HomeMy WebLinkAboutHR16-047 - Supplement - Kent Police Officers Association (KPOA) - Settlement Agreement re: Pay Percentages - 06/01/2016 13 21
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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 Officer's Association
Vendor Number:
3D Edwards Number
Contract Number: LW I - . I
This is assigned by City Clerk's Office
Project Name: Settlement Agreement - Pay Percentages
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Settlement Agreement
Contract Effective Date: 6/1/16 Termination Date: N/A
Contract Renewal Notice (Days): NSA
Number ofdays required notice for termination or renewal or amendment
Contract Manager: Kim Komoto Department: Law
Contract Amount: N/A
Approval Authority: ❑ Department Director M Mayor ❑ City Council
Detail: (i.e. address, location, Parcel number, tax id, etc.):
As of: 08/27/14
Settlement Agreement Between the
City of Kent and Kent Police Officers Association
This Agreement is entered by and between the city of Kent ("City") and the Kent Police Officers
Association ("KPOA") representing the police sergeants and officers bargaining unit to memorialize an
agreement reached between the City and the KPOA regarding the application of various pay
percentages to pay earned while working out of class. This Agreement is intended to take precedence
over and amend the Police Sergeants and Officers Collective Bargaining Agreement entered between
the City and the KPOA for the period of 2016—2018 (hereinafter referred to as"CBA").
Background
The City has been applying Premium Pay(CBA Section 17.3) and Longevity and Educational Incentive Pay
(CBA Section 17.5) to the employee's base rate of pay earned in his or her normal position. Since the
addition of Accreditation Pay (CBA Section 17.11) to the CBA, the City has applied Accreditation Pay to
the employee's base rate of pay that the employee earns in his or her normal position.'These extra pays
are represented in the CBA as percentages, and these percentages have been applied to the base rate of
pay of the official position the employee occupies in accordance with the employee's job description,
regardless of the fact the employee earns additional pay when working out of classification. Thus, if an
employee works a portion of the pay period in his or her normal position as an officer, and portion of
the pay period acting as a sergeant,the extra pay percentages are applied to the employee's hourly base
rate of pay as if the employee worked all hours in his or her regular position as an officer.
On November 11, 2015, the KPOA filed a Step 1 grievance related to the manner in which the City
calculates acting pay for its employees. Due to the fact that the class of grievants could include
employees who would need to make decisions regarding the Step 1 grievance, the City agreed to allow
the KPOA to refile the grievance at Step 3. The Step 3 grievance was denied by the City on February 8,
2016. The KPOA then filed a Step 4 grievance on February 18, 2016. Over the course of two months,
the parties met in an attempt to resolve the matter short of a Step 4 decision.Z
The KPOA asserted that the language of Section 17.4 of the CBA, entitled "Working Out of
Classification," requires the City to apply the extra pays to the higher rate of pay earned when an
employee is working out of classification as opposed to the employee's base rate of pay. The KPOA
asserted that the City was miscalculating employee pay contrary to the CBA, and that the miscalculation
violated the Fair Labor Standards Act and Washington's Minimum Wage Act.
On April 21, 2016,the parties agreed to resolve the matter. The resolution is set forth below.
Resolution
The parties have reached a resolution and therefore enter this Agreement as follows:
1. The City and the KPOA agree that beginning June 1, 2016, when an employee works out of
classification in accordance with Section 17.4, the City will apply the pays set forth in Sections
17.3, 17.5, and 17.11 to the rate of pay the employee earns when working out of classification
1 Premium Pay (CBA Section 17.3), Longevity and Educational Incentive Pay (CBA Section 17.5), and Accreditation Pay (CBA
Section 17.11)are collectively sometimes referred to as"extra pays."
Z Throughout the processing of this grievance, the parties have, from time to time, agreed to suspend the timelines for
processing the grievance.
(i.e. when an officer works out of classification as a sergeant or a sergeant works out of
classification as a commander). To this end, Sections 17.3, 17.4, 17.5, and 17.11 of the CBA are
hereby amended as follows:3
Section 17.3. Premium Pay
A. Premium pay of three and one half percent (3.5%) of base pay per month in addition to
regular pay shall be granted to officers who are assigned to the following units and/or
assignments:
1. Detective;
2. Special Investigations Unit-SIU (formally Pro-Act; NARC)
3. Special Operations Unit-SOU;
4. Traffic;
5. Canine;
6. Valley SWAT;
7. Hostage Negotiator;
8. Neighborhood Response Team(NRT)
9. Recruitment Officer; and
10. Administrative Sergeant.
The base hourly pay the employee receives as a result of working out of classification in
accordance with Section 17.4 will be included in the calculation of premium pay.
B. Premium pay of six percent (6%) of base pay per month in addition to regular pay shall
be granted to employees assigned as field training officers in the patrol division and to
officers assigned full-time to the Criminal Justice Training Commission. The base hourly
Pay the employee receives as a result of working out of classification in accordance with
Section 17.4 will be included in the calculation of premium pay.
C. The officer assigned to the Police Science Instructor is referenced in Appendix"B".
D. It is understood that there will be no pyramiding of premium pay and that an officer can
only receive premium pay for one assignment at a time.
Section 17.4. Working Out of Classification
A. An Officer who is temporarily assigned to perform the duties of a Sergeant Ar'}
emple io h is assigned +.. ....i4eF..., ,duties of a higher paying Rk shall be paid at the
base hourly rate of pay of a Sergeant as expressed in Section 17.1, but only ate-gf—ti
him.k-if the temporary assignment equals or exceeds two consecutive hours.
However, the City will not make temporary assignments to Commander or Assistant
Chief for less than one full shift.
a Language stricken from the CBA is shown by strikethrough,and new language is shown in newly underlined language.
B. Only temporary assignments to the rank of Sergeant and above shall be considered for
"working out of classification" pay.
C. Police administration must make formal acting assignments before provisions of this
section apply, naming person placed in temporary classifications, temporary rank, and
length of time employee will be working out of his regular classification. Appointments
to the rank of acting Sergeant shall be made whenever a regular Sergeant is absent,
provided the shift commander does not assume the Sergeant's responsibilities or
assigns those duties to the overlapping Sergeant.
D. When a Sergeant is assigned to act or given a provisional appointment to Commander or
Assistant Chief he/she shall be paid at the rank of Commander or Assistant Chief. The
Pay required of this subsection shall be the base salary of the Commander position as
expressed in the Assistant Chiefs and Commanders Collective Bargaining Agreement
(currently Section 16.1 of the Assistant Chiefs and Commanders 2016-2018 Collective
Bargaining Agreement) converted to a base hourly rate of pay (annual salary of
Commander divided by 2080). In addition he/she shall retain all benefits, to include
eligibility for overtime, as are provided for in the Police ^ter' Sergeants and
Officers collective bargaining agreement.
Section 17.5. Longevity and Education Incentive Pay
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; provided the base hourly pay the employee receives as a result of
working out of classification in accordance with Section 17.4 will be included in the calculation
of longevity and educational incentive pay.
Subsection 17.5.1 Longevity Pay
Employees who have completed the following years of continuous service as a regular City
employee shall be paid longevity pay in accordance with the schedule below.
Completion of Pay
5 years Two percent(2%)
10 years Three percent(3%)
15 years Four percent(4%)
20 years Six percent(6%)
25 years Seven percent(7%)
30 years Eight percent(8%)
Employees shall receive longevity pay for the highest level of longevity with the City. There shall
be no pyramiding of longevity pay.
Subsection 17.5.2 Educational Incentive
Educational incentive pay shall be awarded to qualified employees who have obtained an
Associate (AA) or Bachelor's (BA) degree in accordance with the schedule below. Employees
who have attained a Master's (MA) or Doctorate (PhD) degree shall be paid at the Bachelor's
(BA) level. Those employees who have attained a "Junior" status at an accredited university or
college will receive the same compensation as an employee with an AA degree. In order to
qualify for the compensation, all of the credits earned must be consolidated with one accredited
university or college. It is the employee's responsibility to provide proof of qualification.
Degree Pa
Associate (AA) One percent(1%)
Bachelor(BA or BS) Three percent(3%)
There shall be no pyramiding of educational incentive pay.
Section 17.11. 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 this Agreement for as long as the Department retains its accreditation. The base
hourly pay the employee receives as a result of working out of classification in accordance with
Section 17.4 will be included in the calculation of accreditation pay.
2. To provide the City with additional incentive to settle this matter, the KPOA agreed that Section
4.6 of the CBA will be amended as follows:
Section 4.6. Kennel Time and K-9 Overtime
A. Kennel Time. Employees assigned as K-9 Officers shall be given a total of fifteen (15)
hours per month (10 hours at 1%2 = 15 hours) for Kennel Time. Kennel Time is defined as
time outside of a normal workweek that a K-9 Officer spends on routine care and
maintenance of their assigned Police Department animal. K-9 Officers can accumulate a
maximum of 90 hours of Kennel Time. Kennel Time is intended for employees to take
their leave on a more current basis. Police Administration will give employees
maximum opportunity to schedule and take their Kennel Time off. Any Kennel Time
accrued above 90 hours will be scheduled off at Police Administration's discretion. For
the purposes of staffing, Police Administration may approve the cash-out of 30 hours of
Kennel Time total in the year. The cash-out of Kennel Time shall be at the base hourly
rate of pay the employee receives plus applicable premium, longevity, education
incentive and accreditation pay. Kennel Time shall not be cashed out at an overtime or
acting pay rate. At the expiration of the contract,the City may discontinue the ability to
cash-out hours. Kennel Time off cannot be used on non-purchased holidays (holiday
leave must be used).
Employees leaving the K-9 program will have twelve (12) months from their separation
from the program to use their kennel time balance. If the balance has not been used by
the end of the twelve (12) months, Police Administration shall mandate how the time is
to be used.
3. The amendments set forth in I above shall amend the CBA as of June 1, 2016, and there shall, be
no retroactive application in the manner in which wages have been calculated. Changes in
accordance with this Agreement shall appear on employee checks issued on June 20, 2016.
4. The amendments set forth in 2 above shall amend the C&& as of the date this Agreement is
executed, and the amendments set forth in2above shall beretroactive.
5. This Agreement fully settles and satisfies all grievances and other claims filed at Step 1, 3 and 4.
6. To the extent the terms of this Agreement conflict with the CBA, the terms of this, Agreement
shall control.
7. Any dispute regarding the interpretation or application of this Agreement shall be handled in
accordance with the grievance procedures set forth in the CBA.
8. This Agreement shall not be interpreted to create a past practice, nor shall it be precedent
setting in terms of how future grievances will be resolved.
9. This agreement shall not be deemed, considered, or interpreted as an admission by the City that
i1 has violated any term of the C8&ora provision oflaw.
10. This Agreement was prepared and reviewed by both parties tothe grievance, and by and with
attorneys representing each party to the grievance. Therefore, in the event of an ambiguity in
any term of this Agreement, it shall be interpreted evenly, and not against the drafter of the
Agreement.
By signing below, those signing declare they are authorized to bind the party for whom they are signing
tV the terms of the Agreement.
FOR THE CITY F(]RTHEKP[)A
Date:
Derek Matheson, l4mC|ay ^r
Chief Administrative Officer KPDAPnasident
Date:
L Via I a"n i J e n se'
Labor Manager KPOAVice'President
Approved ask>form: Approved astoform:
Date: 4, Date
Deputy City Attorney KPOA41turmey