HomeMy WebLinkAboutHR13-180 - Original - Kent Police Officers Association (KPOA) - 2013-2015 Labor Agreement - 01/01/2013 \"47405.0"N. Records Management)
KENT Document
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S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
CITY OF KENT
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KENT POLICE OFFICERS ASSOCIATION
POLICE ASSISTANT CHIEFS AND COMMANDERS
LABOR AGREEMENT
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JANUARY 1, 2013 through DECEMBER 31, 2015
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TABLE OF CONTENTS
TABLEOF CONTENTS................................................................................... I
PREAMBLE...................................................................................................1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT...................................1
SECTION 1.1. RECOGNITION OF THE ASSOCIATION....................................................................I
SECTION 1.2. DEPUTY CHIEF ASSIGNMENT..............................................................................I
SECTION 1.3. REPRESENTATION DURING NEGOTIATIONS ............................................................1
SECTION 1.4. BULLETIN BOARD SPACE...................................................................................I
SECTION 1.5. ASSOCIATION OFFICIALS'RELEASE TIME...............................................................2
SECTION 1.6. PROBATIONERS ..............................................................................................3
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION ..............3
SECTION 2.1. ELIGIBILITY...................................................................................................3
SECTION 2.2. ASSOCIATION MEMBERSHIP...............................................................................3
SECTION 2.3. DUES DEDUCTION...........................................................................................3
ARTICLE 3 - EMPLOYMENT PRACTICES........................................................5
SECTION 3.1. SENIORITY DEFINITION ....................................................................................5
SECTION 3.2. PERSONNEL REDUCTION ...................................................................................5
SECTION 3.3. SEVERANCE PAY/NOTICE ..................................................................................6
SECTION 3.4. ESTABLISHMENT OF REINSTATEMENT REGISTERS ....................................................6
SECTION 3.5. EMPLOYEE STATUS WHEN REINSTATED ................................................................6
SECTION 3.6. EEO/NONDISCRIMINATION ...............................................................................7
SECTION 3.7. PERSONNEL FILES ...........................................................................................7
ARTICLE4 - HOURS OF WORK.....................................................................8
SECTION 4.1. WORK DAY AND WORK WEEK ............................................................................8
SECTION 4.2. EXECUTIVE LEAVE...........................................................................................8
SECTION 4.3. CALL OUT DUTY.............................................................................................9
SECTION 4.4. MODIFIED WORK SCHEDULE............................................................................10
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES......... 10
SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES............................................................10
ARTICLE6 - SICK LEAVE ...........................................................................10
SECTION 6.1. SICK LEAVE ACCRUAL.....................................................................................10
SECTION 6.2. SICK LEAVE USAGE.........................................................................................10
SECTION 6.3. LEOFF II EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION....................................11
SECTION 6.4. SICK LEAVE INCENTIVE/BUY-OUT PROGRAM ......................................I.................12
SECTION6.5. LIGHT DUTY................................................................................................12
ARTICLE7 - HOLIDAYS.............................................................................13
SECTION 7.1-CITY HOLIDAYS ........................................................................................... 13
SECTION 7.2- HOLIDAY LEAVE BANK...................................................................................14
SECTION 7.3- HOLIDAYS FOR NEWLY PROMOTED COMMANDERS.................................................14
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ARTICLE 8 - EDUCATION ALLOWANCE ......................................................14
SECTION 8.1. TRAINING AND EDUCATION REIMBURSEMENT POLICY.............................................14
SECTION 8.2. TRAINING AND EDUCATION APPROVAL PROCESS ...................................................15
SECTION 8.3. CLASS ATTENDANCE ......................................................................................15
SECTION 8.4. REIMBURSEMENT PROCEDURES.........................................................................16
SECTION 8.5. TRAINING ALLOWANCE................................................................................... 16
ARTICLE 9 - ANNUAL LEAVE......................................................................16
SECTION9.1. ANNUAL LEAVE.............................................................................................16
SECTION 9.2. SCHEDULING ANNUAL LEAVE............................................................................17
SECTION9.3. MAXIMUM ACCRUAL.......................................................................................17
ARTICLE10 - PENSIONS ...........................................................................17
ARTICLE 11 - BEREAVEMENT.....................................................................17
ARTICLE 12 - MANAGEMENT RIGHTS.........................................................18
SECTION 12.1. GENERAL MANAGEMENT RIGHTS ..................................................................... 18
SECTION 12.2. VOLUNTEERS AND TEMPORARY EMPLOYEES........................................................18
ARTICLE 13 - PERFORMANCE OF DUTY......................................................19
SECTION 13.1. NON-STRIKE PROVISIONS 19
SECTION 13.2. PERFORMANCE OF DUTY ............................................................................... 19
ARTICLE 14 - GRIEVANCE PROCEDURE .....................................................20
SECTION 14.1. GRIEVANCE DEFINITION................................................................................20
SECTION 14.2. REPRESENTATION DURING GRIEVANCES............................................................20
SECTION 14.3. EXCEPTIONS TO TIME LIMITS.........................................................................20
SECTION 14.4. CLASS ACTION............................................................................................20
SECTION 14.5. STEPS AND TIME LIMITS ...............................................................................20
SECTION 14.6. ARBITRATOR'S AUTHORITY............................................................................22
SECTION 14.7. ELECTION OF REMEDIES................................................................................22
SECTION 14.8. RETROACTIVITY..........................................................................................23
ARTICLE 15 - POLICE OFFICERS' BILL OF RIGHTS ....................................23
SECTION 15.1. BILL OF RIGHTS..........................................................................................23 a
SECTION 15.2. PSYCHOLOGICAL EVALUATIONS.......................................................................25
ARTICLE 16 - COMPENSATION ..................................................................26
SECTION16.1. SALARIES..................................................................................................26
SECTION 16.2. COMMUNITY SERVICE DUTIES ........................................................................27
SECTION 16.3. WORKING OUT OF CLASSIFICATION 27
SECTION 16.4. LONGEVITY AND EDUCATION INCENTIVE PAY......................................................28
Subsection 16.4.1. Longevity Pa .......................................................28 3
Subsection 16.4.2. Educational Incentive....................................................................28
SECTION 16.5. EFFECTIVE DATE OF COMPENSATION INCREASES 29
.................................................
SECTION 16.6. CLOTHING AND EQUIPMENT...........................................................................29
SECTION 16.7. COMPENSATION FOR TRAINING.......................................................................30
SECTION 16.8. TIMELY COMPENSATION................................................................................30
SECTION 16.9. DEFERRED COMPENSATION............................................................................30
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SECTION 16.10. ACCREDITATION PAY..................................................................................31
SECTION 16.11. VSWAT CALL OUT SPECIALTY PAY................................................................31
SECTION 16.12 FITNESS INCENTIVE.....................................................................................31
SECTION 16.13. COMPARABLE JURISDICTIONS .......................................................................31
ARTICLE 17 — FUTURE CHANGES...............................................................32
ARTICLE 18 - INSURANCE COVERAGE .......................................................33
SECTION 18.1. HEALTH CARE INSURANCE.............................................................................33
Subsection 18.1.1. Plans Offered...............................................................................33
Subsection 18.1.2. Employee Coverage......................................................................33
Subsection 18.1.3. Dependent Coverage ....................................................................33
SECTION 18.2. LIFE INSURANCE .........................................................................................34
SECTION 18.3. LONG TERM DISABILITY INSURANCE.................................................................34
SECTION 18.4. FORMS HANDLING.......................................................................................34
SECTION 18.5. HEALTH CARE COMMITTEE ............................................................................35
SECTION 18.6. HEPATITIS B VACCINATION PROGRAM ..............................................................35
SECTION 18.7. RETIREMENT HEALTH SAVINGS ACCOUNT(RHS).................................................35
ARTICLE 19 - MILITARY LEAVE .................................................................35
ARTICLE 20 - TOBACCO FREE WORK PLACE...............................................35
ARTICLE 21 - SUBSTANCE ABUSE TESTING ...............................................35
SECTION 21.1. SUBSTANCE ABUSE POLICY ............................................................................35
SECTION 21.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING ...............................36
SECTION 21.3. EMPLOYEE TESTING.....................................................................................36
SECTION 21.4. SAMPLE COLLECTION....................................................................................37
SECTION 21.5. DRUG TESTING...........................................................................................37
SECTION 21.6. ALCOHOL TESTING ......................................................................................39
SECTION 21.7. MEDICAL REVIEW PHYSICIAN .........................................................................39
SECTION 21.8. LABORATORY RESULTS .................................................................................39
SECTION 21.9. TESTING PROGRAM COSTS ............................................................................39
SECTION 21.10. REHABILITATION PROGRAM..........................................................................40
SECTION21.11. DUTY ASSIGNMENT AFTER TREATMENT...........................................................40
SECTION 21.12. RIGHT OF APPEAL......................................................................................40
SECTION 21.13. ASSOCIATION HELD HARMLESS.....................................................................40
SECTION 21.14. CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM............................41
ARTICLE 22 - SAVINGS CLAUSE ................................................................42
ARTICLE 23 - ENTIRE AGREEMENT............................................................42
ARTICLE 24 — TERM OF AGREEMENT .........................................................43
APPENDIX A - OFF-DUTY SUPPLEMENTAL HOURS PAY.............................44
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PREAMBLE
This agreement herein contains the entire agreement between the Kent Police
Officers Association (hereinafter known as the "Association") and the City of Kent,
Washington (hereinafter known as the "City"). The purpose of the City and
Association in entering into this agreement is to set forth their complete agreement
with regard to wages, hours and working conditions for the employees in the
bargaining unit so as to promote the efficiency of law enforcement; public safety;
the morale and security of employees covered by this agreement; and harmonious
relations in which the City's Values are encouraged and practiced, giving
recognition to the rights and responsibilities of the City, the Association and the
employees.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1. Recognition of the Association
The City recognizes the Association as the exclusive bargaining representative for
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all Assistant Chiefs and Commanders in the Kent Police Department. i
Section 1.2. Deputy Chief Assignment
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Assignment to Deputy Chief will be made at the sole discretion of the Police Chief.
While assigned as Deputy Chief, the employee will not be a part of the bargaining
unit. In the event that the employee reverts back to their previous Civil Service
rank held prior to the assignment, the employee will return to the bargaining unit. i
Time served in the Deputy Chief assignment will count towards seniority within the
bargaining unit for all associated benefits.
Section 1.3. Representation During Negotiations
For the purpose of negotiations between the parties, there shall be no more than
two (2) official representatives, plus one (1) alternate, from the Association. The
City may utilize no more than four (4) representatives, plus one (1) alternate,
during this process.
Both the Association and the City agree to provide to the other party written notice
of the representatives ten (10) days prior to the commencement of the
negotiations. Changes of representatives by either party during negotiations shall
also be made through written notice at the earliest opportunity.
Section 1.4. Bulletin Board Space
The City shall provide bulletin board space for Association use in a mutually agreed-
upon location. Material posted thereon shall be the responsibility of the
Association. It shall only be used for official Association business.
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Section 1.5. Association Officials' Release Time
A. Time off with pay shall be limited to regular negotiations sessions between
the City and the Association negotiating team members during their
scheduled duty hours. This section shall apply only to members of the
Association's negotiating team and members who may be required to
participate.
B. Association employee representatives shall be allowed a reasonable amount
of on-duty time to administer the terms of this agreement. This clause
implements the current practice of the parties, and is not intended to expand
the use of on-duty time by Association representatives.
C. Time off required by Association members to prepare for or attend
compulsory arbitration meetings or hearings shall be considered leave
without pay, unless substitute coverage is provided for by Association
members at no additional cost to the City to replace those designated
employees who are required to be absent from their shifts. It shall be the
Chief's responsibility to determine staffing levels required on all shifts. It
shall be the Chief's decision as to whether substitute coverage is necessary
to attend compulsory arbitration proceedings.
D. Union officials may be allowed time off to attend training related to the
administration of this Agreement when the parties mutually agree that such
training is beneficial to both the City and the Union. Such time off shall not
result in any additional costs to the City. Such training must be pre-
approved by the KPOA Executive Board, signed by the Union President, and
submitted to and pre-approved by the Police Chief, or designee. The request
will include the purpose of the training, the date and time of such training,
and the proposed use of the employee's time (on/off duty or adjusted shift).
The Union shall continue to cover the registration, travel and accommodation
costs of such training for the union officials. The time off for such training
shall be shared by the Union, the employee and the City in the following
manner:
1. If the training occurs during the employee's normally scheduled day(s)
off, the employee will attend the training on their own time.
2. If the training occurs during the employee's normally scheduled work
day(s), the time will be covered by the City. The employee's shift may
be adjusted within the work day to accommodate the training. The
total sum of training time off shall not exceed 150 hours annually for
the entire KPOA. However, if an acting assignment is required to
replace that employee, the Union shall cover the monetary difference
between the acting employee's normal wage and the acting pay cost
through the use of a donated leave bank designated for this purpose.
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3. Employees covered by the CBA may only donate vacation leave one
time in a calendar year, in whole hour increments, up to five (5) hours
per employee. This donation may be done at any time during the
year. Once the donation is made, it will be converted and maintained
on a dollar basis. The cap of this leave bank shall be equivalent of 400
hours times the top Patrol Officer's base hourly pay as of January 1" of
each year.
Section 1.6. Probationers
A. The parties recognize the purpose of a probationary promotion period of
employment is to provide a trial period of employment during which the City
can observe the performance of the probationer before confirming the rights
of permanent status.
B. During the actual or extended promotional probationary period, the
probationer shall be entitled to the protection of the grievance procedure as
outlined in Article 14 - GRIEVANCE PROCEDURES; however, the
determination of the employee's success or failure of probation may not be
challenged under the grievance procedure. If the employee is unsuccessful
in their promotional probationary period, the employee has the right to
revert back to their immediately prior permanently held Civil Service rank per
Civil Service rules.
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION
Section 2.1. Eligibility
The City recognizes that employees within the bargaining unit may, at their
discretion, become members of the Association. Intent to join, in writing, must be
furnished to the City prior to formal membership for the purposes of uniform dues
deductions.
Section 2.2. Association Membership
The Association accepts its responsibility to fairly represent all employees in the
bargaining unit regardless of membership status.
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Neither party shall discriminate against any employee because of membership or
non-membership in the Association. However, this clause shall not restrict the
Association from providing internal, Association sponsored benefits to Association
members only.
Section 2.3. Dues Deduction
The following procedure shall be followed in the deduction of dues for members of j
the Association:
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A. The City agrees to the deduction of Association dues uniformly levied
by the Association for those employees who elect to become members
of the Association and who request in writing to have their regular
semi-monthly Association dues deduction checked off on the basis of
individually signed voluntary check-off authorization cards.
B. Each pay period, the City shall remit to the Association all dues
deducted together with a list of employees and the amount deducted
from each employee. The City agrees to notify the Association of new
employees within thirty (30) days of the date of hire or promotion.
C. All employees who elect not to become members of the Association
shall, in lieu of Association membership, pay to the Association a
regular monthly service fee equal to the Association dues schedule in
effect for that employee as a semi-monthly contribution towards the
administration of this agreement. Such fees shall not exceed the
maximum agency fee allowed by law. Employees failing to honor their
Association security obligations shall be discharged, after thirty (30)
days' written notice, at the request of the Association.
D. The Association agrees to Indemnify and hold the City harmless
against any and all claims, suits, orders and other judgments brought
or issued against the City by third parties as a result of any action
taken by the City under the provisions of this Section, unless caused
by the negligence of the City.
E. The Association and City agree that the City will not make any other
deductions on behalf of the Association, except those described above.
F. In accordance with state law, employees covered by this Agreement
who are forbidden from joining a labor organization based on bona fide
religious tenets or teachings of a church or religious body of which
such employee is a member shall pay an amount of money, equivalent
to regular Association dues and initiation fee, to a non-religious charity
or to another charitable organization mutually agreed upon by the
employee and the Association.
The employee shall furnish written proof that such payment has been
made. If the employee and the bargaining representative do not reach
agreement on such matter, the Public Employment Relations
Commission shall designate the charitable organization.
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ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1. Seniority Definition
A. Seniority, for the purpose of vacation bids, layoffs and reductions in rank
resulting from personnel reductions, shall be defined as the employee's
length of permanent service within their current rank or classification, less
any adjustments due to layoff, approved leaves of absence without pay
(unless otherwise agreed to by the City), periods of 24 months or less
between resignation and reinstatement according to Civil Service procedures,
or other breaks in service. In the case of an employee who has been
reduced in rank or classification, their seniority shall Include time spent in the
higher rank(s) or classification(s).
B. Seniority (unless otherwise defined elsewhere within this agreement), for all
other purposes, shall be defined as the employee's length of permanent
service with the City of Kent, less any adjustments due to layoff, approved
leaves of absence without pay (unless otherwise agreed to by the City),
periods of 24 months or less between resignation and reinstatement i
according to Civil Service procedures, or other breaks in service.
Section 3.2. Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause to reduce the number of employees In this unit, the following
basic provisions will apply:
1. It shall be the responsibility of the City to determine the job classification(s) -
in which reductions in rank 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.
2. Reductions in rank of employees shall be accomplished in accordance with v
seniority as defined in Section 3.1.A with the least senior employees being
reduced first.
a. Employees reduced in rank will be reduced to the next lower rank.
These employees shall have bumping rights over the employee in the
next lower rank with the least seniority and as defined in the Officers
and Sergeants Contract. (i.e. an AC would bump the least senior
Commander, a Commander would bump the least senior Sergeant and
a Sergeant would bump the least senior Officer.)
b. Seniority for employees who have been reduced in rank will be defined
as the previous time at the lower rank plus time at the higher rank.
c. Employees who have been reduced in rank due to reasons outlined in i
Section 3.2 above (non-disciplinary reason) will be reinstated in the
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same order that they were reduced and must be given the first right of
refusal of such reinstatement prior to any other employee being
promoted to that rank.
d. If an employee who has been reduced in rank in accordance with
Section 3.2 above elects not to be reinstated to their former rank, that
employee forfeits any future reinstatement rights.
3. If layoffs are to occur, they will occur with the least senior officer in the
department being terminated first.
Section 3.3. Severance Pay/Notice
All non-probationary employees shall, in the event of a reduction in force, be
entitled to two (2) weeks notice of such reduction and shall be paid at the time of
separation, a sum equal to two (2) weeks pay minus standard deductions at the
current rate of pay. Such severance pay shall be in addition to any and all monies
due the employee at the time of separation. However, this section shall only apply
to employees who are laid off by the City. Voluntary terminations and other
terminations not classified as layoff are excluded from the provisions of this section.
Section 3.4. Establishment of Reinstatement Registers
A. The names of employees who have been laid off or reduced in rank shall be
placed upon a reinstatement register for the same classification from which
laid off or reduced in rank. This reinstatement register shall be in effect for
two years from the date of layoff or reduction, and shall take priority over
other hiring or promotional lists.
B. Refusal to accept regular full-time work with the Kent Police Department
from a reinstatement register shall terminate all rights granted under this
rule, provided the work is in the same classification from which the employee
was laid off.
C. Order of Reinstatement - If a vacancy is to be filled from the reinstatement
register, recall shall be made on the basis of length of service within the
classification. The regular employee on such register who has the most
service credit shall be first reinstated except in the cases of reduction in rank
where reinstatement shall be made by time of service in that rank.
Section 3.5. Employee Status When Reinstated
In the event a non-probationary employee leaves the service of the City due to
reduction in force and within the next two years the City rehires said former
employee in the same classification to which assigned at the date of reduction, such
employee shall be placed at the step in the relative salary range which he/she
occupied at the time of the original reduction.
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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 Human Resources 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 Human Resources Department.
B. All Police personnel files must be kept, maintained and secured in the
confines of the Human Resources Department. The Human Resources
Director, or designee(s), shall be responsible for the privacy of such files. It
is understood that the Police Chief and Human Resources Director, or their
designee(s), 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 designated by a
the Police Chief and/or Human Resources Director 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 9
any court or administrative personnel tribunal or subject to disclosure as
required by state or federal law. Any time an employee's file is subject to
release, in whole or in part, to an outside party, the City will notify the
employee five (5) business days prior to such release. In the event the
employee or the Association notifies the City of its intent to obtain judicial
relief from the request within the initial five (5) business days, the employee ;
or Association shall be provided five (5) additional business days to obtain
judicial relief. In the event compliance with the notification requirements
would result in a violation of the rules of discovery, the requirements of a s
subpoena or Washington's Public Records Act, the City shall provide
reasonable notice under the circumstances. The notice of release shall
contain the following information: to whom the record was released and
under what authority (i.e. search warrant, court order, subpoenas, etc.).
D. Employees have the right to review their own entire personnel file.
Employees requesting to examine their own personnel file must have proper
identification, and may examine their file only in the presence of the Police
Chief, Human Resources Director, or their designee(s). Employees shall not
remove any material from their files, but may, upon their request, have a
copy of any material in their files without charge.
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E. The Association's attorney of record shall be given access to employees'
personnel files. Employees can also give permission for third parties to view
their file. The employee shall make a formal written request naming the
person authorized to view their record (i.e. a KPOA Executive Board member,
family member, etc.). The authorized person(s) shall present identification
to the Police Chief, Human Resources Director, or their designee(s),
responsible for monitoring the process. The City shall accommodate such
request at a time convenient for both parties.
F. Annual employee evaluations and records of disciplinary action resulting in
demotion or the loss of time or pay shall be retained permanently. All other
disciplinary records may be retained in accordance with WA State Retention
Schedule. However, these records will be purged after the State Retention
period has elapsed in 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.
ARTICLE 4 - HOURS OF WORK
Section 4.1. Work Day and Work Week
Recognizing that flexibility is required in the scheduling of assignments for
command personnel, the normal work week shall be the equivalent of forty (40)
hours per week on an annualized basis. The normal work schedule shall either be
five eight-hour days (5/8s), four ten-hour days (4/10s), or the nine-eighty (9-80)
schedule. For the purpose of this agreement, the schedule shall be defined as
above. The determination of which schedule an employee will work shall be made
by the employee; provided that Patrol Commanders shall work the four-ten (4/10)
schedule; and provided further, that the four-ten (4/10) schedule shall not be
available to Assistant Chiefs (or acting Assistant Chiefs).
A temporary adjustment to an employee's regular schedule may be made by the
Chief of Police for a special or significant event or operation in the city.
Command personnel will align their workdays with the majority of their personnel.
Section 4.2. Executive Leave
It is recognized that employees will be required to spend additional time over and
above their regular work week engaged in activities for the City. Since the
employees are exempt from FLSA overtime, the parties agree that each member of
the bargaining unit shall receive executive leave time each year in lieu of
overtime/standby pay.
Effective January 1, 2013, employees of the bargaining unit shall accrue the
equivalent of twenty (20) hours of executive leave per year, prorated for new and
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separated employees (e.g. 0.83333 per pay period), to carry over year to year for a
maximum of 40 hours; the leave time Is able to be cashed out.
When an employee puts in substantial additional hours, the parties shall continue
the current practice concerning flex-time off.
It is understood that this Agreement shall be interpreted and applied in a manner,
which will ensure, to the fullest extent possible, the continued exempt status of
Assistant Chiefs and Commanders.
Section 4.3. Call Out Duty
The parties recognize the benefits of a call-out duty program, which would provide:
1. A systematic avenue for the department to maintain communications
with the command staff during off-duty hours;
2. Cross-training of all employees assigned to call-out rotation; and
3. Flexibility to employees during off duty hours for uninterrupted ;
personal activities.
To this end, the parties agree to establish a call-out duty program as follows:
1. Each member of the bargaining unit (all Assistant Chiefs and
Commanders) will be placed on standby for a one-week rotation basis;
2. When on standby, the employee Is responsible to remain fit for duty
and be located within a reasonable distance from Kent Police
headquarters in order to respond within an hour to emergency calls;
3. Although only the employee on standby is required to report to the
scene, this does not prohibit the commander of the unit in which the
emergency occurs from reporting to the scene on a voluntary basis;
4. The department will strongly encourage continued training and
education to cross-train and enhance the technical skills of the
command staff;
5. During the assigned standby week, the employee's use of assigned
City vehicle may be more flexible as approved by the employee's
immediate supervisor to allow the employee to respond to calls more
readily.
6. Once a call-out duty schedule has been established, it is the
employee's responsibility to arrange for coverage if he/she is not
available for call-out duty. If the employee cannot cover the duty due
to long-term illness, injury, assignment or leave of absence, the Chief
of Police/designee will make a reassignment of the call-out duty as
equitably as possible (but cannot guarantee equal time assignment).
7. To compensate Commanders and/or Assistant Chiefs for the Call Out
requirement listed above, the Commander and/or Assistant Chief shall
receive eight (8) standby hours off for each completed week of Call
Out Duty. This additional leave shall be banked for future use and will
have no cash value. The maximum number of standby hours banked
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shall not exceed forty (40) hours at any time and may be carried from
year to year. The use of banked standby hours shall be requested in
the same manner as annual leave in accordance with Section 9.2.
Section 4.4. Modified Work Schedule
The parties agree to consider modifications to the normal work schedule and
rotation cycle for employees, for a specified period, as agreed to between the Chief,
or designee, and the employee. Such changes shall not be precedent setting. If
such modified work schedules are approved by the Police Chief, or designee, the
employee, and the Association, the parties agree to allow members of the
bargaining unit to work such mutually agreed schedules.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1. Notification of Work Rule Changes
The City agrees to notify the Association in advance of changes in departmental
operating procedures or working conditions which would affect employees in the
bargaining unit. Conferences to discuss such changes may be arranged prior to the
time such changes would become effective. However, nothing in this section shall
be construed to limit the City from exercising its management responsibilities,
provided, however, that when changes in procedure or department operations
would cause a reduction in force or layoff of any employee, such proposed change,
including the effective date shall be provided in writing to the Association in
advance of making the proposed change.
ARTICLE 6 - SICK LEAVE
Section 6.1. Sick Leave Accrual
Officers hired by the City on or after 10/01/77 shall accrue sick leave at the rate of
ten (10) hours per month. In addition, their sick leave account shall be credited
with 30 additional hours on January 1 of each year. Employees hired after January
1 of any calendar year shall receive the additional hours on a prorated basis.
However, under no condition will an employee's accrual exceed 1,190 hours. (See
Section 6.4)
Section 6.2. Sick Leave Usage
A. All employees shall be entitled to use sick leave for personal illness in
accordance with current City Policy.
B. All employees shall be entitled to use accrued sick leave to care for a child of
the employee under the age of eighteen (18) with a health condition that
requires treatment or supervision as provided for under RCW 49.12.270.
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Section 6.3. LEOFF II Employees--On-Duty Injury Leave Provision
Employees injured while on-duty are covered under the City's self-insured workers'
compensation program as required by the Revised Code of Washington (RCW) 51.
Injured employees must apply for disability benefits as described in RCW 51 and
City Policy 6.2 On the Job Injuries and Illnesses. Questions regarding policy
clarification or interpretation shall be referred to the Human Resources 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 "Workers' Compensation" time loss
shall have their salary at the time of injury maintained for a period not to exceed
six (6) months. This shall be accomplished through a combination of "Workers'
Compensation" time loss payments and the balance supplemented by the City.
During this six-month workers compensation supplemental pay period, the
employee shall continue to accrue annual leave and sick leave benefits. The six (6)
months worker's compensation supplemental pay by the City shall be interpreted as
six (6) months per consecutive time loss period (unless an exception is granted by
the Human Resources 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 Human Resources 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 1
approved time loss, the employee may be granted time loss supplemental pay
beyond the six (6) months per consecutive time loss period to six (6) months per
injury. Such may be granted only if the employee has:
1. Identified all workplace injuries/illnesses, that the employee is aware
of, with a qualified health care provider within fourteen (14) days from
the date of the workplace injury which required the initial time loss.
This fourteen (14) day period may be extended by a reasonable time
frame if the extension is required due to reasons beyond the
employee's control and if such is approved by the City's Risk
Management staff.
2. The employee has kept in regular contact with the City's Risk
Management staff to actively take care of all injuries and/or illnesses
in the shortest timeline possible.
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At no time will the employee be provided more than one (1) six (6) month period of
worker's compensation supplemental pay per injury/Illness (per worker's
compensation claim).
If the employee is unable to return to duty at the end of the six-month
supplemental pay period, the provisions of RCW 51 and City Policy 6.2 (or any
revisions thereof) shall apply.
During the employee's entire workers' compensation disability period, the City shall
continue to provide insurance benefits as outlined in Article 18 - Insurance
Coverage. The employee shall be responsible for their portion(s) of these benefit
premiums.
Section 6.4. Sick Leave Incentive/Buy-Out Program
A. Employees hired prior to January 1, 2008, whose sick leave accrual exceeds
1,040 hours on December 31 of each year, shall be compensated for all
hours in excess of 1,040 hours. Compensation shall be made no later than
January 20 of the following year and shall be at the employee's hourly rate in
effect at the time the compensation is made.
B. Employees hired prior to January 1, 2008, who retire or separate in good
standing from the City, will be compensated for the hours, up to 1,040 hours,
remaining in their sick leave bank based upon their tenure as commissioned
officers with the Kent Police Department. Compensation shall be made at the
following percentage of the employee's hourly rate in effect at the time of
retirement:
Completion of fifteen (15) years - twenty percent (20%)
Completion of twenty (20) years - forty percent (40%)
Completion of twenty-five (25) years - sixty percent (60%)
Completion of thirty (30) years - eighty percent (80%)
C. Employees hired on/after January 1, 2008 shall be eligible for the sick leave
incentive program per City Policy, as now or hereafter amended.
Section 6.5. 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.
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2. Such assignment is contingent upon the medical prognosis of full physical
recovery from the employee's disability within a reasonable period of time.
3. The amount of time that will be allowed for assignment to light-duty status is
up to sixty (60) days; provided that the sixty (60) day period may be
extended to but, in no case exceed, a total period of six (6) months.
Consideration of the extension shall be based upon the medical prognosis of
the employee being able to return to full employment in a reasonable period
of time thereafter in accordance with the advice of a physician retained by
the employer.
4. A request for light duty status will be submitted in writing by the employee to
the employer or from the employer to the employee.
5. The City reserves the right to have a City appointed physician determine the
extent of an employee's disability, ability to perform light duty and/or ability
to return to full duty.
6. The City also reserves the right to impose additional restrictions on the
employee's light duty assignments based on the employee's physical ability
during the Injury recovery period.
ARTICLE 7 — HOLIDAYS
Section 7.1 — City Holidays
The following holidays shall be considered as holidays for full time employees.
1. New Year's Day
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas
11. Personal Holiday =
Those employees whose job classification requires the traditional work schedule
Monday through Friday will observe the holiday the same as non-represented
employees of the City. Memorial Day shall be observed on the last Monday of May
for all employees of the bargaining unit. All other employees will observe the
remaining holidays on the actual day of the holiday.
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Section 7.2 - Holiday Leave Bank
If an employee is required to work on a holiday or if a holiday falls on an
employee's normal day off, the employee may take the day before or the day after
the holiday off with supervisor authorization. Holidays not taken in this manner will
be placed in a holiday leave bank and may carry over from year to year, not to
exceed 60 hours. There shall be no cash out of the holiday leave bank. Request
for use of the hours in the holiday leave bank shall be in compliance with Section
9.2 - Scheduling Annual Leave.
Section 7.3 - Holidays for Newly Promoted Commanders
If a Police Sergeant is promoted to Commander before July 1, the new Commander
shall be entitled to accrue and use the Personal Holiday. If a Police Sergeant is
promoted to Commander on or after July 1, the new Commander shall not be
entitled to accrue or use the Personal Holiday for that year.
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 pay for or reimburse personnel for costs incurred in
receiving required and/or approved Job related training upon satisfactory
completion of such training. Such training must be pre-approved by the
Chief, or designee. Costs eligible for City payment or reimbursement include
registration, books, and fees associated with such training. Employees must
submit for approval in accordance with Section 8.2 Training and Education
Approval Process and for reimbursement in accordance with Section 8.4
Reimbursement Procedures.
B. Education. Employees who wish to attend classes offered by schools,
colleges, or universities may receive reimbursements upon successful
completion ("C" grade or better) of such if the classes are pre-approved in
accordance with the following:
1. The employee must have successfully passed their initial probationary
period of employment;
2. The employee must not have received any discipline greater than a
written reprimand within the last twelve (12) months;
3. The class(es) must relate to the employee's current position or a
promotional position within the employee's career path;
4. Costs eligible for reimbursement include tuition, fees associated with
such class(es), and fifty percent (50%) of books;
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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 Human
Resources 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;
9. Employees must submit for approval in accordance with Section 8.2
Training and Education Approval Process and for reimbursement in
accordance with Section 8.4 Reimbursement Procedures; and
10. The City shall not provide education reimbursements for graduate
degree programs.
Section 8.2. Training and Education Approval Process
Employees shall submit their request for training and/or education reimbursement
by June 1 of each year for the next calendar year. Their request shall include:
A. Course list;
B. Approximate itemized cost;
C. Whether the course list is required and/or job-related training versus
education classes offered by schools, colleges, universities, or other
training organizations; and
D. Reason(s) for taking the course(s) including how the course(s) relate
to the employee's current position or a promotional position within the
employee's career path.
The Chief will then review the request for training and/or education and approve or
deny the request. Education reimbursement requests for BA degree programs will
also be submitted to the Human Resources Director and the Chief Administrative
Officer for approval. If approved, the total cost of approved training and/or
a
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
j
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Employees who wish to attend classes offered by schools, colleges, universities, or
other training organizations must do so during their off-hours. In special cases,
subject to departmental approval, an Irregular work schedule may be arranged in
order for an employee to attend courses that are not offered during off-hours.
Hours spent by an employee while attending class or studying for such class during
off-hours, will not be considered compensable hours.
Section 8.4. Reimbursement Procedures
A. If reimbursement is received through outside grant funds, or any other
potential source, Including G.I. benefits, then reimbursement shall be
primarily through that source. (Student loans shall not be considered outside
funds for purposes of this section.) City reimbursement shall be secondary
for the remaining unpaid balance of the approved education costs.
B. Upon completion of pre-approved training and/or education classes, the
employee must prepare a request for reimbursement itemizing actual
expenses incurred and including a copy of the training authorities' certificate
of completion or grade report.
C. Paid receipts for pre-approved training and/or education costs must
accompany the request for reimbursement. The City will reimburse the
employee for only those costs that have been pre-approved and for which
paid receipts are attached to the reimbursement request.
D. Employees requesting reimbursement must submit the request, with the
required documentation, within thirty (30) calendar days following successful
completion of the approved course(s). Requests not received within thirty
(30) days will not be considered for reimbursement, unless good cause is
shown.
Section 8.5. Training Allowance
The City will provide up to $1,000 per year, per bargaining unit member towards
career relevant training. Members understand that should they be scheduled for
training such as the FBI academy, Northwestern, or Southern Police Institute that
these funds would be expected to be applied towards that training.
ARTICLE 9 - ANNUAL LEAVE
Section 9.1. Annual Leave
Members of the bargaining unit shall receive annual leave benefits as follows:
Hours of Leave Accrued
Years of Employment Annually Monthly
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1st year 96 hours 8 hours
2nd through 4th year 104 hours 8.67 hours
5th year 120 hours 10 hours
6th through 7th year 128 hours 10.67 hours
8" through 91h year 136 hours 11.33 hours
10th 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
20th through 22nd year 184 hours 15.33 hours
23rd through 25th year 192 hours 16 hours
26th year and thereafter 198 hours 16.5 hours
Section 9.2. Scheduling Annual Leave
Annual leave shall be granted to the employee at the time of the employee's
choosing provided the departmental work schedule would not be adversely affected.
Section 9.3. Maximum Accrual
Employees can maintain two times their annual accrual rate of annual leave.
Annual leave will be audited on December 31 of each year. Employees may exceed
the maximum accrual limit on January 1 of the following calendar year, but it is the
employee's responsibility to ensure that accrued annual leave hours are at or below
the maximum accrual by December 31 each year. Executive Leave and Holiday
accumulation and use 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 Human Resources 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 11 - BEREAVEMENT
Employees shall be entitled to use bereavement leave in accordance with City
Policy.
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ARTICLE 12 - MANAGEMENT RIGHTS
Section 12.1. General Management Rights
The Association recognizes that areas of responsibilities must be reserved to
management if it is to function effectively. In recognition of this principle, it is
agreed that the following responsibilities are not subject to collective bargaining
and are management responsibilities of the City. Unless specifically modified by
sections in this Agreement, management retains the exclusive right to:
A. Determine the management organization, the selection, retention, and
promotion for occupations not within the scope of this Agreement.
B. Direct employees of the City in the performance of their official duties.
C. To hire, evaluate, promote, transfer, assign, and retain employees in
positions in the City, and to suspend, demote, discharge, or take other
disciplinary action against such employees for just cause.
D. To determine the use of technology, equipment, methods, means, and
personnel by which departmental operations are to be conducted.
E. To prescribe uniform dress to be worn by commissioned employees.
F. To take whatever actions may be necessary to carry out police
functions in emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations entrusted to
management.
I. To determine and administer policy.
The above listing of specific management rights is not intended nor shall be
considered restrictive of, or as a waiver of any rights of the City not listed herein.
Such inherent management responsibilities are not subject to arbitration and shall
remain exclusively with the City except as they may be shared with the Association
by specific provisions of the Agreement.
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 on the following:
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1. The City will have the discretion to hire back former members of this
bargaining unit as temporary part-time employees or contractors for
limited hours to allow for training and transition of organizational
knowledge, duties and responsibilities, to work on special projects, and
to perform other work as mutually agreed to between the City and the
Association. The hiring of former members shall be at the discretion of
the City. However, the special project(s) or other work to be
performed by the temporary employee or contractor shall be
negotiated and mutually agreed to between the City and the
Association.
2. The City will not hire any temporary part-time employees, other than
those referred to in paragraph A above, to work within the bargaining
unit without obtaining written agreement from the Association; and
3. The City may continue to use volunteers for records filing at the
training center, for pawn shop data entry and crime prevention.
In addition, the Association recognizes that the City may want to use other
volunteers, or temporary employees as the needs of the City change due to growth
in geographical size and population, etc. Whenever such changes would affect the
wages, hours and working conditions of the Association's membership, the City
must bargain with the Association before using volunteers or temporary employees
to do work currently done by Association members. While the Association agrees to
give such proposals careful consideration and bargain in good faith, the Association
is not required to enter into any such agreement. In the event the parties are
unable to reach agreement, either party may request expedited interest arbitration,
to be governed by the provisions of RCW 41.56.430.
ARTICLE 13 - PERFORMANCE OF DUTY
Section 13.1. Non-Strike Provisions
Nothing in this agreement shall be construed to give an employee the right to strike
and no employee shall strike or refuse to perform his assigned duties to the best of
his ability. The Association agrees that it will not condone or cause any strike,
slowdown, mass sick call, or any other form of work stoppage or interference to the
normal operation of the Kent Police Department.
Section 13.2. Performance of Duty
g
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.
s
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ARTICLE 14 - GRIEVANCE PROCEDURE
Section 14.1. 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 14.2. Representation During Grievances
Grievances processed through Step 4 under Section 14.5 below of the grievance
procedure shall be heard during normal City working hours unless stipulated
otherwise by the parties. Employee representatives involved in such grievance
meetings during their normal City working hours shall be allowed to do so without
suffering a loss in pay.
Section 14.3. 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 14.4. 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 14.5. 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)
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calendar days after being notified of the grievance.
Step 2 (if applicable)
If the grievance is not resolved as provided in Step 1, it shall be
forwarded to the Deputy Chief, if applicable, by the aggrieved
employee or Association representative within seven (7) calendar
days. The Deputy Chief shall answer the grievance within seven (7)
calendar days.
Step 3 If the grievance is not resolved as provided in Step 2 (or if it is
advanced from Step 1 because Step 2 is not applicable), it shall be
forwarded by the aggrieved employee or Association representative to
the Police Chief with a copy to the Human Resources Director within
fourteen (14) calendar days after the Step 2 answer (or Step 1 answer
if Step 2 is not applicable). The Police Chief shall convene a meeting
within fourteen (14) calendar days after receipt of the grievance
between the aggrieved employee and Association representative,
together with Department representatives as designated by the Chief.
The Human Resources Director or a designee may attend said
meeting. Within fourteen (14) calendar days after the meeting, the
Police Chief shall forward a reply to the Association.
Step 4 If the grievance is not resolved as provided in Step 3, or if the
grievance is initially submitted at Step 3 pursuant to Section 14.4
Class Action, the grievance shall be forwarded within fourteen (14)
calendar days after receipt of the Step 3 answer. Said grievance shall
be submitted by the Association to the Chief Administrative Officer
with a copy to the Police Chief. The Chief Administrative Officer or a
designee shall investigate the grievance and, if deemed appropriate,
shall convene a meeting between the appropriate parties within
fourteen (14) calendar days of the receipt of the grievance. The Chief
Administrative Officer shall thereafter forward a written reply within
fourteen (14) calendar days after receipt of the grievance or the
meeting between the parties, whichever occurs later.
Step 5 If the grievance is not settled in Step 4, either of the signatory parties
to this Agreement may refer the grievance to arbitration. Within thirty
(30) calendar days of the Step 4 response, the party seeking
arbitration shall submit a letter to the opposing party indicating their
intent to arbitrate and requesting the selection of an arbiter.
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
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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 14.6. Arbitrator's Authority
In connection with any arbitration proceeding held pursuant to this Agreement, it is
understood as follows:
1. The arbitrator shall have no power to render a decision that will add
to, subtract from, alter, change, or modify the terms of this
Agreement, and the power shall be limited to the interpretation or
application of the express terms of this Agreement, and all other
matters shall be excluded from arbitration.
2. The decision of the arbitrator shall be final, conclusive and binding
upon the City, the Association, and the employee(s) involved.
3. The cost of the arbitrator shall be borne equally by the City and the
Association, and each party shall bear the cost of presenting its own
case.
4. The arbitrator's decision shall be made in writing and shall be issued to
the parties within thirty (30) days after the case is submitted to the
arbitrator.
5. Any arbitrator selected under Section 14.5, Step 5 of this Article shall
function pursuant to the rules and regulations of the Federal Mediation
and Conciliation Services unless stipulated otherwise in writing by the
parties to this Agreement.
Section 14.7. Election of Remedies
Actions subject to this contract grievance procedure or pertinent Civil Service
appeal procedures must follow either the grievance procedure contained herein or
pertinent procedures regarding such appeals to the Civil Service Commission,
including applicable deadlines. Under no circumstances may an employee use both
the contract grievance procedure and Civil Service Commission procedures relative
to the same action. An election between those procedures shall be made within
thirty (30) calendar days of the filing of the grievance or the commencement of the
Civil Service hearing, whichever comes first. The Employer shall endeavor to
accommodate the work schedule of employees who are the subject of a Civil
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Service hearing or grievance arbitration, provided that the Employer is not required
to alter the schedule of any employee to make this accommodation. j
i
Section 14.8. Retroactivity
Arbitration awards or grievance settlements shall not be made retroactive beyond
the date of the occurrence or nonoccurrence upon which the grievance is based,
that date being fourteen (14) calendar days or less prior to the initial filing of the
grievance.
ARTICLE 15 - POLICE OFFICERS' BILL OF RIGHTS
The City retains the right to adopt rules for the operation of the Kent Police
Department and the conduct of its employees provided that such rules do not
conflict with City Ordinances, City and State Civil Service rules and regulations as
they exist, or any provision of this Agreement. It is agreed that the City has the
right to discipline, suspend, or discharge any employees for just cause.
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 15.1. Bill of Rights
In an effort to ensure that investigations made by an employee, as designated by
the Chief of Police of the Kent Police Department, are conducted in a manner which
is conducive to good order and discipline, the members of this bargaining unit shall
be entitled to the protection of what shall hereafter be termed as the "Police
Officers Bill of Rights" as follows:
A. At least twenty-four (24) hours before an interview commences, the subject
of an internal investigation shall be informed, in writing, of the following:
i
1. That the employee is considered a subject of the internal investigation;
2. The nature and a summary of the allegation(s), as well as the date
and location that the alleged misconduct occurred;
3. 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);
4. The name of the complainant or the victim; provided, that in the event
the employee is suspected of committing a criminal offense, disclosure d
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;
5. The employee's right to have a KPOA representative present during
the interview. In addition, the employee shall be afforded an
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opportunity and facilities to contact and consult with a KPOA
representative and its attorney prior to the Interview.
6. 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 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 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.
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
or her Gamty 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.
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1
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).
I 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 LoudermIll Hearing.
Section 15.2. Psychological Evaluations
The purpose of this Section is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for
duty and the interest of the employee in having those examinations being
conducted, in the least intrusive manner as possible, and in a manner as to protect
the employee's right to privacy.
A. Conditions Under Which Evaluations Will Take Place:
1. No evaluation will take place without there being a reasonable
suspicion to believe that an employee is psychologically unfit to
perform the job. If the employer has facts which provide reasonable
suspicion that an employee may be psychologically unfit for duty, the
employer will bring those facts to the attention of a doctor chosen by it
from a list of doctors previously agreed to by the Employer and the
Association. In the event the City and the Association do not reach
agreement on an appropriate list, the City may select a doctor of its
choosing. The employer may refer the employee to the selected
doctor for evaluation.
2. Any relevant medical history of the employee which the examining
doctor requests shall be released by the employee only to the
examining doctor.
3. Whenever an employee is directly involved in an incident which results
in a fatality, the employee will be required to have a psychological ,
assessment and counseling prior to returning to full duty. Employees
who are indirectly involved in such fatal incidents are encouraged to
seek psychological assessment and counseling. The City will continue
to pay for these visits.
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B. Results of the Evaluation:
The doctor will Issue a written report to the employer and the employee. The
only information which the doctor may disclose shall be whether the
employee is fit or unfit for duty or requires modified work conditions, and the
prognosis for recovery. Additionally, where the cause of the unfitness is duty-
related, the doctor shall disclose that cause. If the doctor believes the
employee is fit for duty but needs modified work conditions and/or continued
treatment, the doctor will Indicate what modifications and/or treatment are
necessary and the extent and projected duration of the modification and/or
treatment plan. The employee shall follow the prescribed treatment plan.
The doctor will keep all data that has been made available to him or her
confidential and not release it to any party except the employee. Modified
work conditions may include light duty assignments as provided in Section
6.5. Light Duty.
C. If the employee is referred back to work by the doctor, but the employer still
has reasonable suspicion that the employee remains psychologically unfit to
perform the job, employer may again refer the employee back to the original
evaluating doctor for psychological evaluation per Subsection A.I. of this
Section.
D. The employer has the right to send a pre-evaluation and/or post-evaluation
questionnaire to the doctor listing any expectations, responsibilities and/or
concerns the employer may have relating to the employee. The doctor will
determine if the employee is capable of fulfilling the expectations and
responsibilities outlined and clear up the concerns specified. The doctor shall
provide such written determination to the employer prior to the employee's
return to full duty.
E. As used in this section, "doctor" refers to a psychologist or psychiatrist.
F. This section shall not be interpreted to limit the City's or employee's rights,
obligations, or access to information under the rules and regulations
applicable pursuant to the Americans with Disabilities Act, Family Medical
Leave Act, or Worker's Compensation statutes.
ARTICLE 16_-_COMPENSATION
Section 16.1. Salaries
A. Pursuant to Section 17, the Assistant Chief and Commander rank shall
receive an increase (COLA) of two and seven-tenths of one percent (2.7%),
effective January 1, 2013. This results in a 2013 base wage rate of $119,256
per year for the Assistant Chief rank and a 2013 base wage rate of $108,240
per year for the Commander rank.
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B. Effective January 1, 2014, all members of the bargaining unit shall receive a
cost of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton
CPI-W, June, with a minimum of 1% and a maximum of 4%.
C. Effective January 1, 2015, all members of the bargaining unit shall receive a
cost of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton
CPI-W, June, with a minimum of 1% and a maximum of 4%.
Section 16.2. Community Service Duties
It is important to the effective operation of the Kent Police Department to have its
police management staff participate in community service activities and
organizations. The police management staff's involvement in the Kent community
serves as an extension of the department's community policing philosophy. It also
assists to establish the department's presence in the community and strengthens
our commitment of service to the Kent community.
To this end, the parties agree to the following:
1. Assistant Chiefs of the bargaining unit will participate in a community
service organization or program which serves the citizens of Kent or on
behalf of the Kent Police Department as approved by the Chief;
2. The City shall pay the annual membership fees and weekly meeting
meal cost (for lunch/dinner) associated with these organizations as
applicable by receipt and reimbursement; and
3. The City shall also compensate the Assistant Chiefs for such
participation in the amount equivalent to 1.5% of their base salary per
year, which is already reflected in their base salary as listed in Section
16.1. Salaries.
Although Commanders are not required to participate in community service
organizations, voluntary participation is encouraged by the City. Commanders who
voluntarily participate in a community service organization shall be reimbursed for
the annual membership fees and weekly meal cost (for breakfast/lunch/dinner)
associated with these organizations as applicable by receipt and reimbursement.
However, they will not receive any additional compensation for their community
service participation.
Section 16.3. Working Out of Classification
A. Any employee who is assigned to perform duties of a higher paying
classification for periods of one full week or more, shall be paid at the rate of
the higher classification. An employee acting as Police Chief or Deputy Police
Chief shall be paid at the Deputy Chief's base pay rate. If the Department
does not have a Deputy Chief assigned, the acting employee shall receive
acting pay of ten percent (10%), not to exceed the Police Chiefs actual base
pay.
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B. Police administration must make formal acting assignments before provisions
of this section apply, naming person placed in temporary classifications,
temporary rank, and length of time employee will be working out of his/her
regular classification.
C. The employee acting as Police Chief or Deputy Chief shall still maintain all of
the benefits afforded this Agreement for the duration of the acting
assignment, even though the above positions are non-represented positions.
Section 16.4. 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 16.4.1. 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 Ray
5 years Two percent (2%)
10 years Three percent (3%)
15 years Four percent (411/o)
20 years Six percent (6%)
25 years Seven percent (7%)
30 years Eight percent (8%)
The Longevity schedule may change in accordance with Article 17 Future Changes.
Employees shall receive longevity pay for the highest level of longevity with the
City. There shall be no pyramiding of longevity pay.
Subsection 16 4 2 Educational Incentive
Educational incentive pay shall be awarded to qualified employees who have
obtained an Associate (AA) or Bachelor's (BA) degree in accordance with the
schedule below. Employees who have attained a Master's (MA) or Doctorate (PhD)
degree shall be paid at the Bachelor's (BA) level. Those employees who have
attained a "Junior" status at an accredited university or college will receive the
same compensation as an employee with an AA degree. In order to qualify for the
compensation, all of the credits earned must be consolidated with one accredited
university or college.
Degree P�
Associate (AA) One percent (1%)
Bachelor (BA or BS) Three percent (3%)
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There shall be no pyramiding of educational incentive pay.
It is the employee's responsibility to provide proof of qualification. Employees who
fail to notify Police Administration of their educational incentive pay qualification
within twelve (12) months of attaining such qualification will not be eligible for
retroactive educational incentive pay.
Section 16.5. Effective Date of Compensation Increases
The effective date for all increases in compensation shall be the first day of the
month of the employee's anniversary or when otherwise eligible.
Section 16.6. Clothing and Equipment
A. The City shall furnish employees with clothing and equipment necessary to
enable them to perform their assigned duties. Quantity of items shall be in
accordance with past practice.
B. Necessary articles of equipment may include, but are not limited to,
flashlights, batteries, notebooks, computers, pens/pencils and other
necessary minor articles of equipment of a nature specified herein. In
addition, this includes any safety equipment which might be formally
recommended by the police administration and funded with the Police
Department budget.
C. The City will repair or replace damaged clothing or equipment due to normal
wear and tear in service. Unusual repairs required to be made because of
neglect or abuse by the employee shall be paid for by the employee
responsible.
D. The City shall provide uniforms in accordance with past practice. Cleaning
and laundry of uniforms supplied by the City shall be the responsibility of the
employee. Approved accessories to the uniform, which are optional in
nature, shall be provided by the employee according to personal preference.
E. Employees who suffer a loss or damage to appropriate personal property
and/or clothing in the line of duty shall be reimbursed for such loss or
damage by the City in an amount up to $300.00 per occurrence. However,
employees are generally expected to use reasonably priced personal
property/accessories while on duty.
F. Members of the bargaining unit will be allotted:
1. For 2013, members will utilize the method as they did in the prior
collective bargaining agreement, which provided for $600 per year for
civilian clothing by using their city provided procurement card.
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$700 per year will be paid on the first paycheck in February beginning
in 2014. This allowance may be used for the purchase of business
attire or dress shoes for work or to cover the cost of dry cleaning such
attire.
2. Be provided uniforms by the City.
Section 16.7. Compensation for Training
The City agrees to compensate any employee for training time which is a result of
an employee's required attendance at any symposium, seminar, or training school.
Section 16.8. Timely Compensation
Employees will receive their payroll checks by 12:00 noon on the designated
payday.
Concerning employees who wish to participate in the direct deposit option offered
by the City for automatic deposit of paychecks to the banking institution of the
Employee's choice, it is agreed that the timeliness of having funds available by
12:00 (noon) of any given payday can no longer be guaranteed by the City due to
the possibility of unforeseen banking computer system problems that may arise
from time to time. Employees who opt to participate in this program do not have a
12:00 (noon) guarantee insofar as the banking transfer network system is
concerned. It is mutually understood that the City has no control of the timeliness
of funds being available once transmitted electronically. However, it is also
understood that normal paydays do occur on the 5th and the 20th of each month
and that the City will initiate the electronic transfer of employee pay on the 4th and
19th of each month to employee accounts.
Section 16.9. Deferred Compensation
A. The City will contribute three percent (3%) of a Police Commander's annual
base pay to each bargaining unit member's 457 deferred compensation
program.
B. The City's total annual maximum contribution will be calculated based on the
pay rate effective January 1 each year, and that amount will then be divided
and contributed over the twenty four (24) pay periods in the year. The
employee will make their participation choice within a two-week annual
enrollment period as designated by Human Resources. Changes to the
employee's portion of Deferred Compensation contributions may be made
mid-year, but the City's contribution will be set during the designated open
enrollment period.
C. New hires or newly promoted employees will be eligible to commence
participation in the City's contribution into their deferred compensation
program based on their date of hire or date of promotion into this bargaining
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unit. If an employee is hired/promoted between the 1st and 7th or the 16th
and 22nd of the month, the employee will be eligible for the full contribution
amount for that pay period. If an employee is hired between the 8th and
15th or the 23rd and the end of the month, the employee will not be eligible
to participate in the contribution program until the following pay cycle.
The designated open enrollment period for a new hire or newly promoted
employee for the initial employment/promotion year shall be the employee's
first two weeks of employment/promotion with the Kent Police Department in
this bargaining unit.
Section 16.10. Accreditation Pay
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 the Agreement for as long as the
Department retains its accreditation.
Section 16.11. VSWAT Call Out Specialty Pay
The City agrees to compensate with specialty pay a commander who is designated
VSWAT Commander due to the disproportionate call out demand compared with
other Commanders in the unit. VSWAT Call Out pay is three and one half percent
(3.5%) of base pay per month In addition to regular pay. Only the VSWAT
Commander will receive the 3.5% call out specialty pay.
Section 16.12 Fitness Incentive
The City and Union agree to establish an incentive program (e.g. multi-tiered)
beginning in January 1, 2014, that is able to be Integrated Into the upcoming city-
wide wellness program.
Should the City and Union fail to reach agreement on an incentive program tied to
the City's wellness program, the parties agree to utilize a program that is not less
than what is in the City of Kent Sergeants and Officers 2012 contract.
At the expiration of the contract, the City will evaluate the program's effectiveness
with regard to return on investment (ROI) and may modify the testing/participation
standards or discontinue the program at its discretion.
t
Section 16.13. Comparable Jurisdictions
The following were mutually agreed as comparable jurisdictions during the
negotiation of this Agreement.
AUBURN
3
BELLEVUE 3
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EVERETT
RENTON
VANCOUVER
For the purpose of-negotiating wages for future contracts, both parties reserve the
right to discuss the comparable jurisdictions to be used.
ARTICLE 17 — FUTURE CHANGES
The City of Kent ("City") and the Kent Police Officers Association ("Association"),
representing police Assistant Chiefs and Commanders ("Association CL"), agree that
it would be mutually beneficial to minimize the bargaining process in the future.
The members of the Association CL are supervisors at the City, and protracted
bargaining is detrimental to the overall management and operation of the Police
Department and the City.
As such, the parties have agreed that with regard to the major economic items of
wages, medical insurance, deferred compensation, and longevity, the mutual
expectation of the parties is that the Assistant Chiefs and Commanders will receive
the same changes as received by the members of the rank and file unit. For wages,
this means that the timing and amount of the annual percentage increase will be
the same for the two bargaining units. If there is a change in the deferred
compensation contribution or longevity schedule of the rank and file unit, it will also
be applicable to the Association CL. Any health care changes agreed to by the rank
and file unit (including, without limitation, changes in employee premiums or co-
pays, plan changes, and/or plan redesign) will be effective for the Association CL at
the same time that they become effective for the rank and file unit.
It is also recognized that on occasion the rank and file unit will negotiate an
increase in wages, deferred compensation or longevity in exchange for increased
flexibility or other management objective(s) of the City. The intent of the parties is
that when this occurs, the City may reopen this Agreement in order to negotiate a
similar or related change for the Association CL. In this event, the increase in
wages, deferred compensation or longevity will become effective only upon
resolution of the reopened contract bargaining as will the change in the contract
itself. In the event the change is unique to the rank and file unit and does not
affect the wages, hours or working conditions of the Assistant Chiefs' and
Commanders' unit, and the increase in wages, deferred compensation or longevity
is clearly linked to the change in the wages, hours or working conditions of the rank
and file bargaining unit, the increased compensation will not be applicable to the
Association CL.
Any changes to any wage, hour or working condition contemplated after the
expiration of this agreement and during a contract hiatus, shall not be implemented
until such time as the parties have signed a new bargaining agreement. This Article
is not intended a.) to interfere with negotiated effective dates of changes in labor
agreements between the City of Kent and the Assistant Chiefs' and Commanders'
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bargaining unit; or b.) in any way to prohibit the parties from mutually agreeing to
wages, hours and working conditions (either higher or lower) than that which exists
in the rank and file unit.
This agreement is intended to provide guidance to both the parties and to any
future interest arbitrator. In reaching this agreement, the parties recognize that
their future negotiations will be guided by the rank and file settlement and
economics. In any interest arbitration proceeding, there shall be a strong
presumption that the status quo doctrine shall be applied to the bargaining and
economic relationships established by this agreement, rather than reliance on
comparables.
ARTICLE 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 are offered to
bargaining unit members:
A. City's self-insured Enhanced Prudent Buyer (PPO) healthcare plan
administered by Premera Blue Cross with Vision Service Plan (VSP);
B. Group Health Cooperative (HMO), with $10.00 copays for office visits
and prescription drugs and $75 copay for emergency room visits;
Washington Dental Service; and VSP Vision;
C. Health Savings Account (HSA) and High Deductible Health Plan; and
D. 80/20% Traditional Plan.
If an employee elects option C or D above, the employee will no longer be eligible
to select option A in the future.
This Subsection may also be modified in accordance with Article 17 - Future
Changes.
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 premium cost shall be paid by the City.
Subsection 18.1.3. Dependent Coverage
f
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Employees in the bargaining unit have dependent coverage available under the
plans offered by the City. The employee shall pay the monthly premiums for such
health plan depending upon the coverage and plan elected.
A. For employees who select the Enhanced Prudent Buyer (PPO) plan or the
Group Health Plan:
1. 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 two hundred and two dollars
($202.00) per month.
B. For employees who select the Health Savings Account (HSA) with the High
Deductible Health Plan, the City shall contribute thirty-five percent (35%) of
the employee's deductible Into the employee's HSA account for the first year
in the plan.
C. Employees who select the 80/20% Traditional Plan shall pay for their
dependents' portion of the monthly premiums at the same rate as non-
represented employees.
This Subsection may be modified in accordance with Article 17 - Future Changes.
The parties agree to meet and have meaningful discussions on Health Care
Insurance for the purpose of plan design.
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. Long Term Disability Insurance
The Kent Police Officers Association shall determine and administer the premiums
and benefits of its own Long Term Disability Insurance program.
The City's only responsibility is to make premium deductions as specified by the
KPOA through Association members payroll on behalf of the KPOA.
Section 18.4. Forms Handling
A. The Association and its membership agree to cooperate with the City in all
requirements relating to insurance forms and processing such. It is mutually
agreed that forms handling is a necessary part of the employee and City's
duties, and that expeditious handling is in the best interest of both parties.
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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 18.5. Health Care Committee
The parties agree that the Association's participation on the City's Health Care
Committee has been mutually beneficial. The parties recognize that there must be
representation and participation by all Unions on the Committee. Therefore, the
Union agrees to designate two (2) representatives to participate in the Health Care
Committee.
Section 18.6. Hepatitis B Vaccination Program
The City will provide employees with the opportunity to receive vaccinations and
the follow-up tests to help prevent contraction of the Hepatitis B virus. The
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 18.7. Retirement Health Savings Account (RHS)
Both parties agree that the City will no longer make contributions to the RHS plan.
Rather, the City will revert to contributing to the 457 deferred compensation
program (Section 16.9).
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 and Department policies concerning
"Tobacco Use".
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. Substance Abuse Policy
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The City and the Association recognize that drug use by employees would be a
threat to the public welfare and the safety of department personnel. It is the goal
of this policy to eliminate or absolve illegal drug usage through education and
rehabilitation of the affected personnel. The use of alcoholic beverages or
unauthorized drugs shall not be permitted at the City's work sites and/or while an
employee is on duty nor shall an employee report for duty under the influence of
alcohol or unauthorized drug. Nothing in the passage of I-502 in 2012 changes the
intent of this Article or department policy 13.1.1 (Code of Conduct).
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
for promotional opportunities. Information regarding an employee's participation in
the Employee Assistance Program will be maintained in confidence.
Section 21.3. Employee Testing
Unless otherwise required by federal law, employees shall not be subject to random
urine testing or blood testing or other similar or related tests for the purpose of
discovering possible drug or alcohol abuse. If the City has reasonable suspicion to
believe an employee's work performance is impaired due to drug or alcohol use, the
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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.
Collection of blood or urine samples shall be conducted in a manner which provides
for the highest, reasonable degree of security for the sample and freedom from
adulteration. Blood or urine samples will be submitted as per NIDA standards
including the recognized chain of custody procedures. Employees have the right for
Association and/or legal representation to be present during the submission of the
sample. Employees shall not be witnessed while submitting a urine specimen.
Prior to submitting to a urine or blood sample, the employee will be required to sign
a consent and release form as attached to this article.
A split sample shall be reserved in all cases for an independent analysis in the event
of a positive test result. All samples must be stored in a scientifically acceptable
preserved manner as established by NIDA. All positive confirmed samples and
related paperwork must be retained by the laboratory for at least six (6) months or
for the duration of any grievance, disciplinary action, or legal proceedings,
whichever is longer. At the conclusion of this period, the laboratory's paperwork
and specimen shall be destroyed. Tests shall be conducted in a manner to ensure
that an employee's legal drug use and diet does not affect the test result.
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
1
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 '
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1
Marijuana metabolites ............. 100 ng/ml
Cocaine metabolites ................ 300 ng/ml
Opiate metabolitesl ................ 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) eenzoylecgonme
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 Testina
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
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
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
I
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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 ARpeal
The employee has the right to challenge the result of the drug or alcohol test and
any discipline imposed in the same manner that he/she may grieve any other City
action.
Section 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
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worker rights arising from the administration of the drug and alcohol testing
program.
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 Officer. The information provided to the employer shall be
only whether the tests were confirmed positive or were negative and not any other
results of the test without my written consent. The laboratory is not authorized to
release the results of this test to any other person without my written consent.
I understand I have the right to my complete test results and that the laboratory
will preserve the sample for at least six (6) months. I have the right to have this
sample split and a portion tested at a second laboratory of my choice at my
expense in the event the test results are confirmed positive.
I understand that the City is requiring me to submit to this test as a condition of my
employment and that alteration of the sample or failure to reasonably cooperate
with the collection of a urine/blood sample will result in disciplinary action by the
City.
I understand that a confirmed positive test may result in a requirement that I
undergo rehabilitation.
By signing this consent form, I am not waiving any of my rights under any federal,
state or local law, statute, constitution, ordinance, administrative rule or regulation
or common law provision. I understand that I have the right to challenge any
confirmed positive test result and any Employer action based thereon by filing a
grievance under the Collective Bargaining Agreement.
Date Employee Signature
Witness
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ARTICLE 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 sub3ect or matter specifically covered by this
agreement.
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ARTICLE 24 — TERM OF AGREEMENT
This Agreement shall become effective January 1, 2013, and shall remain in force
until December 31, 2015. The parties agree that this Agreement shall, as of
January 1, 2013, supersede and effectively terminate the "City of Kent and Kent
Police Officers Association, Assistant Chiefs and Commanders, January 1, 2012
through December 31, 2012" collective bargaining agreement.
°7 4- ff
Signed this/ / day of � Lio , 2013, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICERS ASSOCIATION
By By
Suz t ooke, Mayor Hans Ma rest ent
� //�
By B
Lorraine Patterson, Ran y Bourn
Human Resources Director Negotiations am Member
By
Teri Smith, Rafael Padilla,
Labor Relations Manager Negotiations Team Member
B
Tara McCormick,
Negotiations Team Member
Appro t
i
y Attorn
i
'Attest:
City Clerk
a
i
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APPENDIX A - OFF-DUTY SUPPLEMENTAL HOURS PAY
Section 1. Purpose
This Appendix is specifically intended to address hours worked by commissioned
officers while off-duty (hereafter referred as "supplemental hours"), which is funded
and paid by external third parties. The City will document, process and record all
such supplemental hours. The City agrees to perform the scheduling, bookkeeping
and reporting functions of such supplemental hours 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 non-exempt
employees for City staffing purposes or additional staffing needed due to
special events planned, organized and funded by the City of Kent.
B. Supplemental hours are 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 hours 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 Assistant Chief or Commander regardless of
his or her current assignment 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 hours. Any exceptions to an
officer's eligibility to work supplemental hours 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 hours shall be considered on-duty
conduct. Commissioned officers working supplemental hours shall be subject to all
policies, procedures, practices and standards of the City and the Kent Police
Department, and shall be subject to all laws, rules, and regulations of the State of
Washington and/or the Federal Government applicable to police work and law
enforcement. Failure to abide by applicable laws, rules, regulations, policies,
procedures, practices and standards may subject the officer to disciplinary action
up to and including termination of employment. The officer will be afforded all
applicable protections as provided by the CBA, Civil Service rules and City and
Department policies and procedures for conduct that arises while working
supplemental hours.
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Section S. Required Paperwork
A. All required paperwork resulting from the officer's supplemental hours
worked should be completed during the supplemental shift.
B. If the officer working the supplemental time 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 hours while on sick leave.
B. The Chief retains the right to restrict officers from working supplemental
hours with cause (i.e. disciplinary action, performance issues/concerns, paid
administrative leave, etc.).
Section 7. Supplemental Hours Sign-up. Assignment and Mandating
A. Sign-up for supplemental hours shall be voluntary on a first come first serve
basis. The Chief may not mandate officers to work supplemental hours and
may not discipline an officer for refusing to work supplemental hours.
B. The Police Department will provide a sign-up list for the supplemental hours
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 hours need, 2) timeline for signing up for the hours, and 3)
moving officers between primary, secondary and alternate slots.
C. Employees working or scheduled to work supplemental hours may be
redirected, at the discretion of the Chief, to cover City hours, Kent Police
Department functions and emergencies. The City will make reasonable
efforts to solicit volunteers for the City hours first before redirecting officers
from supplemental hours to City assignments. Commissioned officers
working City assignments shall be paid at the officers' regular rate, as
applicable, per the CBA.
D. The Chief will have the authority to move any employee who is signed up for
supplemental hours to the City's assignment list once the supervisor has
made reasonable efforts to solicit volunteers for the City assignment.
In the midst of a supplemental shift, if the officer is needed in court, the officer will
attend court and be paid at the City rate. If applicable, once the officer returns to
the supplemental assignment, the supplemental pay rate for that assignment will
resume.
Section S. Compensation
A. Supplemental hours worked shall only be paid and shall not be eligible for
compensatory time accrual.
B. The minimum number of hours for each supplemental hours shift/assignment
shall be four (4).
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C. Compensation for supplemental hours shall be paid at the rate specified in
Subsection 8.D, regardless of the commissioned officer's rank. Such
supplemental hours are paid by an independent third party, and are
therefore, exempt from Fair Labor Standards Act (FLSA) and Minimum Wage
Act (MWA) overtime calculations.
D. The rate of pay for supplemental hours 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 hours 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 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 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 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 shift beyond ten (10) consecutive
hours.
➢ Example 1: If the officer is scheduled for eight (8)
supplemental hours, 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) supplemental
hours, 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) supplemental
hours, with the understanding that ten (10) hours will be at the
straight time rate and two (2) hours will be at the higher 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)
supplemental hours, with the understanding that ten (10) hours
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will be at the straight time rate and two (2) hours will be at the
higher 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 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 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 over 10 (ten) hours, 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 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. i
c. The rate of pay for high-risk work for a shift longer than ten (10)
hours shall be sixty dollars ($60) per hour for the first ten (10)
hours and ninety dollars ($90) per hour after ten (10) hours.
However, if the officer signs up for more than one (1) consecutive
supplemental shift, the officer will be paid at 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 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 shift beyond ten (10) consecutive
hours.
a
1
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➢ Example 1: If the officer is scheduled for eight (8) high-risk
supplemental hours, 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) high-risk
supplemental hours, 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) high risk
supplemental hours, with the understanding that ten (10) hours
will be at the straight time rate and two (2) hours will be at the
higher 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) high risk
supplemental hours, with the understanding that ten (10) hours
will be at the straight time rate and two (2) hours will be at the
higher 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 high risk
supplemental 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 high risk
supplemental shift and splits a second ten (10) hour shift with a
co-worker for a total of fifteen (15) hours (more than one (1)
consecutive shift), with the understanding that all fifteen (15)
hours will be paid at straight time, and then is held over for one
(1) additional hour, the officer shall be paid sixty dollars ($60)
per hour for the first fifteen (15) hours and ninety dollars ($90)
per hour for the last hour.
d. If a supervisor is required and authorized by the Chief for a high-
risk work supplemental 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.
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Section 9. Cancellation of Supplemental Hours
If a supplemental 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 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 pay at the higher rate of
pay for that supplemental 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 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 hours worked on the current pay
adjustment timesheet. Officers shall complete timesheets to include
supplemental hours worked within timelines required by the City's policies,
procedures and practices.
7
B. The third party employer shall pay the City for all supplemental 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 hours at the rate
specified in Section 8. Compensation of this agreement. Such supplemental
hours 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 hours earnings shall include the employee's
portion of payroll taxes (i.e. Social Security, Medicare, LEOFF, etc.).
D. The City shall report supplemental hours earnings and deductions to the
appropriate governmental agencies.
Section 11. Work Performed by Non-Bargaining Unit Members
A. Supplemental hours not filled by Kent Police Department officers can be
contracted out, at the Chief's discretion, to outside police agencies. The rate
of pay for outside agencies shall be determined by the Chief. The Chief will
first allow Kent commissioned officers an opportunity to voluntarily sign up
for the supplemental hours. If the supplemental hours remain 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 3
hours remain unfilled, the Chief may contact other outside police agencies
which are not on the mutually agreed upon list. If the supplemental hours
remain unfilled, the City will reject the offer of supplemental hours from the
third party employer. At all times the Chief retains the right to accept or
reject any offer of supplemental hours from any third party employer and to
determine the number of officers needed at a particular supplemental hours
assignment.
s
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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.
I
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7 owmviiii,, REQUEST FOR MAYOR'S SIGNATURE
,,4400
KENT Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator 1ej �� r� Phone (Originator):
Date Sent: 7 _ J -�� Date Required:_ • /J
Return Signed Document to: CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL:
Brief Explanation of Document:
j G
ILL- WL.1 V L.0
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department) l- 2 ��13
Received: City of Kent
r ..111? Office of the Mayor
Approval of City Attorne .
City Attorney Commen 2
KE'Nr �-.'E l EPT
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Adrn ration Staff
Received-
2 4 '_
Recommendations & Comments: _
- err.?
Disposition: /-
Date Returned: ',
/* , r S -
Iage5870 • 2/04