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Home My WebLink AboutCAG2019-103 - Supplement - Kent Police Officers Association (KPOA) - MOA re: Move Detectives to Patrol Holiday Schedule - 09/22/2020Agreement Routing Form KENT For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper)WaSHTNGToN T oLo.c Originator: Brent Ashbaugh Department: Human Resources Date Sent: 3t18t20 Date Required Authorized to Sign: E Director or Designee El Mayor Date of Council Approval: Budget Account Number: Budget? EYes E No Grant? EYes E No Type: co ty G EhorFs +,tro EooLgl Vendor Name KPOA Category: Contract Vendor Number:Sub-Category: Amendment Project Name: MOU - HOLIDAYS Project Details:MOU detailing the agreement to move detectives to Patrol holiday schedule Day of actual holiday instead of City observed. Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? El Yes E No* *lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase Local Exceptions" form on Cityspace. Notice required prior to disclosure? EYes ENo Contract Number: olc flJ\.o as o=E,i tgEgl VI o""*".FioffU'itjvro sEP 3 2 2020 KENT LAw r)Eor Comments -bt !r Date Routed to the Mayor's Office: Date Routed to the City Clerk's Office: dd(W22l7l 1 20 Visit Documents.KentWA.gov to obtain copies of all agreements OK to sign 9/22/2020, TW. Please fill in the date that appears immediately before all of the signatures. CAG2019-103 MEMORANDUM OF AGREEMENT by and between the CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS Regarding ARTICTE 7 - HOLIDAYS This Memorandum of Agreement ("MOA") is entered into by and between the City ofKent ("the City") and the Kent Police Officers Association, representing the police Sergeants and Officers' bargaining unit (referred to herein as "KpOA"), to amendSection 7 of the collective bargaining agreement ("CBA"). Background The City and the Union are parties to a collective bargaining agreement ("CBA") effective January \, 20L9, through December 3L, 2O2L Article 7 of the parties' CBA describes the holidays observed by the City of Kent, therate of pay that applies to Officers and Sergeants who are required to work onobserved holidays, and other options availablJto officers and Sergeants to annuallycarry over or buy-out their unused holiday hours. This section of thl CBA is confusingand causes issues with ensuring the City pays Officers and Sergeants correctly inregards to Holiday pay. This MOU simplifies Article 7 and needs to occur prior to theCity launching its new payroll system. As a result, the parties have met and negotiated a revision to the holiday provisionsof the CBA, and this MOA formally amends "Article 7 - Holidays" of the CBA toimplement the revisions as provided for in this MOA. Asreement The parties agree as follows: 1. Article 7 of the cBA, entitled "Holidays," is amended as follows: ARTICLE 7 - HOLIDAYS Section 7.1. Holidavs Observed The following holidays shall be considered as holidays for full time employees. 1. [Jei; Year's Day 2. Martin Luther King Day 3. President's Day4. Memorial Day 5. Independence Day 6. Labor Day7, Veteran's Day B, Thanksgiving Day9. Day after Thanksgiving 10, Christmas ---l r r-l:l-.- J_L rCt JLrltql I lLrilLJsy All employees will observe the holidays on the actual day of the holiday. Section.Z.2. Holiday Compensation A. Annual Holiday Hours Employees shall be entitled to a combination of 110 hours of Lt - - -4 ---:!l- - ) r. - -^- -^---!i^- :- li^.. ^C +i*^ ^CCLlTTle ()ll wlLIl pdy dllu,,ul LUlllPcllsdLlullllt llcu ul LllrlE urr during each year in observance of ihe holidays identified in Section 7.I, as provided in Section 7,2.8. B. Availability_of Hours for Use. 100 hours will be deposited into the employee's holiday hanlz nn'lrnrrarrr 1st, Js,,uer t r Ten (10) hours of personal holiday hours will be deposited into the employee's holiday bank and available for immediate use on January 1't. These 10 hours must be used by November 15 of the same year in which they were deposited in the employee's holiday bank, or these 10 hours will automatically be cashed out on the annual "holiday buy- out" check. The personal holiday hours will be awarded to new hires upon their dates of hire. Employees 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. Thosc cmployees who wish to receive pay for their unused holidays, in addition to any remaining 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 the "holiday buy-out,, 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 as of November 30th of each year shall be 220 hours. All hours above 2ZO shall be cashed out automatically on the annual ,'holiday buy-out" check. 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 maximum accrual limit is done on a case-by-case basis and does not serve as precedent for any subsequent requests. C. All Employees Pay_Rate for Work on HolidaLs Employees who are scheduled to work on one of the holidays listed in Section 7.1 shall be compensated at the rate of L-L/2 times the regular base pay for all hours worked for their shifts that begin on the holiday; except those employees required to work on Thanksgiving or christmas shall be compensated at the rate of two-times the regular base pay for all hours worked. Detectives who are scheduled to work on one of the holidays listed in Section 7.2.E and those Detectives assigned to work in Section 7.2,F shall be compensated at the rate of L-t/2 times the regular base pay for all hours worked for their shifts that begin on the holiday; except those employees required to work on Thanksgiving or christmas shall be compensated at the rate of two-times the regular base pay for all hours worked. Employees who sign up for overtime, are held over for staffing reasons by either mandate or volunteer, or are called into work on one of the holidays listed in section 7.1 shall be paid at the rate of two times the regular base pay for all hours worked, Employees who have mandated paperwork (in-custodies, INV cases, or end of week paperwork) shall be paid at the rate of two timcs the resr-rlar base oav with Serceant ^..-^.,^ictppr uvdr. At no time will an employee receive more than two times the regular base page for any hours worked on a holiday D Patrnl l)irriqinn Employees assigned to the Patrol Division will be allowed to work on holidays that fall during their reguiarly scheduied ^1,.i6+- -^,.{ ,^,iil hn nrirl ra n-a.,irlnrl fnr in Cnn+inn -7 1 f -fan "Patroi Division" ior purposes oi this section is cieiined as nnn-Frrrlifinnrl/chiFF rrrnrlz rrrlriclr innlrrr{ac 9rlrnl Traffirllvll llqVlLlVllUl/JllllL VVVII\t fllllVll lrtvlgUlJ I q!lVlt llglllv, 5UU, ANQ >KU. Employees required to werk late swing shift, late power shift, grave shift, or non-Day shift with any hours from 15:00 to 23:59 hour on December 24th or December 31st shall also be compensated at the rate of time and one-half. Additional time off at a later date and dual inconvenience -F all ^^+ hA ^-^.,i/.1^,.'l l-^ ^lnhl^\'AAr r ^t,i-arl l-^ ,^,^.1, n^)ltqil ltvL ug FruvruEu LU ErrrPrvyEES rEYuilEu Lv vvulA vtt December 24rh or December 3ist, Employees who are working their regularly scheduled Day shift on December 24rh or Decernber 31st are not eligibte for time and one-half compensation. E. inves*tigations and SUpport Services Divisions -l-- A -^ lr-:! ^a!L- t---^-!:--L:-- h:.-:-:--.-.:ll L-tnc ucLccLtvc untL ut Lnc rnvuSLt9dLtun utvtStoil wilt uc allowed to work on seven holidays that fall during their regularly scheduled shlfts and wlll be paid as provlded for in Section 7.2,C, These holidays are 1. New Year's Day 2. Martin Luther King Day 3. President's Day 4. Memorial Day 5. Labor Day 6. Veteran's Day 7. Day after Thanksgiving All other Employees assigned to the Investigations and Support Services Divisions are not authorized to work their normal scheduled shift on the observed holidays listed in Section 7.1, unless they have been scheduled to work as provided for in Section 7.2.F. F rh 2 3 Thanksgiving, and Christmas. Up to two (2) employees of the Detective Unit may be allowed to work on the 4th of July, Thanksgiving, and Christmas during their regularly scheduled hours (or from 0800 to 1800 hours), as approved by their supervisor. Approximately 30 days before the holiday, the supervisor shall notify 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 detective,s responsibility to notify the supervisor in a timely manner of his/her availability to work the holiday. Detectives who fail to notify their supervisor of their availability will be passed over on the list. Once the holiday assignments are made, if the scheduled shift cannot be worked by the detective(s) assigned, 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 vacint holiday slot. G. Unused HQliday Hours.. Employees who are required to work on one of the 10 holidays listed in Section 7,1shall, in addition to the pay provided for under Section 7.2,C. above, be entitled to take the holiday off at a later date subject to approval of police Administration, or may elect to carry the holiday hours in the employee's holiday bank for carry over or buy-out as provided for in this Article 7. Employees whose regularly scheduled day off falls on any ofthe 10 holidays listed in section 7.l shall be entitted to the holiday(s) off at a later date subject to the approval of the Police Administration, or may elect to carry the holiday hours in the employee's holiday bank for carry over oi buy- out as provided for in this Article 7. All other language of the CBA shall remain in full force and effect and shall not be altered by this MOA, This MOA was prepared and/or reviewed by both parties. In the event of anambiguity in any term of this MoA, it shall be interpreted evenly, and notagainst the drafter of the MOA. 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 MOA, and this MOA shall be deemed executed and effective as of this - day of ---, 2020. FOR THE CITY:FOR KPOA: €{ Dana Ralph Date Matt Stan e Ma KPOA Preside ,/, .--, - I I - /.'\ Teri Smith Date Graff Date Human Resources Director KPOA Vice President Bre u Eate LaDOr Kelauons Manager APPROVED AS TO FORM r Tammy White Deputy City Attorney Date Vim Wa'ma+ar\iltr l\urtruLU City Clerk hrl'a 09/22/2020 22nd September 09/22/2020 09/22/2020