription drugs; 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.
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Subsection 18.1.2. Employee Coverage
Employees in the bargaining unit shall receive a fully paid health care plan as noted
in subsection 18.1.1 above underwritten by a company who provides such
Insurance nationwide. The monthly premium cost shall be paid by the City.
Subsection,18.1.3. Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the
plans offered by the City.
A. For employees who select the Enhanced Prudent Buyer (PPO) plan or the
Group Health Plan, effective January 1, 2012, 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 (359%) of
the employee's deductible into the employee's HSA account for the first year
in the plan.
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.
If in the future, the Association can prove, through court documents, that the City's
practice of charging a higher employee dependent premium for one plan over the
other to be illegal, both parties agree to reopen this Health Insurance Section of the
contract with the intent of negotiating terms to comply with court requirements.
Subsection 18.1.4. LEOFF I Health Coverage Requirement
The City shall provide medical coverage of LEOFF I employees as required by law.
Section 18.2. 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 18.3. 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
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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 18.4. 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 18.5. Hepatitis B Vaccination Program
The City will provide employees with the opportunity to receive vaccinations and
the follow up tests to help prevent contraction of the Hepatitis B virus. The
program will be voluntary in nature and in accordance with applicable Washington
State Law, WISHA directives, and Labor & 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 18.6. Long Term Disability Insurance
The Kent Police Officers Association will administer its own Long Term Disability
Insurance program.
ARTICLE 19 - MILITARY LEAVE
Employees of the bargaining unit shall be granted days off for paid military leave in
accordance with City Policy 3.6- Military Leave or as required by state and/or
federal law.
ARTICLE 20 - 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's policy concerning the use of
tobacco.
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ARTICLE 21 - 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 21.1. Policy
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 drugs.
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 21.5 and 21.6 of this article. Employees
participating in treatment programs are expected to observe all job performance
standards and work rules.
Section 21.2. 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
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a
t
for promotional opportunities. Information regarding an employee's participation in
the Employee Assistance Program will be maintained in confidence.
Section 21.3. Emalovee 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 21.4. 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 as
defined in Section 21.7.
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 set forth in Section 21.14 below.
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
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and specimen shall be destroyed. Tests shall be conducted in a manner to ensure
that an employee's legal drug use and diet does not affect the test result.
Section 21.5. 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 metabolites2.......................................... 150 ng/ml
Opiate metabolites
Morphine ..................................................... 300 ng/ml
Codeine ..................................................... 300 ng/ml
Phencyclidine .................................................... 25 ng/ml
Amphetamines
Amphetamine ............................................... 500 ng/ml
Methamphetamine......................................... 500 ng/ml
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
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 21.6. 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 21.4, 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 21.7. 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 J
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 21.8. 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 21.9. Testing Program Costs
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The City shall pay for all costs involving drug and alcohol testing as well as the
expenses associated with the Medical Review Physician. The City shall also
reimburse each employee for their time and expenses including travel incurred
involving the testing procedure only.
Section 21.10. Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 21.5 and 21.6 of
this article as determined by the Medical Review Physician in Section 21.7 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 21.11. 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 21.12. Right of Appeal
The employee has the right to challenge the result of the drug or alcohol test and
any discipline imposed in the same manner that he/she may grieve any other City
action.
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Section 21.13. Association Held Harmless
This drug and alcohol testing program was Initiated at the request of the City. The
City assumes the sole responsibility for the administration of this Article and shall
be solely liable for any legal obligations and costs arising out of the provisions
and/or application of this collective bargaining agreement relating to drug and
alcohol testing. The Association shall be held harmless for the violation of any
worker rights arising from the administration of the drug and alcohol testing
program.
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Section 21.14. Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 21 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 Physician. 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 22 - 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 23 - 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 24 - TERM OF AGREEMENT
This Agreement shall become effective January 1, 2012, and shall remain in force
until December 31, 2012.
Signed this 27T,4 day of TAtiaAt-Y , 2012, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICERS
ASSOCIATION
By G'�i� By Z ` o* t
u tt ooke, Mayor Robert Hollis, Association President
By & 4 By�f"1��,�
Sue Viseth Michael Schanbacher
Employee Services Director Negotiations Team Member
By � By
Teri Smith Rob Scholl
Labor Relations Manager Negotiations Team Member
BYA®04
Jo Straus, Assistant Chief
gotiatlons Team Member
)kv C 9�_
By
Patrice Gillum
Negotiations Team Member
Approved as to form�It,^,
City ttorney Attest:
City Clerk
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APPENDIX "A" - OFF-DUTY SUPPLEMENTAL OVERTIME PAY
Section 1. Purpose
This Appendix 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. The City will document, process and
record all such supplemental overtime. The City agrees to perform the scheduling,
bookkeeping and reporting functions 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.
Section 2. Definition
A. City overtime is defined as additional hours of 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, or 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
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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.
Section S. Reauired 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 an Assistant Chief or a Commander, 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
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overtime and may not discipline an officer for refusing to work 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 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. 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.
D. 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.
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.
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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).
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 Assistant Chiefs/Commanders 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 forty dollars
($40) per hour for all scheduled hours for which the officer signed
up. 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)
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A
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.
➢ 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 Assistant Chiefs/Commanders 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
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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
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.
P\LCC(Labor, Class&Comp)1LaborIUNION\POfficer\Contracts\2012 PD Contract-Final doc 65 of 70
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
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. Officers will record all supplemental overtime worked on the current pay
adjustment timesheet. 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
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first allow Kent commissioned officers an opportunity to voluntarily sign up
for the supplemental overtime. If the supplemental overtime remains
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 Appendix 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 Appendix 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 Appendix shall restrict non-KPOA members from
performing police work which is currently and have been traditionally
performed by those employees.
E. Nothing within this Appendix 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 Appendix shall be interpreted to allow the City to supplant
KPOA bargaining unit work or to displace KPOA bargaining unit employees.
P 1LCC(Labor,Class&Comp)\Labor\UNION\POfficer\Contracts\2012 PD Contract-Final doc 67 of 70
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APPENDIX "B" - POLICE SCIENCE INSTRUCTION
Section 1. Purpose
The purpose of this Appendix is to address supplemental overtime whereby the City
has agreed to make officers available to teach a police science class at Kent
Meridian High School.
Section 2. Eligibility
Commissioned officers shall be eligible to perform the supplemental overtime
required to perform the services called for in the Agreement Between the City of
Kent and the Kent School District for Police Science Instruction. Commissioned
officers assigned shall share these teaching responsibilities with Public Education
Specialists, who are not represented by the KPOA, in order to provide the services
called for in the Agreement Between the City of Kent and the Kent School District
for Police Science Instruction.
Section 3. Overtime Sign-up, Assignment and Mandating
In general, supplemental overtime work shall be performed on a voluntary basis.
However, the Chief shall have full authority to assign officers to perform
supplemental overtime in order to complete the work called for in the Agreement
Between the City of Kent and the Kent School District for Police Science Instruction,
and shall have authority to mandate such officers to perform the supplemental
overtime so long as such supplemental overtime is annexed to the employee's
regular or overtime shift. To the extent that Section 7(A) of Appendix "A" conflicts
with this Appendix "B", this Appendix "B" shall control. i
Section 7(B) of Appendix "A" shall not apply to supplemental overtime performed
pursuant to the Agreement Between the City of Kent and the Kent School District
for Police Science Instruction.
Section 4. Compensation
Section 8(B) of Appendix "A" shall not apply to work performed pursuant to the
Agreement Between the City of Kent and the Kent School District for Police Science
Instruction. Rather, the officers performing the supplemental overtime shall be
reimbursed only for the time actually worked, provided further that the total
amount of supplemental overtime hours the city will permit the officers to work
shall not exceed the hours contracted for in the Agreement Between the City of
Kent and the Kent School District for Police Science Instruction. It is contemplated
that, pursuant to the Agreement Between the City of Kent and the Kent School
P 1LCC(Labor,Class&Comp)1Labor%UNION1POFficer\Contracts12012 PD Contract-Final doc 68 of 70
District for Police Science Instruction, two officers and one non-commissioned Public
Education Specialist will provide the required services. Pursuant to the Agreement
Between the City of Kent and the Kent School District for Police Science Instruction,
the School District will reimburse the City for a total of no more than ten (10) hours
of work each week. Therefore, the officers assigned to perform the supplemental
overtime pursuant to the Agreement Between the City of Kent and the Kent School
District for Police Science Instruction shall coordinate with each other and with the
non-commissioned person such that they do not collectively perform more than ten
(10) hours of work. Any supplemental overtime performed in excess of the
collective ten (10) hours is specifically unauthorized.
Pursuant to Section 8(D) of Appendix "A" the work called for in the Agreement
Between the City of Kent and the Kent School District for Police Science Instruction
shall be deemed "standard work" and shall be paid in accordance with Section
8(D)(1)(a) of Appendix "A".
Sections 8(D)(1)(c), 8(D)(1)(d), and 8(D)(2) Appendix "A" shall not apply to
supplemental overtime performed pursuant to the Agreement Between the City of
Kent and the Kent School District for Police Science Instruction.
Section 5. Cancellation of Sunulemental Overtime
Section 9 of Appendix "A" shall not apply to supplemental overtime performed
pursuant to the Agreement Between the City of Kent and the Kent School District
for Police Science Instruction.
P\LCC(Labor,Class&Comp)\Labor\UNION\POfficerlContracts\2012 PD Contract-Final doc 69 of 70
APPENDIX "C" - COMMUTE TRIP REDUCTION
The City shall provide a Commute Trip Reduction Program (CTR) for the employees
In the bargaining unit. The CTR program may Include alternate work schedules, on-
site carpool and/or vanpool parking spaces and secure bicycle parking.
The City shall no longer provide Flex pass/Orca cards through the King County
Metro program effective as of 6/30/2012.
P 1LCC(Labor,Class&Comp)1LaborIUNION1POfficer\Contracts12012 PD Contract-Final doc 70 of 70
REQUEST FOR MAYOR'S SIGNATURE
KtNT Ple e Fill n All Applicable Boxes
H I w ,
Routing Information (ALL REQUESTS MUST IR BE ROUTED THROUGH THE LAW DEPARTMENT)
On inator: Ten Smith hone (Originator): 5298
i Date Sent. 1/26/12 Nte Required: 1/26/12
Return Signed Document to: NTRACT TERMINATION DATE: 12/31/2013
VENDOR NAME: KPOA Officers & DATE OF COUNCIL APPROVAL: 1/17/12
Sergeants
Brief Explanation of Document•
KPOA Officers & Sergeants Labor Contract for 2012
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
a
Received:
Approval of Law Dept.:
Law Dept. Comments: JAN 2 6 M2
L
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
L1
Recommendations and Comments: �} FG 2012
i
Disposition:
W
Leurned.