HomeMy WebLinkAboutCAG2019-103 - Original - Kent Police Officers Association (KPOA) - 2019-2021 Police Sergeants & Officers Labor Agreement - 01/01/2019 1
KENT Records 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 Clerk's Office at 253-856-5725.
Vendor Name: Kent Police Officers Assoc. - Officers and Sergeants
Vendor Number (]DE):
Contract Number (City Clerk): (Ph Iq-103
Category: _Labor Agreement
Sub-Category (if applicable):
Project Name: 2019-2021 Labor Agreement
1/1/2019 12/31/2021
Contract Execution Date: Termination Date:
B. Ashbaugh Human Resources
Contract Manager: Department:
Contract Amount:
Budgeted: Grant?
Part of NEW Budget: Local: ❑ State: Federal: ❑
Related to a New Position: ❑ Notice required prior to public disclosure?
Basis for Selection of Contractor? Other
Approval Authority: ❑ Director ❑ Mayor ❑✓ City Council
Other Details: 1/15/2019-Council Approval
CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE SERGEANTS AND OFFICERS
2019-2021 LABOR AGREEMENT
TABLE OF CONTENTS
Page No.
TABLE OF CONTENTS......................................................................... I
PAGENO. .......................................................................................... I
PREAMBLE......................................................................................... 1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT......................... 1
SECTION 1.1. RECOGNITION OF THE ASSOCIATION .......................................... 1
SECTION 1.2. REPRESENTATION DURING NEGOTIATIONS................................... 1
SECTION 1.3. BULLETIN BOARD SPACE ....................................................... 1
SECTION 1.4. ASSOCIATION OFFICIALS' RELEASE TIME .................................... 1
SECTION 1.5. PROBATIONERS .................................................................. 3
Subsection 1.5.1 New Hires. .......................................................... 3
Subsection 1.5.2Transferred or Promoted Employees. ......................... 3
Subsection 1.5.3 Probation Extension............................................... 4
Subsection 1.5.4 Light Duty Probation Extension for New Hires ........... 4
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION.....4
SECTION 2.1. ELIGIBILITY....................................................................... 4
SECTION 2.2. ASSOCIATION MEMBERSHIP.................................................... 4
SECTION 2.3. DUES DEDUCTION ............................................................... 5
ARTICLE 3 - EMPLOYMENT PRACTICES..............................................5
RANK SHALL BE SYNONYMOUS WITH JOB CLASSIFICATION FOR PURPOSES OF THIS
ARTICLE. ........................................................................................... 5
SECTION 3.1. SENIORITY DEFINITION ......................................................... 5
SECTION 3.2. PERSONNEL REDUCTION ........................................................ 6
SECTION 3.3. SEVERANCE PAY NOTICE ....................................................... 7
SECTION 3.4. ESTABLISHMENT OF REINSTATEMENT REGISTERS ........................... 7
SECTION 3.5. EMPLOYEE STATUS WHEN REINSTATED....................................... 7
SECTION 3.6. EEO/NONDISCRIMINATION ................................................... 8
SECTION 3.7. PERSONNEL FILES ............................................................... 8
SECTION 3.8. TRANSPARENCY OF PROMOTIONAL SELECTIONS ............................. 9
ARTICLE 4 - HOURS OF WORK AND OVERTIME..................................9
SECTION 4.1. HOURS OF WORK................................................................ 9
SECTION4.2. OVERTIME ...................................................................... 10
SECTION 4.3. CALL BACK AND MINIMUM OVERTIME....................................... 11
SECTION 4.4. OVERTIME PAY FOR COURT APPEARANCES ................................. 11
SECTION 4.5. COMPENSATORY TIME......................................................... 14
SECTION 4.6. KENNEL TIME AND K-9 OVERTIME .......................................... 15
SECTION 4.7. STANDBY FOR DUTY........................................................... 15
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Subsection 4.7.1 Standby for Duty (for non-Detectives) ................... 15
Subsection 4.7.2 Standby for Duty (for Detectives).......................... 16
SECTION 4.8. SHIFT BIDDING ................................................................ 17
Subsection 4.8.1 Shift Assignments ............................................... 17
Subsection 4.8.2 Shift Bidding Process ........................................... 18
Subsection 4.8.3 Shift Bidding Dates.............................................. 19
Subsection 4.8.4 Days Off Rotation................................................ 19
SECTION 4.9. DAYLIGHT SAVINGS TIME .................................................... 19
SECTION 4.10. REST PERIODS ............................................................... 19
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
.......................................................................................................20
SECTION 5.1. NOTIFICATION OF WORK RULE CHANGES ................................. 20
SECTION 5.2. MODIFIED WORK SCHEDULE ................................................. 20
ARTICLE 6 - SICK LEAVE .................................................................20
SECTION 6.1. SICK LEAVE BENEFITS ........................................................ 20
SECTION 6.2. SICK LEAVE ACCRUAL......................................................... 21
A. LEOFF II Employees............................................................... 21
B. Recruitment Incentive............................................................ 21
SECTION 6.3. LEOFF II SICK LEAVE USAGE ............................................... 21
SECTION 6.4. LEOFF II EMPLOYEES - ON-DUTY INJURY LEAVE PROVISION........... 21
SECTION 6.5. PAID FAMILY AND MEDICAL LEAVE PROGRAM ............................... 23
SECTION 6.6. SICK LEAVE INCENTIVE/BUY-OUT PROGRAM ............................. 23
SECTION 6.7. LIGHT DUTY.................................................................... 24
ARTICLE 7 - HOLIDAYS ...................................................................25
SECTION 7.1. HOLIDAYS OBSERVED......................................................... 25
SECTION 7.2. HOLIDAY COMPENSATION..................................................... 25
ARTICLE 8 - EDUCATION ALLOWANCE.............................................29
SECTION 8.1. TRAINING AND EDUCATION REIMBURSEMENT POLICY..................... 29
SECTION 8.2. TRAINING AND EDUCATION APPROVAL PROCESS .......................... 30
SECTION 8.3. CLASS ATTENDANCE .......................................................... 30
SECTION 8.4. REIMBURSEMENT PROCEDURES .............................................. 30
ARTICLE 9 - ANNUAL LEAVE ............................................................31
SECTION 9.1. ANNUAL LEAVE ACCRUAL ..................................................... 31
SECTION 9.2. SCHEDULING ANNUAL LEAVE................................................. 32
SECTION 9.3. VACATION PRIORITY .......................................................... 32
SECTION 9.4. MAXIMUM ACCRUAL ........................................................... 33
ARTICLE 10 - PENSIONS .................................................................33
ARTICLE 11 - BEREAVEMENT...........................................................33
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ARTICLE 12 - MANAGEMENT RIGHTS...............................................33
SECTION 12.1. GENERAL MANAGEMENT RIGHTS........................................... 33
SECTION 12.2. VOLUNTEERS AND TEMPORARY EMPLOYEES............................... 34
ARTICLE 13 - PERFORMANCE OF DUTY............................................35
SECTION 13.1. NON-STRIKE PROVISIONS.................................................. 35
SECTION 13.2. PERFORMANCE OF DUTY..................................................... 35
ARTICLE 14 - CONFERENCE BOARD/COMMUNICATIONS .................35
SECTION 14.1. CONFERENCE BOARD ........................................................ 35
SECTION 14.2. COMMUNICATIONS WITH THE CHIEF ADMINISTRATIVE OFFICER ....... 36
ARTICLE 15 - GRIEVANCE PROCEDURE ...........................................36
SECTION 15.1. GRIEVANCE DEFINITION ................................................... 36
SECTION 15.2. REPRESENTATION DURING GRIEVANCES.................................. 37
SECTION 15.3. EXCEPTIONS TO TIME LIMITS............................................... 37
SECTION 15.4. CLASS ACTION ............................................................... 37
SECTION 15.5. STEPS AND TIME LIMITS .................................................... 37
SECTION 15.6. ARBITRATORS AUTHORITY ................................................. 39
SECTION 15.7. ELECTION OF REMEDIES .................................................... 39
SECTION 15.8. RETROACTIVITY .............................................................. 39
ARTICLE 16 - POLICE OFFICERS' BILL OF RIGHTS...........................40
SECTION 16.1. BILL OF RIGHTS.............................................................. 40
SECTION 16.2. PSYCHOLOGICAL EVALUATIONS ........................................... 42
ARTICLE 17 - COMPENSATION ........................................................43
SECTION 17.1. SALARIES ..................................................................... 43
SECTION 17.2. SALARY PLAN................................................................. 44
SECTION 17.3. PREMIUM PAY ................................................................ 44
SECTION 17.4. WORKING OUT OF CLASSIFICATION ....................................... 45
SECTION 17.5. LONGEVITY AND EDUCATION INCENTIVE PAY............................. 46
Subsection 17.5.1 Longevity Pay ................................................... 46
Subsection 17.5.2 Educational Incentive......................................... 46
SECTION 17.6. EFFECTIVE DATE OF COMPENSATION INCREASES ........................ 46
SECTION 17.7. CLOTHING AND EQUIPMENT ................................................ 47
SECTION 17.8. COMPENSATION FOR TRAINING ............................................ 48
SECTION 17.9. TIMELY COMPENSATION ..................................................... 48
Subsection 17.9.1. Current Payroll.................................................. 48
Subsection 17.9.2 Potential Payroll Change..................................... 48
SECTION 17.10. DEFERRED COMPENSATION ............................................... 49
SECTION 17.11. ACCREDITATION PAY ...................................................... 49
SECTION 17.12. BILINGUAL PAY............................................................. 49
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SECTION 17.13. INSTRUCTOR PAY........................................................... 50
SECTION 17.14. PHYSICAL FITNESS......................................................... 50
Section 17.15. Recruiting ncentives.....................................................................51
ARTICLE 18 - INSURANCE COVERAGE .............................................SO
SECTION 18.1. HEALTH CARE INSURANCE .................................................. 52
Subsection 18.1.1. Plans Offered................................................... 52
Subsection 18.1.2. Employee Coverage... ............................... 53
Subsection 18.1.3. Dependent Coverage ........................................ 53
Subsection 18.1.4. HSA Funding.................................................... 53
Subsection 18.1.5. Retiree Medical Savings Plan.............................. 55
Subsection 18.1.6. LEOFF I Health Care
Coverage.................................................56
Subsection 18.1.7 Line of Duty Death
Benefits........................................................56
SECTION 18.2. LIFE INSURANCE ............................................................. 55
SECTION 18.3. FORMS HANDLING ........................................................... 56
SECTION 18.4. HEALTH CARE COMMITTEE.................................................. 56
SECTION 18.5. HEPATITIS B VACCINATION PROGRAM ................................... 56
SECTION 18.6. LONG TERM DISABILITY INSURANCE ..................................... 56
ARTICLE 19 - MILITARY LEAVE .......................................................56
ARTICLE 20 - TOBACCO FREE WORK PLACE.....................................56
ARTICLE 21 - SUBSTANCE ABUSE TESTING .....................................57
SECTION21.1. POLICY ........................................................................ 57
SECTION 21.2. INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING........ 57
SECTION 21.3. EMPLOYEE TESTING.......................................................... 58
SECTION 21.4. SAMPLE COLLECTION ........................................................ 58
SECTION 21.5. DRUG TESTING............................................................... 59
SECTION 21.6. ALCOHOL TESTING........................................................... 60
SECTION 21.7. MEDICAL REVIEW PHYSICIAN .............................................. 60
SECTION 21.8. LABORATORY RESULTS ...................................................... 60
SECTION 21.9. TESTING PROGRAM COSTS ................................................. 61
SECTION 21.10. REHABILITATION PROGRAM ............................................... 61
SECTION 21.11. DUTY ASSIGNMENT AFTER TREATMENT ................................. 61
SECTION 21.12. RIGHT OF APPEAL .......................................................... 61
SECTION 21.13. ASSOCIATION HELD HARMLESS .......................................... 61
SECTION 21.14. CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM .... 63
ARTICLE 22 - SAVINGS CLAUSE.......................................................64
ARTICLE 23 - ENTIRE AGREEMENT ..................................................64
ARTICLE 24 - TERM OF AGREEMENT ................................................65
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APPENDIX "'A" - OFF-DUTY SUPPLEMENTAL OVERTIME PAY ...........66
SECTION 1. PURPOSE .......................................................................... 66
SECTION 2. DEFINITION ...................................................................... 66
SECTION 3. ELIGIBILITY ....................................................................... 66
SECTION 4. WORK RULES ..................................................................... 66
SECTION 5. REQUIRED PAPERWORK.......................................................... 67
SECTION 6. WORK RESTRICTIONS............................................................ 67
SECTION 7. OVERTIME SIGN-UP, ASSIGNMENT AND MANDATING ........................ 67
SECTION 8. COMPENSATION................................................................... 69
SECTION 9. CANCELLATION OF SUPPLEMENTAL OVERTIME ................................ 70
SECTION 10. PAYROLL, PAYROLL DEDUCTIONS AND RECORD KEEPING.................. 71
SECTION 11. WORK PERFORMED BY NON-BARGAINING UNIT MEMBERS ................ 71
APPENDIX "B" - POLICE SCIENCE INSTRUCTION ............................ 73
SECTION1. PURPOSE .......................................................................... 73
SECTION 2. ELIGIBILITY ....................................................................... 73
SECTION 3. OVERTIME SIGN-UP, ASSIGNMENT AND MANDATING......................... 73
SECTION 4. COMPENSATION................................................................... 73
SECTION 5. CANCELLATION OF SUPPLEMENTAL OVERTIME ................................ 74
APPENDIX "C" — SUPERVISING VOLUNTEERS IN POLICE SERVICE .74
Section1. Purpose ......................................................................................74
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PREAMBLE
This agreement herein contains the entire agreement between the Kent Police
Officers Association (hereinafter known as the Association) and the City of Kent,
Washington (hereinafter known as the City). The purpose of the City and Association
in entering into this agreement is to set forth their complete agreement with regard
to wages, hours and working conditions for the employees in the bargaining unit so
as to promote the efficiency of law enforcement; public safety; the morale and
security of employees covered by this agreement; and harmonious relations, giving
recognition to the rights and responsibilities of the City, the Association and the
employees.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1. Recognition of the Association
The City recognizes the Association as the exclusive bargaining representative for all
non-supervisory commissioned Police Officers and Sergeants of the Kent Police
Department excluding supervisors, confidential employees and all other employees
of the employer. Additionally, the City recognizes the Association as the exclusive
bargaining representative for the Training Officer duties currently being performed
by a non-represented employee; furthermore, the parking enforcement duties shall
be shared by the Association and AFSCME.
Section 1.2. Representation During Negotiations
For the purpose of negotiations between the parties, there shall be no more than
three (3) official representatives, plus one (1) alternate, from the Association. The
City may utilize no more than four (4) representatives, plus one (1) alternate, during
this process.
Both the Association and the City agree to provide to the other party written notice
of the representatives ten (10) days prior to the commencement of the negotiations.
Changes of representatives by either party during negotiations shall also be made
through written notice at the earliest opportunity.
Section 1.3. Bulletin Board Space
The City shall provide bulletin board space for Association use in a mutually agreed-
upon location. Material posted thereon shall be the responsibility of the Association.
It shall only be used for official Association business.
Section 1.4. Association Officials' Release Time
A. Time off with pay shall be granted to Association negotiation team members
for mutually scheduled negotiation or sub-committee meetings. Meetings will
be scheduled to accommodate attendance by all designated negotiation team
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members. Once these meeting dates are agreed upon, Human Resources will
notify all affected parties and their immediate supervisors of the dates and
changes thereto. The members must then work with their supervisor(s) to
ensure that the work schedule is updated to reflect the meetings.
On meeting dates when the members are scheduled to work, the regular work
schedules for Association negotiation team members assigned to shifts other
than Day shift shall be adjusted to ensure attendance at these meetings.
Adjustment of the work schedule shall afford a minimum of eight (8) hours
break between the end of the last regular shift worked and the beginning of
any of these meetings. The number of hours in the adjusted shift shall equal
the employee's normal shift hours and shall be consecutive.
Every effort will be made to schedule these meetings on days when the parties
are scheduled to work. In the event a meeting falls on a day when the member
is scheduled to be off, the member's work schedule shall be adjusted to
account for the negotiation time as part of the member's current workweek.
Leave adjustment (time off) to account for negotiation time shall be treated
similar to vacation leave requests.
B. Union officials may be allowed time off to attend training related to the
administration of this Agreement when the parties mutually agree that such
training is beneficial to both the City and the Union. Such time off shall not
result in any additional costs to the City. Such training must be pre-approved
by the KPOA Executive Board, signed by the Union President, and submitted
to and pre-approved by the Police Chief, or designee. The request will include
the purpose of the training, the date and time of such training, and the
proposed use of the employee's time (on/off duty or adjusted shift). The Union
shall continue to cover the registration, travel and accommodation costs of
such training for the union officials. The time off for such training shall be
shared by the Union, the employee and the City in the following manner:
1. If the training occurs during the employee's normally scheduled
day(s) off, the employee will attend the training on their own time.
2. If the training occurs during the employee's normally scheduled
work day(s), the time will be covered by the City. The employee's
shift may be adjusted within the work day to accommodate the
training. The total sum of training time off shall not exceed 150
hours annually for the entire bargaining unit. However, if hire-back
is required to replace that employee, the Union shall cover the
overtime hire-back cost through the use of a donated leave bank
designated for this purpose. Members of the bargaining unit may
voluntarily donate, in whole hour increments, up to five (5) vacation
hours once per year into a "Union Official's Leave Bank". This
donation may be done at any time during the year. Once the
donation is made, it will be converted and maintained on a dollar
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basis. The cap of this leave bank shall be equivalent of 400 hours
times the top Patrol Officer's base hourly pay as of January 1st of
each year.
C. Association employee representatives shall be allowed a reasonable amount of
on-duty time to administer the terms of this agreement. This clause
implements the current practice of the parties, and is not intended to expand
the use of on-duty time by Association representatives.
D. Time off required by Association members to prepare for or attend compulsory
arbitration meetings or hearings shall be considered leave without pay, unless
substitute coverage is provided for by Association members at no additional
cost to the City to replace those designated employees who are required to be
absent from their shifts. It shall be the Chiefs responsibility to determine
staffing levels required on all shifts. It shall be the Chiefs decision as to
whether substitute coverage is necessary to attend compulsory arbitration
proceedings.
Section 1.5. Probationers
Subsection 1.5.1 New Hires.
The parties recognize the purpose of probationary employment for new hires
and rehired employees is to provide a trial period of employment during which
the City can observe the performance of the probationer before confirming the
rights of permanent status. Entry level new hires shall serve a twelve (12)
month probationary period beginning the day after their successful completion
of the Basic Law Enforcement Academy. Lateral new hires shall serve a twelve
(12) month probationary period from their date of hire.
During the actual or extended probationary period of employment, the
probationer shall be entitled to the protection of the grievance procedure as
outlined in this agreement, except that the probationer may not challenge any
disciplinary determinations made by the City, determinations made related to
Section 4.1 - Hours of Work and 4.8 - Shift Bidding, and for those other
exceptions specifically identified within the agreement.
In the case of lay off, bumping and recall, there shall be no seniority among
probationary employees. Upon the successful completion of the probationary
period, the employee shall acquire seniority credit, and their seniority shall be
retroactive to the date of employment, less any adjustments.
Subsection 1.5.2 Transferred or Promoted Employees
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Any permanent employee who is transferred (pursuant to Civil Service
process), or promoted shall be considered as a special probationary employee,
and must successfully complete a twelve (12) month special probationary
period before being permanently appointed to the new position or rank. For
purposes of this agreement, special probationary employees who are employed
as regular full time shall be considered as and entitled to all benefits of non-
probationary members of the bargaining unit, unless otherwise specified within
the Agreement.
If the special probationary employee fails to demonstrate that he or she can
completely and satisfactorily perform the job within the special probationary
period, the City shall return the employee to his or her former position
classification, or rank, without any loss of seniority, and this determination
may not be challenged under the grievance procedure. Any other employees
who were transferred or promoted following and as a result of this employee's
transfer or promotion shall also be returned to their former positions, and
unless there is a layoff involved, the bumping procedure shall not apply.
Subsection 1.5.3 Probation Extension
Any probationary period may be extended upon the request of the Police Chief
as a result of approved breaks in service, to allow for the completion of twelve
(12) months of satisfactory performance in the employee's regular
assignment.
Subsection 1.5.4 Light Duty Probation Extension for New Hires
In cases of light duty or approved medical leave, a probationary period may
be extended for the duration of the light duty assignment/medical leave upon
the request of the Police Chief, not to exceed six (6) months.
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION
Section 2.1. Eligibility
The City recognizes that employees within the bargaining unit may, at their
discretion, become members of the Association. Intent to join must be furnished, in
writing, to the City prior to formal membership for the purposes of uniform dues
deductions.
Section 2.2. Association Membership
The Association will provide representation to eligible employees in compliance with
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State and Federal Law.
Section 2.3. Dues Deduction
The following procedure shall be followed in the deduction of dues for members of
the Association.
A. The City agrees to deduct the semi-monthly dues uniformly levied by
the Association for those employees who elect to become members of
the Association. The employee will request in writing to have their
regular Association dues deducted on the basis of individually signed
voluntary check-off authorization cards.
B. Each month, the City shall remit to the Association all dues deducted
together with a list of employees and the amount deducted from each
employee. The City agrees to notify the Association of new employees
within thirty (30) days of the date of hire.
C. The Association agrees to indemnify and hold the City harmless against
any and all claims, suits, orders and other judgments brought or issued
against the City by third parties as a result of any action taken by the
City under the provisions of this Section, unless caused by the
negligence of the City.
D. The Association and City agree that the City will not make any other
deductions on behalf of the Association, except those described above.
ARTICLE 3 - EMPLOYMENT PRACTICES
Rank shall be synonymous with job classification for purposes of this article.
Section 3.1. Seniority Definition
A. Seniority, for the purpose of vacation bids shall be defined as the employee's
length of permanent service as a commissioned officer with the Kent Police
Department, less any adjustments due to layoff, approved leaves of absence
without pay (unless otherwise agreed to by the City), periods of 24 months or
less between resignation and reinstatement according to Civil Service
procedures, or other breaks in service.
B. Seniority, for the purpose of shift bidding shall be defined as the employee's
length of permanent service within their current rank or classification, less any
adjustments due to layoff, approved leaves of absence without pay (unless
otherwise agreed to by the City), periods of 24 months or less between
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resignation and reinstatement according to Civil Service procedures, or other
breaks in service.
C. Seniority, for the purpose of reduction in force and reductions in rank resulting
from personnel reductions, shall be defined as the employee's length of
permanent service as a commissioned police officer with the Kent Police
Department, less any adjustments due to layoff, approved leaves of absence
without pay (unless otherwise agreed to by the City), periods of 24 months or
less between resignation and reinstatement according to Civil Service
procedures, or other breaks in service. In the case of an employee who has
been reduced in rank or classification, their seniority shall include time spent
in higher rank(s) or classification(s).
D. Seniority (unless otherwise defined elsewhere within this agreement), for all
other purposes, shall be defined as the employee's length of permanent service
with the City of Kent, less any adjustments due to layoff, approved leaves of
absence without pay (unless otherwise agreed to by the City), periods of 24
months or less between resignation and reinstatement according to Civil
Service procedures, or other breaks in service.
Section 3.2. Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees in this unit and/or the
Assistant Chief and Commander unit, the following basic provisions will apply:
1. It shall be the responsibility of the City to determine the job classification(s)
in which reductions in rank are to occur. Such factors as nature of function
performed, risk to overall public safety, and impact on the Police Department
operations, shall be weighed to determine areas where reductions can be
made.
2. Order of layoffs will occur with the least senior officer in the affected job
classification(s) being laid off first.
3. Reductions in rank of employees shall be accomplished in accordance with
seniority as defined in Section 3.1.0 with the least senior employees being
reduced first.
a. Employees reduced in rank will be moved to the next lower rank. These
employees shall have bumping rights over the employee in the next
lower rank with the least seniority in that rank. For example: an
Assistant Chief would bump the least senior Commander, a Commander
would bump the least senior Sergeant and a Sergeant would bump the
least senior Officer; the least senior Officer would be laid off.
b. Seniority for employees who have been reduced in rank will be defined
as the previous time at the lower rank plus time at the higher rank.
c. Employees who have been reduced in rank due to reasons outlined in
Section 3.2 above (non-disciplinary) will remain on the reinstatement
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list in accordance with Civil Service Rules and must be given the first
right of refusal of such reinstatement prior to any other employee being
promoted to that rank.
d. If an employee who has been reduced in rank in accordance with Section
3.2 above elects not to be reinstated to their former rank, that employee
forfeits any future reinstatement rights.
Section 3.3. Severance Pay Notice
A. All non-probationary employees affected by the reduction in force shall be
entitled to three (3) weeks' notice of such layoff.
B. At the time of separation, non-probationary employees affected by the
reduction in force shall be paid a sum equal to two (2) weeks pay at the current
rate of pay. Such severance pay shall be in addition to any and all money due
to the employee at the time of separation. However, this section shall only
apply to employees who are laid off by the City. Voluntary terminations and
other terminations not classified as layoff are excluded from the provisions of
this section.
Section 3.4. Establishment of Reinstatement Registers
A. The names of employees who have been laid off or reduced in rank shall be
placed upon a reinstatement register for the same classification from which
layoffs or reductions in rank have occurred. This reinstatement register shall
be in effect for two years from the date of layoff or reduction and shall take
priority over other hiring or promotional lists.
B. Refusal to accept regular full-time work with the Kent Police Department from
a reinstatement register shall terminate all rights granted under this rule,
provided the work is in the same classification from which the employee was
laid off.
C. Order of Reinstatement - If a vacancy is to be filled from the reinstatement
register, recall shall be made on the basis of length of service within the
classification. The regular employee on such register who has the most service
credit shall be first reinstated except in the cases of reduction in rank where
reinstatement shall be made by time of service in that rank.
Section 3.5. Em Ig_oyee Status When Reinstated
In the event a non-probationary employee leaves the service of the City due to
reduction in force and within the next two years the City rehires said former employee
in the same classification to which assigned at the date of reduction, such employee
shall be placed at the step in the relative salary range which he/she occupied at the
time of the original reduction.
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Section 3.6. EEO/Nondiscrimination
It is agreed that the City and Association are mutually obligated to provide equal
employment opportunity, consideration and treatment to all employees of the Kent
Police Department. Where the masculine or feminine gender is used in this
Agreement it is used solely for the purpose of illustration and shall not be construed
to indicate the gender of any employee or job applicant.
Section 3.7. Personnel Files
A. The personnel files are the property of the City and shall be kept under the
direct control of the Human Resources Department. The City agrees that the
contents of the personnel files, including the personnel photographs, shall be
confidential and shall restrict the use of information in the files to internal use
by the Police Department and/or Human Resources.
B. All Police personnel files must be kept, maintained and secured in the confines
of the Human Resources Department. The Human Resources Director, or
designee, shall be responsible for the privacy of such files. It is understood
that the Police Chief and the Human Resources Director, or their designee(s),
will have access and may need to review or update personnel files while
conducting City business.
C. The City shall not allow anyone, other than those employees designated by the
Police Chief and/or Human Resources Director to read, view, or have a copy,
in whole or in part, of any employee's personnel file. This provision shall not
restrict such information from becoming subject to due process by any court
or administrative personnel tribunal or as required by state or federal law. Any
time an employee's file is subject to release, in whole or in part, to an outside
party, the City will notify the employee five (5) business days prior to such
release. In the event the employee or the Association notifies the City of its
intent to obtain judicial relief from the request within the initial five (5)
business days, the employee or Association shall be provided five (5) additional
business days to obtain judicial relief. In the event compliance with the
notification requirements would result in a violation of the rules of discovery,
the requirements of a subpoena or Washington's Public Records Act, the City
shall provide reasonable notice under the circumstances. The notice of release
shall contain the following information: to whom the record will be released
and under what authority (i.e. search warrant, court order, subpoenas, etc.).
D. Employees have the right to review their own entire personnel file. Employees
requesting to examine their own personnel file must have proper identification,
and may examine their file only in the presence of the Police Chief, Human
Resources Director, or their designee. Employees shall not remove any
material from their files, but may, upon their request, have a copy of any
material in their files without charge.
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E. The Association's attorney of record shall be given access to employees'
personnel files. Employees can also give permission for third parties to view
their file. The employee shall make a formal written request naming the person
authorized to view their record (i.e. a KPOA Executive Board member, family
member, etc.). The authorized person(s) shall present identification to the
Police Chief, Human Resources Director, or their designee, responsible for
monitoring the process. The City shall accommodate such request at a time
convenient for both parties.
F. Annual employee evaluations and records of disciplinary action resulting in
demotion or the loss of time or pay shall be retained permanently. All other
disciplinary records may be retained in an employee's active personnel file in
accordance with WA State Retention Schedule. However, these records will be
purged after the State retention period has elapsed in which no other
disciplinary action has occurred. Nothing in this section shall prevent the City
from archiving files. The parties recognize that the City may retain internal
investigation files although such files may not be used in discipline and
discharge cases if they could not otherwise be retained in personnel files
pursuant to this section.
Section 3.8. Transl2arency of Promotional Selections
Selection of candidates to be promoted to a position in the bargaining unit shall be
from a certified civil service list created from the testing process as established by
Civil Service Rules. The Chief shall select from the top three (3) eligible candidates
on the list to fill each vacancy. If the Chief elects to pass over a higher-ranking
candidate from among the top three candidates, the Chief will offer to provide a
written statement to the passed-over candidate(s) stating, in general, the Chief's
reasons for not choosing the higher ranking candidate(s). The written statement will
not become a part of the employee's official file.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4.1. Hours of Work
The normal working hours for employees covered by this Agreement shall not exceed
40 hours per week. The work week will commence with day shift on Sunday and go
through grave shift on Saturday night.
A. The normal work week for officers in the patrol division, traffic, canine, crime
prevention and other uniformed assignments, except for modifications that
may be made through the provisions of this Agreement, shall be four (4)
consecutive days worked, followed by three (3) consecutive days off.
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B. Employees of the bargaining unit will be allowed to bid for shift assignments
and days off. The bidding process shall be in accordance with Section 4.8.
C. The normal work week for officers working as detectives, SIU, research and
development, training officer, school liaison or new assignments or positions
that may work closely with the police department administration may be either
a five (5) and two (2) or four (4) and three (3) schedule (2080 hours) based
upon the needs of the public and/or the department with Saturday and Sunday
off, provided however, in the event it becomes necessary to expand the
number of days in service, the normal work week may be set at five (5) or four
(4) consecutive days exclusive of Sunday. Scheduling changes may be made
where there is an operating need. The Association shall be given thirty (30)
days' advance notice of any change in the basic schedule (5-2 to 4-3 or 4-3 to
5-2), and of the schedule determined for new assignments or positions, and
the reasons necessitating it, in order to discuss alternatives and impacts.
D. The normal 4-3 work shift shall consist of ten (10) continuous hours inclusive
of lunch periods.
The Patrol division is currently working under six (6) work shifts during each
work day: Day, Early Power, Early Swing, Late Swing, Late Power, and
Graveyard.
E. In the event the Police Administration changes an employee's normal work
schedule, the Administration agrees to provide fourteen (14) calendar days
notice prior to the effective date of the change. This provision does not apply
in emergencies, in disciplinary actions, or to probationary employees.
F. The Mayor may declare the closure or partial closure of City facilities or
operations in the case of emergencies or for safety reasons. Members of the
bargaining uni-: will continue to maintain their normal work schedule unless
specifically relE!ased from duty. Members of the bargaining unit who work their
normal schedule during such declarations will not receive additional monetary
compensation or time off.
G. Employees may trade shifts with other employees of equal rank within the
same work unit. Trades must be completed within thirty (30) calendar days
of each other. The trade shall be relatively cost neutral to the City and be of
minimal administrative burden. For the purpose of this section, a work unit is
defined as Detectives, Patrol, Traffic, Special Operations, and Canine
(specifically Drug K9 and General K9). The shift trade must be voluntarily
submitted by both employees and be pre-approved by both employees'
supervisor(s). -rhe supervisor(s) shall have full discretion to approve/deny the
trade request.
Section 4.2. Overtime
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A. Detectives on a 5-2 or 4-3 week shall be paid at the rate of time and one-half
for all hours worked in excess of forty (40) in one consecutive seven day week.
B. SIU Officer on a 5-2 or 4-3 week shall be paid at the rate of time and one-half
for all hours worked in excess of forty (40) in one consecutive seven day week,
inclusive of lunch periods. Pre-authorized overtime shall be provided for all
hours in excess of the regular shift.
C. Patrol officers on a 4-3 week shall be paid at the rate of time and one-half for
all hours workE!d in excess of ten (10) hours per shift, inclusive of lunch period
and for all hours on a furlough day.
D. Both parties agree that Officers cannot work overtime for their same
shift/squad while they are off on holiday, vacation or compensatory leave.
E. In all cases overtime will be rounded to the nearest one-quarter (1/4) hour.
F. Employees are required to obtain supervisory approval prior to extending their
shift on overtime or working any overtime.
G. When the necessity for overtime arises, the department will make all
reasonable efforts to solicit volunteer(s). If no volunteers are found, the
department has the right to mandate an employee to work the overtime.
Section 4.3. Call Back and Minimum Overtime
A. Employees "called back" to work shall receive a minimum of three (3) hours
pay at the overtime rate for the work for which they were called back. This
provision applies when such call back results in hours worked which are not
annexed consecutively to either the beginning or end of a regular shift. Travel
time (not to exceed thirty (30) minutes each way) shall be compensable on
"call backs" and includes time spent to and from the employee's residence.
B. If any employee is given a minimum of seven (7) calendar days notice of an
overtime assignment, the employee shall not be compensated for travel time
to and from the assignment. The employee shall be compensated a minimum
of three (3) hours at the overtime rate for the hours worked.
Section 4.4. Overtime Pay for Court Appearances
In the event that court appearances are required, the City shall attempt, wherever
possible, to schedule such appearances during an employee's regular duty shift,
rather than on furlough days. Such appearances outside of the regular duty schedule
shall be compensated for as follows:
A. Employees will receive pay at the overtime rate for court appearance time
outside of regular duty hours, provided, however, each employee required to
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report for court appearances shall receive a minimum of four (4) hours pay at
the overtime rate, for separate court appearances in accordance with Section
4.4.C.
B. Court Appearances Annexed to Any Duty Shift - Court appearances
consecutively ,annexed to the beginning or end of any employee's duty shift
shall be treated as regular overtime and shall not be subject to the provision
of A above. A court appearance is considered annexed to an employee's duty
shift if the court starting or ending time is less than thirty (30) minutes from
the shift starting or ending time. Court appearances that are not annexed to
an employee's duty shift shall be subject to the provision of A above.
C. Pyramiding of court appearances is prohibited. There will be a maximum of
one minimum guarantee in the morning and one minimum guarantee in the
afternoon. Continuance of a morning appearance into the afternoon shall not
constitute a separate court appearance.
D. Standby Time for Court Appearance - Employees who are required by the court
or administration to "standby" for possible court appearance, while off duty or
on furlough days off, will receive one (1) hour compensation at the regular
time rate for each two (2) hours or portion of assigned standby time. Standby
time must be pre-authorized and logged by the Police administration and have
a starting time and ending time.
E. Court Appearance Call Off - Compensation (per A above) shall be granted
when: the employee is not notified by an authorized person or by electronic
notification by 5:00 PM on the business day prior to the court appearance
date.
Employees shall be compensated at one-quarter (.25) hour of overtime if the
employee is required to contact the City during non-work hours for the
following week's/ day's court schedule by 5:00 PM on the business day prior
to the court appearance date. The City shall use technology, such as a text
messaging or email, to notify officers of the court information. The employee
is expected to check notification text message/email during duty hours. This
overtime will not be applicable if an employee is scheduled to work after the
notification time and before the 5:00 PM court appearance call off.
F. Pre-Trial Interviews - Officers will schedule pre-trial interviews to occur while
on duty whenever possible. A pre-Trial interview is defined as an interview
conducted by a defense attorney, defense investigator or a prosecuting
attorney, and in instances in which a pre-trial interview is conducted while an
officer is off-duty, the following shall apply:
1. Preapproved Off-Duty Pre-Trial Interview: In the event a pre-trial
interview that occurs while the officer is off duty is preapproved by
a supervisor, the officer being interviewed shall be compensated for
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a minimum of 1.5 hours of pay at the overtime rate. Time spent
conducting the pre-trial interview beyond 1.5 hours shall be
compensated in 15 minute intervals rounded to the next 15 minutes.
2. Off-Duty Pre-Trial Interviews that are Not Preapproved: In the event
a pre-trial interview that occurs while the officer is off duty is not
preapproved by a supervisor, the officer shall be compensated in 15
minute intervals rounded to the next 15 minutes.
3. Off-Duty Pre-Trial Interviews Requiring a Return to Work: In the
event a pre-trial interview is to be conducted in-person and the
officer is not on duty, the officer shall be compensated in accordance
with Section 4.3 (above).
G. Non Pre-Trial Interview Off-Duty Contacts - When officers are contacted by
Kent Police or others for official City business under circumstances not
amounting to a pre-trial interview, the following shall apply:
1. Except for de minimis contacts, officers shall be compensated in 15 minute
intervals rounded to the next 15 minutes.
2. Officers shall not be compensated for de minimis contacts. De minimis
contacts are contacts, such as telephone calls or messages, texts, pages,
and emails, that occur while an officer is off-duty that require the officer to
work less than seven and one-half (7.5) minutes. De minimis contacts shall
also include, telephone calls or messages, texts, pages and emails for which
a response is not immediately requested or required, or to which the
contacted officer does not respond.
3. Officers who are not on call are not required to respond immediately to text
messages, emails, pages, voicemails or the like received during non-
working hours. Whenever reasonable under the circumstances, such calls
and messages should be returned during normal working hours to avoid
unnecessary overtime.
4. The following shall not be considered de minimis regardless of the
duration of the work involved:
a) Day Shift Employees: A telephone call or message, or text or page which
is received and answered by a day shift employee between the hours of
9:00 p.m. and 5:00 a.m. shall not constitute a de minimis contact.
b) Early Power Shift and Early Swing Shift Employees: A telephone call or
message, or text or page which is received and answered by an early
power or early swing shift employee between the hours of 10:00 p.m.
and 6:00 a.m. shall not constitute a de minimis contact.
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c) Late Swing Shift Employees: A telephone call or message, or text or
page which is received and answered by a late swing shift employee
between the hours of 3:00 a.m. and 11:00 a.m. shall not constitute a
de minimis contact.
d) Late Power Shift and Graveyard Shift Employees: A telephone call or
message, or text or page which is received and answered by a late
power or graveyard shift employee between the hours of 7:00 a.m. and
3:00 p.m. shall not constitute a de minimis contact.
Section 4.5. Compensatory Time
Employees may choose to accrue compensatory time in lieu of receiving overtime pay.
Compensatory time shall be earned at the rate of 1-1/2 hours for each hour of overtime
worked.
A. An employee may accumulate up to 100 hours of compensatory time. All hours
above 100 must be paid unless special approval is received from the Chief or
designee and Human Resources Director.
B. With special approval employees may accumulate up to 150 hours in no event
shall compensatory exceed 150 hours. Detectives who are assigned to standby
are preapproved to accumulate up to 150 hours.
C. The use of compensatory time shall be in accordance with Article 9 - Annual
Leave.
D. Employees who wish to receive pay for any of their accumulated compensatory
time will receive this pay by submitting a written request to their timekeeper.
E. Any employee of the Kent Police Department who is assigned to perform work
for an outside contracted agency will continue to be covered by the terms of
this labor agreement, which includes the eligibility to accrue and use
compensatory time in lieu of overtime in accordance with this section.
However, all compensatory hours earned while working for the contracting
agency shall be used or cashed out prior to the employee's return to regular
duty with the Kent Police Department. All compensatory hours earned while
working for the Kent Police Department may be used as stated in Section
4.5.C.
F. Employees working any overtime that is funded from sources outside of the
Police Department's budget shall only receive overtime pay, not compensatory
time, for such hours worked. This will include any hire-back to directly cover
for the employee working through this outside funding source but only if the
source reimburses the department for the hire-back.
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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 11/2 = 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, 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.
B. K-9 Overtime. Employees assigned as K-9 Officers shall be paid overtime, with
prior supervisory approval, for the time spent for extraordinary care (other
than normal Kennel Time) of their assigned animals outside of the normal work
shift. This includes emergency care and/or trips to the veterinarian. The time
spent has no minimum overtime provision, but does include travel time. The
specific reason for the overtime shall be explained on the overtime slip.
C. Puppy Program. Employees who host a canine puppy for the Kent Police
Department K-9 program shall be excluded from A and B above. The
department will reassign employees for five (5) hours per month to duties
related to the puppy program. Officers will be reassigned during overlap
periods and the five (5) hour block cannot be accumulated and will be
exhausted each month. The department will provide the food, veterinary care
and minimum equipment for the well-being of the K-9 candidate (puppy). The
department will not provide kennels or other significant equipment for this
program. Items damaged by the puppy, due to neglect or lack of supervision
by the host family, will not be reimbursed.
Section 4.7. Standby for Duty
Subsection 4.7.1 Standby for Duty (for non-Detectives)
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A. The City and Association agree that the use of standby time shall be minimized
consistent with sound law enforcement practices and maintenance of public
safety. Standby assignments shall be for a fixed, predetermined period of time
not to exceed a regular shift, unless the public safety is considered
endangered, and then shall extend as long as it is deemed necessary by the
Police administration.
B. Employees formally placed on standby status shall be compensated on a basis
of one (1) hour at the regular straight time rate for every two (2) hours or
portion thereof of standby time. If an employee is in fact called back to work,
overtime provision will take effect upon reporting for duty.
C. All bargaining unit members shall carry their pagers or cell phones at all times
while on and off duty to provide a means for the department to contact them
in cases of emergency/court notifications. Employees are not required to carry
their cell phones/pagers while on approved leave. Employees who choose to
carry their personal cell phones in lieu of pagers shall maintain text messaging
capability on their cell phones and keep the department informed of their cell
phone information. While off duty, unless placed on standby per paragraph B,
employees will not be compensated for carrying their pagers/cell phones and
are not required to respond to call backs except in cases of emergency or court
notification per Section 4.4.E. Examples of emergency situations include, but
are not limited to, natural disasters, riots, demonstrations, and event(s) which
cannot be handled by call up of the next shift. This paragraph (C) shall not
apply to detectives call-outs.
Subsection 4.7.2 Standby for Duty (for Detectives)
A. Detectives are issued a pager and/or cell phone by the department, which shall
be carried by the detectives at all times except while on approved leave. Police
management reserves the right to call back detective(s) as necessary, per
Subsection 4.7.2.B. Upon receiving a page or call, the detective shall
immediately contact the supervisor initiating the call back, per Subsections
4.7.2.13.2 and 4.7.2.6.4. If called back, they shall be paid in accordance with
Section 4.3.
B. To facilitate the standby process for Detectives, the parties agree to establish
a standby program as follows:
1. Three (3) Detectives and one (1) Investigations Sergeant will be placed
on standby (call-out duty) for a one-week rotational basis, those on the
call-out duty shall move to the bottom of the rotation after their week;
2. The four (4) employees listed above are responsible to remain fit for
duty and be located within a reasonable distance from Kent Police
headquarters in order to respond to call back within a reasonable period
of time (i.e. within an hour);
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3. During the assigned call-out duty week, the employee's use of assigned
City vehicle may be more flexible as approved by the employee's
immediate supervisor to allow the employee to respond to calls more
readily.
4. Although only the employees on the call-out duty are required to report
to the call, this does not prohibit the City from calling, in order of
placement on the rotational list, other detectives to respond to a call
back.
i. Employees unable to respond to the call back must still contact
the supervisor initiating the call. Being "unable" may include:
being out of the area where you're not able to return in a timely
manner; having a child care situation where you are the only
adult present to care for small children; being impaired by
alcohol.
5. Once a standby schedule has been established, it is the employee's
responsibility to arrange for coverage if s/he is not available for call-out
duty. If the employee cannot cover the duty due to long-term illness,
injury, or leave of absence, the Commander will make a re-assignment
of the call-out duty as equitably as possible (but cannot guarantee equal
time assignment). Detectives may trade standby shifts with another
Detective in accordance with Section 4.1.
C. To compensate Detectives for the standby requirement to respond to call back
(per 4.7.2.B.2 above), Detectives shall earn 5.5 hours of compensatory hours,
accrued at time and one half, for each completed week of standby duty.
Investigations Sergeants or designee (as assigned by the Chief) shall earn 2.75
hours of compensatory hours, accrued at time and one half, for each completed
week of standby duty. In addition, Investigations Sergeants shall not be
mandated off on holidays in accordance with Section 7.2.I. These hours fall
under compensatory time, Section 4.5.
Section 4.8. Shift Bidding
Subsection 4.8.1 Shift Assignments
A. Shift assignments for Officers and Sergeants shall be determined by a bid
system based on tenure in those positions with Kent Police Department. The
bid system shall give priority to the most senior personnel for his or her shift
assignment preference subject to the provisions of 4.8.2.
B. Patrol Officers' tenure shall be determined from the date of hire with Kent
Police department for that time that the officer is a commissioned Patrol Officer
with Kent Police Department. Tenure for the Sergeant shall be determined by
the time in grade as a regularly appointed Sergeant at the Kent Police
Department. Commissioned officers are not eligible to bid for shift assignments
during the initial probationary period in their rank.
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C. Bids and assignments shall be made every six (6) months. The cycle for
bids/assignments shall be implemented on the first Sunday of February,
effective with the commencement of the day shift, and the first Sunday in
August, effective with the commencement of the day shift. All assignments
shall remain in effect until the next bid cycle unless it should be determined by
the City that the Patrol Officer or Sergeant shall be reassigned to a non-bid
system assignment or position during that period of time.
D. The bid process shall occur as scheduled, regardless of any absence of a Patrol
Officer or Sergeant from the Police Department. If the individual is unable to
report to work by the first Sunday in February or the first Sunday in August,
the individual cannot participate in the bidding process for that work cycle.
Subsection 4.8.2 Shift Bidding Process
The following provisions shall control the process of bidding and assignment in
accordance with the above guidelines:
A. Shift preference bids shall be delivered to the division commander, or his or
her designee, during the established bid/assignment cycle.
B. No early or late shift preference bids shall be accepted.
C. Vacant assignments that occur after the bid deadline shall be filled by Patrol
Officers or Sergeants, as applicable, that are reassigned after the assignment
deadline to the Patrol Division of the Police Department. Those assignments
shall continue until the next designated period for bidding.
D. The Employer reserves the right to restrict individuals from bidding where
required by a department operating need.
E. During the bid process, the Employer will attempt to award bids pursuant to
seniority based bidding outlined in 4.8.1 but reserves the right to move an
employee into a shift assignment or days off rotation slot that is less
preferred by the employee based on operating needs including, without
limitation, specialty assignments, employee performance, balancing the
experience level of the squads, good working order and cohesion of the patrol
division and employee hardship/special need(s) request Moves for the above
reasons are not subject to the grievance procedure.
F. The Employer reserves the right to designate shift slots available for bidding
by each specialty assignment. For example, Generalist K-9 Handlers may
only bid for designated Generalist K-9 shifts; FTO's may only bid for
designated FTO shifts to allow for equal distribution for both sides of the
schedule. For the purpose of shift bidding within the specialty assignments,
seniority is defined as continuous length of service within the specialty
assignment.
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Seniority, for the purpose of FTO assignment shift bidding shall be defined
as the employee's length of permanent service as a commissioned officer
with the Kent Police Department, less any adjustments due to layoff,
approved leaves of absence without pay (unless otherwise agreed to by the
City), periods of 24 months or less between resignation and reinstatement
according to Civil Service procedures, or other breaks in service.
Subsection 4.8.3 Shift Bidding Dates
The following is the process for the submission of bids and the assignment of shifts:
A. Each Sergeant shall submit his or her shift preference bid no earlier than
October 1 or later than October 7 and no earlier than April 1 or later than April
7, as applicable. All such bids must be received by the division commander or
his designee no later than 5 p.m. on the applicable date. The shift assignments
shall be posted no later than October 12 or April 12, as applicable.
B. Each Patrol Officer shall submit his or her shift preference bid no earlier than
October 13 or later than October 19 and no earlier than April 13 or later than
April 19, as applicable. All such bids must be received by the division's
commander, or designee, no later than 5 p.m. on the applicable date. The
assignments shall be posted no later than the last day of the month in October
or April, as applicable.
Subsection 4.8.4 Days Off Rotation
The rotation for days off shall occur on the Sunday following every sixth (6th),
thirteenth (13th), twentieth (20th) and twenty-sixth (26th) week of the cycle and
starting with the day shift. This shall take effect on the first Sunday in February.
Section 4.9. Daylight Savings Time
Employees who work graveyard shift during the fall when the clocks are moved back
one hour will be paid one hour at the overtime rate of time and one-half. Employees
who work graveyard shift during the spring when the clocks are moved forward one
hour will be required to utilize one hour of annual or compensatory leave, or be
allowed to work the additional hour to complete their normal shift hours at the
employee's choice.
Section 4.10. Rest Periods
The parties agree it is mutually beneficial to officer safety and the quality of service
to provide at least eight (8) consecutive hours of rest for commissioned officers
between regularly scheduled work shifts. To ensure such, the parties agree to the
following:
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A. The City will make every effort when scheduling employees to provide at least
an eight (8) hour consecutive rest period between normally scheduled work
shifts. If an employee is mandated by the City to work overtime (including
court overtime), the employee shall take time off on paid administrative leave
to allow for a continuous eight (8) hour rest period between normally
scheduled work shifts.
B. Employees shall not work additional voluntary hours/assignments which
would:
1. result in less than an eight (8) hour consecutive rest period between
normally scheduled shifts; or
2. result in the employee working more than sixteen (16) hours in a
twenty-four (24) hour period.
C. This provision shall not apply during emergencies. Emergencies include, but
are not limited to, natural disasters, riots, demonstrations, and special events
which cannot be handled by call up of the next shift.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5.1. Notification of Work Rule Changes
The City agrees to notify the Association in advance of changes in departmental
operating procedures or working conditions which would affect employees in the
bargaining unit. Conferences to discuss such changes may be arranged prior to the
time such changes would become effective. However, nothing in this section shall be
construed to limit the City from exercising its management responsibilities, provided,
however, that when changes in procedure or department operations would cause a
reduction in force or layoff of any employee, such proposed change, including the
effective date shall be provided in writing to the Association in advance of making
the proposed change.
Section 5.2. Modified Work Schedule
The parties agree to consider modifications to the normal work schedule and rotation
cycle for employees, for a specified period, where there is a demonstrated need. Such
modified work schedules must be approved by the Police Chief, or designee, the
employee, and the Association and shall not be precedent setting.
ARTICLE 6 - SICK LEAVE
Section 6.1. Sick Leave Benefits
All sick leave benefits for "LEOFF" personnel shall be in accordance with the Revised
Code of Washington (RCW), provided however, that LEOFF employees of the Kent
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Police Department shall not be required to submit sick leave approval requests to the
LEOFF Board for absences due to illness that do not extend beyond three (3)
consecutive working days. Approval for up to and including three (3) days sick leave
for any one occurrence shall be the responsibility of the Chief of Police or designee.
Section 6.2. Sick Leave Accrual
A. LEOFF II Employees
Officers hired by the City on or after 10/01/77 shall accrue sick leave at the
rate of ten (10) hours per month. However, their sick leave account shall be
credited with 30 additional hours on January 1 of each year. Employees hired
after January 1 of any calendar year shall receive the additional hours on a
prorated basis. However, under no condition will an employee's accrual exceed
1,190 hours. (See Section 6.6.)
B. Recruitment Incentive
In an effort to attract, recruit and retain qualified Police Officers, the City may
offer new hire officers a lump sum of sick leave hours. This offer shall be made
at the Chief's sole discretion and shall not set precedence for future hiring.
Section 6.3. LEOFF II Sick Leave Usage
A. All LEOFF II employees shall be entitled to use sick leave for personal illness
in accordance with current City Policy.
B. Employees on sick leave for any period longer than one (1) week shall contact
their Commander, or designee, on a weekly basis, barring extenuating
circumstances, unless their physician provides a certification for the length of
leave. If the leave extends beyond four consecutive months, the employee has
the responsibility to contact his/her Commander, or designee, at the end of
the fourth month to ensure all required follow-up documentation is provided.
Prior to returning to work, the employee must provide any documentation
required by the City. The City reserves the right to require the employee to be
evaluated by the employer's physician to determine the employee's ability to
perform the full duties of a police officer.
C. All LEOFF II employees shall be entitled to use accrued sick leave to care for a
family member as provided for under RCW 49.12.270.
Section 6.4. LEOFF II Employees - On-Duty Injury Leave Provision
Employees injured while on-duty must apply for "Worker's Compensation Benefits"
for disability periods described in City Policy. Employees will be paid for the balance
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of their regular (not overtime) shift the day of the injury if the employee requires
medical attention and is unable to return to work that day; the employees will not be
required to use any of their leave for the balance of this day. Questions of policy
clarification or interpretation should be referred to the Human Resources Director in
writing.
The first three (3) calendar days following the date of injury are defined as the time
loss "waiting period". The employee shall use accrued leave to cover any time off for
scheduled work shift(s) during these three (3) days. The waiting period shall be
reimbursed if the time loss extends beyond fourteen (14) calendar days in accordance
with Labor & Industries (L&I) regulations.
Employees injured on-duty and qualified for "Worker's Compensation" time loss shall
have their salary at the time of injury maintained for a period not to exceed six (6)
months. This shall be accomplished through a combination of "Worker's
Compensation" time loss payments and the balance supplemented by the City. During
this six-month workers compensation supplemental pay period, the employee shall
continue to accrue annual leave and sick leave benefits. The six (6) months worker's
compensation supplemental pay by the City shall be interpreted as six (6) months
per consecutive time loss period (unless an exception is granted by the Human
Resources Director), or six (6) months of supplemental pay per qualifying
injury/illness, whichever is less.
Interpretations of and/or exceptions to the six (6) month supplemental pay period
may be granted by the Human Resources Director for multiple injuries. City
supplemental pay for multiple qualifying on-the-job injury time losses shall run
concurrent. However, if the employee is unable to return to work within six (6)
consecutive months from the beginning of the first time loss claim due to treatment
for other qualifying worker's compensation claim(s) for which the employee is
approved time loss, the employee may be granted time loss supplemental pay beyond
the six (6) months per consecutive time loss period to six (6) months per injury. Such
may be granted only if the employee has:
1. Identified all workplace injuries/illnesses, that the employee is aware of,
with a qualified health care provider within fourteen (14) days from the
date of the workplace injury which required the initial time loss. This
fourteen (14) day period may be extended by a reasonable time frame if
the extension is required due to reasons beyond the employee's control
and if such is approved by the City's Risk Management staff.
2. The employee has kept in regular contact with the City's Risk Management
staff to actively take care of all injuries and/or illnesses in the shortest
timeline possible.
At no time will the employee be provided more than one (1) six (6) month period of
worker's compensation supplemental pay per injury/illness (per worker's
compensation claim).
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If the employee is unable to return to duty at the end of the six-month supplemental
pay period, the provisions of RCW 51 and City Policy 6.2 (or any revisions thereof)
shall apply.
During the employee's entire worker's compensation disability period, the City shall
continue to provide insurance benefits as outlined in Article 18. The employee shall
be responsible for their portion of these benefit premiums.
Section 6.5. Paid Family and Medical Leave (PFML) Program
A. Beginning January 1, 2019, with benefits effective January 1, 2020 and
onward, eligible employees are covered by Washington's Family and Medical
Leave Program, RCW 50A.04. Eligibility for leave and benefits are
established by state law and therefore independent of this Agreement. KPOA
and the City agree the benefits for this program are funded by both the
Employer and employee payroll deductions, with payroll deductions for
eligible employees based on the default maximum percentages listed in RCW
50A.04.115.
Section 6.6. Sick Leave Incentive/Buy-Out Program
A. Employees shall be entitled to incentive pay for maintaining their sick leave
balance at the following levels:
Sick Leave Hours Amount of Cash Incentive
480-719 16 hours base pay
720-959 24 hours base pay
960-1039 50 hours base pay
1040+ 100 hours base pay
B. Compensation shall be made no later than January 20 of the following year
and shall be at the employee's hourly rate in effect at the time the
compensation is made. For purposes of determining eligibility to receive
incentive pay an employee must maintain the 480+, 720+, 960+, or 1040+
hours accrual for the entire preceding calendar year. If an employee falls below
one of the designated accrual levels they will not be eligible for the
corresponding incentive pay.
C. Employees hired prior to January 1, 2008, who retire or separate in good
standing from the City will be compensated for the hours, up to 1,190 hours,
remaining in their sick leave bank based upon their tenure as commissioned
officers with the Kent Police Department. Compensation shall be made at the
following percentage of the employee's hourly rate in effect at the time of
retirement:
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Completion of fifteen (15) years - twenty percent (20%)
Completion of twenty (20) years - forty percent (40%)
Completion of twenty-five (25) years - sixty percent (60%)
Completion of thirty (30) years - eighty percent (80%)
D. Employees hired after January 1, 2008, who retire or separate in good standing
from the City will be compensated for the hours, up to 1,190 hours, remaining
in their sick leave bank based upon their tenure as commissioned officers with
the Kent Police Department. Compensation shall be made at the following
percentage of the employee's hourly rate in effect at the time of retirement:
Completion of twenty (20) years - twenty percent (20%)
Completion of thirty (30) years - thirty percent (30%)
E. Incentives earned for 2018 will be paid out on January 20, 2019 payroll, under
the terms of the 2016-2018 KPOA Collective Bargaining Agreement.
Section 6.7. Light Duty
In the event an employee becomes sick or disabled the employer may allow the
LEOFF II member to return to work in a light duty status.
1. A light duty status job may be assigned so as to permit the employee to
continue working within the Department in a duty capacity that the
employee is physically capable of performing in accordance with the
conditions set forth by the employee's physician while continuing to be paid
at the employee's normal rate of salary.
2. Such assignment is contingent upon the medical prognosis of full physical
recovery from the employee's disability within a reasonable period of time.
3. The maximum time that will be allowed for assignment to light-duty status
is sixty (60) days; provided that upon request of the employee and approval
of the employer, the sixty (60) day period may be extended to but in no
case exceed a total period of six (6) months. Consideration of the extension
shall be based upon the medical prognosis of the employee being able to
return to full employment in a reasonable period of time thereafter in
accordance with the advice of a physician retained by the employer.
4. A request for light duty status will be submitted in writing by the employee
to the employer or from the employer to the employee.
5. The City reserves the right to have a City appointed physician determine
the extent of an employee's disability, ability to perform light duty and/or
ability to return to full duty.
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6. Newly hired employees on light duty during their probationary period, see
Section 1.5.4 - Light duty Probation extension for New Hires.
7. Employees on light duty as a result of an on-the-job injury or illness may
receive up to two (2) hours per week of paid administrative leave to attend
a medical or physical therapy appointment related to the on-the job-injury
or illness. The employee may receive up to fifty-two (52) hours annually
for this purpose. Supervisors may allow flexibility in work schedules, to help
lessen the amount of sick leave used by the employee, for attending
medical or physical therapy appointments necessary for on-the-job injuries.
Employees will reasonably attempt to schedule these appointments during
off-duty hours.
ARTICLE 7 - HOLIDAYS
Section 7.1. Holidays Observed
The following holidays shall be considered as holidays for full time employees.
1. New Year's Day
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas
11. *Floating Holiday
Those employees whose job classification requires the traditional work schedule
Monday through Friday (see Section 7.2.H) will observe the holiday the same as non-
represented employees of the City. Memorial Day shall be observed on the last
Monday of May for all employees of the bargaining unit. Employees who do not work
the traditional work schedule (see Section 7.2.H) will observe the remaining holidays
on the actual day of the holiday.
* Purchased holiday
Section 7.2. Holiday Compensation
A. Members of the bargaining unit shall be entitled to a combination of 110 hours
of time off with pay and/or compensation in lieu of time off during each year,
as provided in Section 7.2.13 and 7.2.D.
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B. The individual floating holiday will be purchased. The City will issue a holiday
check to all qualified members of the bargaining unit on or about December 1
of each year for the holiday purchased.
The remaining one hundred (100) hours will be deposited into the employee's
holiday bank and available on January 1st
Members working less than a full calendar year will receive such holiday
compensation in a proportion equal to their employment during the calendar
year. If an employee wishes to take a holiday off, he/she shall be authorized
to use the following leave types: holiday leave bank, comp time or vacation.
Those employees who wish to receive pay for their unused holidays, in addition
to the purchased holiday, will have the option of receiving this pay on an annual
basis and such pay shall be included with the annual "holiday buy-out" check.
Those employees who exercise this option shall submit their request in writing
to the Chief of Police no later than November 15th each year.
Those employees who do not wish to receive pay for their unused holidays may
retain them in their holiday leave bank. The maximum holiday accrual limit
shall be 220 hours. All hours above 220 shall be cashed out automatically
throughout the calendar year. This provision does not prohibit carryover of
holiday hours beyond the maximum limit when exceptional circumstances
exist. Carryovers can only occur when requested by employees in writing and
when approval is granted by the Police Chief and/or the Human Resources
Director. Approval of carryover above the cap is done on a case-by-case basis
and does not serve as precedent for any subsequent requests.
C. Patrol Schedule
Bargaining unit employees who are scheduled to work on one of the holidays
listed in Section 7.1 shall be compensated at the rate of 1-1/2 times the regular
base pay for all hours worked for their shifts that begin on the holiday; except
those officers required to work Thanksgiving or Christmas shall be
compensated at the rate of two times the regular base pay for all hours
worked.
Employees called in to work on one of the holidays listed in section 7.1 who
otherwise would not have been scheduled to work on the holiday (dual
inconvenience), shall be paid at the rate of two times the regular base pay for
all hours worked. At no time will an employee receive more than double time
for any hours worked on a holiday.
D. Traditional Schedule (Non-Patrol)
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Employees authorized to work on one of the observed holidays listed in section
7.1 (except Thanksgiving and Christmas), who otherwise would not have been
scheduled to work on the holiday (dual inconvenience), shall be paid at the
rate of one and one-half times the regular base pay for all hours worked. Those
officers required to work Thanksgiving or Christmas shall be compensated at
the rate of two times the regular base pay for all hours worked. At no time will
an employee receive more than double time for any hours worked on a holiday.
In the event that an employee is required to work on both the observed and
the actual holiday (i.e. Friday July 3 and Saturday July 4th) the employee will
be paid double-time (Dual Inconvenience) for the actual Holiday only.
Example 1: An employee regularly scheduled to work beginning at 1800 hours
on the day before a holiday will be compensated at straight time for their entire
shift.
Example 2: An employee regularly scheduled to work beginning at 1800 hours
on the holiday will be compensated at 1-1/2 times the regular base pay for all
hours worked on the shift (except Thanksgiving and Christmas, which is two
times the regular base rate).
Employees authorized to work beyond the expected shift ending time to finish
non-mandatory paperwork shall be paid at the regular overtime rate of 1-1/2.
However, if they are authorized to work beyond the normal shift on a Holiday
due to staffing reasons, whether by request or volunteer, they shall receive
double time for the extension of the shift.
E. Bargaining unit employees who are required to work on one of the non-
purchased holidays (10 holidays) shall in addition to the provision of "C" above
be entitled to take the holiday off at a later date subject to approval of the
Police Administration.
F. Bargaining unit members whose regularly scheduled day off falls on any of the
non-purchased holidays (10 holidays) shall be entitled to the holiday(s) off at
a later date subject to the approval of the Police Administration. However,
employees whose regularly scheduled day off falls on the purchased holiday
shall not be entitled to a day(s) off at a later date.
G. Employees called in to work on one of the holidays listed in section 7.1 (except
Thanksgiving and Christmas), who otherwise would not have been scheduled
to work on the holiday (dual inconvenience), shall be paid at the rate of two
times the regular base pay for all hours worked on the holiday (0001-2359
hours). At no time will dual inconvenience be paid for any hours not worked
between 0001-2359 of the holiday.
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However, employees required to work grave shift, late swing shift or any hours
from 15:00 to 23:59 hour on Christmas Eve shall also be compensated at the
rate of time and one-half. Additional time off at a later date and dual
inconvenience shall not be provided to employees required to work Christmas
Eve. Employees who are working their regularly scheduled Day shift on
December 241h are not eligible for the time and one-half compensation.
However, employees required to work grave shift, late swing shift or any
hours from 15:00 to 23:59 hour on New Year's Eve shall also be
compensated at the rate of time and one-half. Additional time off at a later
date and dual inconvenience shall not be provided to employees required to
work New Year's Eve. Employees who are working their regularly scheduled
Day shift on December 31s' are not eligible for the time and one-half
compensation.
H. Employees assigned to Patrol Division, defined as non-traditional/ shift work,
which includes Patrol, Traffic, SOU, and SRO, will be allowed to work on
holidays as scheduled. Employees assigned to Detectives, SIU, and NRT will
refer to Section 7.2.I. Those employees not listed previously are considered
to work a traditional/non-shift schedule and will not work on the holidays
listed in Section 7.1. If the employee is authorized to work a non-purchased
holiday, the holiday hours worked will be banked.
Up to two (2) members of the detective unit per holiday may be allowed to
work on the following holidays during their regularly scheduled hours (or from
0800 to 1800 hours), as approved by their supervisor:
1. New Year's Day
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving Day
6. Day after Thanksgiving
7. Christmas
Detectives who are not assigned to work one of the above holidays must utilize
holiday leave hours, if available. If the employee has exhausted their holiday
leave banks, they may draw from their vacation and/or comp time banks to
cover their holiday time off.
G. Approximately 30 days before the holiday, the supervisor shall commence
notifying detectives of their eligibility to work on the holiday. Eligibility to work
on the holiday shall be based on a continuous rotational basis. It shall be the
employee's responsibility to notify the supervisor in a timely manner of his/her
availability to work. Employees who fail to notify their supervisor of their
availability will be passed on the list. Once the holiday assignments are made,
if the scheduled shift cannot be worked by the detective(s) assigned,
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employees assigned to NRT and SIU will be given the opportunity to work the
vacant holiday slot. Once the holiday assignments are made, if the scheduled
shift cannot be worked by the detective(s), or employees assigned to SIU or
NRT, the City is not required to fill the vacant holiday slot.
ARTICLES - EDUCATION ALLOWANCE
Section 8.1. Training and Education Reimbursement Policy
The City recognizes the need to encourage and promote education opportunities for
employees, subject to budgetary limitations.
A. Training. The City will reimburse personnel for costs incurred in receiving
required and/or approved job related training upon satisfactory completion of
such training. Such training must be pre-approved by the Chief, or designee.
Costs eligible for reimbursement include registration, books, and fees
associated with such training. Employees must submit for approval in
accordance with Section 8.2 and for reimbursement in accordance with Section
8.4.
B. Education. Employees who wish to attend classes offered by schools, colleges,
or universities may receive reimbursements upon successful completion ("C"
grade or better) of such if the classes are pre-approved in accordance with the
following:
1. The employee must have successfully passed their initial probationary
period of employment;
2. The employee must not have received any discipline greater than a
written reprimand within the last twelve (12) months;
3. The class(es) must relate to the employee's current position or a
promotional position within the employee's career path;
4. Costs eligible for reimbursement include tuition, fees associated with
such class(es), and fifty percent (50%) of books;
5. If a commissioned officer is attending an accredited State institution,
the officer shall be reimbursed based upon that institution's tuition
schedule. If an officer is attending a non-State supported institution,
the officer shall be reimbursed on the basis of the equivalent state
institution or the University of Washington tuition schedule, whichever
has the lower cost;
6. Commissioned officers who are working in the AA Degree Police Science
Program will be reimbursed for costs of courses in that degree program,
provided the program/school is approved by the Chief and the employee
submits his training plan to the Chief for inclusion in the budget;
7. Education reimbursements for BA degree programs must be approved
by the Police Chief, the Chief Administrative Officer and the Human
Resources Director, or their designees;
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8. Employees who voluntarily separate from employment within twenty-
four (24) months after receiving education reimbursement shall repay
the City for the tuition, books and associated fees paid by the City; and
9. Employees must submit for approval in accordance with Section 8.2 and
for reimbursement in accordance with Section 8.4.
Section 8.2. Training and Education Approval Process
Employees shall submit their request for training and/or education reimbursement
by June 1 of each year for the next calendar year. Their request shall include:
A. Course list;
B. Approximate itemized cost;
C. Whether the course list is required and/or job-related training versus
education classes offered by schools, colleges, universities, or other
training organizations; and
D. Reason for taking the course(s) including how the course(s) relate to
the employee's current position or a promotional position within the
employee's career path.
The Chief will then review the request for training and/or education and approve or
deny the request. Education reimbursement requests for BA degree programs will
also be submitted to the Human Resources Director and the Chief Administrative
Officer for approval. If approved, the total cost of approved training and/or education
requests will be included in the department's annual budget request. Once the
budget is authorized, very few, if any, changes can be made. Interim changes will be
considered by the Chief and acted on only if budget is available.
Section 8.3. Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or
other training organizations must do so during their off-hours. In special cases,
subject to departmental approval, an irregular work schedule may be arranged in
order for an employee to attend courses that are not offered during off-hours. Hours
spent by an employee while attending class or studying for such class during off-
hours, will not be considered compensable hours.
Section 8.4. Reimbursement Procedures
A. If reimbursement is received through outside grant funds, or any other
potential source, including G.I. benefits, then reimbursement shall be primarily
through that source. (Student loans shall not be considered outside funds for
purposes of this section.) City reimbursement shall be secondary for the
remaining unpaid balance of the approved education costs.
B. Upon completion of pre-approved training and/or education classes, the
employee must prepare a request for reimbursement itemizing actual
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expenses incurred and including a copy of the training authorities' certificate
of completion or grade report.
C. Paid receipts for pre-approved training and/or education costs must
accompany the request for reimbursement. The City will reimburse the
employee for only those costs that have been pre-approved and for which paid
receipts are attached to the reimbursement request.
D. Employees requesting reimbursement must submit the request, with the
required documentation, within thirty (30) calendar days following successful
completion of the approved course(s). Requests not received within thirty (30)
days will not be considered for reimbursement, unless good cause is shown.
ARTICLE 9 - ANNUAL LEAVE
Section 9.1. Annual Leave Accrual
A. All members of the bargaining unit shall receive annual leave benefits as follows:
Hours of Leave Accrued
Years of Employment Annually Monthly
1st year 96 hours 8 hours
216 through 4t' year 104 hours 8.67 hours
5th year 120 hours 10 hours
6th through 71h year 128 hours 10.67 hours
8th through 9th year 136 hours 11.33 hours
loth year 144 hours 12 hours
1lth through 14th year 152 hours 12.67 hours
15th year 168 hours 14 hours
16th through 19th year 176 hours 14.67 hours
loth through 22nd year 184 hours 15.33 hours
23rd through 25th year 192 hours 16 hours
26th year and thereafter 198 hours 16.5 hours
B. In an effort to attract, recruit and retain qualified Police Officers, the City may
offer new hire officers a lump sum of annual leave hours. This offer shall be
made at the Chief's sole discretion and shall not set precedence for future
hiring. This lump sum leave shall be treated like annual leave for scheduling
and leave use purposes in accordance with the provisions of this Agreement
and City Policy. If the employee separates from employment prior to
completing his or her probationary period as identified in Subsection 1.5.1 of
this Agreement, this lump sum, or any remaining portions thereof, shall have
no cash out value. After the employee has passed probation, any remaining
lump sum hours will be transferred to the employee's annual leave bank and
shall be eligible for cash out at separation.
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Section 9.2. Scheduling Annual Leave
Annual leave shall be granted to the employee within the following guidelines.
A. Each shift will have three (3) slots available for leave usage for vacation,
holiday or compensatory time. Two (2) of the three (3) slots will be guaranteed
if the leave requests are submitted, either through the seniority vacation bid
process or otherwise, at least thirty (30) days in advance of the annual leave
usage dates. The third slot will be approved if no overtime is needed or if the
required overtime slot is filled.
B. Exceeding the maximum number of slots off per shift may be authorized by
the Division Commander, or designee.
C. This also does not preclude the supervisor from approving annual leave
requests above the maximum limits if such leave use does not result in
overtime and staffing levels are not adversely affected.
D. For the purposes of annual leave, early and late swing shifts will be recognized
as one shift. Days and graves will each be recognized as separate shifts. Both
side A and side B are separate from each other.
Section 9.3. Vacation Priority
A. Vacation Bid System.
There shall be two (2) designated periods for seniority based vacation bids.
The first vacation bid period shall be from November 1 to November 30. This
bid shall allow employees to bid for and secure, by seniority, vacation dates
within the February through July shift rotation of the following calendar year.
Vacation requests from this bid period shall supersede all other vacation
requests for time off during the February through July rotation.
The second bid period shall be from May 1 to May 31. This second bid shall
allow employees to bid for and secure, by seniority, vacation dates from the
August through January shift rotation. Vacation requests received during this
bid period shall supersede all other vacation requests for time off during the
August through January rotation.
B. Vacation requests received outside of the seniority bid periods will be approved
within the following provisions:
1. Leave requests with at least thirty (30) days advance notice shall be
recognized and approved (in accordance with Section 9.2) according to the
date the request was received by the supervisor.
2. Leave requests submitted with less than thirty (30) days notice shall be
approved (in accordance with Section 9.2) in the order that any necessary
staffing coverage is secured. It is the responsibility of the employee to
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ensure that any necessary staffing coverage is filled prior to approval of
their leave request.
C. Due to the department's need to have sergeants and officers available to staff
Cornucopia Days and Splash, the dates of these functions will be "blacked out"
and leave will not be approved during these times until minimum department
staffing requirements are met (in accordance with Section 9.2). If an
employee's regular day(s) off fall during these functions, and they are
requested to work, they will not be expected to adjust their schedule to avoid
overtime.
D. Scheduling of vacation shall not be contingent upon vacation scheduling for
civilian employees.
Section 9.4. Maximum Accrual
Employees can maintain two times their annual accrual rate of annual leave. Annual
leave will be audited on December 31 of each year. Employees may exceed the
maximum accrual limit on January 1 of the following calendar year, but it is the
employee's responsibility to ensure that accrued annual leave hours are at or below
the maximum accrual limit by December 31 of the following year. Compensatory and
Holiday accumulation and use are considered separate from annual leave accrual and
use.
The City will schedule annual leave so as to maximize the opportunity for employees
to utilize annual leave so they may comply with the maximum accrual limit.
These provisions do not prohibit carryover of annual leave hours beyond the
maximum limit when exceptional circumstances exist. Carryover can only occur when
requested by employees in writing and when approval is granted by the Police Chief
and/or the Human Resources Director. Approval of carryover is done on a case-by-
case basis and does not serve as precedent for any subsequent requests.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by
applicable Washington State Statute.
ARTICLE it - BEREAVEMENT
Employees shall be entitled to use bereavement leave in accordance with City Policy.
ARTICLE 12 - MANAGEMENT RIGHTS
Section 12.1. General Management Rights
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The Association recognizes that an area of responsibility must be reserved to
management if it is to function effectively. In recognition of this principle, it is agreed
that the following responsibilities are not subject to collective bargaining and are
management responsibilities of the City. Unless specifically modified by sections in
this Agreement, management retains the exclusive right to:
A. Determine the management organization, the selection, retention, and
promotion for occupations not within the scope of this Agreement.
B. Direct employees of the City in the performance of their official duties.
C. To hire, evaluate, promote, transfer, assign, and retain employees in
positions in the City, and to suspend, demote, discharge, or take other
disciplinary action against such employees for just cause.
D. To determine the use of technology, equipment, methods, means, and
personnel by which departmental operations are to be conducted.
E. To prescribe uniform dress to be worn by certain officers or employees.
F. To take whatever actions may be necessary to carry out police functions
in emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations entrusted to
management.
I. To determine and administer policy.
The above listing of specific management rights is not intended nor shall be
considered restrictive of, or as a waiver of any rights of the City not listed herein.
Such inherent management responsibilities are not subject to arbitration and shall
remain exclusively with the City except as they may be shared with the Association
by specific provisions of the Agreement.
Section 12.2. Volunteers and Teml2orary Employees
The Association and the City have historically worked together to resolve issues
related to the use of volunteers and temporary part-time employees. The parties
desire to retain this cooperative spirit, and agree upon the following general
principles:
A. The City will not hire any temporary part-time employees to work within
the bargaining unit without obtaining written agreement from the
Association;
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B. The City may continue to use volunteers for records filing at the training
center, for pawn shop data entry and crime prevention; and
C. The Association is the bargaining representative for the personnel
assigned to the oversight of the volunteers; and
D. The Association recognizes that the City may want to use other
volunteers, or temporary employees as the needs of the City change
due to growth in geographical size, population, and etc. Whenever such
changes would affect the wages, hours and working conditions of the
Association's membership, the City must bargain with the Association
before using volunteers or temporary employees to do work currently
done by Association members. While the Association agrees to give such
proposals careful consideration and bargain in good faith, the
Association is not required to enter into any such agreement. In the
event the parties are unable to reach agreement, either party may
request expedited interest arbitration, to be governed by the provisions
of RCW 41.56.430.
ARTICLE 13 - PERFORMANCE OF DUTY
Section 13.1. Non-Strike Provisions
Nothing in this agreement shall be construed to give an employee the right to strike.
No employee shall strike or refuse to perform his assigned duties to the best of his
ability. The Association agrees that it will not condone or cause any strike, slowdown,
mass sick call, or any other form of work stoppage or interference to the normal
operation of the Kent Police Department.
Section 13.2. Performance of Duty
It is agreed that all members of the bargaining unit shall perform all functions and
duties required by laws of the State of Washington, ordinances of the City of Kent,
and Civil Service rules and regulations and operating policies of the department.
ARTICLE 14 - CONFERENCE BOARD/COMMUNICATIONS
Section 14.1. Conference Board
There shall be a department conference board consisting of three (3) members
named by the Association and three (3) officers of the department named by the
Chief. The Chief, or a representative, shall sit as one of the three (3) officers to the
maximum extent practical, but any of the six (6) members may be replaced with an
alternate from time to time. A representative of City Administration may be requested
to attend conference board meetings at the discretion of either party. The conference
board shall meet as mutually determined and shall consider and discuss matters of
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mutual concern pertaining to the improvement of the department and the welfare of
the employees.
The purpose of the conference board is to deal with matters of general concern to
members of the department as opposed to individual complaints of employees.
Accordingly, the conference board shall not discuss grievances properly the subject
of the procedure outlined in Article 15, except to the extent that such discussion may
be useful in suggesting improved department policies. Either the Association
representatives or the City representatives may initiate discussion of any subject of
a general nature affecting the operations of the department or its employees. An
agenda shall be prepared and distributed in advance of each meeting and minutes
shall be kept.
Section 14.2. Communications with the Chief Administrative Officer
The Association and City agree that areas of general concern not specifically
mentioned in this contract may arise. Such concerns may be related to interpretation
of procedures, changes in policies, working conditions, etc., that may generally affect
employees or City rights and responsibilities. Acknowledging that such concerns could
arise and further that such concerns are of a nature that they should not properly be
considered under the Grievance Article of this agreement, the following procedure
shall be established to allow either the City or Association to directly address issues
or questions of concern.
A. The coordinators of this procedure shall be the Association Chairperson and
Chief Administrative Officer, or their designees.
B. Meetings may be initiated by either the City or Association by request. A
mutually agreeable meeting time and place will be set. Representatives of
police administration and Human Resources shall be allowed to attend the
meeting.
C. A proposed agenda of items to be discussed shall be prepared and distributed
in advance of a proposed meeting. Statements, fact-finding results, etc.,
should be available in writing for review in order to explain or clarify areas of
concern.
D. Minutes of each meeting shall be kept.
ARTICLE 15 - GRIEVANCE PROCEDURE
Section 15.1. Grievance Definition
Any dispute between the Employer and the Association or between the Employer and
any employee covered by this Agreement concerning the application, claim of breach
or violation of the express terms of this Agreement shall be deemed a grievance.
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Section 15.2. Representation During Grievances
Grievances processed through Step 3 under Section 15.5 below of the grievance
procedure shall be heard during normal City working hours unless stipulated
otherwise by the parties. Employee representatives involved in such grievance
meetings during their normal City working hours shall be allowed to do so without
suffering a loss in pay.
Section 15.3. Exceptions to Time Limits
Any time limits stipulated in the grievance procedure may be extended by mutual
agreement in writing. Failure by the Association and/or employee to comply with any
time limitation in this Article shall constitute withdrawal of the grievance. Failure by
the Employer to comply with any time limitation in this Article shall allow the
Association and/or the employee to proceed to the next step without waiting for the
Employer to reply at the previous step.
Section 15.4. Class Action
A grievance in the interest of a majority of the employees in a bargaining unit shall
be reduced to writing by the Association (containing all information referenced in
Step 1 below) and may be introduced at Step 3 of the grievance procedure and be
processed within the time limits set forth herein.
Section 15.5. Steps and Time Limits
A grievance shall be processed in accordance with the following procedure, however
by mutual written agreement, the parties can modify the timelines and steps below
on a case by case basis.
Step 1 A grievance shall be reduced to writing and presented by the aggrieved
employee and/or the Association representative within fourteen (14)
calendar days of when the employee knew or should have known of the
alleged contract violation to the employee's immediate supervisor. The
written grievance shall contain the section(s) of the Agreement allegedly
violated, the nature of the alleged violation and the remedy sought. The
parties agree to make every effort to promptly settle the grievance at
this stage. The immediate supervisor shall answer the grievance within
ten (10) calendar days after being notified of the grievance.
Step 2 If the grievance is not resolved as provided in Step 1, it shall be
forwarded to the appropriate Division Commander by the aggrieved
employee or Association representative within ten(10) calendar days.
The Division Commander shall answer the grievance within 10 (10)
calendar days.
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Step 3 If the grievance is not resolved as provided in Step 2, it shall be
forwarded by the aggrieved employee or Association representative to
the Police Chief with a copy to the City Human Resources Director within
fourteen (14) calendar days after the Step 2 answer. The Police Chief
shall convene a meeting within fourteen (14) calendar days after receipt
of the grievance between the aggrieved employee and Association
representative, together with Department representatives as
designated by the Chief. The City Human Resources Director or a
designee may attend said meeting. Within fourteen (14) calendar days
after the meeting, the Police Chief shall forward a reply to the
Association.
Step 4 If the grievance is not resolved as provided in Step 3, or if the grievance
is initially submitted at Step 3 pursuant to Section 15.4, the grievance
shall be forwarded within fourteen (14) calendar days after receipt of
the Step 3 answer. Said grievance shall be submitted by the Association
to the Chief Administrative Officer with a copy to the Police Chief. The
Chief Administrative Officer or a designee shall investigate the grievance
and, if deemed appropriate, shall convene a meeting between the
appropriate parties. The Chief Administrative Officer shall thereafter
forward a written reply within fourteen (14) calendar days after receipt
of the grievance or the meeting between the parties.
Step 5 If the grievance is not settled in Step 4, either of the signatory parties
to this Agreement may refer the grievance to arbitration. Within thirty
(30) calendar days of the Step 4 response, the party seeking arbitration
shall submit a letter to the opposing party indicating their intent to
arbitrate and requesting the selection of an arbiter.
Cases that are referred to arbitration shall be accompanied with the
following information.
a. Identification of section(s) of the Agreement allegedly violated;
b. Nature of the alleged violation; and
C. Remedy sought.
The City (through its Chief Administrative Officer or designee) and the
Association may select a third disinterested party to serve as an
arbitrator. In the event that the parties are unable to agree upon an
arbitrator, the arbitrator shall be selected from a list of nine (9)
Washington and Oregon arbitrators obtained from the Federal Mediation
and Conciliation Services, each party alternately striking a name from
the list until only one name remains.
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Section 15.6. Arbitrator's Authority
In connection with any arbitration proceeding held pursuant to this Agreement, it is
understood as follows:
1. The arbitrator shall have no power to render a decision that will add to,
subtract from, alter, change, or modify the terms of this Agreement.
The arbitrator's power shall be limited to the interpretation or
application of the express terms of this Agreement, and all other matters
shall be excluded from arbitration.
2. The decision of the arbitrator shall be final, conclusive and binding upon
the City, the Association, and the employee(s) involved.
3. The cost of the arbitrator shall be borne equally by the City and the
Association, and each party shall bear the cost of presenting its own
case.
4. The arbitrator's decision shall be made in writing and shall be issued to
the parties within thirty (30) calendar days after the case is submitted
to the arbitrator.
5. Any arbitrator selected under Section 15.5, Step 5 of this Agreement
shall function pursuant to the rules and regulations of the Federal
Mediation and Conciliation Services unless stipulated otherwise in
writing by the parties to this Agreement.
Section 15.7. Election of Remedies
Actions subject to appeal through either this contract grievance procedure or
pertinent Civil Service appeal procedures must follow either the grievance procedure
contained herein or pertinent procedures regarding such appeals to the Civil Service
Commission, including applicable deadlines. Under no circumstances may an
employee use both the contract grievance procedure and Civil Service Commission
procedures relative to the same action. An election between those procedures shall
be made within thirty (30) calendar days of the filing of the grievance or the
commencement of the Civil Service hearing, whichever comes first. The Employer
shall endeavor to accommodate the work schedule of employees who are the subject
of a Civil Service hearing or grievance arbitration, provided that the Employer is not
required to alter the schedule of any employee to make this accommodation.
Section 15.8. Retroactivity
Arbitration awards or grievance settlements shall not be made retroactive beyond
the date of the occurrence or nonoccurrence upon which the grievance is based, that
date being ten (10) working days or less prior to the initial filing of the grievance.
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ARTICLE 16 - POLICE OFFICERS' BILL OF RIGHTS
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 employee for just cause.
The investigation of complaints of misconduct by any officer will be handled in
accordance with Kent Police Department Policy and Procedures Manual (Standards)
and this agreement. This Agreement shall control in the event of a conflict between
the Standards and this Agreement.
Section 16.1. Bill of Rights
In an effort to ensure that investigations made by an officer 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, the employees shall be entitled to the
protection of what shall hereafter be termed the "Police Officers Bill of Rights" as
follows:
A. Upon notification that he/she is the subject of an internal investigation, the
employee shall be informed, in writing, of the items set forth below. Said
notification shall occur at least twenty-four (24) hours before the employee is
interviewed in the subject investigation.
• That the employee is considered a subject of the internal investigation,
• The nature and a summary of the allegation(s), as well as the date and
location that the alleged conduct occurred;
• 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);
• The name of the complainant or the victim; provided, that in the event the
employee is suspected of committing a criminal offense, disclosure of the
identity of the complainant or the victim may be withheld in the event
disclosure would jeopardize the safety of the complainant or victim;
• The employee's right to have a KPOA representative present during the
interview. In addition the employee shall be afforded an opportunity and
facilities to contact and consult with a KPOA representative and its attorney
prior to the interview.
• The name of the officer(s) in charge of the investigation and the name of
the officer who will conduct the interview. If the person conducting the
investigation and/or interview is not a Kent Police Department employee,
then his/her place of employment will also be provided.
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B. The interview of an employee shall be at a reasonable hour, preferably when
the employee is on duty, unless the exigency of the interview dictates
otherwise.
C. At the cost of the requesting party and in accordance with Chapter 9.73 RCW,
the employee who is the subject of an internal investigation or the City may
request that the interview be recorded, either mechanically or by a
stenographer. In the event the interview is recorded, there shall be no "off-
the-record" questions. Upon request, the employee under an 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.
Employees interviewed as witnesses shall also be entitled to an exact copy of
any written statement he/she has signed.
D. Interviews shall be completed within a reasonable time and shall be performed
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.
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
or her for not taking this examination. This provision shall not apply to the
initial application process for employment.
F. Any employee who becomes the subject of a criminal investigation shall have
all rights accorded by the state and federal constitutions and Washington law.
During an investigation in which an employee has been advised of his/her
Garrity warnings, 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 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.
H. The Association recognizes the administration's effort to improve procedures
involving complaints against its members. In an effort to ensure that these
procedures are accomplishing their goals, there will be an annual review of the
procedures in a meeting between the Association and the department's
administration.
I. The City shall not require employees who are subject of an investigation to be
subjected to visits by the press or news media; nor shall their home addresses
or contact information be given to the press or news media without the
respective employee's consent (unless otherwise compelled by law).
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3. Upon completion of the investigation, the employee under investigation shall
be promptly informed of the results of the investigation, i.e., whether the
complaint is preliminarily determined to be unfounded, exonerated, not
sustained, or sustained. If the preliminary findings of the investigation are
that the complaint should be sustained, or other misconduct found, the
employee and his or her KPOA representatives shall be furnished a complete
copy of the investigation report and file prior to making a final decision and
sufficiently in advance of any Loudermill Hearing.
Section 16.2. Psychological Evaluations
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, in
the least intrusive manner as possible, and in a manner as to protect the employee's
right to privacy.
1. Conditions Under Which Evaluations Will Take Place
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 Association. In the event
the City and the Association do not reach agreement on an appropriate
list, the City may select a doctor of its choosing. The employer may refer
the employee to the selected doctor for evaluation.
2. Any relevant medical history of the employee which the examining doctor
requests shall be released by the employee only to the examining doctor.
3. Whenever an employee is directly involved in an incident which results in
a fatality, the employee will be required to have a psychological
assessment and counseling prior to returning to full duty. Employees who
are indirectly involved in such fatal incidents are encouraged to seek
psychological assessment and counseling. The City will continue to pay
for these visits.
2. 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
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duty but needs modified work conditions and/or continued treatment, the
doctor will indicate what modifications and/or treatment are necessary and the
extent and projected duration of the modification and/or treatment plan. The
employee shall follow the prescribed treatment plan. The doctor will keep all
data that has been made available to him or her confidential and not release
it to any party except the employee. Modified work conditions may include
light duty assignments as provided in Section 6.7.
C. If the employee is referred back to work by the doctor, but the employer still
has reasonable suspicion that the employee remains psychologically unfit to
perform the job, employer may again refer the employee back to the original
evaluating doctor for psychological evaluation per Subsection A.1. of this
Section.
D. As used in this section, "doctor" refers to a psychologist or psychiatrist.
E. This section shall not be interpreted to limit the City's or employee's rights,
obligations, or access to information under the rules and regulations applicable
pursuant to the Americans with Disabilities Act, Family Medical Leave Act, or
Worker's Compensation statutes.
ARTICLE 17 - COMPENSATION
Section 17.1. Salaries
Police Salaries - MONTHLY
Required Months
Police Class (Steps) 12/31/18 in Each Steo
Recruit (A) $5,464 * See Section 17.2
Probation Officer (B) $5,653 12 months
Patrol Officer 4 (C) $5,934 12 months
Patrol Officer 3 (D) $6,276 12 months
Patrol Officer 2 (E) $6,673 12 months
Patrol Officer 1 (F) $7 114
Sergeant $8,423
Police Salaries - HOURLY
Required Months
Police Class (Stets) 12/31/18 in Each Steu
Recruit (A) $31.523 * See Section 17.2
Probation Officer (B) $32.613 12 months
Patrol Officer 4 (C) $34.235 12 months
Patrol Officer 3 (D) $36.208 12 months
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Patrol Officer 2 (E) $38.498 12 months
Patrol Officer 1 (F) $41.042
Sergeant $48.594
The above salary schedule represents the following:
A. Effective January 1, 2019, all officers in the bargaining unit shall receive a 4.50/0
wage increase and sergeants shall receive a 6% wage increase.
B. Effective January 1, 2020, all officers and sergeants in the bargaining unit shall
receive a wage increase of 100% of Seattle-Bellevue-Everett CPI-W, June, with a
minimum of 1% and a maximum of 4.25%.
C. Effective January 1, 2021, all officers and sergeants in the bargaining unit shall
receive a wage increase of 100% of Seattle-Bellevue-Everett CPI-W, June, with a
minimum of 1% and a maximum of 4.25%.
Section 17.2. Salary Plan
A. Employees shall be placed at the "Academy (A)" step while attending the Police
Academy,
B. With successful completion of the Police Academy, the employee shall be
moved to the "Probationary Officer (B)" step effective the first of the month
following such academy completion.
C. Each subsequent step increase will be made at the completion of each
cumulative twelve (12) month service period completed until the employee
reaches the top of the pay scale - "Patrol Officer 1 (step F)".
D. The only exceptions shall be those provided by Civil Service, wherein education
or prior police experience or training, allow employees to be hired at salary
steps higher than step B.
Section 17.3. Premium Pay
A. Premium pay of four percent (4%) 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;
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7. Hostage Negotiator;
8. Neighborhood Response Team (NRT)
9. Recruitment Officer; and
10. Administrative Sergeant.
11. School Resource Officers
12.Civil Disturbance Unit Team Members
13.Training Unit Staff
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. Any officer who is temporarily assigned to perform duties of a Sergeant shall
be paid at the base hourly rate of pay of a Sergeant as expressed in Section
17.1 but only 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.
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
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or Assistant Chief. The pay required of this subsection shall be the base salary
of the Commander position as expressed in the Assistant Chief's and
Commanders Collective Bargaining Agreement (currently Section 16.1 of the
Assistant Chief's and Commander 2016-2018 Collective Bargaining
Agreement), converted to a base hourly rate of pay (annual salary of a
Commander divided by 2080),In addition he/she shall retain all benefits, to
include eligibility for overtime, as are provided for in the Sergeant and Police
Officer 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 the working out of classification in accordance with
Section 17.4 will be included in the calculation of longevity and education incentive
pay.
Subsection 17.5.1 Longevity Pax
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 piiy
5 years Two percent (2%)
10 years Four percent (4%)
12 years Four and One Half (4.5%)
15 years Six percent (6%)
20 years Nine percent (9%)
25 years Eleven percent (11%)
30 years Eleven and one half percent (11.5%)
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 Pgr
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Associate (AA) Three percent (3%)
Bachelor (BA or BS) Five percent (5%)
There shall be no Qvramiding of educational incentive pay Section 17.6.
Effective Date of Compensation increases
The effective date for all increases in compensation shall be the first day of the month
of the employee's anniversary or when otherwise eligible.
Section 17.7. Clothing and Equipment
A. The City shall furnish employees with clothing and equipment necessary to
enable them to perform their assigned duties. The jumpsuit shall be equivalent
to a mid-weight Blumenthal's jumpsuit. New officers may elect to purchase a
jumpsuit upon hire and will be reimbursed upon successful completion of the
FTO program.
A labor-management committee, consisting of two representatives from both
labor and management, shall be formed upon signing of the CBA to provide
oversight and standards for uniform issuance.
B. Necessary articles of equipment may include, but are not limited to, flashlights,
batteries, notebooks, computers, pens/pencils and other necessary minor
articles of equipment of the nature specified herein. In addition, this includes
any safety equipment which might be formally recommended by the police
administration and funded with the Police Department budget.
C. The City will repair damage to clothing or equipment which is due to normal
wear and tear in service. Unusual repairs required to be made because of
neglect or abuse by the employee shall be paid for by the employee
responsible.
D. Cleaning and laundry of uniforms supplied by the City shall be the responsibility
of the employee. Approved accessories to the uniform, which are optional in
nature, shall be provided by the employee according to personal preference.
E. Employees who suffer a loss or damage to appropriate personal property
and/or clothing in the line of duty may be reimbursed for such loss or damage
by the City in an amount up to $300.00 per occurrence. However, employees
are generally expected to use reasonably priced personal property/accessories
(within $50) while on duty. If the officer chooses to carry personal property
that is worth more than $50.00, it is understood that the employee may only
be reimbursed for up to $50.00 of its value unless reimbursement for the
higher priced property is approved by Police Administration.
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F. Officers who are normally assigned to the Detectives, SIU, Crime Prevention,
Training, or other assignments as designated by the Chief where civilian
clothing is appropriate will be allotted:
1. Seven hundred dollars ($700) per year, less applicable taxes as required
by the US Internal Revenue Service, which will be paid on the first
paycheck in February for civilian clothing. This allowance is to be used
for the purchase of business attire or dress shoes for work or to cover
the cost of dry cleaning such attire.
Section 17.8. Compensation for Training
A. The employee agrees to waive any overtime compensation due him/her as a
result of attending the Washington State Basic Law Enforcement Academy,
unless otherwise provided for under F.L.S.A.
B. While attending "basic academy," the employee shall be relieved of all police-
related duties, provided that if an employee is required by the City to perform
police duties in addition to attending "basic academy," the employee shall be
compensated pursuant to Section 4.2.
C. The City agrees to compensate pursuant to Section 4.2 any employee for
training time which is a result of an employee's required attendance at any
symposium, seminar, or training school.
Section 17.9. Timely Compensation
Subsection 17.9.1. Current Payroll
Employees will receive their pay by direct deposit or a pre-paid debit card. For
employees who participate in either pay option offered by the City for automatic
deposit of paychecks to the banking institution of the Employee's choice, it is agreed
that the timeliness of having funds available by 12:00 (noon) of any given payday
can no longer be guaranteed by the City.. Employees who participate in these
programs do not have a 12:00 (noon) guarantee insofar as the banking transfer
network system is concerned. It is mutually understood that the City has no control
of the timeliness of funds being available once transmitted electronically. However,
it is also understood that normal paydays do occur on the 5th and the 20th of each
month and that the City will initiate the electronic transfer of employee pay on the
4th and 19th of each month to employee accounts.
Subsection 17.9.2 Potential Payroll Change
Both parties see the benefit of discussing changes to the current payroll processing
dates/procedures to provide more timely and accurate pay checks.
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Once the City has consensus from all bargaining units within the City to participate,
a committee may be formed to meet and discuss ways to enhance the payroll
process. The city wide committee shall be comprised of two representatives from
each of the bargaining units and the non-represented employees. Final
recommendation(s) of this committee regarding payroll process changes will then be
taken back to the Union membership for ratification.
Section 17.10. Deferred Compensation
A. The City will contribute three percent (3%) of a top step Police Officer's annual
base pay to each bargaining unit member's 457 deferred compensation
program.
B. The City's total annual maximum contribution will be calculated based on the
pay rate effective January 1 each year, and that amount will then be divided
and contributed over the twenty four (24) pay periods in the year. The
employee will make their participation choice within a two-week annual
enrollment period as designated by Human Resources. Changes to the
employee's portion of Deferred Compensation contributions may be made mid-
year, but the City's contribution will be set during the designated open
enrollment period.
C. New hires will be eligible to commence participation in the deferred
compensation program based on their date of hire. If an employee is hired
between the 1st and 7th or the 16th and 22nd of the month, the employee will
be eligible for the full amount for that pay period if he or she meets the
criteria as stated in B above. If an employee is hired between the 8th and
15th or the 23rd and the end of the month, the employee will not be eligible to
participate in the program until the following pay cycle.
The designated open enrollment period for a new hire for the initial
employment year shall be the employee's first two weeks of employment
with the Kent Police Department.
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
Section 17.12. Bilingual Pay
The City recognizes the benefits of bilingual skills. The Police Chief shall determine:
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1. The language(s) and level of language proficiency to be eligible for bilingual
pay;
2. The testing or methodology used to determine proficiency; and
3. The number of bilingual officers (in each qualifying language) needed by the
department.
Employees eligible for bilingual pay, as approved by the Police Chief, shall receive
one hundred dollars ($100.00) per month in recognition of their language skills.
Section 17.13. Instructor Pay
The Police Chief shall designate staff to each instructor position. Employees
designated to instructor positions shall receive seventy-five dollars ($75.00) per
month per position in recognition of the training hours and/or certifications required
to maintain instructor eligibility. The following is the list of established instructor
assignment positions:
1. Firearms;
2. Defensive Tactics;
3. Motorcycle;
4. Emergency Vehicle Operations Course; and
5. Drug Recognition Expert/Field Sobriety Testing Expert.
Section 17.14. Physical Fitness
To encourage employees to maintain a healthy lifestyle and physical fitness, the
city will conduct a physical fitness test. In order to earn the incentive, the employee
must participate in the this incentive program as follows:
1. Employees will participate in the city's wellness program and
achieve a gold level by December 315t of the incentive year.
2. Employees will successfully complete the Physical Agility Test (PAT)
twice (2) during the incentive year.
3. Payment of the $500 incentive for employees who passed the
examination during the year and achieved Gold level, will be made
once a year on the January 20th pay check of the following year;
and
4. Probationary Employees who pass the physical fitness tests but are
separated from employment prior to December 315t of that year will
not be eligible for the incentive payment.
The PAT will be a design that is approved by the Chief of Police.
Section 17.15. Recruiting Incentives
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The following provisions will apply to the Recruiting Incentive Program:
The purpose of these monetary incentives is to assist in the recruitment and hiring
of entry level and experienced police officers (i.e. lateral officers) into the
Department.
A. Officer Referral Incentive
• The Recruiting Incentive is $1,000 for an entry level police officer, and $2,000
for a qualified lateral police officer, less all applicable payroll taxes and
deductions.
• To qualify sworn personnel for the Recruiting Incentive, the police officer
candidate referred must be successful in the Civil Service hiring process and
must have received and accepted a final offer of employment. A conditional
offer of employment does not qualify the referring police officer for the
Recruiting Incentive.
• Upon receipt of a completed and timely Personnel Change Request form (PCR),
the effective date of which will be the date of hire for the recruited officer, the
Recruiting Incentive will be processed for payment on the next regular pay
date. If the PCR is received after the PCR cut-off date, the Recruiting Incentive
will be processed for payment on the next following pay date. The following
sworn personnel are not eligible to receive the Recruiting Incentive: police
officers assigned as Recruiting Officers (including the Recruiting Officer,
Background Investigators and the first line supervisor for the recruitment
unit); and police officers who recruit a candidate from a Department
sanctioned event (i.e., job fair or PST testing event).
• Department Administration shall routinely examine the effectiveness of this
incentive program.
Recruitment of current City of Kent Corrections Officers into the Corrections Officer-
to-Police Officer program are excluded from this Recruiting Incentive
B. Lateral Officer Hiring Incentive
1. The following qualifications must be met in order for a lateral recruit to qualify for
the incentive pay:
• At the time an offer of employment is extended, the recruit must be currently
employed as a law enforcement officer with a city, county or state law
enforcement agency.
• The recruit must meet the minimum requirements for admission to the
Equivalency Academy as described by the Washington State Criminal Justice
Training Center.
• The recruit must have successfully completed FTO/PTO and successfully
completed probation with the candidate's current agency.
2. The total amount of the hiring incentive will be $10,000, less applicable taxes from
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the Internal Revenue Service or other required deductions, and will be payable in two
equal installments. The first installment of $5,000 will be paid on the first pay period
of the recruit, and the second installment of $5,000 will be paid during the pay period
following successful completion of any probationary period. The second installment
shall not be issued to any lateral recruit who does not successfully complete the
probationary period.
3. As a condition of acceptance of the first installment of the lateral incentive,
probationary lateral officers agree to repay the City the amount received ($5,000) if
they voluntarily separate from employment with the City within the probationary
period. The lateral recruit that receives the incentive payment will sign an
acknowledgement they understand they will repay the City under this condition, that
the City may use a lien against salary in order to obtain repayment, and that if the
debt is not collected in full, the remaining balance may be sent to a third party
collections agency.
Police Administration shall continually examine the effectiveness of these incentive
programs.
While the parties agree to the above incentive program, the KPOA also specifically
agrees that the incentive program may be terminated or altered at the sole discretion
of the Police Chief, and such termination or alteration is considered a management
right. Furthermore, the above shall not set a precedent with regard to the amount,
qualifications, and structure of payout of this incentive, which is within the Police
Chief's management right to determine. The KPOA also agrees that this incentive
program is for the sole purpose of attracting lateral recruits to the Kent Police
Department, and shall not be utilized as a basis for seeking additional salary for its
members.
ARTICLE 18 - INSURANCE COVERAGE
Section 18.1. Health Care Insurance
Subsection 18.1.1. Plans Offered
For the term of the contract, the following health care plans will be offered to
bargaining unit members:
A. Premera Blue Cross, $15 copay Plan;
B. Kaiser Permanente (HMO), with copays for office visits and prescription
drugs;
C. Health Savings Account (HSA) and High Deductible Health Plan; and
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D. 80/20% Traditional Plan.
If an employee elects option C or D above, the employee will no longer be eligible
to select option A in the future.
Subsection 18.1.2. Employee Coverage
Employees in the bargaining unit shall receive a fully paid health care plan as noted
in subsection 18.1.1 above underwritten by a company who provides such insurance
nationwide. The monthly premium cost shall be paid by the City. Employees are
responsible for deductibles and copays.
Subsection 18.1.3. Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the plans
offered by the City.
A. For employees who select the $15 copay (PPO) plan or the Kaiser Permanente
Plan, the employee shall pay fifteen percent (15%) of the dependent's portion
of the monthly premiums, of the selected plan, to a maximum of one hundred
and sixty dollars ($160.00) per month.
B. Employees who select the 80/20% Traditional Plan shall pay for their
dependents' portion of the monthly premiums at the same rate as non-
represented employees.
If in the future, the Association can prove, through court documents, that the City's
practice of charging a higher employee dependent premium for one plan over the
other to be illegal, both parties agree to reopen this Health Insurance Section of the
contract with the intent of negotiating terms to comply with court requirements.
Subsection 18.1.4. HSA Funding
For employees who select the Health Savings Account (HSA) with the High
Deductible Health Plan (HDHP) who wish to receive city funding must participate in
the Wellness program. Employees will have until December 31St to earn wellness
points to receive the following HSA Funding. Employees who achieve Gold will
receive $1,500, those that achieve Silver will receive $1,000, and those that
achieve Bronze will receive $500. The funding an employee achieves will be front
loaded to the HSA account on the January 20th payroll check of the following year.
New hires will be prorated for their hire date at the gold Wellness level applicable to
that year.
Subsection 18.1.5. Retiree Medical Savings Plan
The KPOA will establish a Health Retirement Account (HRA) Voluntary
Employees' Beneficiary Association (VEBA) to reimburse out-of-pocket medical care
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costs, as defined by the IRS, for eligible future retirees and their dependents. The
K P O A and the City will work together to determine the administration of this fund,
including any administrative details related to it.
This program will remain in place for the length of this contract and will discontinue
effective December 31 , 2021 . The City and KPOA will continue to work towards
establishing a program that is able to be integrated into the contract.
At the expiration of this contract, the City and KPOA will evaluate the program's
effectiveness and financial sustainability, and may modify the program or discontinue the
program at either party's discretion. The parties agree to reopen for the purpose of
negotiating plan design.
Eligibility
Kent Police officers will be eligible after attaining a minimum of 68 points, based on
a combination of age plus years of service, where one point is awarded for each year
of age and one point for each year of service. To be eligible, the employee must be
at least 53 years old, but not to exceed the age of 54 plus one month, and must retire
no later than one month after turning 54 years old. A minimum of 15 years of service
must be completed as a Kent Police Officer or Sergeant. The eligibility score is
calculated based on the employee's intended retirement date.
The city agrees to review additional employees over the allotted three positions, per
year, on a case-by-case basis, which shall not be precedent-setting.
Employees who wish to be eligible for this benefit in 2019 must declare their intent to
retire by April 30th,2019, to determine seniority and eligibility. On May 1st, a list will be
compiled by KPOA and those retirees with the most points will be identified and
informed of their eligibility for the benefit.
For the life of this contract, the age cap on eligibility will be waived.
Benefit
The three employees with the highest eligibility points, upon retirement in good
standing, will be enrolled in the KPOA HRA VEBA and will receive a stipend of $800
per month. The stipend payment will begin on the first month of retirement and end
the month they turn 65 years of age.
Once an employee is enrolled in the VEBA program, they will remain enrolled until
the month they reach 65 years old, regardless of changes in the contract.
Enrollment
Employees who wish to be eligible for this benefit must declare their intent to retire
by June 30th of the year prior to retirement, to determine seniority and eligibility. On
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July 1st, a list will be compiled by KPOA and those retirees with the most points will
be identified and informed of their eligibility for the benefit.
Exclusions
Employees who return to employment with the city (in a non-sworn position) will have
their VEBA benefit paused while employed, and will then be reinstated upon
separation with the city until the month they reach 65 years of age.
Indemnification
The KPOA agrees to indemnify, defend, and hold the City harmless from any and all
liability, claims, demands, suits or any other loss, damage, or injury to persons or
property arising from or related to the provisions of this section.
Subsection 18.1.6 LEOFF I Health Coverage Requirement
The City shall provide medical coverage of LEOFF I employees as required by law.
Subsection 18.1.7 Line of Duty Death Benefits
In the event of the death of a police officer while on duty, the City will provide
medical, dental and vision benefits to the eligible dependents of the police officer.
The following limitations shall apply:
• The benefits provided by this Agreement shall be provided for twelve (12)
calendar months following the month in which the death occurs.
• Only eligible dependents of the police officer who are covered on the City's
medical, dental and vision plans at the time of the police officer's death are
eligible for the benefits provided herein; provided, that a child born to or
adopted by the spouse of a police officer after the death of the officer but prior
to the expiration of the period in which the benefits are provided pursuant to
this Agreement shall be eligible for the benefits provided for herein.
• In lieu of providing the medical, dental and vision benefits required herein, the
City may, at its discretion, provide funds in an amount equivalent to the cost
of coverage through the Consolidated Omnibus Budget Reconciliation Act
(COBRA) for the twelve (12) month period.
Section 18.2. Life Insurance
The City shall pay the entire premium for double indemnity life insurance coverage
for each eligible member of the bargaining unit. Through March 31, 2018, the amount
of coverage will be equal to the employee's annual base salary to the maximum of
$50,000. Effective April 1, 2018, the amount of life insurance shall be equal to one
times the employee's annual base salary to a maximum of 150,000 and a minimum
of $25,000.
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Section 18.3. Forms Handling
A. The Association and its membership agree to cooperate with the City in all
requirements relating to insurance forms and processing such. It is mutually
agreed that forms handling is a necessary part of the employee and City's
duties, and that expeditious handling is in the best interest of both parties.
B. Each employee shall be responsible for obtaining and filling out necessary
application forms, change in coverage forms, or providing other information
necessary to determine eligibility for insurance coverage.
Section 18.4. Health Care Committee
The parties agree that the Association's participation on the City's Health Care
Committee has been mutually beneficial. The parties recognize that there must be
representation and participation by all Unions on the Committee. Therefore, the
Union agrees to designate two (2) representatives to participate in the Health Care
Committee.
Section 18.5. Hepatitis B Vaccination Program
The City will provide employees with the opportunity to receive vaccinations and the
follow up tests to help prevent contraction of the Hepatitis B virus. The program will
be voluntary in nature and in accordance with applicable Washington State Law,
WISHA directives, and Labor & Industry regulations, and Kent Police Department
policies. Employees who wish to waive their opportunity to receive vaccinations and
follow up tests after exposure must sign a waiver form.
Section 18.6. Long Term Disability Insurance
The Kent Police Officers Association will administer its own Long Term Disability
Insurance program.
ARTICLE 19 - MILITARY LEAVE
Employees of the bargaining unit shall be granted days off for paid military leave in
accordance with City Policy 3.6- Military Leave or as required by state and/or federal
law.
ARTICLE 20 - TOBACCO FREE WORK PLACE
The Association and the City agree that in order to create a healthy work
environment, to protect the public and reduce overall risk, the members of the
bargaining unit agree to comply with the City and Department policies concerning the
use of tobacco.
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ARTICLE 21 - SUBSTANCE ABUSE TESTING
The procedure outlined in this article for drug and alcohol testing shall become a part
of the Labor Agreement between the City of Kent and the Kent Police Officers
Association, and shall be covered by all applicable articles within that Agreement.
Section 21.1. Policy
The City and the Association recognize that drug use by employees would be a threat
to the public welfare and the safety of department personnel. It is the goal of this
policy to eliminate or absolve illegal drug usage through education and rehabilitation
of the affected personnel. The use of alcoholic beverages or unauthorized drugs shall
not be permitted at the City's work sites and/or while an employee is on duty nor
shall an employee report for duty under the influence of alcohol or unauthorized
drugs. Nothing in the passage of I-502 in 2012 changes the intent of this Article or
department policy 13.1.1 (Code of Conduct). While the City wishes to assist
employees with alcohol or chemical dependency problems, safety is the City's first
priority. Therefore, employees must not report for work or continue working if they
are under the influence of, or impaired by, the prohibited substances listed in Sections
21.5 and 21.6 of this article. Employees participating in treatment programs are
expected to observe all job performance standards and work rules.
Section 21.2. Informing Employees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy.
Employees will be provided with information concerning the impact of the use of
alcohol and drugs on job performance. In addition, the City shall inform the
employees on how the tests are conducted, what the tests can determine and the
consequence of testing positive for drug use. No employee shall be tested before
this information is provided to him/her.
Employees who voluntarily come forward and ask for assistance with an alcohol
and/or chemical dependency shall not have that dependency used as the basis for
disciplinary action by the City.
The City encourages employees to seek treatment for drug and alcohol abuse
voluntarily. To encourage employees to do so, the City makes available the Employee
Assistance Program (E.A.P.). Any employee who notifies the City of alcohol or
chemical abuse problems will be given the assistance offered to employees with any
other illness. As with other illnesses, the City may grant sick leave, vacation leave
or leaves of absence without pay for treatment and rehabilitation of drug and alcohol
abuse.
Any decision to voluntarily seek help through the Employee Assistance Program, or
privately, will not interfere with an employee's continued employment or eligibility
for promotional opportunities. Information regarding an employee's participation in
the Employee Assistance Program will be maintained in confidence.
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Section 21.3. EmRloyee Testing
Unless otherwise required by federal law, employees shall not be subject to random
urine testing or blood testing or other similar or related tests for the purpose of
discovering possible drug or alcohol abuse. If the City has reasonable suspicion to
believe an employee's work performance is impaired due to drug or alcohol use, the
City may require the employee to undergo a drug and/or alcohol test consistent with
the conditions set forth in this article.
Reasonable suspicion for the purposes of this article is defined as follows: the
City's determination that reasonable suspicion exists shall be based on specific,
articulated observations concerning the appearance, behavior, speech or body
odors of an employee and shall include, as a minimum, a written report
documenting objective, measurable changes in an employee's work performance
due to unauthorized drug or alcohol use by two (2) observers who have adequate
opportunity to observe these changes.
Section 21.4. SamRie Collection
The collection and testing of samples shall be performed only by a laboratory and by
a physician or health care professional qualified and authorized to administer and
determine the meaning of any test results. The laboratory performing the test shall
be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory
chosen must be agreed to by the Association and the City. The results of employee
tests shall be made available to the Medical Review Physician as defined in Section
21.7.
Collection of blood or urine samples shall be conducted in a manner which provides
for the highest, reasonable degree of security for the sample and freedom from
adulteration. Blood or urine samples will be submitted as per NIDA standards
including the recognized chain of custody procedures. Employees have the right for
Association and/or legal representation to be present during the submission of the
sample. Employees shall not be witnessed while submitting a urine specimen. Prior
to submitting to a urine or blood sample, the employee will be required to sign a
consent and release form as set forth in Section 21.14 below.
A split sample shall be reserved in all cases for an independent analysis in the event
of a positive test result. All samples must be stored in a scientifically acceptable
preserved manner as established by NIDA. All positive confirmed samples and
related paperwork must be retained by the laboratory for at least six (6) months or
for the duration of any grievance, disciplinary action, or legal proceedings, whichever
is longer. At the conclusion of this period, the laboratory's paperwork and specimen
shall be destroyed. Tests shall be conducted in a manner to ensure that an
employee's legal drug use and diet does not affect the test result.
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Section 21.5 Drug Testing
The laboratory shall test for only the substances and within the limits as follows for
the initial and confirmatory test as provided within NIDA standards. The initial test
shall use an immunoassay test procedure which meets the requirements of the Food
and Drug Administration for commercial distribution. The following initial cutoff levels
shall be used when screening specimens to determine whether they are negative for
these five drugs or classes of drugs:
INITIAL TESTING
Marijuana metabolites ......................................... 100 ng/ml
Cocaine metabolites ............................................ 300 ng/ml
Opiate metabolites'............................................. 300 ng/ml
Phencyclidine ..................................................... 25 ng/ml
Amphetamines ...................................................1000 ng/ml
(1) If immunoassay is specific for free morphine, the initial test level is 25 ng/ml.
If initial test results are negative, testing shall be discontinued, all samples destroyed
and records of the testing expunged from the employee's files. Only specimens
identified as positive on the initial test shall be confirmed using gas
chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff
values.
CONFIRMATORY TESTING
Marijuana metabolites' ........................................ 15 ng/ml
Cocaine metabolites2...........................................150 ng/ml
Opiate metabolites
Morphine ......................................................300 ng/ml
Codeine 00 n.3 g/ml
Phencyclidine ..................................................... 25 ng/ml
Amphetamines
Amphetamine ................................................500 ng/ml
Methamphetamine..........................................500 ng/ml
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
If confirmatory testing results are negative, all samples shall be destroyed and
records of the testing expunged from the employee's files.
Drug test results gathered under this article will not be used in a criminal investigation
or prosecution.
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Section 21.6. Alcohol Testing
A breathalyzer or similar equipment certified by the state toxicologist shall be used
to screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test
performed by a qualified laboratory. This screening test shall be performed by an
individual properly qualified to perform the tests utilizing appropriate equipment. An
initial positive alcohol level shall be 0.04 grams per 210 L. of breath. That is, if both
breaths register at .04 or above, that constitutes a positive test. If only one breath
is at .04 or above and the other is below .04, the test is negative. If initial testing
results are negative, testing shall be discontinued, all samples destroyed and records
of the testing expunged from the employee's files. Only specimens identified as
positive on the initial test shall be confirmed using a blood alcohol level. Sample
handling procedures, as detailed in Section 21.4, shall apply. A positive blood alcohol
level shall be 0.04 grams per 100 ml of blood. If confirmatory testing results are
negative, all samples shall be destroyed and records of the testing expunged from
the employee's files.
Section 21.7 Medical Review Physician
The Medical Review Physician shall be chosen and agreed upon between the
Association and the City and must be a licensed physician with a knowledge of
substance abuse disorders. The Medical Review Physician shall be familiar with the
characteristics of tests (sensitivity, specificity and predictive value), the laboratories
conducting the tests and the medical conditions and work exposures of the
employees.
The role of the Medical Review Physician will be to review and interpret the positive
test results. He/she must examine alternative medical explanations for any positive
test results. This action shall include conducting a medical review with the affected
employee, review of the employee's medical history and review of any other relevant
biomedical factors. The Medical Review Physician must review all relevant medical
records made available by the tested employee when a confirmed positive test result
could have resulted from legally prescribed medication.
Section 21.8. Laboratory Results
The laboratory will advise only the employee and the Medical Review Physician of any
positive results. The results of any positive drug or alcohol test can only be released
to the City by the Medical Review Physician once he/she has finished review and
analysis of the laboratory's test. Unless otherwise required by law, the City will keep
the results confidential and shall not release them to the general public.
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Section 21.9. Testing Program Costs
The City shall pay for all costs involving drug and alcohol testing as well as the
expenses associated with the Medical Review Physician. The City shall also reimburse
each employee for their time and expenses including travel incurred involving the
testing procedure only.
Section 21.10. Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 21.5 and 21.6 of
this article as determined by the Medical Review Physician in Section 21.7 shall be
medically evaluated, counseled and treated for rehabilitation as recommended by the
E.A.P. counselor. In the event the employee disagrees with the treatment
recommended by the E.A.P. counselor, the employee may choose to obtain a second
opinion from a qualified physician of his/her choice. Employees who complete a
rehabilitation program may be re-tested randomly for one (1) year following
completion of a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior
testing. Employees who enter the program on their own shall not be subject by the
City to random re-testing. Employees will be allowed to use their accrued and earned
leave for the necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine
if the employee requires additional counseling and/or treatment. The employee will
be solely responsible for any costs, not covered by medical benefits/insurance, which
arise from this additional counseling or treatment.
Section 21.11. Duty Assignment After Treatment
If the duty assignment for an employee is modified or changed as a result of a
rehabilitation program, then after an employee successfully completes his/her
rehabilitation program, the employee shall be returned to the regular duty
assignment held prior to the rehabilitation program. Once treatment and follow-up
care is completed, and one (1) year has passed with no further violations of this
article, the employee's personnel and medical files shall be purged of any reference
to his/her drug problem or alcohol problem.
Section 21.12. Right of A1212eal
The employee has the right to challenge the result of the drug or alcohol test and any
discipline imposed in the same manner that he/she may grieve any other City action.
Section 21.13. Association Held Harmless
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This drug and alcohol testing program was initiated at the request of the City. The
City assumes the sole responsibility for the administration of this Article and shall be
solely liable for any legal obligations and costs arising out of the provisions and/or
application of this collective bargaining agreement relating to drug and alcohol
testing. The Association shall be held harmless for the violation of any worker rights
arising from the administration of the drug and alcohol testing program.
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Section 21.14. Consent for Sampling and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 21 of the Collective Bargaining Agreement
between the Kent Police Officers Association and the City of Kent, I consent to the
collection of a urine/blood sample by
and its analysis by for those drugs
specified in the Collective Bargaining Agreement.
The laboratory administering the tests will be allowed to release the results to the
City of Kent only after the laboratory's results have been reviewed and interpreted
by the Medical Review Physician. The information provided to the employer shall be
only whether the tests were confirmed positive or were negative and not any other
results of the test without my written consent. The laboratory is not authorized to
release the results of this test to any other person without my written consent.
I understand I have the right to my complete test results and that the laboratory will
preserve the sample for at least six (6) months. I have the right to have this sample
split and a portion tested at a second laboratory of my choice at my expense in the
event the test results are confirmed positive.
I understand that the City is requiring me to submit to this test as a condition of my
employment and that alteration of the sample or failure to reasonably cooperate with
the collection of a urine/blood sample will result in disciplinary action by the City.
I understand that a confirmed positive test may result in a requirement that I undergo
rehabilitation.
By signing this consent form, I am not waiving any of my rights under any federal,
state or local law, statute, constitution, ordinance, administrative rule or regulation
or common law provision. I understand that I have the right to challenge any
confirmed positive test result and any Employer action based thereon by filing a
grievance under the Collective Bargaining Agreement.
Date Employee Signature
Witness
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ARTICLE 22 - SAVINGS CLAUSE
If any article of the agreement or any addenda hereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article should be restrained by such tribunal, the remainder of
the agreement and addenda shall not be affected thereby and the parties shall enter
immediate collective bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement of such article.
ARTICLE 23 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement between
the parties and no oral statement shall add to or supersede any of its provisions.
The parties acknowledge that each has had the unlimited right and opportunity to
make demands and proposals with respect to any matter deemed a proper subject
for collective bargaining. The results of the exercise of that right are set forth in this
agreement. Therefore, except as otherwise provided in the agreement, each
voluntarily and without qualification agrees to waive the right to oblige the other
party to bargain with respect to any subject or matter specifically covered by this
agreement.
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ARTICLE 24 - TERM OF AGREEMENT
This Agreement shall become effective January 1, 2019, and shall remain in force
until December 31, 2021.
Signed this a� day of Z04-9, at Kent, Washington.
CITY OF KENT KENT POLICE OFFICERS
ASSOCIATION
By� By SLd
ana Ralph, Mayor Matt Stansfield,Association President
y t
By
Mart Fish Peter Stewart
Huma Resources Director Negotiations Team Member
By - e1.�L1-� B
Y
Natalie Winecka Michael Schanbacher
Deputy Hu an Resources Director Ne tions Team M mber
By ` -- y
B n Ashbaug Davi Ilir
Labor Relations Manager egotiations Team Member
L
By
Gina Esposito Jason Bishop
Ne q0tiation Team Member Negotiations Team Member
Appr d as to form
r
i torney
es
N.
City Clerk
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APPENDIX "A" - OFF-DUTY SUPPLEMENTAL OVERTIME PAY
Section 1. Pur ose
This Appendix is specifically intended to address overtime worked by commissioned
officers while off-duty (hereafter referred as "supplemental overtime"), which is
funded and paid by external third parties. The City will document, process and
record all such supplemental overtime. The City agrees to perform the scheduling,
bookkeeping and reporting functions of such supplemental overtime for the City of
Kent's commissioned officers. The employees will hereafter be paid for such
supplemental shifts through City payroll and be subject to all applicable payroll
related taxes and benefits deductions.
Section 2. Definition
A. City overtime is defined as additional hours of work for City staffing purposes
or additional staffing needed due to special events planned, organized and
funded by the City of Kent.
B. Supplemental overtime is defined as additional hours of work which are
planned/organized, funded and paid by an independent third party (hereafter
referred as "non-City related events"). These are generally events which are
not funded or paid by the City. Examples of supplemental overtime include,
but are not limited to, security for a private business, security for a private
party/event, personal protection for a non-government official, or traffic
control at construction sites.
C. A commissioned officer of any rank shall be hereafter referred to as "officer"
or "commissioned officer".
D. An employee holding the rank of Police/Patrol Officer regardless of his or her
current assignment (i.e. Detectives, Training Officers, etc.) shall be hereafter
referred to as "Officer".
E. The Police Chief, or his designee(s), shall be hereafter referred to as "Chief".
Section 3. Eligibility
Commissioned officers of any rank ('officers") who have passed their new hire
probationary period are eligible to work supplemental overtime. Any exceptions to
an officer's eligibility to work supplemental overtime during probation will be made
by the Chief at the Chief's discretion on a non-precedent setting, case by case
basis.
Section 4. Work Rules
The officer's conduct while working supplemental overtime shall be considered on-
duty conduct. Commissioned officers working supplemental overtime shall be
subject to all policies, procedures, practices and standards of the City and the Kent
Police Department, and shall be subject to all' laws, rules, and regulations of the
State of Washington and/or the Federal Government applicable to police work and
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law enforcement. Failure to abide by applicable laws, rules, regulations, policies,
procedures, practices and standards may subject the officer to disciplinary action
up to and including termination of employment. The officer will be afforded all
applicable protections as provided by the CBA, Civil Service rules and City and
Department policies and procedures for conduct that arises while working
supplemental overtime.
Section S. Required Paperwork
A. All required paperwork resulting from the officer's supplemental overtime
work should be completed during the supplemental overtime shift.
B. If, due to extenuating circumstances, the officer cannot complete the
required paperwork during the supplemental overtime shift, the officer will
complete such paperwork during his/her next regularly scheduled work shift
with the Kent Police Department. If completion of such paperwork during the
next regularly scheduled work shift is not feasible or not practical, the officer
will request authorization from his/her regular department supervisor or the
duty supervisor for overtime to complete such paperwork. Such pre-
authorized overtime will be paid at the employee's regular City overtime rate
per the CBA. However, the employee shall only be paid for the actual time
spent completing the paperwork and such overtime hours shall be treated as
if they are annexed to the employee's work shift regardless of when they are
worked. This means such City overtime to complete required paperwork
shall not qualify for the minimum overtime call back provision of the Officers
CBA.
C. If the officer working the supplemental overtime who needs City time to
complete required paperwork is an Assistant Chief or a Commander, the
paperwork shall be completed, with pre-authorization, on City time without
additional compensation to the officer (overtime exemption status).
Section 6. Work Restrictions
A. No officer may work supplemental overtime while on sick leave.
B. All commissioned officers must abide by the sixteen (16) hour work and eight
(8) hour rest rule per Section 4.10 Rest Periods of the Officers CBA to include
all hours worked for the City, for supplemental overtime, or any other work
performed by the employee.
C. The Chief retains the right to restrict officers from working supplemental
overtime with cause (i.e. disciplinary action, performance issues/concerns,
paid administrative leave, etc.).
Section 7. Overtime Sign-up, Assignment and Mandating
A. Sign-up for supplemental overtime work shall be voluntary on a first come
first serve basis. The Chief may not mandate officers to work supplemental
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overtime and may not discipline an officer for refusing to work supplemental
overtime. However, the Chief retains the right to mandate commissioned
officers to work City overtime per Section 4.2 Overtime of the Officers CBA.
In addition, the Chief retains the explicit right to convert supplemental
overtime into City overtime, mandate officers to work the City overtime, and
pay the City overtime rate for that work.
B. The Police Department will provide a sign-up list for the supplemental
overtime to mirror the current Department overtime sign-up practice. This
includes, but is not limited to, 1) primary, secondary and alternate officers to
fill the supplemental overtime need, 2) timeline for signing up for the
overtime, and 3) moving officers between primary, secondary and alternate
slots.
C. Employees working or scheduled to work supplemental overtime may be
redirected, at the discretion of the Chief, to cover City overtime, Kent Police
Department functions and emergencies. The City will make reasonable
efforts to solicit volunteers for the City overtime first before redirecting
officers from supplemental overtime to City overtime assignments.
Commissioned officers working City overtime shall be paid at the officers'
regular overtime rate, as applicable, per the CBA.
D. The Chief will have the authority to move any employee who is signed up for
supplemental overtime to the City's overtime list once the supervisor has
made reasonable efforts to solicit volunteers for the City overtime. If the
employee is moved to the City overtime list, the employee shall be paid at
the employee's regular overtime rate, if overtime pay is applicable, per the
appropriate CBA for hours worked on City overtime.
E. In the midst of a supplemental overtime shift, if the officer is needed in
court, the officer will attend court and be paid at the City overtime rate, as
applicable, for all hours spent in court. The officer shall only be paid City
overtime for the actual hours spent in court and will not qualify for the
minimum court overtime per Section 4.4 Overtime Pay for Court
Appearances of the Officers CBA. If applicable, once the officer returns to
the supplemental overtime assignment, supplemental overtime pay rate for
that assignment will resume. However, if the officer is available to return to
the supplemental overtime assignment but the remainder of the
supplemental overtime shift was cancelled by the third party employer due to
the officer's absence for court appearance, the officer will be paid the
minimum four (4) hours of court overtime (which shall include the actual
hours spent in court) at the City overtime rate or the remainder of the
supplemental overtime shift, whichever is shorter.
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Section S. ComUensation
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 8.0 (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 Pay
a. The rate of pay shall be sixty-five dollars ($65) per hour.
b. The rate of pay on an observed holiday as defined in Section 7.1
Holidays Observed of the Officers CBA and Article 7 Holidays of the
Assistant Chiefs/Commanders CBA shall be ninety-sevendollars and
fifty cents ($97.50) per hour. 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-
5 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 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-sevendollars 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-sevendollars and
fifty cents ($97.50) per hour for the last two (2) hours.
➢ Examp le 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-
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sevendollars and 50 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)
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 -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 assignment/event, the commissioned officer
working as the designated supervisor shall be compensated at ninty
dollars ($90) per hour. The supervisor shall be paid at the rate of
$135 per hour for all hours worked on an observed holiday, for
hours scheduled at one and one-half (1 1/2) time rate, and for hold-
overs beyond ten (10) hours as defined in paragraphs b. and c.
above.
Section 9. Cancellation of Suj2plemental Overtime
If a supplemental overtime shift is cancelled, the City agrees to notify the officer
scheduled to work at least ten (10) hours prior to the start time of such
supplemental overtime shift. Failure to provide a minimum of ten (10) hours
advance notice of cancellation shall entitle the officer to receive four (4) hours of
supplemental overtime pay at the rate of that supplemental overtime assignment.
If the City has called the employee by phone and by pager at least ten (10) hours
prior to the start time of the supplemental overtime shift, this advance cancellation
notification requirement will have been met regardless of whether the employee
has checked or received his or her messages.
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Section 10. Payroll Payroll Deductions and Record Keening
A. Officers will record all supplemental overtime worked on the current pay
adjustment timesheet. Officers shall complete timesheets to include
supplemental overtime hours worked within timelines required by the City's
policies, procedures and practices.
B. The third party employer shall pay the City for all supplemental overtime
hours worked at the mutually agreed upon contract rate. This contract rate
shall include the employer's portion of applicable payroll taxes.
C. The City shall pay the officers working the supplemental overtime at the rate
specified in Section 8. Compensation of this agreement. Such supplemental
overtime pay less applicable payroll taxes will be included in the employee's
regular paycheck from the City. Applicable payroll taxes to be deducted from
the employee's supplemental overtime earnings shall include the employee's
portion of payroll taxes (i.e. Social Security, Medicare, LEOFF, etc.).
D. The City shall report supplemental overtime earnings and deductions to the
appropriate governmental agencies.
Section 11 Work Performed by Non-Bargaining Unit Members
A. Supplemental overtime not filled by Kent Police Department officers can be
contracted out, at the Chief's discretion, to outside police agencies. The rate
of pay for outside agencies shall be determined by the Chief. The Chief will
first allow Kent commissioned officers an opportunity to voluntarily sign up
for the supplemental overtime. If the supplemental overtime remains
unfilled, the Chief may contact outside police agencies from a list mutually
agreed on between the Kent Police Department and the KPOA. If the
supplemental overtime remains unfilled, the Chief may contact other outside
police agencies which are not on the mutually agreed upon list. If the
supplemental overtime remains unfilled, the City will reject the offer of
supplemental overtime work from the third party employer. At all times the
Chief retains the right to accept or reject any offer of supplemental overtime
work from any third party employer and to determine the number of officers
needed at a particular supplemental overtime assignment.
B. Nothing within this Appendix shall restrict the City from using Police
Department volunteers to perform duties they currently perform or have
performed in the past. These duties may include, but are not limited to,
parking direction/control, pedestrian traffic control, providing public
information, etc. Questions of KPOA duties that have been performed by
past volunteers shall be discussed and mutually agreed upon between the
parties.
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C. Nothing within this Appendix shall restrict the parties from allowing the
implementation of the Police Cadet program and allowing Cadets to perform
limited police functions within the scope allowed by law, civil service rules,
and as mutually agreed upon between the parties.
D. Nothing within this Appendix shall restrict non-KPOA members from
performing police work which is currently and have been traditionally
performed by those employees.
E. Nothing within this Appendix shall restrict the parties' ability to meet and
mutually agree upon any additional police work which may be performed by
non-bargaining unit members if/when such need arises.
F. Nothing in this Appendix shall be interpreted to allow the City to supplant
KPOA bargaining unit work or to displace KPOA bargaining unit employees.
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APPENDIX "B" - POLICE SCIENCE INSTRUCTION
Section 1. Puri2ose
The purpose of this Appendix is to address supplemental overtime whereby the City
has agreed to make officers available to teach a police science class at Kent Meridian
High School.
Section 2. Eligibility
Commissioned officers shall be eligible to perform the supplemental overtime
required to perform the services called for in the Agreement Between the City of Kent
and the Kent School District for Police Science Instruction. Commissioned officers
assigned shall share these teaching responsibilities with Public Education
Coordinators, who are not represented by the KPOA, in order to provide the services
called for in the Agreement between the City of Kent and the Kent School District for
Police Science Instruction.
Section 3 Overtime Sign-up Assignment and Mandating
In general, supplemental overtime work shall be performed on a voluntary basis.
However, the Chief shall have full authority to assign officers to perform supplemental
overtime in order to complete the work called for in the Agreement Between the City
of Kent and the Kent School District for Police Science Instruction, and shall have
authority to mandate such officers to perform the supplemental overtime so long as
such supplemental overtime is annexed to the employee's regular or overtime shift.
To the extent that Section 7(A) of Appendix "A" conflicts with this Appendix "B", this
Appendix "B" shall control.
Section 7(B) of Appendix "A" shall not apply to supplemental overtime performed
pursuant to the Agreement between the City of Kent and the Kent School District for
Police Science Instruction.
Section 4. ComRensation
Section 8(B) of Appendix "A" shall not apply to work performed pursuant to the
Agreement between the City of Kent and the Kent School District for Police Science
Instruction. Rather, the officers performing the supplemental overtime shall be
reimbursed only for the time actually worked, provided further that the total amount
of supplemental overtime hours the city will permit the officers to work shall not
exceed the hours contracted for in the Agreement between the City of Kent and the
Kent School District for Police Science Instruction. It is contemplated that, pursuant
to the Agreement Between the City of Kent and the Kent School District for Police
Science Instruction, two officers and one non-commissioned Public Education
Specialist will provide the required services. Pursuant to the Agreement between the
City of Kent and the Kent School District for Police Science Instruction, the School
District will reimburse the City for a total of no more than ten (10) hours of work
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each week. Therefore, the officers assigned to perform the supplemental overtime
pursuant to the Agreement between the City of Kent and the Kent School District for
Police Science Instruction shall coordinate with each other and with the non-
commissioned person such that they do not collectively perform more than ten (10)
hours of work. Any supplemental overtime performed in excess of the collective ten
(10) hours is specifically unauthorized.
Pursuant to Section 8(D) of Appendix "A" the work called for in the Agreement
Between the City of Kent and the Kent School District for Police Science Instruction
shall be deemed "standard work" and shall be paid in accordance with Section
8(D)(1)(a) of Appendix "A".
Sections 8(D)(1)(c), 8(D)(1)(d), and 8(D)(2) Appendix "A" shall not apply to
supplemental overtime performed pursuant to the Agreement Between the City of
Kent and the Kent School District for Police Science Instruction.
Section S. Cancellation of Supplemental Overtime
Section 9 of Appendix "A" shall not apply to supplemental overtime performed
pursuant to the Agreement between the City of Kent and the Kent School District for
Police Science Instruction.
APPENDIX "C" — SUPERVISING VOLUNTEERS IN POLICE SERVICE
Section 1. Purpose
The parties recognize that the KPOA has historically been the bargaining
representative for personnel assigned to provide oversight of the Volunteers in
Police Services (VIPS) program and the Citizen Academy.
The parties further recognize that the use of a non-represented temporary
employee in support of the VIPS program and Citizen Academy is mutually
beneficial to the parties as well as the citizens of Kent.
To this end, the parties have discussed and agree to the following:
The Kent Police Department may use a non-represented temporary employee
in accordance with City Policy 1.1, Section 1.1.3, Temporary Employees, to
work in support of the VIPS program and the Citizens Academy.
The temporary employee will be supervised by a member of the KPOA.
The KPOA reserves the right to reclaim this body of work in the future by
providing thirty (30) calendar days written notice to the Police Chief.
The Kent Police Department agrees to cease using the temporary employee
within thirty (30) calendar days or less after receipt of written notice from
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the KPOA regarding its intent to reclaim the work.
This agreement shall not set precedence with regard to the use of temporary
employees within the Police Department.
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REQUEST FOR MAYOR'S SIGNATURE
KE S T Please Fill in All Applicable Boxes
X Reviewed by Director
Originator's Name: Brent Ashbaugh Dept/Div. HR Extension: 5296
Date Sent: 2/20/19 Date Required:
Return to: HR CONTRACT TERMINATION DATE: 12/31/21
VENDOR: DATE OF COUNCIL APPROVAL: 1/15/19
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document: CBA for KPOA - Officers and Sergeants
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: REC ow
*
IzIVED
Approval of Law Dept.: FEB
20i9
Law Dept. Comments: � % KE
NT LAW D
i
S
Date Forwarded to Mayor: _
Shaded Areas To Be Completed By Administration Staff
Received:
RECEIVE
Recommendations and Comments:
Di
IVED
P � � a��7( �9 City of Kent
FF� 7 2019 Office of the Mayor
Date RLhrtn�d.
CITY OF KENT
CITE'CLERK