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HomeMy WebLinkAboutCAG2019-103 - Supplement - Kent Police Officers Association (KPOA) - MOA re: Standby for Duty Pay (Detectives) - 05/17/2019KENT Records Management Document o*a. 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: Vendor Number (JDE): Contract Number (City Clerk): Category: Labor Agreement KPOA 3 5 -7o8 G_Ats ,X0 i g - 103 Sub -Category (if applicable): Amendment 0 Project Name: Contract Execution Date: Contract Manager: Brent Ashbaugh Contract Amount: N/A Termination Date: 1.2131 " Z" Department: Human Resources 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:1:1 Director �✓ Mayor ❑ City Council Other Details: MOU for KPOA regarding standby pay MEMORANDUM OF AGREEMENT By And Between The CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS Regarding Subsection 4.7.2 Standby for Duty (Detectives) This Memorandum of Agreement ("MOV) 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 "KPOV), to revise the method by which standby duty is compensated. Background The City and the Union are parties to a collective bargaining agreement ('CBA") effective January 1, 2019, through December 31, 2021. The parties' CBA currently provides at Section 4.7.2 that Detectives shall earn 5.5 compensatory hours for each completed week of standby duty, while Investigations Sergeants or designees (as assigned by the Chief) shall earn 2.75 compensatory hours for each completed week of standby duty, each of which is to accrue to officers' leave banks at time and one-half. This MOA amends Section 4.7.2.0 of the CBA to change the compensation provided for standby duty from compensatory hours credited to officers' leave banks, to an hourly wage that is paid to officers through regular payroll processing to compensate officers for standby duty performed. In addition, this MOA provides that all leave existing in officers' standby leave banks on December 1, 2019, will be cashed out through the December 20, 2019, paycheck. Agreement The parties agree as follows: 1. Subsection 4.7.2.0 of the CBA is amended as follows, and the remaining provisions of Subsection 4.7.2 remain unaffected by this MOA: Subsection 4.7.2. Standby for Duty (for Detectives) MOU Regarding Subsection 4.7.2 Standby for Duty (for Detectives) Page 1 of 3 C. To compensate Detectives for the standby requirement to respond to call back (per 4.7.2.B.2 above), Detectives shall earn 8.25 hours of standby pay at their fully -loaded hourly rate of pay —for each completed week of standby duty. Investigations Sergeants or designee (as assigned by the Chief) shall earn 4.125 hours of standby pay at their fully loaded hourly rate of pay 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-heuFs F,'-, " uRd•ef Any hours remaining in an Employee's Standby Leave Bank as of December 1, 2019 will cash out automatically on the December 20, 2019 paycheck. Prior to December 1, 2019, Employees may request a cash -out of all or any portion of their Standby Leave Bank. Once an Employee notifies his or her timekeeper of the Employee's desire to cash -out Standby Leave, and if that notification is provided within two (2) business days prior to the payroll cut-off date established by Finance, the Employee's cash - out request will be processed for payment on the next regular pay date. If the request is received after that date, the cash -out will be processed for payment on the next following pay date. Under no circumstances shall Employees be allowed to use Standby Leave as time off. All standby hours placed in compensatory time banks as originally directed by the 2019-2021 CBA shall be cashed out at the Employee's fully -loaded hourly rate of pax. 2. The change in compensation method from compensatory leave accrual to payment of an hourly wage as provided for in this MOA shall begin for all standby duty assignments on Y-Uaad" lI , 2019`. , 1 60 3. All other language of the CBA shall remain in full force and effect and shall not be altered by this MOA. 4. All acts consistent with the terms of this MOA and prior to its effective date are ratified and affirmed and the terms of this MOA shall be deemed to have applied. 5. This MOA was prepared and/or reviewed by both parties. In the event of an ambiguity in any term of this MOA, it shall be interpreted evenly, and not against the drafter of the MOA. The principle of contra proferentem shall not apply. MOU Regarding Subsection 4.7.2 Standby for Duty (for Detectives) Page 2 of 3 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 MCA shall be deemed executed and effective as of this r 1— day of May 2019. FOR THE CITY: tDc, n N�q aldA in 1l� Dana Ralph D to Mayor Natalie Winecka Date Interim H man Resources Director 5 /2/B ent Ashbaugh Date Labor Relations Manager AP OVED AS TO FORM T y White Date D ty City Attorney ATT ST Kim Komoto Date City Clerk FOR KPOA: Matt Stan eld D to KPOA President .7 /19 Wayne Graft Date KPOA Vice President MOU Regarding Subsection 4.7.2 Standby for Duty (for Detectives) Page 3 of 3 1� 0 KENT WASHINGTON Request for Mayor's Signature Complete this form and route to the Office of the City Attorney (Print on cherry -colored paper) Approved by Director Originator: Brent Ashbaugh Phone (Originator): 52 96 Date Sent:5/09/1 9 Date Required: Returned Signed Document to: H R 8 Contract Coversheet Attached Vendor Name: KPOA Has this Document been Specifically Authorized in the Budget? Yes ❑No Date of Council Approval: Account Number: Brief Explanation of Document: MOU for KPOA regarding standby pay RECev,Eo 41QY 151019 KENT L,q w KEPT Date Received by City Attorney: Comments:n�� 1 f ` RECEIVED Date Routed to the Mayo 's ffi e: MAY 16 2010 �.I1 Date Routed to the City Clerk: ! 7t City of Kent Office of the Ma= Date Returned to Originator: adccW19756_4_18