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HomeMy WebLinkAboutHR18-101 - Supplement - Kent Police Officers Association - MOA re: Off Duty Supplemental Overtime Rate of Pay - 03/12/2018 1_17�,K E N TRecords Management Document 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 Cleric's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: Kent Police Officers Association (KPOA) Vendor Number (]DE): Contract Number (City Clerk): ................. Category: Contract Aqreement Sub-Category (if applicable): ChOOSQ aA +terri, Project Name: .MOU.-_Off-DutT5uppl_emental .0yertime-Ra.te-of_Pa_Y___, Contract Execution Date: 3/12/2018 Termination Date: Indef. Contract Manager: L. Jensen Department: HR Contract Amount: Approval Authority: [:1 Director [:] Mayor Z City Council Other Details: ------------ ................... ......... ................. ..................... ...................................................................................................... f�EfFIF.® MAR 0 6 2018 MEMORANDUM OF AGREEMENT H,;uigt Resources By And Between The city of Kent CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS and POLICE ASSISTANT CHIEFS AND COMMANDERS Regarding Off-Duty Supplemental Overtime Rate of Pay This Memorandum of Agreement ("MOA") is entered into by and between the City of Kent ("the City") and the Kent Police Officers Association ("KPOA"), representing the Police Sergeants and Officers' bargaining unit and the Police Assistant Chiefs and Commanders' bargaining unit (also collectively referred to herein as "'KPOA"), regarding an increase in the rate of pay charged for off-duty supplemental overtime. This MOA amends Appendix A to the Collective Bargaining Agreement between the City and the Sergeants and Officers' bargaining unit within KPOA; and Appendix A to the Collective Bargaining Agreement between the City and the Assistant Chiefs and Commanders bargaining unit within KPOA; both of which, for convenience, are collectively referenced herein as "CBA". Section 8 of Appendix A, entitled "Compensation," is amended to increase the hourly rate of pay charged to third-parties and paid to officers as follows: Section S. Comaensation A. Supplemental overtime worked shall only be paid and shall not be eligible for compensatory time accrual. B. The minimum number of hours for each supplemental overtime shift/assignment shall be four (4). C. Compensation for supplemental overtime shall be paid at the rate specified in Subsection 8.C.(1), regardless of the commissioned officer's rank. Such supplemental overtime is worked for and paid by an independent third party, and is, therefore, exempt from Fair Labor Standards Act (FLSA) and Minimum Wage Act (MWA) overtime calculations. Supplemental overtime hours and pay shall not be included in the calculation of City overtime obligations. 1. Rate of 2ay MOA Regarding Off-Duty Supplemental Overtime Rate of Pay Page 1 of 4 a. The rate of pay shall be sixty-five dollars ($65) per hour. b. The rate of pay on a City observed holiday, as defined in Section 7.1 of the CBA shall be ninety-seven dollars and fifty cents ($97.50) per hour; except for those officers who work Thanksgiving Day or Christmas, whose rate of pay shall be one hundred and thirty dollars ($130) per hour for all hours worked. 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- five dollars ($65) per hour for the first ten (10) hours, and ninety- seven dollars and fifty cents ($97.50) per hour after ten (10) hours. However, if the officer signs up for more than one (1) consecutive supplemental overtime shift, the officer will be paid at the rate of sixty-five dollars ($65) per hour for all scheduled hours the officer signed up for. If the officer is held over during a supplemental overtime shift and the supplemental shift is ten (10) hours or longer, the officer shall be paid at ninety-seven dollars and fifty cents ($97.50) per hour for all hours worked in excess of the scheduled supplemental overtime shift beyond ten (10) consecutive hours. ➢ Example 1: If the officer is scheduled for eight (8) hours of supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid sixty-five dollars ($65) 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) hours of supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid sixty-five dollars ($65) per hour for the first ten (10) hours and ninety-seven dollars and fifty cents ($97.50) per hour for the last two (2) hours. ➢ Example 3: If the officer signs up for twelve (12) hours of supplemental overtime, with the understanding that ten (10) hours will be at the straight time and two (2) hours will be at the overtime rate, the officer shall be paid sixty-five dollars ($65) per hour for the first ten (10) hours and ninety-seven dollars and fifty cents ($97.50) per hour for the last two (2) hours. ➢ Example 4: If the officer is scheduled for twelve (12) hours of supplemental overtime, with the understanding that ten (10) hours will be at the straight time and two (2) hours will be at the time and a half rate, and then is held over for two (2) additional hours, the officer shall be paid sixty-five dollars ($65) MOA Regarding Off-Duty Supplemental Overtime Rate of Pay Page 2 of 4 per hour for the first ten (10) hours and ninety-seven dollars and fifty cents ($97.50�) per hour for the last four (4) hours. Example 5: If the officer signs up for a ten (10) hour supplemental overtime shift and splits a second ten (10) hour shift with a co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, the officer shall be paid sixty-five dollars ($65) 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 overtime 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- five dollars ($65) per hour for the first fifteen (15) hours and ninety-seven dollars and fifty cents ($97.50) per hour for the last hour. d. If a supervisor is required and authorized by the Chief for a supplemental overtime assign ment/event, the rate of pay for a commissioned officer working as the designated supervisor shall be ninety dollars ($90) per hour. The supervisor's rate, of pay shall be one hundred thirty dollars ($130) per hour for all hours worked on an observed holiday, for hours scheduled at one and one-half times (1 1/2) the hourly rate, and for hold-overs beyond ten (10) hours as defined in paragraphs b. and c. above. This MCA shall be deemed executed and effective as of this day of March, 2018. FOR THE, CITY: FOR KPOA: si Dana Ralph Date K `Clay ate Mayor KPOA President V Ma 4 his r D e Matt Kilner date Human R ources Director KPOA Vice President MOA Regarding Off-Duty Supplemental Overtime Rate of Pay Page 3 of 4 Leialani Je en [date Labor Relations 'Manager APB f91JE� AS TO FORM /I/d T hite [late e u y City Attorney MO.4 Regarding Off--Duty Supplemental Overtime Rate of Pay Page 4 of 4 u I uu ��VIV�II�INou� Vul UI" "�N,', ICI ��� N � NIIIryIIIIPm v pp MINI, IVu pI mu �w � �I II UVVI� � �VIII��VI IIIVI � �VI. IIII II IIIIII IIL ��NVN IIIIIIIVVI II IVII ITV V I. 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