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Home My WebLink AboutHR17-045 - Other - AFSCME - MOU: PD Internal Investigative Standards - 01/18/2018 KENT „/,, ��' �/ Document wa= , 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 253-556-5725. Vendor Name: AFSCME (Washington State Council of County and City Employees) Vendor Number: JD Edwards Number Contract Number: HR 18-016 This is assigned by City Clerk's Office Project Name: PD Internal Investigative Standards Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Memorandum of Understanding Contract Effective Date: 1/18/18 Termination Date: 12/31/19 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Leialani Jensen Department: HR Contract Amount: Approval Authority: ❑ Director ❑ Mayor ® City Council 1/17 Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): Memorandum of Understanding with AFSCME Union regarding reinstatement of language in Appendix B of collective bargaining agreementthat pertains to employee rights in the Kent Police Department. MEMORANDUM OF UNDERSTANDING By and between the CITY OF KENT And WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME, AFL-CIO, LOCAL 2617 Regarding Police Department Internal Investigative Standards This Memorandum of Agreement (MOA) is entered into between the City of Kent ("City") and the Washington State Council of County and City Employees, AFSCME, AFL-CIO, Local #2617 (Union) to reinstate the previous contract 2014-2016 Appendix B language regarding Police Department hrternal Investigative Standards. Background The City and the Union are parties to a collective bargaining agreement ("CBA") effective January 1, 2017, through December 31, 2019. During contract negotiations for the current CBA, the Appendix B-Police Department Internal Investigative Standards was changed to direct bargaining unit members to review the internal Police Department policies for matters that concerned employee rights. Previously, the Appendix B section detailed the entitled protections for Union members that were subject to an investigation. The City and the Union agree that the internal Police Department policies do not detail the protections for Union members subject to investigations, and agree to reinstate the former language listed in Appendix B in conjunction with current contract language regarding Police Departmental Internal Investigative Standards. The following is intended to replace Appendix B-Police Department Internal Investigative Standards in the CBA PP D - —PQLICE DEPARTMENT INTERNAL INVESTIGATIVE STANDARDS 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. SCglion1 - Ern I Riclhtfi In an effort to ensure that internal investigations, 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, employees of the Police Department shall be entitled to the processes and provisions as outlined in Chapter 14 of the Kent Police Department policies (updated as of December 2016) in addition to the following protection: A. Any employee who is the subject of an investigation shall be informed, in writing, at least twenty four (24) hours before any interview of the following: 1. That the employee is considered a subject of the internal investigation; 2. The nature of the allegation, including a summary of the allegation, as well as the date and location that the alleged conduct 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 disclosure of the identity of the complainant or the victim would jeopardize the safety of the complainant or victim, the identity of the complainant or victim may be withheld; 5. The employee's right to have a Union representative present during the interview as well as an opportunity and facilities to contact and consult with his or her Union representative; 6. The name of the officer(s) or City employees in charge of the investigation and the name of the officer or employee who will conduct the interview. If the person conducting the investigation or interview is not a City employee, then the name of the person who will conduct the interview and his or her place of employment will be provided. B, Employees placed on paid administrative leave pending an investigation may be placed on Day shift to be available for interviews during normal City business hours. C. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the City. Interviews shall be completed 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. D. At the cost of the requesting party and in accordance with Chapter 9.73 RCW, the employee or City may request that an investigative interview be recorded, either mechanically or by a stenographer. There can 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. 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 MEMORANDUM OF UNDERSTANDING By and between the CITY OF KENT And WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME, AFL-CIO, LOCAL 2617 Regarding Police Department Internal Investigative Standards or her for not taking this examination. This provision shall not apply to the initial application process for employment. F, Employees retain all of their constitutional rights. During an investigation in which an employee has been advised of his or her Garrity rights, 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 against that employee 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. The Union recognizes the Administration's effort to improve procedures involving complaints against its members. Upon request of either the Union or Police Administration, an annual review meeting of the procedures will be held to ensure they are accomplishing their goals. Section 2, - Psyghologiggi EvallAilligLys 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. 1. In the least intrusive manner as possible, and 2, In a manner as to protect the employee's right to privacy. A. uv ndltlonu I�Ind or UIF Ir�h E gli iatinnc Will Ta Ln Plarn 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 Union. (In the event the City and the Union do not reach agreement on an appropriate list, the City may select a doctor of its choosing.) 2. Any relevant medical history of the employee which the examining doctor requests shall be released by the employee to the examining doctor. 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, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification. The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee. Modified work conditions may include light duty assignments. C. Definition As used in this section, "doctor" refers to a psychologist or psychiatrist. All other language of the CBA shall remain in full force an effect, and shall not be altered by this MCA. This MOA was prepared and/or reviewed by both parties. In the event of an ambiguity in any term of this MOA, it shall be interpreted evenly, and not against the drafter of the MOA. The principle of contra proferentem shall not apply. By signature below, the parties agree that the above represents the parties' full and entire agreement with respect to the subject matter of this MOA. Dated this + of January 2018, FOR THE CITY: FOR TIT JhVION: CITY OF KENT 1 / AFSCM „ LOCA,L 2617 BY BY: Dana Ralph, _a Watson, Mayor Staff Representative MEMORANDUM OF UNDERSTANDING By and between the CITY OF KENT And WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME,AFL-CIO, LOCAL 2617 Regarding Police Department Internal Investigative Standards B . � BY: M rty I•isher, Sara Woo Director Local#2617 'resident Lc lani JCns6, Labor Rclations" 1%Ianager Approved try -V B // '... 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