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Home My WebLink AboutCAG2002-0534 - Original - Kent Police Officers Association (KPOA) - Police Sergeants & Officers 2002-2004 Labor Agreement - 01/01/2002 CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION POLICE SERGEANTS AND OFFICERS 2002 - 2004 LABOR AGREEMENT 11NYIUSRIESIPUBLIC1LaborlUNIONIPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc TABLE OF CONTENTS Pape No. 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 14 ASSOCIATION OFFICIALS RELEASE TIME 1 SECTION 1 5 PROBATIONERS 2 ARTICLE 2 -ASSOCIATION MEMBERSHIP AND DUES DEDUCTION ..... ........................ ............ ....... 3 SECTION 2 1 ELIGIBILITY 1 1 3 SECTION 2 2 ASSOCIATION MEMBERSHIP 4 SECTION 2 3 DUES DEDUCTION, 4 ARTICLE 3-EMPLOYMENT PRACTICES....................................... .... ... ............................... ................5 SECTION 3 1 SENIORITY DEFINITION 5 SECTION 3 2 PERSONNEL REDUCTION 6 SECTION 3 3 SEVERANCE PAY NOTICE 6 SECTION 3 4 ESTABLISHMENT OF REINSTATEMENT REGISTERS 6 SECTION 3 5 EMPLOYEE STATUS WHEN REINSTATED 7 SECTION 3 6 EEO/NONDISCRIMINATION 7 SECTION 3 7 PERSONNEL FILES 7 ARTICLE 4-HOURS OF WORK AND OVERTIME.. ............................................................. ...... ............8 SECTION 4 1 HOURS OF WORK 8 SECTION 4 2 OVERTIME 9 SECTION 4 3 CALL BACK AND MINIMUM OVERTIME 10 SECTION 4 4 OVERTIME PAY FOR COURT APPEARANCES 10 SECTION 4 5 COMPENSATORY TIME 11 SECTION 4 6 KENNEL TIME AND K-9 OVERTIME 12 SECTION 4 7 STANDBY FOR DUTY 13 SECTION 4 8 SHIFT BIDDING 13 481 Shift Assignments 13 4 8 2 Shift Bidding Process 14 4 8 3 Shift Biding Dates 15 4 8 4 Days Off Rotation 15 SECTION 4 9 DAYLIGHT SAVINGS TIME - 15 ARTICLE 5-DEPARTMENTAL WORK RULES AND WORK SCHEDULES...... ....... .... .............. .... . 15 SECTION 5 1 NOTIFICATION OF WORK RULE CHANGES 15 SECTION 5 2 MODIFIED WORK SCHEDULE 16 ARTICLE6 -SICK LEAVE ... ................ .... ........... .... ... ........... ....................................... ...... .. ..... .... 16 SECTION 6 1 SICK LEAVE BENEFITS 16 SECTION 6 2 SICK LEAVE ACCRUAL 16 A LEOFF I Employees 16 B LEOFF 11 Employees 16 SECTION 6 3 LEOFF II SICK LEAVE USAGE 17 SECTION 6 4 LEOFF II EMPLOYEES--ON-DUTY INJURY LEAVE PROVISION 17 1WY1USR1ESIPUBLIC1LaborIUNIONIPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc - 1 - SECTION 6 5 LEOFF I EMPLOYEES LEAVE TO CARE FOR SICK DEPENDENTS 17 SECTION 6 6 SICK LEAVE INCENTIVE/BUY-OUT PROGRAM 18 SECTION 6 7 LIGHT DUTY 18 ARTICLE 7- HOLIDAYS.................................................................................................................I.........19 SECTION 7 1 HOLIDAYS OBSERVED 19 SECTION 7 2 HOLIDAY COMPENSATION, - - - - - 19 ARTICLE 8 -EDUCATION ALLOWANCE.......... ......... ..................... .......... .......... ...... .................. ... .21 SECTION 8 1 GENERAL POLICY 21 SECTION 8 2 OFFICERS- POLICY 21 SECTION 8 3 CLASS ATTENDANCE 22 SECTION 8 4 REIMBURSEMENT PROCEDURES 22 ARTICLE 9 -ANNUAL LEAVE............... ....... ........................................ ... ............................ ... ...... ..... 22 SECTION 9 1 ANNUAL LEAVE ACCRUAL 22 SECTION 9 2 SCHEDULING ANNUAL LEAVE 23 SECTION 9 3 VACATION BIDS 23 SECTION 9 4 MAXIMUM ACCRUAL 24 ARTICLE10 -PENSIONS .........................................................................................................................24 ARTICLE 11 -BEREAVEMENT....... ....... .. ... .......... ..................... .......... .......... ...... ...... ...... ... ..... 24 ARTICLE 12 -CITY SUPPLIED EQUIPMENT............................................ ... ...... ...... ... ................. ... . 25 ARTICLE 13 -MANAGEMENT RIGHTS........ .................................................................. ...... .........I.... .25 SECTION 13 1 GENERAL MANAGEMENT RIGHTS - - - - - - 25 SECTION 13 2 VOLUNTEERS AND TEMPORARY EMPLOYEES 26 ARTICLE 14-PERFORMANCE OF DUTY...............................................................................................27 SECTION 14 1 NON-STRIKE PROVISIONS 27 SECTION 14 2 PERFORMANCE OF DUTY 27 ARTICLE 15 -CONFERENCE BOARD/COMMUNICATIONS...... .......... ... ....................................... .. .27 SECTION 15 1 CONFERENCE BOARD 27 SECTION 15 2 COMMUNICATIONS WITH THE CHIEF ADMINISTRATIVE OFFICER 27 ARTICLE 16 -GRIEVANCE PROCEDURE... ... .................... ...... ......... .... ...... ...... ........................ ... .28 SECTION 16 1 GRIEVANCE DEFINITION 28 SECTION 16 2 REPRESENTATION DURING GRIEVANCES 28 SECTION 16 3 EXCEPTIONS TO TIME LIMITS 28 SECTION 16 4 CLASS ACTION 29 SECTION 16 5 STEPS AND TIME LIMITS 29 SECTION 16 6 ARBITRATOR'S AUTHORITY 30 SECTION 16 7 ELECTION OF REMEDIES 31 SECTION 16 8 RETROACTIVITY 31 ARTICLE 17 -POLICE OFFICERS' BILL OF RIGHTS...... ... ...... ......... .......... ...... .......... ................. .. 31 SECTION 17 1 BILL OF RIGHTS - - - - - - - 32 SECTION 17 2 PSYCHOLOGICAL EVALUATIONS 33 A Conditions Under Which Evaluations Will Take Place 33 B Results of the Evaluation 1 1 34 11NY1USR1ESIPUBLIC1Labor\UNIONIROFFICER102.04 Contract12002-2004 PD Contract Final 01-14-02 doc - 11 - ARTICLE 18 -COMPENSATION........................................................................................ ................ ..... 34 SECTION 18 1 SALARIES 34 SECTION 18 2 SALARY PLAN 35 SECTION 18 3 PREMIUM PAY 36 SECTION 18 4 WORKING OUT OF CLASSIFICATION 36 SECTION 18 5 LONGEVITY AND EDUCATION INCENTIVE PAY 36 18 5 1 Longevity Pay 37 18 5 2 Educational Incentive 37 18 5 3 Grandfathenng of Longevity/Education Pay 37 SECTION 18 6 EFFECTIVE DATE OF COMPENSATION INCREASES 38 SECTION 16 7 CLOTHING AND EQUIPMENT 38 SECTION 18 8 COMPENSATION FOR TRAINING 38 SECTION 18 9 TIMELY COMPENSATION 39 SECTION 18 10 MATCHING DEFERRED COMPENSATION 39 SECTION 18 11 ACCREDITATION PAY 40 ARTICLE 19 -INSURANCE COVERAGE.. ..... ............................ .. ..... ........................................ .. . ..40 SECTION 19 1 HEALTH CARE INSURANCE 40 Subsection 19 1 1 Plans Offered 40 Subsection 19 12 Employee Coverage 40 Subsection 19 13 Dependent Coverage 41 Subsection 19 14 LEOFF I Health Coverage Requirement 41 SECTION 19 2 LIFE INSURANCE _ 41 SECTION 19 3 FORMS HANDLING 41 SECTION 19 4 HEALTH CARE TASK FORCE .. 42 SECTION 19 5 HEPATITIS B VACCINATION PROGRAM 42 SECTION 19 6 LONG TERM DISABILITY INSURANCE 42 ARTICLE 20-MILITARY LEAVE.. ..... ..... ..... ........ ........ ........... . .................... ..... ......................... ....42 ARTICLE 21 -SMOKE FREE WORK PLACE...........................................................................................42 ARTICLE 22-SUBSTANCE ABUSE TESTING.......................................................................................43 SECTION 22 1 POLICY 43 SECTION 22 2 INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING 43 SECTION 22 3 EMPLOYEE TESTING 44 SECTION 22 4 SAMPLE COLLECTION 44 SECTION 22 5 DRUG TESTING 45 SECTION 22 6 ALCOHOL TESTING, 46 SECTION 22 7 MEDICAL REVIEW PHYSICIAN 46 SECTION 22 8 LABORATORY RESULTS 46 SECTION 22 9 TESTING PROGRAM COSTS 47 SECTION 22 10 REHABILITATION PROGRAM 47 SECTION 22 11 DUTY ASSIGNMENT AFTER TREATMENT 47 SECTION 22 12 RIGHT OF APPEAL 47 SECTION 22 13 ASSOCIATION HELD HARMLESS 48 SECTION 22 14 CONSENT FOR SAMPLING AND RELEASE OF INFORMATION FORM 49 ARTICLE 23 -SAVINGS CLAUSE..... .............. ..... ..... ........... . .... .. .. ..... ........... ........... ............. ..... 50 ARTICLE 24-ENTIRE AGREEMENT.............. .............. .... .. ............. ..... ...................... ..... ....... ..... .50 ARTICLE 25-TERM OF AGREEMENT........................................................ .... .......................... .. .. ....51 1INY1USRIESIPUBLIC1LaborIUNIONIPOFFICER102.04 ContraW2002-2004 PD Contract Final 01-14-02 doc - III - 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. 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 members Once these meeting dates are agreed upon, Employee Services will \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 1 of 51 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 oft) to account for negotiation time shall be treated similar to vacation leave requests B 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. C 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 1 51 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 \\NY\USRIES\PUBLIC\LaborWNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doe 2 of 51 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 1 5.2 Transferred or Promoted Employees. 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. If the special probationary employee fails to demonstrate that he or she can completely and satisfactorily perform the)ob within the special probationary penod, 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 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 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 \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002.2004 PD Contract Final 01-14-02 doe 3 of 51 Section 2.2. Association Membership The Association accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status Neither party shall discriminate against any employee because of membership or non- membership in the Association However, this clause shall not restrict the Association from providing internal, Association sponsored benefits to Association members only 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 the deduction of monthly dues uniformly levied by the Association for those employees who elect to become members of the Association and who request in writing to have their regular monthly Association dues deduction checked off 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 All employees who elect not to become members of the Association shall, in lieu of Association membership, pay to the Association a regular monthly service fee equal to the Association dues schedule in effect for that employee as a monthly contribution towards the administration of this agreement Such fees shall not exceed the maximum agency fee allowed by law Employees failing to honor their Association security obligations shall be discharged, after thirty (30) days' written notice, at the request of the Association D 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. E The Association and City agree that the City will not make any other deductions on behalf of the Association, except those described above. 11NY1USR1ES%PUBLIC1Labor\UNIONIPOFFICER102-04 Contrac62002-2004 PD Contract Final 01-14-02 doc 4 of 51 F In accordance with state law, employees covered by this Agreement who are forbidden from joining a labor organization based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member shall pay an amount of money, equivalent to regular Association dues and initiation fee, to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Association The employee shall furnish written proof that such payment has been made If the employee and the bargaining representative do not reach agreement on such matter, the Public Employment Relations Commission shall designate the charitable organization ARTICLE 3 - EMPLOYMENT PRACTICES Section 3.1. Seniority Definition A Seniority, for the purpose of vacation bids, and reductions in force 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 and reductions in rank resulting from personnel reductions, 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 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 the 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, 11NY1USRIESIPUBLIClaborlUNIONIPOFFICER102-04 Contracfl2002-2004 PD Contract Final 01-14-02 doc 5 of 51 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, the following basic provisions will apply A It shall be the responsibility of the City to determine lob classification in which layoffs 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 B Order of layoff shall be determined by lob classification Employees with the least seniority in any classification will be laid off first. C Reductions or transfers of non-probationary employees in the bargaining unit shall be accomplished in accordance with seniority within classifications with the least senior employees being first reduced or transferred 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 lay offs 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. ❑NYIUSR1ES\PUBLIC%LaboiAUNIONIPOFFICER102.04 Contract12002-2004 PD Contract Final 01-14.02 doc 6 of 51 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. Employee 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 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 lob 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 Office of the Chief of Police and the Employee Services 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 Employee Services B All Police personnel files must be kept, maintained and secured in the confines of the Police Chiefs Office and the Employee Services Department The Police Chief and the Employee Services Director, or their designee, shall be responsible for the privacy of such files It is understood that staff of each office 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 responsible for Police Department operations and/or City administration including City Attorney 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 employee will be notified three (3) work days prior to such MY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 7 of 51 release 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, Employee Services 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 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, Employee Services 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 for not more than five (5) years, provided no other discipline has previously or subsequently occurred However, these records will be purged after five (5) years has elapsed during 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 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 and the work week will commence at 12 00 a m, Sunday and end at 1159 p m on Saturday 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 1\NYIUSRIES\PUBLIC1Labor\UNION\POFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 8 of 51 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 7 C The normal work week for officers working as detectives, pro-act, 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 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, except for emergency situations as determined by the Administration which make It Impractical to give such notice This provision does not apply 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 unit will continue to maintain their normal work schedule unless specifically released from duty Members of the bargaining unit who work their normal schedule during such declarations will not receive additional monetary compensation or time off Section 4.2. Overtime 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 PRO-ACT 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 1\NY%USR\ES\PUBLIC\LaborIUNION\POFFICER\02-04 ContracO2002-2004 PD Contract Final 01-14-02 doc 9 of 51 C Patrol officers on a 4-3 week shall be paid at the rate of time and one-half for all hours worked 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 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 Shift Other than Grave - Employees will receive pay at the overtime rate for court appearance time outside of regular duty hours, provided, however, each employee required to report for court appearances shall receive a minimum of three (3) hours pay at the overtime rate, for separate court appearances in accordance with Section 4 4 D B Grave Shift - Employees who are assigned to the "grave" shift will receive pay at the overtime rate for court appearance time outside of regular duty hours, provided, however, each employee required to report for court appearances following his regular duty shift shall receive a minimum of four (4) hours pay at the overtime rate, for separate court appearances in accordance with Section 4 4 D \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 10 of 51 C 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 provisions of A and B 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 provisions of A and B above D 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 E 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 F Court Appearance Call Off— Employees subpoenaed for court, who do not receive timely notification that their attendance in court is not needed, shall be compensated at one-half (1/2) the applicable court appearance minimum rate as specified in A or B above Timely notification is when the employee has been informed, through established procedures, by 5 00 PM on the day prior to the specified court appearance date Compensation shall be granted when 1) the employee is not notified by an authorized person by 5 00 PM on the day prior to the court appearance date, and 2) the employee has contacted the department after 5 00 PM on the day prior to the court appearance date to confirm whether the employee's presence is needed Section 4.5. Compensatory Time A 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 B An employee may accumulate up to 80 hours of compensatory time All hours above 80 must be paid unless special approval is received from the Chief and Employee Services Director \\NY\USR\ES\PUBLIC\Labor\UNIONIPOFFICER\02-04 Contractk2002-2004 PD Contract Final 01-14-02 doc 11 of 51 C. The City shall make every effort in scheduling to allow employees to take compensatory time off, at the employees' request, to comply with FLSA regulations Employees must provide written notice to their assigned supervisor a minimum of three (3) regular work shifts in advance of their Intent to use compensatory time This does not prohibit the supervisor from allowing employees to use compensatory time off with less notice as staffing levels permit D Employees who wish to receive pay for their accumulated compensatory time 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 will submit their request in writing to the Chief of Police no later than November 15th each year This does not preclude the employee from receiving pay for their accumulated time during any regular pay period 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 temporary assignments that are funded from any outside funding source (i e SEAFAT, Violent Crimes Task Force, grants, etc ) shall not be eligible to accrue compensatory time for their work in those assignments Section 4.6. Kennel Time and K-9 Overtime A Kennel Time Employees assigned as K-9 Officers shall be given a total of 15 hours per month (10 hours at 1'/z = 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 Kennel Time off cannot be used on non-purchased holidays (holiday leave must 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 11NY1USR1ES\PUBLICSLabor\UNION\POFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 12 of 51 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 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 Section 4.8. Shift Bidding 4 8 1 Shift Assignments A Shift assignments for Patrol Officers and Sergeants shall be determined by a bid system based on tenure in those positions with Kent Police Department 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 During the initial probationary period of employment, Patrol Officers are not eligible to bid for shift assignments NNYIUSR%ES\PUBLIC\Labor\UNION\POFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 13 of 51 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 first bid system shall give priority to the most senior personnel for his or her shift assignment preference On the fourth bid assignment cycle after February 1, 1989, the priority for shift assignment preference shall be reversed so that the least senior personnel shall receive priority for shift assignment preference Thereafter, at the end of every fourth cycle, the personnel receiving priority shall alternate between the most senior and least senior E 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. 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 business necessity E 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 ) For the purpose of shift bidding within the specialty assignments, seniority is defined as continuous length of service within the specialty assignment \INY\USR\ES\PUBLIC\LaborIUNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 14 of 51 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 the third Wednesday nor later than the fourth Wednesday of October or earlier than the third Tuesday or later than the fourth Tuesday in April, 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 assignments shall be posted no later than five (5) calendar days after the submission deadline B Each Patrol Officer shall submit his or her shift preference bid no earlier than the first Wednesday nor later than the second Wednesday in November or earlier than the first Wednesday nor later than the second Wednesday in May, as applicable All such bids must be received by the division's commander or his or her designee no later that 5 p m on the applicable date The assignments shall be posted no later than fifteen (15) calendar days after the submission deadline 4 8 4 Days Off Rotation The rotation for days off shall occur on the Sunday beginning 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 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 \WY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 15 of 51 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 changes shall not be precedent setting If such modified work schedules are approved by the Police Chief, the employee, and the Association, the parties agree to allow members of the bargaining unit to work such mutually agreed schedules 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 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 I Employees Officers hired by the City prior to 10/01/77, or otherwise qualify for the benefits of LEOFF I under the RCW, will not accrue sick leave These officers will have up to six (6) months for any single illness or injury as approved by the LEOFF Board B 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 66 ) \1NYIUSR\ESIPUBLICSLabor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doe 16 of 51 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 Lieutenant, 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 Lieutenant, 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 child of the employee under the age of eighteen with a health condition that requires treatment or supervision 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 An employee will be paid for the balance of his/her shift the day of the injury if the employee is unable to return to work that day, the employee will not be required to use any of his/her leave for the balance of this day Questions of policy clarification or interpretation should be referred to the Employee Services Director in writing Employees injured on-duty and qualified for "Worker's Compensation " 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 such disability, the City shall continue to contribute towards the employees' and dependents' medical and life insurance program at their pre-authorized disability levels Further, the employee shall continue to accrue annual leave and sick leave benefits while disabled for the period not to exceed six (6) months Section 6.5. LEOFF I Employees Leave to Care for Sick Dependents Paid leave will be granted to any LEOFF I employee required to care for or attend to an immediate family member who is sick or temporarily incapacitated and requires the assistance of the employee Such leave is not cumulative and shall not exceed six (6) \\NY\USRIES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 17 of 51 shifts per calendar year Employees who require leave time in excess of six (6) shifts per year shall be required to take compensatory time, annual leave, or leave without pay for the excess time required Administration and approval of the above shall be consistent with the provisions in the City of Kent Policy Manual Section 6.6. Sick Leave Incentive/Buy-Out Program Employees whose sick leave accrual exceeds 1,040 hours on December 31 of each year shall be compensated for all hours in excess of 1,040 hours 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 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 \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 18 of 51 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 lob classification requires the traditional work schedule Monday through Friday 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 will observe the remaining holidays on the actual day of the holiday * Purchased holidays 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 B and 7 2 D B The City shall purchase four (4) holidays from members of the bargaining unit each year which include Martin Luther King Day, Presidents' Day, Veterans Day, and the individual floating holiday 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 holidays purchased Members working less than a full calendar year will receive such holiday compensation in a proportion equal to their employment during the calendar year Those employees who wish to receive pay for their unused holidays, in addition to the purchased holidays, 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 11NY\USR1ESIPUBLICILabor\UNIONIPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 19 of 51 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 C. 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, 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 (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 At no time will an employee receive more than double time for any hours worked on a holiday Example 1 An employee who works a regularly scheduled shift on a holiday (except Thanksgiving or Christmas), shall be paid at the rate of 1-1/2 for that shift Employees authorized to work beyond the expected shift ending time to finish paperwork, to handle a late call, or for any reason other than staffing 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 Example 2 Employees scheduled to be off work on a holiday who are authorized to work, shall be paid at the rate of two times the regular base pay for all hours worked on that holiday D Bargaining unit employees who are required to work on one of the non-purchased holidays (7 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 E Bargaining unit members who are required to work on one of the purchased holidays (4 holidays) shall be entitled to only that compensation stated in "C" above Additional time off at a later date is not provided F Bargaining unit members whose regularly scheduled day off falls on any of the non- purchased holidays (7 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 any of the purchased holidays (4 holidays) shall not be entitled to a day(s) off at a later date. \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 20 of 51 G Full or partial shifts that are eligible for time and one-half as outlined in Section 7 2 are only those shifts that begin work between midnight and 23 59 hour of the holidays listed in Section 7 1 However, employees required to work swing or grave shifts 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 ARTICLE 8 - EDUCATION ALLOWANCE Section 8.1. General Policy The City recognizes the need to encourage and promote education opportunities for employees, subject to budgetary limitations The City will reimburse personnel for costs incurred in receiving approved training upon satisfactory completion of such training Eligible costs include A Tuition B Books C Fees associated with training If an 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 University of Washington tuition schedule Section 8.2. Officers - Policy The City shall reimburse an officer for actual cost of books, tuition, and course fees while attending approved courses Approval to attend reimbursed training shall be requested by June 1, of each year, for the next calendar year. Approval should include A Course list B Reason for taking the course C Approximate cost The Chief will then review and approve the total training requests and include the cost in the budget Once the budget is set, very few, if any changes can be made Intenm changes will be considered by the Chief and acted on only if budget is available \WY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 21 of 51 Commissioned officers who are working In the AA Degree Police Science Program will be reimbursed for costs of courses in that degree program provided A The program/school is approved by the Chief B The employee submits his training plan to the Chief for inclusion In the budget 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 available through outside grant funds, or any other potential source, then reimbursement shall be through that source (G I benefits and student loans shall not be considered outside funds for purposes of this section ) B Upon completion of approved training, the employee must prepare a request for reimbursement itemizing actual expenses Incurred and Including a copy of the training authorities' certificate of completion or grade report C Paid receipts for training costs must accompany the request for reimbursement The City will reimburse the employee for only those costs that have been approved and for which paid receipts are attached to the reimbursement request D Employees requesting reimbursement must submit the request, with documentation, within thirty (30) calendar days following successful completion of the approved course(s) Requests not received within 30 days will not be considered for reimbursement, unless good cause is shown ARTICLE 9 -ANNUAL LEAVE Section 9.1. Annual Leave Accrual Members of the bargaining unit shall receive annual leave benefits as follows \1NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 22 of 51 Hours of Leave Accrued Years of Employment Annually Monthly 1st through 4th year 96 hours 8 hours 5th through 9th year 120 hours 10 hours 10th through 12th year 144 hours 12 hours 13th through 16th year 152 hours 12 67 hours 17th through 19th year 176 hours 14 67 hours 20th through 22nd year 182 hours 15 17 hours 23rd through 251h year 192 hours 16 hours 26" year and thereafter 198 hours 16 5 hours Section 9.2. Scheduling Annual Leave Annual leave shall be granted to the employee at the time of the employee's choosing provided the departmental work schedule would not be adversely affected Section 9.3. Vacation Bids A The Intent of this section is to maximize an employee's ability to utilize accrued vacation time by establishing a biannual vacation bid system This bid system does not preclude supervisors from approving vacation requests, on a case by case basis, outside the bidding time limits B Bid System There shall be two designated periods for bidding vacation time The first vacation bid period shall be from December 1 to December 31 This bid shall allow employees to bid for and secure, by seniority, vacation dates anytime during the following calendar year Vacation requests from this bid period shall supersede all other vacation requests The second bid period shall be from June 1 to June 30 This second bid shall allow employees to bid for and secure, by seniority, available vacation dates from July 1 through December 31 of the same year Vacation requests received during this bid period supersede all requests not yet approved C Vacation requests received between bid periods will be recognized by date received and are not subject to seniority It is the employee's responsibility to obtain approval for these vacation requests prior to the second bid cycle All vacation requests received or approved after the second bid period shall be recognized by date received NNY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 23 of 51 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 is 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 Employee Services 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 11 - BEREAVEMENT A Members of the bargaining unit who are required to attend funerals of an immediate family member may be released from duty after authorization is obtained from the employee's proper chain of command In addition, the employee may receive up to three (3) days, if required, of leave with pay called bereavement leave Final approval to use bereavement leave must be granted by the Employee Services Director or Chief Administrative Officer before such leave is paid The request for leave shall contain the name(s) of the deceased, the relationship to the employee, and the expected period of absence Distance, travel time or other factors will be considered to determine the number of days to be granted B In the event that the time required to attend a funeral is in excess of three (3) days, sick leave may betaken A maximum often (10) days of sick leave maybe granted for this purpose 11NY1USRIES\PUBLIC1Labor\UNIONIPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 24 of 51 ARTICLE 12 - CITY SUPPLIED EQUIPMENT In placing this agreement Into effect, the City agrees to continue to provide the necessary articles of equipment to enable the employee to perform his/her duties, as has been done prior to this agreement This shall include, but not be limited to, providing flashlights, batteries, notebooks, typewriters, 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 Employees who suffer a loss or damage to appropriate personal property and/or clothing in the line of duty shall be reimbursed for such loss or damage by the City in an amount up to $300 00 per occurrence, provided a claim is filed with the City and is substantiated by loss control ARTICLE 13 - MANAGEMENT RIGHTS Section 13.1. General Management Rights 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 11MI\USRIES%PUBLIC1LaborNUNIONIPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 25 of 51 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 13.2. Volunteers and Temporary 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, 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 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 \\NY\USR\ES\PUBLIC\Labor1UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 26 of 51 ARTICLE 14 - PERFORMANCE OF DUTY Section 14.1. 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 14.2. 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 15 - CONFERENCE BOARD/COMMUNICATIONS Section 15.1. 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 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 16, 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 15.2. 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, \\NY\USR%ES\PUBLIC\Labor\UNION%POFFICER\02-04 Contract12002-2004 PD Contract Final 01-14-02 doc 27 of 51 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 Employee Services 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 16 - GRIEVANCE PROCEDURE Section 16.1. 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 Section 16.2. Representation During Grievances Grievances processed through Step 3 under Section 16 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 16.3. 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 anytime 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 \\NY\USRIES\PUBLIC1Labor\UNION\POFFICER502-04 Contrac02002-2004 PD Contrail Final 01-14-02 doc 28 of 51 the employee to proceed to the next step without waiting for the Employer to reply at the previous step Section 16.4. 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 16.6. Steps and Time Limits A grievance shall be processed in accordance with the following procedure 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 seven (7) 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 seven (7) calendar days The Division Commander shall answer the grievance within seven (7) calendar days 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 Employee Services 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 Employee Services 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 16 4, the grievance shall be forwarded within fourteen (14) calendar days after receipt of the Step 3 11NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 29 of 51 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 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 Cases that are referred to arbitration shall be so referred within thirty (30) calendar days after the Association's receipt of the Step 4 answer and 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 Section 16.6. 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 11NY USR1ESIPUBLICSLabor\UNIONIPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 30 of 51 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 16 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 16.7. 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 16.8. 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 ARTICLE 17 - 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 11NY1USRIESIPUBLIC1Labor%UNIONIPOFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 31 of 51 G Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of Improper Intimidation or coercion Twenty-four (24) hours prior to all investigation Interviews, the employee shall be afforded an opportunity and facilities to contact and consult with his or her Association representative, and to be represented by the Association representative to the extent permitted by law 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 H No employee shall be required to submit to a polygraph test or to answer questions for which the employee might otherwise properly invoke the protection of constitutional amendment against self-incrimination Nor shall the employee be dismissed for or shall any other penalty be imposed upon the employee solely for a failure to submit to a polygraph test, or to answer questions for which the employee might otherwise invoke the protection of any constitutional amendment against self-incrimination and provided further, that this provision shall not apply to either the initial application for employment, or to persons in the field of public law enforcement who are seeking promotion I 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 J 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 Section 17.2. 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 A 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 lob 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 \\NY\USR\ES\PUBLIC\L2bor\UNIONIPOFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doe 33 of 51 Section 17.1. 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 as the "Police Officers Bill of Rights" as follows A Every employee who becomes the subject of an internal investigation shall be advised in writing at the time of the interview that they are suspected of 1 Committing a criminal offense, or 2 Misconduct that would be grounds for termination, suspension, or other disciplinary action (greater than written reprimand) B Any employee who becomes the subject of a criminal investigation shall have all rights accorded by the State and federal constitutions and Washington law C The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview D Twenty-four (24) hours before any interview commences, the employee shall be informed, in writing, of the following • Nature of the investigation, • Whether the employee is considered a witness or suspect at that stage of the investigation, • Who is the complainant or the victim, • What reportedly took place, • When it happened, • Where it happened, and • The employee's right to have a KPOA representative present E 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 F At the cost of the requesting party and in accordance with Washington State Law, RCW, 9 73, the employee or City may request that an investigation interview be recorded, either mechanically or by a stenographer There can 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 \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 32 of 51 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 2 Any relevant medical history of the employee which the examining doctor requests shall be released by the employee only to the examining doctor B 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 duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee Modified work conditions may include light duty assignments as provided in Section 6 7 C As used in this section, "doctor" refers to a psychologist or psychiatrist ARTICLE 18 - COMPENSATION Section 18.1. Salaries Police Salaries - MONTHLY Required Months Police Class (Steps) 111102 in Each Step Recruit (A) $3754 6 months Probation Officer (B) 3885 12 months Patrol Officer 4 (C) 4079 12 months Patrol Officer 3 (D) 4314 12 months Patrol Officer 2 (E) 4586 12 months Patrol Officer 1 (F) 4889 Sergeant $5788 \WY\USR\ES\PUBLIC\Labor\UNION\POFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 34 of 51 Police Salaries - HOURLY Required Months Police Class (Steps) 1/1/02 in Each Step Recruit (A) $21 658 6 months Probation Officer (B) 22 414 12 months Patrol Officer 4 (C) 23 533 12 months Patrol Officer 3 (D) 24 889 12 months Patrol Officer 2 (E) 26 458 12 months Patrol Officer 1 (F) 28 206 Sergeant $33 393 The above salary schedule represents the following increases A Effective January 1, 2002, all members Of the bargaining unit shall receive a 3 9% increase, which is the equivalent of 100% of the Seattle-Tacoma-Bremerton CPI-W, June The Sergeant rank shall receive base pay equivalent to 18 4% differential above a top step Patrol Officer B Effective January 1, 2003, all members of the bargaining unit shall receive a cost of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton CPI-W, June C Effective January 1, 2004, all members of the bargaining unit shall receive a cost of living adjustment equal to 100% of the Seattle-Tacoma-Bremerton CPI-W, June Section 18.2. Salary Plan The above salary plan requires that any officer in the Department must satisfactorily serve fifty-four (54) consecutive months with the Kent Police Department in order to reach the top step in the pay plan Changes in grade will be made on the completion of each cumulative service period completed (i.e , after 6 months, after 18 months, after 30 months, after 42 months, after 54 months) The only exceptions shall be those provided by Civil Service, wherein education or prior police experience or training allow employees to be hired at grades higher than probationary The above salary plan will become effective for recruits hired on or after January 1, 2002 All employees hired prior to January 1, 2002 will be grandfathered under the prior 5 step (steps A-E) salary plan, (I a old step B becomes new step C, and so forth) \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 35 of 51 Section 18.3. Premium Pay A Premium pay of 3 5 percent of base pay per month in addition to regular pay shall be granted to officers who are assigned to the Detective Unit, Pro-Act, Public Information Officer, traffic officer, ERT members and canine unit of the Kent Police Department The Officer presently assigned to Crime Prevention will continue to receive the premium of 3 5 percent until such time as the assignment is reassigned When this assignment is refilled, the new Officer will not be eligible for any premium pay B Premium pay of 6 percent of base pay per month in addition to regular pay shall be granted to employees assigned as field training officers in the patrol division of the Kent Police Department C 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 18.4. Working Out of Classification A Any employee who is assigned to perform duties of a higher paying classification for periods of one full shift or more, shall be paid at the rate of the higher classification Provided, however, the employee will only be paid the higher rate if the temporary assignment equals or exceeds two hours B Only temporary assignments to the position 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 form his or her shift, provided the shift commander does not assume the Sergeant's responsibilities, or assigns those duties to the overlapping Sergeant Section 18.5. 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 \\NY\USR\ES\PUBLIC\Labor\UNICN\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 36 of 51 18 5 1 Longevity Pav 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 Pay_ 5 years Two percent (2%) 10 years Three percent (3%) 15 years Four percent (4%) 20 years Five percent (5%) Employees shall receive longevity pay for the highest level of longevity with the City There shall be no pyramiding of longevity pay 18 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 must have completed five (5) years of continuous employment as a commissioned officer with the Kent Police Department to qualify for educational incentive pay 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 DegreePay Associate (AA) One percent (1%) Bachelor (BA or BS) Three percent (3%) There shall be no pyramiding of educational incentive pay 18 5 3 Grandfathering of Educational Incentive Pay Employees hired into the bargaining unit between January 1, 1997 to December 31, 2001 shall continue to be paid their current educational incentive pay until such time as they meet the five years commissioned service above Once the employees have reached five years of commissioned service with the Department, the employee shall qualify for education incentive as listed above 11NY1USR5ESIPUBLIC1Labor\UNIONSPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 37 of 51 Section 18.6. 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 18.7. Clothing and Equipment A The City shall furnish employees with clothing and equipment required to perform their assigned duties Quantity of items shall be in accordance with past practice B 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 C Approved accessories to the uniform, which are optional in nature, shall be provided by the employee according to personal preference D Cleaning and laundry of uniforms supplied by the City shall be the responsibility of the employee E Officers who are normally assigned to the Detective Unit, Crime Prevention, Training, and Research or other assignment when civilian clothing is appropriate will be allotted 1 $500 per year for civilian clothing, and 2 Be provided uniforms by the City as required Section 18.8. Compensation for Training A The employee agrees to waive any overtime compensation due himfher as a result of attending the Washington State Law Enforcement School commonly referred to as "Basic 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 \1NY1USR\ESIPUBLIC1Labor\UNIONVPOFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 38 of 51 Section 18.9. Timely Compensation Employees will receive their payroll checks by 12 00 noon on the designated payday Concerning employees who wish to participate in the direct deposit 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 due to the possibility of unforeseen banking computer system problems that may arise from time to time Employees who opt to participate in this program 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 Section 18.10. Matching Deferred Compensation A The City will match an employee's contributions in the City's voluntary deferred compensation program at a rate of one for one, up to a maximum City contribution of two percent (2%) of a top step Police Officer's annual base pay 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 In order to be eligible for this matching contribution, the employee's contribution must be equal to or greater than the City's per pay period contribution In addition, the employee will make their participation choice within a two-week annual enrollment period as designated by Employee Services 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 For example If two percent (296) of a top step Police Officer's base pay equals $1,173 36/year, this is divided into twenty-four (24) pay periods and the City's per pay period matching amount would be $48 89 The employee's per pay period minimum contribution would be $48 89. 1) If the employee contributes$48.89/pay penod, the City will match $48 89/pay period 2) if the employee contnbutes $100 00/pay period, the City will match $48 89/pay period 1\NY\USRIES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 39 of 51 3) If the employee contributes $20 00/pay period, the City will match $0/pay period C New hires will be eligible to commence participation in the matching deferred compensation program based on their date of hire If an employee is hired between the 1st and 7" or the 161h and 22nd of the month, the employee will be eligible for the full matching amount for that pay period if he or she meets the matching criteria as stated in B above If an employee is hired between the 8t" and 15'" or the 23rd and the end of the month, the employee will not be eligible to participate in the matching 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 18.11. Accreditation Pav The salary levels provided herein shall be increased by one percent (1%) in recognition of the Kent Police Department's national accreditation status The additional salary shall remain in effect during the period of this Agreement for as long as the Department retains its accreditation ARTICLE 19 - INSURANCE COVERAGE Section 19.1. Health Care Insurance Subsection 19 1 1 Plans Offered For the term of the contract the following health care plans will be offered to bargaining unit members, effective the first of the month following date of signing A Premera Blue Cross, Enhanced Prudent Buyer (PPO) Plan, with the new cost containment features as agreed at the Health Care Committee level B Group Health Cooperative (HMO), with $5 00 copays for office visits and prescription drugs, and VSP Vision Subsection 19 1 2 Employee Coverage Employees in the bargaining unit shall receive a fully paid health care plan as noted in subsection 19 1 1 above underwritten by a company who provides such insurance nationwide The monthly premium cost shall be paid by the City \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 40 of 51 Subsection 19 1 3 Dependent Coverage Employees in the bargaining unit have dependent coverage available under the plans offered by the City The employee shall pay the following monthly premiums, between January 1, 2002 and December 31, 2002, depending upon the coverage and plan elected Preferred Group Health Employee/Spouse $15/mo $25/mo Employee/Children 10/mo 15/mo Employee/Family 25/mo 65/mo Beginning January 1, 2003, the employee shall pay the following monthly premiums depending upon the coverage and plan elected Preferred Group Health Employee/Spouse $27/mo $25/mo Employee/Children 23/mo 15/mo Employee/Family 44/mo 65/mo. 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 19 14 LEOFF I Health Coverage Requirement The City shall provide medical coverage of LEOFF I employees as required by law Section 19.2. Life Insurance The City shall pay the entire premium for double indemnity life insurance coverage for each eligible member of the bargaining unit The amount of coverage will be equal to the employee's annual base salary to the maximum of$50,000 Section 19.3. 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 \\NY\USRIES\PUBLIC\LaborIUNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 41 of 51 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 19.4. Health Care Task Force The parties agree that the Association's participation on the City's Health Care Committee has been mutually beneficial The parties agree to meet and develop a letter of understanding that describes the purpose of the Committee and the parameters under which the Committee operates Furthermore, the parties recognize that there must be representation and participation by all Unions on the Committee Section 19.5. 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 19.6. Long Term Disability Insurance The Kent Police Officers Association will administer its own Long Term Disability Insurance program ARTICLE 20 - MILITARY LEAVE Employees of the bargaining unit shall be granted a cumulative of fifteen (15) days of paid military leave per calendar year as required by state law ARTICLE 21 - SMOKE FREE WORK PLACE The Association and the City agree that in order to create a health work environment, to protect the public and reduce overall risk, the members of the bargaining unit agree to comply with the City policy concerning "Smoking" \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 42 of 51 ARTICLE 22 - 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 22.1. Policv 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 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 22 5 and 22 6 of this article Employees participating in treatment programs are expected to observe all lob performance standards and work rules Section 22.2. 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 to deal with a drug or alcohol problem shall not be disciplined 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 \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 43 of 51 Section 22.3. Employee 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 22.4. Sample 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 22 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 22 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 1\NY\USRIES\PUBLIC\Labor\UNION\POFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 44 of 51 Section 22.5. 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 nglml Cocaine metaboliteS2 150 ng/ml Opiate metabolites Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml (1) Delta-9-tetrahydrocannabmol-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 cnmrnal investigation or prosecution \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 45 of 51 Section 22.6. 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 22 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 22.7. 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 22.8. 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 \\NY\USRIES\PUBLIC\Labor\UNION\POFFICER\02-04 ConlractQ002-2004 PD Contract Final 01-14-02 doc 46 of 51 Section 22.9. 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 22.10. Rehabilitation Program Any employee who tests positive for a substance listed in Sections 22 5 and 22 6 of this article as determined by the Medical Review Physician in Section 22 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 22.11. 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 22.12. Right of Appeal 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 \\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER\02-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 47 of 51 Section 22.13. Association Held Harmless 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 11NY1USR1ESIPUBLIC1Labor\UNIONtPOFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 48 of 51 Section 22.14. Consent for Sampling and Release of Information Form CONSENT/RELEASE Subject to my rights under Article 22 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 \1NY\USR\ES\PUBLIC\Labor\UNIONIPOFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doc 49 of 51 ARTICLE 23 - 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 24 - 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 1\NY\USR\ES\PUBLIC\Labor\UNION\POFFICER102-04 Contract\2002-2004 PD Contract Final 01-14-02 doe 50 of 51 ARTICLE 25 -TERM OF AGREEMENT This Agreement shall become effective January 1, 2002, and shall remain in force until December 31, 2004 Signed this JL2 `day of , 2002, at Kent, Washington CITY OF KENT KENT POLICE OFFICERS ASSOCIATION Ji /JJhite, Mayor Frank Connelly, Association resident By ue Viseth Randy BqWe Employee ServicesDirector Negotiati6a Team Member By �� t C Q By Anh Hoang J Glenn LovFey Labor Relations Manager Negotiations Team Member By 'E . huck Miller Negotiations Team Member By Teri Smith Negotiations Team Member Approved as to form � —Cf City Attorney ,&,A t c V ,Ns en1 Attest City Clerk 1VNY1USR1ESIPUBLIC1LaborIUNIONIPOFFICER102-04 Contract12002-2004 PD Contract Final 01-14-02 doc 51 of 51