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HomeMy WebLinkAboutHR16-023 - Original - Kent Police Officers Association (KPOA) - 2016-2018 Police Assistant Chiefs & Commanders Labor Agreement - 01/01/2016 tr �` Records p r t ' KETIT Documen t {4h9XINOTOH tl Y. v�1t rtr, CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Kent Police Officers Association Police Assistant Chiefs and Commanders Labor Agreement 2016-2018 Vendor Number: JD Edwards Number Contract Number: KPOA Assistant Chiefs and Commanders Labor Agreement This is assigned by City Clerk's Office Project Name: Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/1/16 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Leialani Jensen Department: Human Resources Contract Amount: N/A Approval Authority: ❑ Department Director ❑ Mayor ® City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 i CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION POLICE ASSISTANT CHIEFS AND COMMANDERS LABOR AGREEMENT JANUARY 1, 2016 through DECEMBER 31, 2018 I TABLE OF CONTENTS TABLE OF CONTENTS...... .................................. ................. ................. I PREAMBLE......................................................................I............................ 1 ARTICLE 1 — RECOGNITION AND BARGAINING UNIT................................... 1 SECTION 1.1. RECOGNITION OF THE ASSOCIATION ..................................:..................................1 SECTION 1.2. DEPUTY CHIEF ASSIGNMENT..............................................................................1 SECTION 1.3. REPRESENTATION DURING NEGOTIATIONS ............................................................I SECTION 1.4. BULLETIN BOARD SPACE...................................................................................1 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...............................................................................4 SECTION 2.3. DUES DEDUCTION...........................................................................................4 ARTICLE 3 — EMPLOYMENT PRACTICES........................................................5 SECTION 3.1. SENIORITY DEFINITION............ :...................................... ..................................5 SECTION 3.2. PERSONNEL REDUCTION .......,........................................— ..............................5 SECTION 3.3. SEVERANCE PAY/NOTICE ....................................................................7.............6 SECTION 3.4. ESTABLISHMENT OF REINSTATEMENT REGISTERS ....................................................6 SECTION 3.5. EMPLOYEE STATUS WHEN REINSTATED ................................................................7 SECTION 3.6. EEO/NONDISCRIMINATION ...............................................................................7 SECTION 3.7. PERSONNEL FILES......................................:.....................................................7 ARTICLE 4 — HOURS OF WORK.....................................................................8 SECTION 4.1. WORK DAY AND WORK WEEK ............................................................................8 SECTION 4.2. EXECUTIVE LEAVE ...........................................................................................9 SECTION 4.3. CALL OUT DUTY .............................................................................................9 SECTION 4.4. MODIFIED WORK SCHEDULE............................................................................ 10 F ARTICLE 5 — DEPARTMENTAL WORK RULES AND WORK SCHEDULES.........10 SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES............................................................ 10 ARTICLE 6 — SICK LEAVE ....... ... ... ........... ......................... 10 SECTION 6.1. SICK LEAVE ACCRUAL..................................................................................... 10 SECTION 6.2. SICK LEAVE USAGE......................................................................................... 11 SECTION 6.3. LEOFF II EMPLOYEES--ON-pUTY INJURY LEAVE PROVISION..................I................. 11 SECTION 6.4. SICK LEAVE INCENTIVE/BUY-OUT PROGRAM ........................................................ 12 SECTION 6.5. LIGHT DUTY ................................................................................................. 13 ARTICLE 7 — HOLIDAYS.............................................................................13 SECTION 7.1—CITY HOLIDAYS ........................................................................................... 13 SECTION 7.2— HOLIDAY LEAVE BANK................................................................................... 14 SECTION 7.3— HOLIDAYS FOR NEWLY PROMOTED COMMANDERS............... ............................... 14 P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018.Neg\PA 2016-2018 Contract-Final.doox 1 i ARTICLE 8 - EDUCATION ALLOWANCE .ms................... ............................14 SECTION 8.1. TRAINING AND EDUCATION REIMBURSEMENT POLICY.............................................14 SECTION 8.2. TRAINING AND EDUCATION APPROVAL PROCESS ................................................... 15 SECTION 8.3. CLASS ATTENDANCE ...................................................................................... 16 SECTION 8.4. REIMBURSEMENT PROCEDURES......................................................................... 16 SECTION 8,5. TRAINING ALLOWANCE...................................................................................16 ARTICLE 9 - ANNUAL LEAVE...................................................................... 17 SECTION 9.1. ANNUAL LEAVE............................................................................................. 17 SECTION 9.2. SCHEDULING ANNUAL LEAVE............................................................................ 17 SECTION 9.3. MAXIMUM ACCRUAL....................................................................................... 17 ARTICLE 10 - PENSIONS ......................................... ............ 18 ARTICLE 11 - BEREAVEMENT.. ................................. ...............................18 ARTICLE 12 - MANAGEMENT RIGHTS......................... ............................. 18 SECTION 12.1. GENERAL MANAGEMENT RIGHTS .............:....................................................... 18 SECTION 12.2. VOLUNTEERS AND TEMPORARY EMPLOYEES........................................................ 19 ARTICLE 13 - PERFORMANCE OF DUTY...................... ............................. 19 SECTION 13.1. NON-STRIKE PROVISIONS .............................................................................19 SECTION 13.2. PERFORMANCE OF DUTY ...............................................................................20 ARTICLE 14 - GRIEVANCE PROCEDURE ..................... .............................20 SECTION 14.1. GRIEVANCE DEFINITION.........................m......................................................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 DIME LIMITS ...............................................................................20 SECTION 14.6. ARBITRATORS 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 SECTION 15.2. PSYCHOLOGICAL EVALUATIONS.......................................................................25 ARTICLE 16 - COMPENSATION ..................................................................26 SECTION16.1. SALARIES..................................................................................................26 Subsection 16.1.1 Wage Separation............................................................................27 SECTION 16.2. COMMUNITY SERVICE DUTIES ........................................................................27 SECTION 16.3. WORKING OUT OF CLASSIFICATION .................................................................28 SECTION 16.4. LONGEVITY AND EDUCATION INCENTIVE PAY......................................................28 Subsection 16.4.1. Longevity Pay........ ....................................... ......--....................28 Subsection 16.4.2. Educational Incentive....................................................................29 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 P:\LCC(Labor,Class&Con)p)\Labor\6N1CN\Police Asst'Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-FinnWou II SECTION 16.9. DEFERRED COMPENSATION............................................................................30 SECTION 16.10. ACCREDITATION PAY........................................:......................,.......,..........31 SECTION 16.11. CALL BACK PAY........................................................ .............................31 SECTION 16.12 FITNESS INCENTIVE .................................................................................'....32 SECTION 16.13. COMPARABLE JURISDICTIONS .......................................................................32 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......................................................................34 Subsection 18.1.3. Dependent Coverage ....................................................................34 Subsection 18.1.4. Healthcare Reopener and 2016 HSA Funding..................................34 SECTION 18.2. LIFE INSURANCE .........................................................................................35 SECTION 18.3. LONG TERM DISABILITY INSURANCE.................................................................35 SECTION18.4. FORMS HANDLING................�.,....................................................................35 SECTION 18.5. HEALTH CARE COMMITTEE ............................................................................35 SECTION 18.6. HEPATITIS B VACCINATION PROGRAM ..............................................................35 ARTICLE 19 - MILITARY LEAVE ..................................................................36 ARTICLE 20 - TOBACCO FREE WORK PLACE...............................................36 ARTICLE 21 - SUBSTANCE ABUSE TESTING ...............................................36 SECTION 21.1. SUBSTANCE ABUSE POLICY .......:................. .................. .............................36 SECTION 21.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING...............................36 SECTION21.3. EMPLOYEE TESTING.,...................................................................................37 SECTION 21.4. SAMPLE COLLECTION...............................•............•.......................................37 SECTION 21.5. DRUG TESTING...........................................................................................38 SECTION 21.6. ALCOHOL TESTING ......................................................................................39 SECTION 21.7. MEDICAL REVIEW PHYSICIAN .........................................................................39 SECTION 21.8. LABORATORY RESULTS .................................................................................40 SECTION 21.9. TESTING PROGRAM COSTS ............................................................................40 SECTION 21.10. REHABILITATION PROGRAM..........................................................................40 SECTION21.11. DUTY ASSIGNMENT AFTER TREATMENT...........................................................40 SECTION 21.12. RIGHT OF APPEAL..,............................................... .............................41 SECTION 21.13. ASSOCIATION HELD HARMLESS.....................................................................41 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 P:\LCC(Labor,Class&Camp)\Labor\UNION\Police Asst CNef_Comm\NegotiaUQns\2Q18 Neg\PA 2p16-2018 Contract-Final.doa iii 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 all Assistant Chiefs and Commanders in the Kent Police Department. Section 1.2. Deputy Chief Assignment Assignment to Deputy Chief will be made at the sole discretion of the Police Ch-ief. 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. Time served in the Deputy Chief assignment will count towards seniority within the bargaining unit for all associated benefits. Section 1.3. Renresentation 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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Pinal.dooc Page 1 of 48 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 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. 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 P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2Q16-2018 Contract-Final.docx Page 2 of 48 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 1st of each year. Section I.G. 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. Promotional probationers shall serve a twelve (12) month probationary period from their promotion date or date of hire. 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. Subsection 1.6.1 Probation Extension Any probationary period may be extended upon the request of the Police Chief as a result of approved breaks in service, to allow for the completion of twelve (12) months of satisfactory performance in the employee's regular assignment. The city may extend the probationary period for up to six (6) months if additional time is needed for the employee to demonstrate his or her ability to perform the duties required of the position. The city will notify the employee of the extension in writing prior to the .end of the probationary period. 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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Flnal.docx Page 3 of 48 Section 2.2. !association Membership The Association accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. Neither party shall discriminate against any employee because of membership or non-membership in the Association. However, this clause shall not restrict the Association from providing internal, Association sponsored benefits to Association members only. Section 2.3. Dues Deduction The following procedure shall be followed in the deduction of dues for members of the Association: A. The City agrees to 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contrail-Final.doc Page 4 of 48 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. 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 . 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 classifications) 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 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 P:\LCC(Labor, Class&Camp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Pinal.docx Page 5 of 48 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 Section 3.2 above (non-disciplinary reason) will be reinstated in the 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 they were 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. P:\LCC(Labor,Class&Comp)\labor\UNION\Police Asst Chie(_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Pinal.docx Page 6 of 48 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. 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 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 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 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.). P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negobabons\2018 Neg\PA 2016-2018 Contract-Final.docx Page 7 of 48 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. 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 Dane 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/$s), 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). The parties agree that Assistant Chiefs will work with the Chief to make certain that flex schedules will be coordinated to ensure adequate operational coverage. 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. P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA2016-2018 Contract-Final.docx _ Page 8 of 48 f 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 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. P;\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neb\PA 2016-2018 Contract-Final.docx '.. Page 9 of 48 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 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 maybe 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 6A) P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 10 of 48 Section 6.2. Sick Leave Usage I 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. 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 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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.dou Page 11 of 48 This fourteen (14) day period may be extended by a reasonable time frame if the extension is required due to reasons beyond the employee's control and if such is approved by the City's Risk Management staff. 2. The employee has kept in regular contact with the City's Risk Management staff to actively take care of all injuries and/or illnesses in the shortest timeline possible. At no time will the employee be provided more than one (1) six (6) month period of worker's compensation supplemental pay per injury/illness (per worker's compensation claim). If the employee is unable to return to duty at the end of the six-month supplemental pay period, the provisions of RCW 51 and City Policy 6.2 (or any revisions thereof) shall apply. During the employee's entire 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 Incgntive/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 (8011/o) 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. P;\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\Pq 2016-2018 Contract-Final.dooc Page 12 of 48 i i Section 6.5. tight Duty In the event an employee becomes sick or disabled the employer may allow the LEOFF II member to return to work in a light duty status. 1. A light duty status job may be assigned so as to permit the employee to continue working within the Department in a duty capacity that the employee is physically capable of performing in accordance with the conditions set forth by the employee's physician while continuing to be paid at the employee's normal rate of salary. 2. Such assignment is contingent upon the medical prognosis of full physical recovery from the employee's disability within a reasonable period of time. 3. The 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx III Page 13 of 48 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. 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: P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief..Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 14 of 48 1. The employee must have successfully passed their initial probationary period of employment; 2. The employee must not have received any discipline greater than a written reprimand within the last twelve (12) months; 3. The class(es) must relate to the employee's current position or a promotional position within the employee's career path; 4. Costs eligible for reimbursement include tuition, fees associated with such class(es), and fifty percent (50%) of books; 5. If a commissioned officer is attending an accredited State institution, the officer shall be reimbursed based upon that institution's tuition schedule. If an officer is attending a non-State supported institution, the officer shall be reimbursed on the basis of the equivalent state institution or the University of Washington tuition schedule, whichever has the lower cost; 6. Commissioned officers who are working in the AA Degree Police Science Program will be reimbursed for costs of courses in that degree program, provided the program/school is approved by the Chief and the employee submits his training plan to the Chief for inclusion in the budget; 7. Education reimbursements for BA degree programs must be approved by the Police Chief, the Chief Administrative Officer and the 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 15 of 48 Officer for approval. If approved, the total cost of approved training and/or education requests will be included in the department's annual budget request. Once the budget is authorized, very few, if any, changes can be made. Interim changes will be considered by the Chief and acted on only if budget is available. Section 8.3. Class Attendance Employees who wish to attend classes offered by schools, colleges, universities, or other training organizations must do so during their off-hours. In special cases, subject to departmental approval, an irregular work schedule may be arranged in order for an employee to attend courses that are not offered during off-hours. Hours spent by an employee while attending class or studying for such class during off-hours, will not be considered compensable hours. Section 8.4. Reimbursement Procedures A. If reimbursement is received through outside grant funds, or any other potential source, including G.I. benefits, then reimbursement shall be primarily through that source. (Student loans shall not be considered outside funds for purposes of this section.) City reimbursement shall be secondary for the remaining unpaid balance of the approved education costs. B. Upon completion of pre-approved training and/or education classes, the employee must prepare a request for reimbursement itemizing actual expenses incurred and including a copy of the training authorities' certificate of completion or grade report. C. Paid receipts for, pre-approved training and/or education costs must accompany the request for reimbursement. The City will reimburse the employee for only those costs that have been pre-approved and for which paid receipts are attached to the reimbursement request. D. Employees requesting reimbursement must submit the request, with the required documentation, within thirty (30) calendar days following successful completion of the approved course(s). Requests not received within thirty (30) days will not be considered for reimbursement, unless good cause is shown. 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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 16, of 48 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 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 8th through 91h year 136 hours 11.33 hours 10th year 144 hours 12 hours I1th 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 22"d 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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Pinal.d= Page 17 of 48 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. 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 18 of 48 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: 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. P:\LCC(Labor,Class&Comp)\labor\UNION\Police Asst Chief_Comm\Negotiations\201B Neg\PA 2016-2018 Contract-Final.doa Page 19 of 48 Section 13.2. Performance of Duty It is agreed that all members of the bargaining unit shall perform all functions and duties required by laws of the State of Washington, ordinances of the City of Kent, and Civil Service rules and regulations and operating policies of the department. ARTICLE 14 - 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 P:\LCC(Labor; Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.doox Page 20 of 48 i alleged violation and the remedy sought. The parties agree to make every effort to promptly settle the grievance at this stage. The im`medlate supervisor shall answer the grievance within seven (7) 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 Assistant Chief, if applicable, by the aggrieved employee or Association representative within seven (7) calendar days. The Assistant 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 j 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 ( ) Y p 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; P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 21 of 48 b. Nature of the alleged violation; and C. Remedy sought. The City (through its Chief Administrative Officer or designee) and the Association may select a third disinterested party to serve as an arbitrator. In the event that the parties are unable to agree upon an arbitrator, the arbitrator shall be selected from a list of nine (9) Washington and Oregon arbitrators obtained from the Federal Mediation and Conciliation Services, each party alternately striking a name from the list until only one name remains. Section 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 P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Ass:Chief_Comm\Negotiations\2o18 Neg\PA 2016-2018 Contact-Final.doa Page 22 of 48 thirty (30) calendar days of the filing of the grievance or the commencement of the Civil Service hearing, whichever comes first. The Employer shall endeavor to accommodate the work schedule of employees who are the subject of a Civil Service hearing or grievance arbitration, provided that the Employer is not required to alter the schedule of any employee to make this accommodation. Section 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: 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 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; P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 23 of 48 5. The employee's right to have a KPOA representative present during the interview. In addition, the employee shall be afforded an opportunity, and facilities to contact and consult with a KPOA representative and its attorney prior to the interview. 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 Garrity warnings, the employee will be compelled to answer questions directly related to and narrowly "focused on the investigation. However, any information gained from the employee cannot be used in any criminal investigation. G. Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. H. The Association recognizes the administration's effort to improve procedures involving complaints against its members. In an effort to ensure that these procedures are accomplishing their goals, there will be an annual review of P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 24 of 48 the procedures in a meeting between the Association and the department's administration. I. The City shall not require employees who are subject of an investigation to be subjected to visits by the press or news media; nor shall their home addresses or contact information be given to the press or news media without the respective employee's consent (unless otherwise compelled by law). J. Upon completion of the investigation, the employee under investigation shall be promptly informed of the results of the investigation, i.e., whether the complaint is preliminarily determined to be unfounded, exonerated, not ,sustained, or sustained. If the preliminary findings of the investigation are that the complaint should be sustained, or other misconduct found, the employee and his or her KPOA representatives shall be furnished a complete copy of the investigation report and file prior to making a final decision and sufficiently in advance of any 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 25 of 48 seek psychological assessment and counseling. The City will continue to pay for these visits. 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.1. 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 out 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 Command Staff Salaries-ANNUAL SALARY EFFECTIVE 12/31/15 Assistant Chief $ 123,336.00 Commander $ 111,948.00 P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.doa Page 26 of 48 The annual salary assignment represents the following: A. Pursuant to Section 17, effective January 1, 2016,all members of the bargaining unit shall receive a 1.1% increase, which is the equivalent of 100% of the Seattle-Tacoma-Bremerton CPI-W, June. Effective January 1, 2016, all commanders and assistant chiefs in the bargaining unit shall receive a 2.5% wage increase. B. Effective January 1, 2017, 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%. Effective January 1, 2017, all commanders and assistant chiefs in the bargaining unit shall receive a 1.5% wage increase. C. Effective January 1, 2018, 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%. Effective January 1, 2018, all commanders and assistant chiefs in the bargaining unit shall receive a 1.0% wage increase. Subsection 16.1 1 Wage Separation There shall be an 18% wage separation between Commander and Assistant Chief. 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 meal cost 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 P:\LCC(Labor;Class&romp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 27 of 48 voluntarily participate in a community service organization shall be reimbursed for the annual membership fees and weekly meal cost 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 Assistant Chief who is assigned to perform duties of the Police Chief for periods of three full days or more, shall receive acting pay. Any Commander who is assigned to perform duties of a higher level 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 Chief's actual base pay. 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 Pad 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 Pay 5 years Two percent (2%) 10 years Three percent (3%) 15 years Four percent (4%) 20 years Six percent (611%) 25 years Seven percent (79/o) 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. P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 28 of 48 f 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%) 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. i 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 P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 29 of 48 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: Seven hundred dollars ($700) per year, less applicable taxes as required by the US Internal Revenue Service, which will be paid on the first paycheck in February. 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. 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 pay by direct deposit or a pre-paid debit card For employees who 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 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 command staff members 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief—Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 30 of 48 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 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. Call Back Pay Commanders "called back" to work with less than seven (7) days' advance notice shall receive a minimum of three (3) hours pay at the overtime rate for the work for which they were called back. This provision does not apply to call backs that occur within three (3) hours prior to the start of a shift or less than one (1) hour after the end of a shift. Call backs must be cleared with the Chief whenever feasible. Telephone calls do not constitute call backs. Community meetings of a non-emergency nature that are scheduled with more than three (3) days' advance notice will not constitute call backs. The parties agree that this provision is new for the 2016 contract and accordingly all past practices related to call backs are hereby nullified. The Association will not file or support any grievances over changes in the way the Department manages call backs. The parties recognize the value of developing strong working relationships with communities that share religious, ethnic, national and other cultural characteristics. The parties agree that the above callout provision does not apply to command staff attendance at events organized by these communities. The Chief will endeavor to send a representative of the Kent Police Department who is already on-duty at:the time of the event. If the Chief determines that another member of the command P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotlations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 31 of 48 staff is a more appropriate representative of the Kent Police Department, and that member is not on-duty at the time of the event, they shall attend the event and flex their time accordingly. Section 16.12 Fitness Incentive The current program will remain in place for 2016, and will discontinue effective December 31, 2016. The City and Union will continue to work towards establishing an incentive program (e.g. multi-tiered) that is able to be integrated into the 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 2016 contract. Section 16.13. Comparable Jurisdictions The following were mutually agreed as comparable jurisdictions during the negotiation of this Agreement. AUBURN BELLEVUE EVERETT FEDERAL WAY KI RKLAN D 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- P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Ass:Chief_Comm\Negotiations\20�8 Neg\PA 2016-2018 Contract-Final.doc Page 32 of 48 pays, plan changes, and/or plan redesign) will be effectivejor 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' 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); P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.dou Page 33 of 48 B. Group Health Cooperative (HMO), with 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. Employees are responsible for deductibles and copays. Subsection 18.1.3. Dependent Coverage 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, 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 ($2p2.00) per month. B. 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. Subsection 18.1.4. Healthcare Reopener and 2016 HSA Funding For employees who participate in the Health Savings Account (HSA) with the High Deductible Health Plan, the City shall contribute ninety percent (90%) of the employee's deductible on January 1 into the employee's HSA account for 2016. The parties agree to meet and have meaningful discussions on. Health Care Insurance for the purpose of plan design and HSA contribution levels for 2017 and 2018. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst CNef_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 34 of 48 This Subsection may be modified in accordance with Article 17 - Future Changes. 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. 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 contractlon 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 regulationsy 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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotladons\2018 Neg\PA 2016-2018 Contract-Final.docx Page 35•of 48 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 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: P:\LCC(Labor,Class&Comp)\labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 36 of 48 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 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Poliee Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 37 of 48 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 shall use an immunoassay test procedure which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs: INITIAL TESTING Marijuana metabolites ............. 100 ng/ml Cocaine metabolites ................ 300 ng/ml Opiate metaboliteal ................ 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 metabolite S2 ............... 150 ng/ml Opiate metabolites Morphine ...................... 300 ng/ml Codeine ........................ 300 ng/ml Phencyclidine ......................... 25 ng/ml Amphetamines Amphetamine................ 500 ng/ml P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 38 of 48 Methamphetamine ......... 500 ng/ml (1) Delta-9-tetrahydrocannabinol-9-carboxylic acid (2) Benzoylecgonine If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files. Drug test results gathered under this article will not be used in a criminal investigation or prosecution. Section 21.6. Alcohol Testing A breathalyzer or similar equipment certified by the state toxicologist shall be used to screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test performed by a qualified laboratory. This screening test shall be performed by an individual properly qualified to perform the tests utilizing appropriate equipment. An initial positive alcohol level shall be 0.04.grams per 210 L. of breath. That is, if both breaths register at .04 or above, that constitutes a positive test. If only one breath is at .04 or above and the other is below .04, the test is negative. If initial testing results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using a blood alcohol level. Sample handling procedures, as detailed in Section 21.4, shall apply. A positive blood alcohol level shall be 0.04 grams per 100 ml of blood. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files. Section 21.7. Medical Review Physician The Medical Review Physician shall be chosen and agreed upon between the Association and the City and must be a licensed physician with a knowledge of substance abuse disorders. The Medical Review Physician shall be familiar with the characteristics of tests (sensitivity, specificity and predictive value), the laboratories conducting the tests and the medical conditions and work exposures of the employees. The role of the Medical Review Physician will be to review and interpret the positive test results. He/she must examine alternative medical explanations for any positive 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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 39 of 48 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 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 o,ne (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. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contiact-Final.docx Page 40 of 48 i Section 21 12 Ridht of Appeal The employee has the right to challenge the result of the drug or alcohol .test and any discipline imposed in the same manner that he/she may grieve any other City action. Section 21.13. Association Held Harmless This drug and alcohol testing program was initiated at the request of the City. The City assumes the sole responsibility for the administration of this Article and shall be solely liable for any legal obligations and costs arising out of the provisions and/or application of this collective bargaining agreement relating to drug and alcohol testing. The Association shall be held harmless for the violation of any worker rights arising from the administration of the drug and alcohol testing program. 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 P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 41 of 48 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 ARTICLE 22 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 23 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, each voluntarily and without qualification agrees to waive the right to oblige the other party to bargain with respect to any subject or matter specifically covered by this agreement. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 42 of 48 ARTICLE 24 — TERM OF AGREEMENT This Agreement shall become effective January 1, 2016, and shall remain in force until December 31, 2018. The parties agree that this Agreement shall, as of January 1, 2016, supersede and effectively terminate the "City of Kent and Kent Police Officers Association, Assistant Chiefs and Commanders, January 1, 2013 through December 31, 2015" collective bargaining agreement. Signed this day of 2016, at Kent, Washington. CITY OF KENT KENT POLICE OFFICERS ASSOCIATION — + r' By '� t l B y 'Suzett 'Cooke, Mayor Ken filay, Associatio resident 4, _ I�, A a Bye By Chris Hills, Robert Scholl, Interim HumanResources Director Negotiations Team Member v ; BY BY t Lelalani Jense�, Rafael'Padilla, 1Labor Rel Ions-Manager Negotiations Team Member By By Brent bz[ugh, Eric emmen, Negotiations Team Member Negotiations Team Member Approved as to form: 9� tJd City Attorney, f ;t� din t Attest: ,��-_, ��.- -' lerk ' P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 43 of 48 APPENDIX A - OFF-DUTY SUPPLEMENTAL HOURS PAY Section 1. Puroose 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. P:\LCC(Labor, Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 44 of 48 C Section 5. 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 Sion-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). P:\LCC(Labor,Class&Comp)\Labor\UNION\Polioe Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 45 of 48 C. Compensation for supplemental hours shall be paid at the rate specified in Subsection 8. C(1), 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. 1. Rate of Pay. a. The rate of pay shall be sixty dollars ($60) per hour. b. The rate of pay 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. c. The rate of pay 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 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. Y 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 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) 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) 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) 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. A Example 5; If the officer signs up for a ten (10) hour supplemental shift and splits a second ten (10) hour shift with a P:\LCC(Labor, Class&Comp)\Labor\UNION\Pollee Asst Chief Comm\Negotiations\2018 Neg\PA 2016-2018 Contract-Final.docx Page 46 of 48 co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, the officer shall be paid sixty dollars ($60) per hour for all fifteen (15) hours worked. This is because the original scheduled shifts that the officer signed up for was added up to fifteen (15) hours. ➢ Example 6: If the officer signs up for a ten (10) hour supplemental 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 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/�) time rate, and for hold-overs beyond ten (10) hours as defined in paragraphs b. and c. above. 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. 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 P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2018 Contfact-Final.docx Page 47 of 48 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 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. B. Nothing within this Appendix shall restrict the City from using Police Department volunteers to perform duties they currently perform or have performed in the past. These duties may include, but are not limited to, parking direction/control, pedestrian traffic control, providing public information, etc. . Questions of KPOA duties that have been performed by past volunteers shall be discussed and mutually agreed upon between the parties. C. Nothing within this Appendix shall restrict the parties from allowing the implementation of the Police Cadet program and allowing Cadets to perform limited police functions within the scope allowed by law, civil service rules, and as mutually agreed upon between the parties. D. Nothing within this Appendix shall restrict non-KPOA members from performing police work which is currently and have been traditionally performed by those employees. E. Nothing within this Appendix shall restrict the parties' ability to meet and mutually agree upon any additional police work which may be performed by non-bargaining unit members if/when such need arises. F. Nothing in this Appendix shall be interpreted to allow the City to supplant KPOA bargaining unit work or to displace KPOA bargaining unit employees. P:\LCC(Labor,Class&Comp)\Labor\UNION\Police Asst Chief_Comm\Negotiations\2018 Neg\PA 2016-2Q18 Contract-Final.docx Page 48 of 48 REQUEST FOR MAYOR'S SIGNATURE • Print on Cherry-Colored Paper KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director( _, a-kt _�, Originator: Leialani Jensen Phone (Originator): 253-856-5283 Date sent: January 15, 2016 Date Required: January 19, 2016 Return Signed Document to: Leialani Jensen Contract Termination Date: December 31, 2018 VENDOR NAME: Date Finance Notified: Assistant Chief and Commander 2016-2018 CBA (Only required on contracts January 7, 2016 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: January 5, 2016 Date Risk Manager Notified: 1 v, (Required on Non-CityStandard Contracts A r�ements Has this Document been Specifically Account Number: Authorized in the Budget? o YES ONO Brief Explanation of Document: Collective Bargaining Agreement Ratified by City Council on January 5, 2016 for the Assistant Chiefs and Commander group. Contract term is January 1, 2016 through December 31, 2018. All Contracts Must Be Routed Through The Law Department -r, C { f' (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments " Date Forwarded to Ma or:' Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: r I Date Returned: P.1Ovi lPormel�ouimentFmceexmgiReyuesl foi' eyora igneNre.ov