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Home My WebLink AboutCAG2019-103 - Supplement - Kent Police Officers Association (KPOA) - MOA re: Personal Holidays - 04/23/2019 �. NT 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: KPOA Vendor Number (JDE): Contract Number (City Clerk): 0 1(-,20 i i--1 D 6 Category: Labor Agreement Sub-Category (if applicable): Amendment Project Name: Contract Execution Date: Termination Date: Contract Manager: Brent Ashbaugh Department: Human Resources Contract Amount: Budgeted: Grant? Part of NEW Budget: Local: ❑ State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: ❑ Director �✓ Mayor ❑ City Council Other Details: MOU for KPOA regarding personal holidays MEMORANDUM OF AGREEMENT By And Between The CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS Regarding Article 7 - Holidays This Memorandum of Agreement ("MOA") is entered into by and between the City of Kent ("the City") and the Kent Police Officers Association, representing the Police Sergeants and Officers' bargaining unit (referred to herein as "KPOA"), to amend Article 7 of the collective bargaining agreement ("CBA"). Background The City and the Union are parties to a collective bargaining agreement ("CBA") effective January 1, 2019, through December 31, 2021. Article 7 of the parties' CBA states that the floating holiday shall be purchased by the City and is not eligible to be used as leave. This method of purchasing the floating holiday has caused issues with wage and hour reporting to the state Department of Retirement Systems. To help mitigate these unintended impacts, the City and KPOA have agreed to the following amendment to the parties' CBA. Agreement The parties agree as follows: 1. Section 7.1 of the CBA is amended as follows: 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 MOU Regarding Section 7.2 Holiday Compensation Page 1 of 4 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas 11. Personal 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. 2. Section 7.2.13. of the CBA is amended as follows: Section 7.2. Holiday Compensation B. The individual fleating heliday will be purchased. The Gity will issue a Each calendar year, ten (10) hours of personal holiday will be deposited into each employee's personal holiday bank and available for use, with management approval, on or after January 1st and prior to December 1st of that same year. The personal holiday hours will be awarded to new hires upon their dates of hire. Any unused hours remaining in an employee's personal holiday bank as of December 1st, will cash out automatically on the paycheck an employee receives for the pay period that includes the December 11t date. 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, personal holiday, comp time or vacation. Those employees who wish to receive pay for their unused holidays, in addition to the wed personal 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. MOU Regarding Section 7.2 Holiday Compensation Page 2 of 4 Those employees who do not wish to receive pay for their unused holidays may retain them in their holiday leave bank. With the exception of personal holiday hours, employees may carry over their unused holidays into subsequent calendar years until they reach the maximum holiday accrual limit. 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 accrual 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 maximum accrual limit is done on a case-by-case basis and does not serve as precedent for any subsequent requests. 3. All other language of the CBA shall remain in full force and effect and shall not be altered by this MOA. 4. This MOA was prepared and/or reviewed by both parties. In the event of an ambiguity in any term of this MCA, it shall be interpreted evenly, and not against the drafter of the MCA. The principle of contra proferentem shall not apply. By signing below, the parties agree that the above represents the parties' full and entire agreement with respect to the subject matter of this MCA, and this MOA shall be deemed executed and effective as of this 1- day of April 2019. FOR THE CITY: FOR KPOA: L4 Y s/y Dana Ralph Date Matt Sta fie Date Mayor KPOA President— Natalie Winecka Date Wayn Date Interim H man Res es Director KPOA Vice President Mk B shbaugh Date Labor Relations Manager APP D AS TO FORM Ta White Date De ty City Attorney MOU Regarding Section 7.2 Holiday Compensation Page 3 of 4 Kim Komoto Date City Clerk MOU Regarding Section 7.2 Holiday Compensation Page 4 of 4 REQUEST FOR MAYOR'S SIGNATURE • l it it Oil l.I ICI��/—I.V IIJi CU i"Ci FJCI KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director' Originator: Brent Ashbaugh Phone (Originator):5296 Date Sent:4/15/19 Date Required: Return Signed Document to: Contract Termination Date: VENDOR NAME: Date Finance Notified: KPOA (Only required on contracts 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: (Required on Non-City Standard Contra cts/Ag reements Has this Document been Specificall Account Number: Authorized in the Budget? YES NO Brief Explanation of Document: MOU for KPOA regarding personal holiday. 1 VED APR 1 y 2019 KENT LA Vy All Contracts Must Be Routed Through The Law Department Received: (This ar be completed by the Law Department) ��, Approval of Law Dept.: ! Law Dept. Comments: Jr! Date Forwarded to Mayor: Shaded A as o Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: -NiE`�;'3 ;: Office of trie mayor Date Returned: P. ivi Fonns Document rooessing\Reauest for Mayors S,gnatum door