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HomeMy WebLinkAboutCAG2019-141 - Supplement - Kent Police Officers Association (KPOA) - MOA re: Call Out Duty Standby Hours - 07/10/2019 -`ENT Records Management g ent 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): 3S-78 Contract Number (City Clerk): C��o2a��'�`�� Category: -Labor Agreement 9 Sub-Category (if applicable): None Project Name: AC & Commander CBA 2019-2021 Contract Execution Date: 1/1/19 Termination Date: 12/31/21 Contract Manager: Brent Ashbaugh Department: Human Resources Contract Amount: Budgeted: Grant? Part of NEW Budget: Local: F State: F Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 1:1 Director1:1 Mayor City Council Other Details: MOU regarding Standby Hours for AC and Commander MEMORANDUM OF AGREEMENT By And Between The CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE ASSISTANT CHIEFS AND COMMANDERS Regarding Call Out Duty — Standby Hours This Memorandum of Understanding ("MOU") is entered into by and between the City of Kent ('the City") and Kent Police Officers Association ("KPOA") representing the Police Assistant Chiefs and Commanders' bargaining unit (also collectively referred to herein as "KPOA"). This MOU amends: (1) Article 4, Section 4.3 (Call Out Duty) - in the Collective Bargaining Agreement between the City and the Police Assistant Chiefs and Commanders' bargaining unit within KPOA. For convenience, each of the foregoing CBAs may be collectively referenced herein as "CBA". This MOA amends Section 4.3 of the CBA to change the compensation provided for standby duty from compensatory hours credited to Assistant Chiefs (AC) and Commanders' leave banks, to an hourly wage that is paid to Assistant Chiefs and Commanders' through regular payroll processing to compensate officers for standby duty performed. In addition, this MOA provides that all leave existing in Assistant Chiefs and Commanders' 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 4.3 of the CBA is amended as follows, and the remaining provisions of Subsection 4.3 remain unaffected by this MOA: Subsection 4.3 Call Out Duty 7. To compensate Commanders and/or Assistant Chiefs for the Call Out requirement listed above, the Commander and/or Assistant Chief shall receive ten (10) hours of standby pay r� e€f for each completed week of Call Out Duty. This additional pay will be processed for payment on the next regular pay date e can be banked f MOA Regarding Call Out Duty—Standby Hours Page 1 of 3 whe elect te be cashed out shall submit theiF request on writH-,�� Chief ef Pelmee ne later than Nevernber 15'h eaeh year.. The ma i number of standby heuFs banked shall not exeeed feFty (40) heurs at, any tinge and may be carried freng year The use ef banked standby heurs shall be requested in the same ma in i aceer daT7ee with Seetme T-jT 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. 2. The change in compensation method from compensatory leave accrual to payment of an hourly wage a�provided for in this MOA shall begin for all standby duty assignments on ��� 1 , 2019. 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. Section 3 - Signatures By signing below, the Parties agree that the above represents the Parties' full and entire agreement with respqct to this MOU. This MOU shall be deemed executed and effective as of this day of Jur e-, 2019. FOR THE CITY: FOR KPOA: MOA Regarding Call Out Duty—Standby Hours Page 2 of 3 Dana alph Da a Matt Stans iel Date Mayor KPOA President "Y�'a,¢:.�1)'t.vi►.acc.�cGt,,. 6/��1t9 ,,�-.--� -`' G Natalie Winecka Date Wayne Graff Date Interim Human Resources Director KPOA Vice President w Brent As "baugh Date Labor Relations Manager APPRQ#tD AS TO FORM T9 hite Date e ut ity Attorney � b Kim Komoto D to City Clerk MOA Regarding Call Out Duty—Standby Hours Page 3 of 3 REQUEST FOR MAYOR'S SIGNATURE KENT lr"rf' on Cherry-Colored Pape, Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Diredorf�' Originator: Brent Ashbaugh Phone (Originator):5296 Date Sent:7/5/19 Date Required: N/A Return Signed Document to: Brent Ashbaugh Contract Termination Date: 12/31/21 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 Contracts/Agreements) Has this Document been Specificall Account Number: Authorized in the Bud et? YES(5 NO Brief Explanation of Document: MOU regarding Standby Hours for AC & Commander All Contracts Must Be Routed Through The Law Dep kFg�, (This are -to be completed by the Law Department) Received: 1 r JUL 0 of vtzD 8 Approval of Law Dept.: �01� �1/,�/l�'' 9 Law Dept. Comments: t�"l Date Forwarded to Mayor: Shaded Area Completed By Administration Staff Received: RECEIVED Recommendations and Comments: JUL 10 2019 Disposition: City of Kent Office of the Mayor Date Returned: ivi Farrn Omument Processing equest or Mayor's Ignature.a.-