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Home My WebLink AboutHR17-045 - Other - AFSCME - MOU: Specialty Instruction at KSD - 04/11/2017 I'//// Records e� a rn �'��% ENTDocument i% o0%f / //{j // CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: AFSCME Local #2617 Vendor Number: JD Edwards Number Contract Number: HR17-045-003 This is assigned by City Clerk's Office Project Name: MOU - Specialty Instruction at KSD Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Memorandum of Understanding 11131 ) I aj Contract Effective Date: 1/112017 Termination Date: 4nda Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: L. Jensen Department: HR Contract Amount: $0 Approval Authority: ❑ Director ❑ Mayor ® City Council 1/1/2017 Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): Specialty Instruction at Kent School District MEMORANDUM OF UNDERSTANDING i by and between the CITY OF KENT and WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, AFSCME, AFL-CIO, LOCAL #2617 Regarding SPECIALTY INSTRUCTION AT KENT SCHOOL DISTRICT This Memorandum of Understanding (MOU) is entered into by and between the City of Kent ("City") and the Washington State Council of County and City Employees, AFSCME, AFL-CIO, Local #2617 ("Union") to memorialize an agreement reached between the City and the Union regarding Class Instruction work performed by Union personnel within the Kent Police Department ("the Department") for the Kent School District. This MOU shall supplement and become part of the current 2017-2019 AFSCME collective bargaining agreement ("CBA"). All wages, hours, and working conditions not specified herein will be governed by current policies, procedures, and practices and the current CBA, as may have been amended by previous Memoranda of Understanding. Where this MOU conflicts with the current CBA or City or Department policies, procedures, and practices, regarding class instruction work performed by Union personnel in the Department for Kent Meridian School District, this MOU will control. Section 1. Purge. This MOU is specifically intended to address class instruction work Union personnel in the Department may choose to perform for the Kent School District, which is fully funded and paid by the Kent School District on a reimbursement basis to the City. This class instruction is intended to be voluntary work chosen by Union personnel in the Department, except to the limited extent this class instruction work impacts the City and the Department as provided for in this MOU. Section 2. Definition. A. "Rate of Pay" is defined as the hourly charge for class instruction work performed by Union personnel in the Department, and funded by the Kent School District. B. "Class instruction work" is defined as work performed by Union personnel in the Department for the Kent School District, which is fully planned, organized, funded, and paid by that third party. MOU - KFNT and AFSCME Specialty Instruction at Kent School District Page 1 of 3 C. "Union personnel" is defined as those staff members who are employees of the City, work in the Kent Police Department, including its Corrections Facility, and are members of the Union. It excludes those Department employees who are non-represented or who are members of the Kent Police Officers Association. D. "Chief' is defined as the Police Chief of the Kent Police Department, or the Chief's designee. Section 3. gligi S 'i Upon supervisory approval, Union personnel may perform class instruction work for the Kent School District in accordance with the provisions of this MOU and only to the extent the class instruction work does not interfere with their duties or work performance for the City and the Department. Union personnel are ineligible to perform this class instruction work if they are working under a performance improvement plan; absent from the Department and their regular work schedule due to illness, disability, or discipline; if they are out on administrative leave; or if a supervisor determines such instruction work will adversely affect the staffing or work of the Department. Section 4. Work Authorization anxd Raite of Pay. At the discretion and need of the Kent School District, eligible Union personnel may perform class instruction work for the Kent School District. All matters concerning wages, hours, and working conditions for class instruction work are matters set by the Kent School District's Instruction Program. The current rate of pay set by the Kent School District for Union personnel performing class instruction work is sixty dollars ($60.00) an hour, regardless of the employees' current base pay at the City. Union personnel are compensated for both their presentation time in class and their advance preparation time. Class instruction work will be scheduled during the regular assigned shift of participating Union personnel, though reasonable schedule or shift adjustments may be possible with prior supervisory approval. Unless explicitly approved in advance by the Chief, in no event shall class instruction work be performed on an overtime basis. Occasionally, and only with advance supervisory approval, class instruction work may result in City work being performed on an overtime basis. It is intended that hours worked for class instruction will be applied first to an employee's normal 40-hour work week, with any additional overtime being compensated as provided for within the CBA. If an employee performs class instruction work on a day off, the parties intend that such work will be performed at the Rate of Pay and not as "call back" pay under the CBA. Participating Union personnel shall work closely with Department timekeepers and supervisors concerning the time Union personnel dedicate to class instruction work. Participating Union personnel shall account for and properly code all class MOU - KENT and AFSCME Specialty Instruction at Kent School District Page 2 of 3 instruction work hours on their timesheets. The City will pay Union personnel, on the City's regular pay dates, the Rate of Pay applicable for all class instruction work entered and properly coded on Union personnel's timesheets. The City will then bill the Kent School District monthly for all reimbursement due the City for those hours worked by Union personnel in providing class instruction. The policies of the City and the Department governing the conduct of Union personnel during the performance of this class instruction work apply to the same extent that they apply while Union personnel is on duty and working on City property. Class instruction work is not guaranteed, in either its availability or in a proscribed amount of hours. It is conditioned solely upon the Kent School District's stated need. Further, this MOU will become null and void either at such time that the Kent School District advises it no longer requires class instruction work from Union personnel, or the City and the Kent School District agree to discontinue their relationship with respect to class instruction work. Any minimum qualifications required to participate in class instruction work is a matter set by the Kent School District. Voluntary requests to perform class instruction work is a matter between Union personnel and the Chief. Section S. Work Restrictions. A. As provided under Section 1 of this MOU, no Union personnel in the Department may volunteer to perform class instruction work while they are working under a performance improvement plan; are absent from the Department and their regular work schedule due to illness, disability, or discipline; while on administrative leave; or if a supervisor determines such instruction work will adversely affect the staffing or work of the Department. Any eligibility exception will be made by the Chief, at the Chief's discretion, on a non-precedent setting, case-by-case basis. B, In an effort to ensure class instruction work does not interfere with Union personnel's duties or work performance for the City and the Department, all Union personnel in the Department must abide by the 17 consecutive work hour and 8 consecutive rest hour rules provided for in Section 4.1 Hours of Work of the parties' CBA, which shall include all hours worked for the City and all class instruction work performed for the Kent School District. C. Should the City require Union personnel in the Department to work mandatory overtime or mandatory standby in accordance with the provisions provided for in Article 5 of the CBA, and such Union personnel shall have previously arranged to perform class instruction work, the City's overtime or standby needs take priority and affected Union personnel must cancel or reschedule their class instruction work. However, prior to exercising this provision, the Department will make reasonable efforts to solicit volunteers for its mandatory overtime or standby work. MOU - KENT and AFSCME Specialty Instruction at Kent School District Page 3 of 3 D. The City retains the right to restrict Union personnel in the Department from performing class instruction work with cause (e.g., disciplinary action, performance issues/concerns, paid administrative leave, etc.), or in the event the class instruction work interferes with the ability of the City or the Department in effectively and efficiently carrying out its services and work. By signature below, the parties agree that the above represents the parties' full and entire agreement with regard to class instruction work performed by Union personnel in the Department. AGREED AND SIGNED this day of April, 2017 FOR THE CITY: m O TH U%N�ION„ Suze C oCe, Mayor ark Watson Staff Representative ejalani Jense bor Relations Manager Sara Wo oval #2617 President MOU - KENT and AFSCME Specialty Instruction at Kent School District Page 4 of 3 eW oa nuaE /� y��. �� 1�9� o6n YO Ap�11pP HI1� Mu p ar l6tl l � ¢01] IIIIII l I �'u duo Y1uY p, IIIIIIII� rmn. . I �6��IIIIIIIIIIIIIIIIIIIIIIIII ^�pyy�� ..�sw� .�nxgnevm�A!AMnIM1M mMm.. Iluuu �luuupuuwliiu,_��C��$_uuuuuuuuuuw�muiuuw ullllll uuwi �& i uuuuu�l�f7 �= sr � eu �, ��,�1 n pV ✓ p ' (wm'� �' � IIIIIIII �i . i . uuuur