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Home My WebLink AboutHR17-045 - Other - AFSCME - MOU: Limited Term Position in ECD - 03/13/2018 KEN Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission tothe City Cleric®s Tice. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. F-1 Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: AFSCME Local 2617 Vendor Number (]DE): Contract Number (City Clerk): Category: Contract Aqreement -------- .......................................... .............................. Sub-Category (if applicable): a cac an tern, Project Name: MOO - Limited Term Positions in ECD ............ ........ ................ Contract Execution Date: 3/13/2018 Termination Date- Indef. Contract Manager: L. Jensen Department: HR --------------- Contract Amount: Approval Authority: El Director El Mayor X City Council Other Details: ........................................ ........................... ..........-............................ ................................................................ 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 LIMITED-TERM POSITIONS IN ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT 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 three (3) approved 1.0 FTE limited-term positions (#10959, #10960, #10961) assigned to the Economic and Community Development Department ("Department"). The City and the Union are parties to a collective bargaining agreement, effective January 1, 2017 - December 31, 2019 (hereinafter "CBA"), which provides in Section 1.4 that limited-term positions are those that are grant funded or project based and do not exceed three years in duration. A limited term position is considered a regular position that is entitled to recognition by the bargaining unit and all aspects of the CBA. Once created, the CBA requires that limited-term positions be filled under the provisions of Section 3.7 of the CBA, and that the recruitment clearly state the expected duration of the position. The City Council has approved three (3) limited term positions, each to be filled as a 1.0 FTE, to assist with the backlog the Department is currently experiencing in plan review and permit inspections. In addition, an additional Plans Examiner, a regular 1.0 FTE position, was awarded to the Department through the budget and the City is currently recruiting for that position. The City and the Union have agreed that the following provisions will apply to these three new limited-term positions (#10959, #10960, #10961) throughout the duration of their term: 1. Each limited-term position is currently expected to last for the entire three (3) year term, unless an extension is mutually agreed upon by the parties in accordance with Section 1.4 of the CBA. Currently, the limited-term positions are expected to end on or before April 1, 2021. 2. The limited-term positions will be established as one (1) Combo Building Inspector, with a salary range of AF35, and two (2) Plans Examiners, with a salary range of AF37. 3. Any new FTE position that Council may award to the Department after incumbents are placed in their limited term positions will be filled in accordance with Section 3.7 of the CBA. The incumbents in the limited term positions shall have the same opportunity to apply for the new FTE position as any other Union member. If, however, the new FTE position converts the limited term positions into a regular FTE position the incumbent employee shall have the first right of refusal for the position in accordance with Section 1,4 of the CBA. 4. To the extent the terms of this MOU conflict with the CBA, the terms of this MOU shall control. 5. Any dispute regarding the interpretation or application of this MOU shall be handled in accordance with the grievance procedures set forth in the CBA. 6. This MOU shall not be interpreted to create a past practice, nor shall it be precedent setting in terms of how future similar issues will be resolved. 7. This MOU was prepared and/or reviewed by both parties. In the event of an ambiguity in any term of this MOU, it shall be interpreted evenly, and not against the drafter of the MOU. The principle of contra proferentem shall not apply. By signing below, the parties agree that the above represents the parties' full and entire agreement with respect to the subject matter of this MOU. Signed this day of March, 2018. FOR THE CITY: FOR AF E: Dana Ralph t7 Date Sara o d Date Mayor AES resident Ceia' lani Jens Date Mark Watson Date 'J Labor Relations Manager Staff Representative, AFSCME MOU- KENT AND AFSCME ECD LIMITED TERM POSITIONS PAGE 2 OF 2 1II I ' ulul� Ills UIIII U lulU�u MRul u �I UIUIN �� IOIUI IUIU� U�IV IVIIUVVIIVIIVI V�WIU Noon ��IVI 11I � ��U:, A 10101 II bl � IpIIM I II IONQ lu VIUUII�ov � I�� uui uw um � � � �I III�IIV INNn u� f� UI IIII �I Ua I � III MINI SIN 'UIVdu � I � luul uum � u NII NIA lu U II I II Iti yipp ;^ �, In II�u ��lo IIIIII� I��I m o oum II I�MI � I I IIII il �� W I IIII uw IIII" NI N UUIU a nnulo � '� � . 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