HomeMy WebLinkAboutCAG2022-168 - Original - Kent Police Officers Association (KPOA) - Police Assistant Chiefs and Commanders Labor Agreement - 01/01/2022Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's signature and contract cover
Sheetforms. (Print on pink or cherry colored paper)
FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Dir Asst:
DirlDep
KENT (Optional)
WASHIxGTON
G
oL
CL0.
Originator:
Brent Ashbaugh
Department:
Human Resources
Date Sent:
04/26/2022
Date Required:
Authorized to Sign:Date ofCouncil A oval
4/s/22l7luuyot or Designee
Budqet Account Number:Grant? vesfJ
Type: l\/ffBudset? lvesfruo
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Vendor Name:
KPOA
Category:
Contract
Vendor Number:5ub-Category:
Original
Project Name: KPOA Police Assistant Chiefs and Commanders CBA=L/I/22'L2/3L/24
Proiect Details:
KPOA CBA i L / Ll 22-L2/ 3L /24
Agreement Amount:
Start Date: 111 122
Basis for Selection of Contractor: Othef* Memo to Mayor must be ottoched
TerminationDate: 12131124
Local Business?es lf meets requirements pet KCC 3.70.1 00, please complete"Vendor Purchase-Local Exceptions" form on Cityspace'
Business License Verification vesl-l tn-Pro."tt!E*"tPt (KCC s.01.04s)
Notice required prior to disclosure?
No
Contract Number:
e U - l{p&
Comments:
KPOA Police Assistant Chiefs and Commanders CBA:I/7/22-12/31/24
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City Clerk's OfficeDate Received: City Attorn ey: 4/26/22 Date Routed: Mayor's Offi ]:1
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adccw22373-i 20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
POLICE ASSISTANT CHIEFS AND COMMANDERS
LABOR AGREEMENT
JANUARY L,2022 through DECEMBER 31' 2024
TABLE OF CONTENTS
TABLE OF CONTENTS......
PREAM8LE............
ARTTCLE 1 . RECOGNITION AND BARGAINING UNIT
REcoGNrrIoN oF THE AssocnrroN .......,
Drpury Cnlrr ASSIGNMENT
RepRrsrrurRrroru Du Rrrrrc N rcorrRrlorus
Bullrnru Bonno Spnce
Assocnnoru OrrucrRr_s' REreRSr TtN4r...,.,...
PRosRrtoNrRs,.
ARTICLE 2 . ASSOCIATION MEMBERSHIP AND DUES DEDUCTION ..
Srcnoru 2.1. Elrcrarury
Srcrroru 2.2. AssocrATroN MrMsrRsFtrp
Secrroru 2,3. Durs Droucrroru.
I
1
1
Srcnolrr 1,1,
Srcrlotrt 1.2.
Srcrroru 1.3.
SECIION 1.4.
Srsnoru 1.5.
Srcrtor,t 1,6.
ARTICLE 3 - EMPLOYMENT PRACTICES
SrruroRrry DEFrNrrroN
PERSoNNEL Rroucrroru .....
SrvrRRrucr Pnv/Nolcr
EstRsl-Istl turENT oF Rfl NsrRtrMrrur RrclsrrRs ............
Elvrpr-oyrr StRrus Wnrru Rnrusrnrro .....
E EO/Noru orscRr MTNATToN
PrRsolrrurl Ftrs ....,......
Srcnoru 6.6. Pruo FRIvIIly AND MEDIcAT LrRvr (PFML) PRocRRIv
1
1
1
1
1
23
3
3
3
34
Srcnoru 3.1,
Secrroru 3.2.
Srcrroru 3.3.
Srcnoru 3.4.
Srcnoru 3.5.
Srcnoru 3.6.
Srcrroru 3.7.
4
4
4
5
5
6
6
6
7
8
9
ARTICLE 4 - HOURS OF WORK.... .........7
Srcnoru 4.1. Wonr DRy Rrrro Wonr Wrrr
Srcnoru 4.2. Exrcuuvr Lrnvr......
Srcrroru 4.3. Cnll Our Dury........
Srcnoru 4,4. Moorrrro WoRr Scnrouu .......9+e
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES.......,.10
Srcnoru 5.1. NonrrcATroN or WoRr Rulr CHnrucES.............10
ARTICLE 6 - SICK LEAVE .1O{+
Secnoru 6.1. Srcr Lrlvr AccRuRr_.
Srcrroru 6.2. Srcr LrRvr Usncr ....
Srcrroru 6.3. LEOFF II Eprpr_oyrrs--Olr-Duw Iw:uRy LEAVE pRovrsroN
Srcnoru 6.4. Srcr Lrnvr lrucrrunvr/Buy-Our pRoeRRN4 .......... L2
Srcnoru 6.5, LrcHr Dury
.10++
.18++
.10+r
.1213
.t213
ARTICLET - HOLIDAYS..... 13iI4
Srcnoru 7.1- Cry HorroRys
Srcnoru 7.2 - HouoRy LrRvr BANK.....,,.....
Srcnor,r 7.3 - Houoeys roR Nrwly PRoMoTED CowrwRruorRs
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ARTICLE 8 . EDUCATION ALLOWANCE ....... .L4A4
Srcnott 8.1.
Srcrroru 8.2.
Srcnot't 8.3.
Srcrtoru 8.4.
Srcrrolt 8.5,
TMINING RITI O EOUCRTION REIM BU RSEM ENT POI-ICY .!!16
._lJ
.ffi+
.res
.16+8
Tnnrurruc Rruo EoucRrIoru AppRovRL PRocESS
Cuss ArrrruoRrucr
REIMBURSEMTlttt PROCTOURES....
TRRIlrtttrtc At-t-owRruce
ARTICLE 9 - ANNUAL LEAVE 16{€
Srcruoru 9.1. Altruunl LrRvr......
Srcnoru 9.2. Scnrouulttc AttttttuAl LEAVE.
Srcrtoru 9.3. MnxINuN4 AccRuRl-
ARTICLE 10 - PENSIONS . 18T9
ARTICLE 11 - BEREAVEMENT........... 1820
ARTICLE 12 . MANAGEMENT RIGHTS ........". 1828
Srcrroru 12.1. GrrurRRl MRruRcrurrur Rrcnrs .......'....'..182e
.1929Srcrroru 12.2. VoI-uNTEERS AND TEMPoMRv EmplovrEs..'...'.........
ARTICLE 13 - PERFORMANCE OF DUTY....' ". 194*
Srcrroru 13,1. Nolt-Strurr PRovlstottts _zr
20ztSEcr-roN 13.2. PrnroRMANcE or Durv
ARTICLE 14 - GRIEVANCE PROCEDURE ."...... 2O2'L
Srcrtoru 14.1, Grurvnrucr DrrturIoru
SECTION 14.2. RTPNESENTATION DURTITIC GRITVRruCES .4i22.an
.4i22
.N2
Srcrroru 14.3. ExcTPTIoNS ro TIMr LIMITS
Srcnoru 14.4. Cuss Acnoru
Srcnoru 14.5. Srrps nNo TIMr LIMITS...
Srcrtoru 14.6, AneIrMToR's AurnoRrv ...24
Srcrroru L4.7. Etrca.loN oF RrMroIes
Srcuolt 14.8. Rr-rnoAcrIVITY 23?5.
ARTICLE 15 - POLICE OFFICERS' BILL OF RIGHTS......... 23125
Srcrron 15.1. Btt-t- or Rtcnrs....,....-25
.2527Srsrroru 15.2. PsYcHoLocIcAL EvALUATIoNS........'.....
ARTICLE 16 . COMPENSATION........ 26f,9
Srcruoru 16.1. SnuRIES...........&3s
.2_730
Srcnoru 16.2. Colvtt4ururv SeRvlcr Dunrs u3s
u3+
_3+
2Bg
Secrroru 16.3. Wonruruc Our or CmssIrlcATIoN
SrcrIOru 16.4. LOITICEVITY AND EDUCATION IruCTruNVT PRY
Subsection 16.4.2. Educational Incentive"..zfip..ne
..nn
..3033
SEcr-roN 16.5. Errrgrtvr DRrr or CoN4prNsATIoN INCREASES
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Subsection 16.1.1 Wage Separation
Subsection 16.4.1. Longevity Pay.
SrcrIoru 16.6. CIoTHING AND EQulpurrur..'.
SrgrIOru 16.7. CONPENSATION FOR TMINING
Srcnoru 16.8. Ttr"lrly CoN4prNsATroN........
Srcrroru 16.9. DrrrRReo CorqprNSATroN
Srcnoru 16.10. AccRrorrnrrolr PRy
Srcnor'r 16.11. Cnll Bncr Pny.......
Srcnoru L6.L2 FIrrurss INCENTIVE
Srcrroru 16.13. Rrcnunruc Irucrrunvrs
Srcrroru L6.t4. CoMpnRRarr JuRrsorqrroNs .........fr"7
fr+7
33+7
Srcnoru 16.15. Brr_nrcuRl pny
Srcnoru 16.16. BoDy woRN CAMEM pAy
ARTICLE 17 - FUTURE CHANGES ...35:X}
ARTTCLE 18 - TNSURANCE COVERAGE........... **
Secrroru 18,1, Hrelru Cnnr InsuRnrucr
,s33
.il34
.3134
.313s
.3!35
.333+
Subsection 18.1.1.
Subsection 18.1.2.
Subsection 18.1.3.
Subsection 18.1.4.
Subsection 18.1.5.
Plans Offered.....
Employee Coverage..
Dependent Coverage..
HSA Funding
Retiree Medical Savings Plan
.3640
.3640
J_er
.3641
.3741
.3741
.3843
.38,+3
.n44
.w44
Srcrroru
Srcnoru
Srcrroru
Srcnoru
Srcnoru
Srcnoru
t8.2.
18,3,
18.4.
18.5.
18.6.
t8.7.
Lrrr IrusunnNCE ....,......
LOruc TrnN DTsRaIury INSUMNcE ..,.
Fonus HRruouruc
HrRltn CRRc Copuqrrrr
HrpRrIns B VnccIrunrloN PRoGMM
Lrrur or Dury DrRrn Brruerrs ......
n44
3944
ARTICLE 19 . MILITARY LEAVE ,....4015
ARTICLE 20 . TOBACCO FREE WORK PLACE
ARTICLE 21 - SUBSTANCE ABUSE TESTING
Srcnoru 21.1. SussrnNcrAause Poucy
srcrroru 21.2. IruroRMrNG Elvpr-ovrrs Asour DRuc Rlro ALcoHoL Trsnruc
Srcnoru 21.3. Elrployrr Trslruc
Srcrroru 21.4. Snupu Courcrroru
Srcnoru 21.5. Dnuc TESTrNG.......
Srcrrom 21.6. Ar_conol Trsnruc ..
Srcnoru 21.7, MrorcRl Rrvrrw PHvsrcnru
Secnoru 21.8. LnaoRAToRy Rrsulrs ........
Srcnoru 21.9. Trsrrruc PRoeRRM Cosrs
SrCrIoru 2I.TO. RTHRaILITRTIoN PRoGMM
Srcnoru 2L.Lt. Durv ASSTcNMENT Arrrn TnrRrvrrur
Secnoru 21.t2. Rrcnr or Apprnl.
Srcnoru 2L.L3. AssocrRrroru Hrlo HARMLEss
srcnoru 2L.t4. corusrrur roR SRr'lplrruc AND RrlrRsr or IruroRuRrroN FonM
40,15
40+5
............1146
............1146
............42+7
.4045.n#
.4348
.4449
.............4449
.............4449
.............1!4e
.,...........4550
ZRtr^..rr..rr IJJV
tEse
ARTICLE 22 . SAVINGS CLAUSE ....465+
ARTTCLE 23 - ENTTRE AGREEMENT. **
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ARTICLE 24 - TERM OF AGREEMENT g#
APPENDIX A. OFF.DUTY SUPPLEMENTAL HOURS PAY....... ....475i'.
APPENDIX B Retro ComPensation
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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 agreementwith 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 in which the City's Values are encouraged and practiced, giving recognition
to the rights and responsibilities of the City, the Association and the employeel.
ARTICLE 1 . RECOGNITION AND BARGAINING UNIT
Section 1.1. Recoonition of the Association
The City recognizes the Association as the exclusive bargaining representative for all
Assistant chiefs and commanders in the Kent police Department.
Section 1.2. Deputy Chief Assignment
Assignment to Deputy Chief will be made at the sole discretion of the police Chief.
While assigned as Deputy Chief, the employee will not be a part of the bargaining
unit. In the event that the employee reverts back to their previous Civil Service rank
held prior to the assignment, the employee will return to the bargaining unit. Time
served in the Deputy Chief assignment will count towards seniority within the
bargaining unit for all associated benefits.
Section 1.3. Reoresentation Durino Negotiations
For the purpose of negotiations between the parties, there shall be no more than two(2) 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 1.4. 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 1.5. Association Officials' Release Time
B
c
A.Time off with pay shall be limited to regular negotiations sessions between the
City and the Association negotiating team members during their scheduled
duty hours. This section shall apply only to members of the Association's
negotiating team and members who may be required to participate.
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'
Union officials may be allowed time off to attend training related to the
administration of this Agreement when the parties mutually agree that such
training is beneficial to both the City and the Union. Such time off shall not
result in any additional costs to the City. Such training must be pre-approved
by the KPOA Executive Board, signed by the Union President, and submitted
to and pre-approved by the Police Chief, or designee. The request will include
the purpose of the training, the date and time of such training, and the
proposed use of the employee's time (on/off duty or adjusted shift). The Union
shail continue to cover the registration, travel, and accommodation costs of
such training for the union officials. The time off for such training shall be
shared by the Union, the employee, and the City in the following manner:
1. If the training occurs during the employee's normally scheduled day(s)
off, the employee will attend the training on their own time.
2. If the training occurs during the employee's normally scheduled
workday(s), the time will be covered by the City. The employee's shift
may be adjusted within the workday to accommodate the training. The
total sum of training time off shall not exceed 150 hours annually for
the entire KPOA. However, if an acting assignment is required to replace
that employee, the Union shall cover the monetary difference between
the acting employee's normal wage and the acting pay cost using a
donated leave bank designated for this purpose'
Employees covered by the CBA may only donate vacation leave one time
in a calendar year, in whole hour increments, up to five (5) hours per
employee. This donation may be done at any time during the year'
Once the donation is made, it will be converted and maintained on a
dollar basis. The cap of this leave bank shall be equivalent of 400 hours
times the top Patrol Officer's base hourly pay as of January l't of each
year.
Section 1.5. Probationers
A. The parties recognize the purpose of a probationary promotion period of
employment is to provide a trial period of employment during which the City
can observe the performance of the probationer before confirming the rights
3
B
of permanent status. Promotional probationers shall serve a twelve (12) month
probationary period from their promotion date or date of hire.
During the actual or extended promotional probationary period, the
probationer shall be entitled to the protection of the grievance procedure as
outlined in Article 14 - GRIEVANCE PROCEDURES; however, the determination
of the employee's success or failure of probation may not be challenged under
the grievance procedure. If the employee is unsuccessful in their promotional
probationary period, the employee has the right to revert back to their
immediately prior permanently held Civil Service rank per Civil Service rules.
Subsection 1.6.1 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(L2) months of satisfactory performance in the employee's regular
assignment.
The city may extend the probationary period for up to six (6) months if
additional time is needed for the employee to demonstrate his or her ability to
perform the duties required of the position. The city will notify the employee
of the extension in writing prior to the end of the probationary period.
ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION
Section 2.1. Elioibilitv
The City recognizes that employees within the bargaining unit ffidy, at their
discretion, become members of the Association. Intent to join, in writing, must be
furnished to the City prior to formal membership for the purposes of uniform dues
deductions.
Section 2.2. Association Membershio
The Association will provide representation to eligible employees in compliance with
State and Federal Law.
Section 2.3. Dues Deduction
The following procedure shall be followed in the deduction of dues for members of
the Association:
The City agrees to the deduction of Association 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 semi-
monthly Association dues deduction checked off based on individually
signed voluntary check-off authorization cards.
A
Each pay period; 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 or promotion.
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.
The Association and City agree that the City will not make any other
deductions on behalf of the Association, except those described above.
ARTTCLE 3 . EMPLOYMENT PRACTICES
Section 3.1. Seniority Definition
A. Seniority, for the purpose of vacation bids, layoffs 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
breiks 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).
B. 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.
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:
1. It shall be the responsibility of the City to determine the job classification(s)
in which reductions in rank 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
c
D
2. Reductions in rank of employees shall be accomplished in accordance with
seniority as defined in Section 3.1.A with the least senior employees being
reduced first.
a. Employees reduced in rank will be reduced to the next lower rank.
These employees shall have bumping rights over the employee in the
next lower rank with the least seniority and as defined in the Officers
and Sergeants Contract. (i,e,, an AC would bump the least senior
Commander, a Commander would bump the least senior Sergeant and
a Sergeant would bump the least senior Officer.)
b. Seniority for employees who have been reduced in rank will be defined
as the previous time at the lower rank plus time at the higher rank.
Employees who have been reduced in rank due to reasons outlined in
Section 3.2 above (non-disciplinary reason) will be reinstated in the
same order that they were reduced and must be given the first right of
refusal of such reinstatement prior to any other employee being
promoted to that rank.
d. If an employee who has been reduced in rank in accordance with Section
3.2 above elects not to be reinstated to their former rank, that employee
forfeits any future reinstatement rights.
3' If layoffs are to occur, they will occur with the least senior officer in the
department being terminated first.
Section 3.3. Severance PavlNotice
All non-probationary employees shall, in the event of a reduction in force, be entitled
to two (2) weeks' notice of such reduction and shall be paid at the time of separation,
a sum equal to two (2) weeks' pay minus standard deductions at the current rate ofpay. Such severance pay shall be in addition to any and all monies due 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
they were laid off or reduced in rank. 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 froma 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.
c
c Order of Reinstatement - If a vacancy is to be filled from the reinstatement
register, recall shall be made based on length of service within the
clalsification. 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. Emolovee 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 job 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 Human Resources 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 Human Resources Department.
B. All Police personnel files must be kept, maintained and secured in the confines
of the Human Resources Department. The Human Resources Director, or
designee(s), shall be responsible for the privacy of such files. It is understood
thatlhe police Chief and Human Resources Director, or their designee(s), 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 designated by the
police Chief and/or Human Resources Director 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 subject to disclosure 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 City will notify the employee five (5)
business days prior to such release. In the event the employee or the
Association notifies the City of its intent to obtain judicial relief from the
request within the initial five (5) business days, the employee or Association
D
shall be provided five (5) additional business days to obtain judicial relief. Inthe event compliance with the notification requirements would result in a
violation of the rules of discovery, the requirements of a subpoena or
Washington's Public Records Act, the City shall provide reasonable notice underthe circumstances. The notice of release shall contain the following
information: to whom the record was released and underwhat authority (i.e.,
search warrant, court order, subpoenas, etc.).
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, Human
Resources Director, or their designee(s). 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.
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, Human Resources Director, or their designee(s), responsible
for monitoring the process. The City shall accommodate such request at a
time convenient for both parties.
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 accordance with WA State Retention
Schedule. However, these records will be purged after the State Retention
period has elapsed in 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
Section 4.1. Workdav and Work Week
Command personnel will align their workdays with a majority of their personnel.
A temporary adjustment to an employee's regular schedule may be made by the
chief of Police for a special or significant event or operation in the city.
Patrol Commanders
Recognizing that flexibility is required in the scheduling of assignments for command
personnel, the normal work week for a Patrol Commander shall be the equivalent of
eighty-four (8a) hours per 14-day work cycle for Patrol. The Association and City
agree to utilize a "7(k) exemption" based on the FSLA provision, to allow for these
E
F
work shifts resulting in a greater than 80 hour L4-day work cycle. Commanders
working the 12-hour schedule will work an extra 104 hours per year, but not incur
overtime for these hours. The normal L4-day work schedule shall be four (4)
consecutive days worked, followed by three (3) days off for the first week, then three
(3) consecutive days worked, followed by four (4) consecutive days off on the second
week (ie, 4-3-3-4)
Assistant Chiefs
Recognizing that flexibility is required in the scheduling of assignments for command
personnel, the normal work week shall be the equivalent of forty (40) hours per week
on an annualized basis. The normal work schedule shall either be five eight-hour
days (5/8s) or the nine-eighty (9-80) schedule. The determination of which schedule
an employee will work shall be made by the employee. The parties agree that
Assistant Chiefs will work with the Chief to make certain that flex schedules will be
coordinated to ensure adequate operational coverage.
All Commanders in the Investigations and Support Services Division plus the Patrol
Admin Commander
Recognizing that flexibility is required in the scheduling of assignments for command
personnel, lhe normal work week shall be the equivalent of forty (40) hours per week
on an annualized basis. The normal work schedule shall either be five eight-hour
days (5/8s), four ten-hour days (4/LOs), or the nine-eighty (9-80) schedule' The
determination of which schedule an employee will work shall be made by the
employee.
Section 4.2. Executive Leave
It is recognized that employees will be required to spend additional time over and
above their regular work week engaged in activities for the City. Since the employees
are exempt from FLSA overtime, the parties agree that each member of the
bargaining unit shall receive executive leave time each year in lieu of
overtime/standby pay.
Employees of the bargaining unit shall accrue the equivalent of twenty (20) hours of
executive leave per year, prorated for new and separated employees (e.9., 0.83333
per pay period), to carry over year to year for a maximum of 40 hours; the leave
time is able to be cashed out.
When an employee puts in substantial additional hours, the parties shall continue the
current practice concerning flextime off.
It is understood that this Agreement shall be interpreted and applied in a manner,
which will ensure, to the fullest extent possible, the continued exempt status of
Assistant Chiefs and Commanders.
Section 4.3. Call Out Duty
The parties recognize the benefits of a call-out duty program, which would provide:
A systematic avenue for the department to maintain communications
with the command staff during off-duty hours;
cross-training of all employees assigned to call-out rotation; and
Flexibility to employees during off duty hours for uninterrupted personal
activities.
To this end, the parties agree to establish a call-out duty program as follows:
1. Each member of the bargaining unit (all Assistant Chiefs and
Commanders) will be placed on standby for a one-week rotation basis.2. When on standby, the employee is responsible to remain fit for duty and
be located within a reasonable distance from Kent Police headquarters
to respond within an hour to emergency calls.3. Although only the employee on standby is required to report to the
scene, this does not prohibit the commander of the unit in which the
emergency occurs from reporting to the scene on a voluntary basis.4. The department will strongly encourage continued training and
education to cross-train and enhance the technical skills of the
command staff.5. During the assigned standby week, the employee's use of assigned City
vehicle may be more flexible as approved by the employee's immediate
supervisor to allow the employee to respond to calls more readily.6. Once a call-out duty schedule has been established, it is the employee's
responsibility to arrange for coverage if he/she is not available for call-
out duty, If the employee cannot cover the duty due to long-term
illness, injury, assignment or leave of absence, the chief of
Police/designee will make a reassignment of the call-out duty as
equitably as possible (but cannot guarantee equal time assignment).
To compensate Commanders and/or Assistant Chiefs for the Call Out
requirement listed above, the Commander and/or Assistant Chief shall
receive twelve (12) hours of standby pay at their regular rate of pay for
each completed week of Call Out Duty.
The parties agree to consider modifications to the normal work schedule and rotation
cycle for employees, for a specified period, as agreed to between the Chief, or
designee, and the employee. Such changes shall not be precedent setting. If such
modified work schedules are approved by the Police Chief, or designee, the employee,
and the Association, the parties agree to allow members of the bargaining unit to
work such mutually agreed schedules.
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3
Section 4.5 Non Accrued time
To help compensate for the additional yearly hours incurred due to twelve hour shifts,
the city will provide two (2) NAT (non-accrued time) days to each Patrol Commander
per year deposited into their leave accounts on January l't of each year' This time
will be prorated for new Patrol Commanders or Patrol Commanders moving to other
positions. This time cannot be carried over and will be cashed out on the December
5 paycheck. Both parties will meet November of the prior year to determine if these
days can be taken as leave and/or cashed out, with the Chief having the ultimate
determination.
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 frocedures 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 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.
ARTICLE6-SICKLEAVE
Section 6.1. Sick Leave Accrual
Officers shall accrue sick leave at the rate of twelve (12) hours per month. In
addition, their sick leave account shall be credited with 36 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 6'4)
Section 5.2. Sick Leave Usage
All employees shall be entitled to use sick leave for personal illness in
accordance with current City Policy.
All employees shall be entitled to use accrued sick leave to care for a child of
the employee under the age of eighteen (18) with a health condition that
requires treatment or supervision as provided for under RCW 49'12.270.
Section 6.3. LEOFF II Emplovees--On-Dutv Iniurv Leave Provision
Employees injured while on-duty are covered under the City's self-insured workers'
compensation program as required by the Revised Code of Washington (RCW) 51.
Injured employees must apply for disability benefits as described in RCW 51 and City
A.
B
Policy 6.2 On the Job Injuries and Illnesses. Questions regarding policy clarification
or interpretation shall be referred to the Human Resources Director in writing.
The first three (3) calendar days following the date of injury are defined as the time
loss "waiting period". The employee shall use accrued leave to cover any time off for
scheduled work shift(s) during these three (3) days. The waiting period shall be
reimbursed if the time loss extends beyond fourteen (14) calendar days in accordance
with Labor & Industries (L&I) regulations.
Employees injured on-duty and qualified for "Workers'Compensation" time loss 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 "Workers'
Compensation" time loss payments and the balance supplemented by the City.During these six-month workers compensation supplemental pay period, the
employee shall continue to accrue annual leave and sick leave benefits. The six (6)
months worker's compensation supplemental pay by the City shall be interpreted ai
six (6) months per consecutive time loss period (unless an exception is granted by
the Human Resources Director), or six (6) months of supplemental pay per qualifying
injury/illness, whichever is less.
Interpretations of and/or exceptions to the six (6) month supplemental pay period
may be granted by the Human Resources Director for multiple injuries. City
supplemental pay for multiple qualifying on-the-job injury time losses shall run
concurrently, However, if the employee is unable to return to work within six (6)
consecutive months from the beginning of the first-time loss claim due to treatmentfor other qualifying worker's compensation claim(s) for which the employee is
approved time loss, the employee may be granted time loss supplemental pay beyond
the six (6) months per consecutive time loss period to six (6) months per injury.
Such may be granted only if the employee has:
Identified all workplace injuries/illnesses that the employee is aware of,
with a qualified health care provider within fourteen (14) days from the
date of the workplace injury which required the initial time loss. This
fourteen (1a) day period may be extended by a reasonable time frameif the extension is required due to reasons beyond the employee's
control and if such is approved by the city's Risk Management staff.
The employee has kept in regular contact with the city's Risk
Management staff to actively take care of all injuries and/or illnesses in
the shortest timeline possible.
At no time will the employee be provided more than one (1) six (6) month period ofworker's compensation supplemental pay per injury/illness (per worker's
compensation claim).
If the employee is unable to return to duty at the end of the six-month supplemental
pay period, the provisions of RCW 51 and City Policy 6.2 (or any revisions thereof)
shall apply.
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2
During the employee's entire workers' compensation disability period, the City shall
continue to provide insurance benefits as outlined in Article 18 - Insurance Coverage.
The employee shall be responsible for their portion(s) of these benefit premiums.
Section 6.4. Sick Leave Incentive/Buv-Out Program
Employees shall be entitled to incentive pay for maintaining their sick leave
balance at the following levels:
A
Sick Leave Hours
480-7L9
720-959
960-1039
1040 - LL49
1150 -1190
Amount of Cash Incentive
16 hours base pay
24 hours base pay
50 hours base pay
100 hours base pay
150 hours base pay
B Compensation shall be made no later than January 2O of the following year
and shall be at the employee's hourly rate in effect at the time the
compensation is made. For purposes of determining eligibility to receive
incentive pay an employee must be at 48O,72O,960, or 1040 hours of accrual
on December 15 of that year.
Employees who retire or separate in good standing from the City, will be
compensated for the hours, up to 1, 190 hours, remaining in their sick leave
bank based upon their tenure as commissioned officers with the Kent Police
Department. Compensation shall be made at the following percentage of the
employee's hourly rate in effect at the time of retirement:
Completion of fifteen (15) years - twenty percent (2oo/o)
Completion of twenty (20) years - forty percent (4oo/o)
Completion of twenty-five (25) years - sixty percent (600lo)
Completion of thirty (30) years - eighty percent (80o/o)
c.
Section 6.5. Light Dutv
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.
A light duty status job may be assigned 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.
Such assignment is contingent upon the medical prognosis of full physical
recovery from the employee's disability within a reasonable period of time'
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4
5
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The amount of time that will be allowed for assignment to light-duty status is
up to sixty (60) days; provided that 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.
A request for light duty status will be submitted in writing by the employee to
the employer or from the employer to the employee.
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.
The City also reserves the right to impose additional restrictions on the
employee's light duty assignments based on the employee's physical ability
during the injury recovery period,
section 5.6 Paid Family and Medical Leave (pFML) proqram
A. Eligible employees are covered by Washington's Family and Medical Leave
Program, RCW 50A.04. Eligibility for leave and benefits are established by
state law and therefore independent of this Agreement. KPOA and the City
agree the benefits for this program are funded by both the Employer and
employee payroll deductions, with payroll deductions for eligible employees
based on the default maximum percentages listed in RCW 504.04.115.
ARTICLE 7 - HOLIDAYS
Section 7.1 - Holidavs observed
The following holidays shall be considered as holidays for full time employees
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
L2.
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Personal Holiday
All employees will observe the holidays on the actual day of the holiday
Section 7.2 - Holidav Compensation
A Employees assigned to the Patrol Division will be allowed to work on holidays
as scheduled. If the employee works on the holiday, they will be compensated with
their regular base pay plus they may take the day before or the day after the holiday
off with supervisor authorization or bank those hours in their holiday leave bank.
B If a holiday falls on an employee's normal day off, the employee may take the
day before or the day after the holiday off with supervisor authorization' Holidays
not taken in this manner will be placed in a holiday leave bank and may carry over
from year to year, not to exceed 72 hours. Holiday hours can be cashed out on an
annual basis. Those employees who elect to be cashed out shall submit their request
in writing to the Chief of Police no later than November 15th each year. Total annual
cash ouishall not exceed 72 hours. Request for use of the hours in the holiday leave
bank shall be in compliance with Section 9.2 - Scheduling Annual Leave.
C If an employee is mandated to work on a holiday, the employee will be
compensated at the rate of L-L/2 times their regular base pay for all hours worked.
Section 7,3 - Holidays for Newly Promoted Commanders
If a Police Sergeant is promoted to Commander before July 1, the new Commander
shall be entitled to accrue and use the Personal Holiday. If a Police Sergeant is
promoted to Commander on or after July 1, the new Commander shall not be entitled
to accrue or use the Personal Holiday for that year.
ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1. Training and Education Reimbursement Policy
The City recognizes the need to encourage and promote education opportunities for
employees, subject to budgetary limitations.
A. Training. The City will pay for or reimburse personnel for costs incurred in
receiving required and/or approved job-related training upon satisfactory
completion of such training. Such training must be pre-approved by the Chief,
or designee. Costs eligible for City payment or reimbursement include
registration, books, and fees associated with such training. Employees must
su-bmit for approval in accordance with Section 8.2 Training and Education
Approval Process and for reimbursement in accordance with Section 8.4
Rei m bu rsement Proced ures.
B. Education. Employees who wish to attend classes offered by schools, colleges,
or universities may receive reimbursements upon successful completion ("C"
grade or better) of such if the classes are pre-approved in accordance with the
following:
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3
4
5
6
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The employee must have successfully passed their initial probationary
period of employment.
The employee must not have received any discipline greater than a
written reprimand within the last twelve (12) months.
The class(es) must relate to the employee's current position or a
promotional position within the employee's career path.
Costs eligible for reimbursement include tuition, fees associated with
such class(es), and fifty percent (50o/o) of books.If a commissioned 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 based on the equivalent state institution
or the University of washington tuition schedule, whichever has the
lower cost.
Commissioned officers who are working in the AA Degree Police Science
Program will be reimbursed for costs of courses in that degree program,
provided the program/school is approved by the chief and the employee
submits his training plan to the chief for inclusion in the budget.
Education reimbursements for BA degree programs must be approved
by the Police chief, the chief Administrative officer, and the Human
Resources Director, or their designees.
Employees who voluntarily separate from employment within twenty-
four (24) months after receiving education reimbursement shall repay
the city for the tuition, books and associated fees paid by the city.
Employees must submit for approval in accordance with section 8.2
Trainino and Fdrrrat on Annroval Procesq and for reimbursement in
accordance with Section 8.4 Reimbursement procedures:
The city shall not provide education reimbursements for graduate
degree programs.
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Section 8.2. Trainino and Education Aporoval process
Employees shall submit their request for training and/or education reimbursement
by June 1 of each year for the next calendar year. Their request shall include:
Course list.
Approximate itemized cost.
Whether the course list is required and/or job-related training versus
education classes offered by schools, colleges, universities, or other
training organizations; and
Reason(s) for taking the course(s) including how the course(s) relate to
the employee's current position or a promotional position within the
employee's career path.
The Chief will then review the request for training and/or education and approve or
deny the request. Education reimbursement requests for BA degree programs will
also be submitted to the Human Resources Director and the Chief Administrative
A.
B.
c.
D.
Officer for approval. If approved, the total cost of approved training and/or education
requests will be included in the department's annual budget request. Once the
budget is authorized, very few, if any, changes can,be made. Interim changes will
be considered by the Chief and acted on only if budget is available'
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 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 received through outside grant funds, or any other
potential source, including G.I. benefits, then reimbursement shall be primarily
through that source, (Student loans shall not be considered outside funds for
purposes of this section.) City reimbursement shall be secondary for the
remaining unpaid balance of the approved education costs.
B, Upon completion of pre-approved training and/or education classes, 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 pre-approved training and/or education costs must
accompany the request for reimbursement. The City will reimburse the
employee for only those costs that have been pre-approved, and for which
paid receipts are attached to the reimbursement request.
D. Employees requesting reimbursement must submit the request, with the
required documentation, within thirty (30) calendar days following successful
completion of the approved course(s). Requests not received within thirty (30)
days will not be considered for reimbursement, unless good cause is shown.
Section 8.5. Trainino Allowance
The City will provide up to $1,000 per year, per bargaining unit member towards
career relevant training. Members understand that should they be scheduled for
training such as the FBI academy, Northwestern, or Southern Police Institute that
these funds would be expected to be applied towards that training.
ARTICLE9.ANNUALLEAVE
Section 9.1. Annual Leave
Members of the bargaining unit shall receive annual leave benefits as follows:
Hours of Leave Accrued
Section 9.2. Schedulino 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. 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 by March 3lst of the following calendar year. Executive Leave
and Holiday accumulation and use are considered separate from annual leave accrual
and use.
The City will allow annual leave 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 past March 3lst of
the following calendar year can only occur when requested by employees in writing
and when approval is granted by the Police Chief and/or Human Resources Director.
Approval of carryover is done on a case-by-case basis and does not serve as
precedent for any subsequent requests.
Years of Emolovment Annually Monthlv
lst year ILs.2 hours 9.6 hours
2nd through 4th year L24.85 hours 10.4 hours
5th year 144 hours 12 hours
6th through 7th year 153.65 hours 12.8 hours
8th through 9th year 163.15 hours 13.6 hours
1Oth year 172.8 hours 14.4 hours
11th through 14th year L82.45 hours 15.2 hours
15th year 2OL.6 hours 16.8 hours
16th through 19th year 2II.25 hours 17,6 hours
20th through 22nd year 220.75 hours 18.4 hours
23rd through 25th year 230.4 hours 19.2 hours
26th year and thereafter 237.6 hours 19.8 hours
ARTICLE 10 . PENSIONS
pensions for employees and contributions to pension funds will be governed by
applicable Washington State Statute.
ARTICLE 11 - BEREAVEMENT
Employees shall be entitled to use bereavement leave in accordance with City Policy.
ARTICLE 12 - MANAGEMENT RIGHTS
Section 12.1. General Management Rights
The Association recognizes that areas of responsibilities must be reserved to
management if it is to iunction 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 commissioned employees.
F. To take whatever actions may be necessary to carry out police functions
in emergencY situations.
G. To determine the necessity of overtime and the amount thereof.
To maintain
management.
efficiency of government operations entrusted to
L 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
H
remain exclusively with the City except as they may be shared with the Association
by specific provisions of the Agreement.
Section 12.2. 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 on the foilowing:
1' The City will have the discretion to hire back former members of this
bargaining unit as temporary part-time employees or contractors for
limited hours to allow for training and transition of organizational
knowledge, duties, and responsibilities, to work on special projects, and
to perform other work as mutually agreed to between the City and the
Association. The hiring of former members shall be at the discretion of
the City. However, the special project(s) or other work to be performed
by the temporary employee or contractor shall be negotiated and
mutually agreed to between the City and the Association.
2. The City will not hire any temporary part-time employees, other than
those referred to in paragraph A above, to work within the bargaining
unit without obtaining written agreement from the Association; and
3. The City may continue to use volunteers for records filing at the training
center, for pawn shop data entry and crime prevention.
In addition, 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 and population, 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 4t.56.43O.
ARTICLE 13 - PERFORMANCE OF DUTY
Section 13.1. Non-strike Provisions
Nothing in this agreement shall be construed to give an employee the right to strike
and 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 13.2. Performance of Dutv
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 14. GRIEVANCE PROCEDURE
Section 14.1. 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 14.2. Reoresentation During Grievances
Grievances processed through Step 3 under Section 14.5 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 14.3. 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
any time 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 the employee to proceed to the next step without waiting for the
Employer to reply at the previous step.
Section 14.4. 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 2 of the grievance procedure and be
processed within the time limits set forth herein.
Section 14.5. Steps and Time Limits
A grievance shall be processed in accordance with the following procedure: provided
bymutual written agreement, the parties may modify the timelines and steps below
on a case-by-case basis.
Step 1 (if applicable)
A grievance shall be reduced to writing and presented by the aggrieved
employee and/or the Association to the employee's immediate
supervisor within fourteen (14) calendar days of when the employee
Step 2
Step 3
Step 4
knew or should have known of the alleged contract violation. 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 settle the grievance at this stage.
The immediate supervisor shall answer the grievance within ten (10)
calendar days after receipt of the grievance.
If the grievance is not resolved as provided in Step 1 (or if it is advanced
from Step 1 because Step 1 is not applicable), it shall be forwarded by
the aggrieved employee or Association to the Police chief with a copy to
the Human Resources Director within fourteen (14) calendar days after
the step 1 answer (or no answer if Step 1 is not applicable): provided,
a grievance that qualifies as a class action in accordance with Section
L4.4 may also be filed at this step 2 withint fourteen (14) calendar days
of when the employee or Association knew or should have known of the
alleged contract violation. The Police chief shall convene a meeting
within fourteen (14) calendar days after receipt of the grievance. The
Human Resources Director or a designee may attend the meeting.
within fourteen (14) calendar days after the meeting, the police chief
shall provide a decision to the Association.
If the grievance is not resolved as provided in step 3, it shall be
forwarded by the aggrieved employee or Association to the chief
Administrative Officer with a copy to the Police Chief within fourteen
(14) calendar days after the step 2 answer. The chief Administrative
officer or a designee shall investigate the grievance and, if deemed
appropriate, shall convene a meeting between the appropriate parties
within fourteen (14) calendar days of the receipt of the grievance. The
Chief Administrative Officer shall thereafter forward a decision within
fourteen (14) calendar days after receipt of the grievance or the meeting
between the parties, whichever occurs later.
If the grievance is not settled in step 3, either of the signatory parties
to this Agreement may refer the grievance to arbitration. Within thirty
(30) calendar days of the step 3 response, the party seeking arbitration
shall submit a letter to the opposing party indicating their intent to
arbitrate and requesting the selection of an arbiter.
Cases that are referred to arbitration shall be accompanied with the
fol lowing information.
Identification of section(s) of the Agreement allegedly violated.
Nature of the alleged violation; and
a
b
c Remedy sought.
For a grievance regarding any disciplinary action, discharge, or
termination decision, the parties shall be required to follow the
arbitration process established pursuant to RCW 41.58.070 as encacted
pursuant to Laws 2O2L c 13 Section 1 (SSB 5055), For all other
grievances, the City (through its Chief Administrative Officer or
designee) and the Association may select a third disinterested party to
serve aS an arbitrator. If 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.
Section 14.5. Arbitrator's Authoritv
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,
and the 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.
The decision of the arbitrator shall be final, conclusive and binding upon
the City, the Association, and the employee(s) involved.
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.
4. The arbitrator's decision shall be made in writing and shall be issued to
the parties within thirty (30) days after the case is submitted to the
arbitrator.
5. Any arbitrator selected under Section L4.5, Step 5 of this Article 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 14.7. Election of Remedies
Actions subject to 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, whjchever comes first. The Employer shall endeavor to accommodate the
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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 14.8. Retroactivitv
Arbitration awards or grievance settlements shall not be made retroactive beyond
the date of the occurrence or nonoccurrence upon which the grievance is based, thatdate being fourteen (1a) calendar days or less prior to the initial filing of the
grievance.
ARTICLE 15 . POLICE OFFTCERS' 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 employees 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. This Agreement shall control in the event of a conflict between
the Standards and this Agreement.
Section 15.1. Bill of Rights
To ensure that investigations made by an employee, 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 members of this bargaining unit shall be entitled to
the protection of what shall hereafter be termed as the "Police Officers Bill of Rights"
as follows:
At least twenty-four (24) hours before an interview commences, the subject
of an internal investigation shall be informed, in writing, of the following:
1. That the employee is considered a subject of the internal investigation;2' The nature and a summary of the allegation(s), as well as the date and
location that the alleged misconduct occurred;3. Whether the employee is suspected of committing a criminal offense
and/or misconduct that would be grounds for termination, suspension,
or other disciplinary action (greater than written reprimand);4. The name of the complainant or the victim; provided, that in the event
the employee is suspected of committing a criminal offense, disclosure
of the identity of the complainant or the victim may be withheld in the
event disclosure would jeopardize the safety of the complainant or
victim;5' The employee's right to have a KPOA representative present during the
interview. In addition, the employee shall be afforded an opportunity
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and facilities to contact and consult with a KPOA representative and its
attorney prior to the interview.
The name of the officer(s) in charge of the investigation and the name
of the officer who will conduct the interview. If the person conducting
the investigation and/or interview is not a Kent Police Department
employee, then his/her place of employment will also be provided.
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.
At the cost of the requesting party and in accordance with Chapter 9.73 RCW,
the employee who is subject of an internal investigation or the City may
request that the interview be recorded, either mechanically or by a
stenographer. In the event the interview is recorded, there shall be no "off-
the-record" questions. Upon request, the employee under 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.
Employees interviewed as witnesses shall also be entitled to an exact copy of
any written statement he/she has signed'
Interviews shall be completed within a reasonable time and shall be performed
under circumstances devoid of improper intimidation or coercion. 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.
No employee shall be required to submit to a polygraph examination. The
employee will not be dismissed or have any other penalty imposed upon him
or her for not taking this examination. This provision shall not apply to the
initial application process for employment.
Any employee who becomes the subject of a criminal investigation shall have
all rights accorded by the State and Federal constitutions and Washington law.
During an investigation in which an employee has been advised of his or her
Garrity warnings, the employee will be compelled to answer questions directly
related to and narrowly focused on the investigation' However, any
information gained from the employee cannot be used in any criminal
investigation.
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.
The Association recognizes the administration's effort to improve procedures
involving complaints against its members. 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.
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I' The City shall not require employees who are subject of an investigation to be
subjected to visits by the press or news media; nor shall their home addressesor contact information be given to the press or news media without the
respective employee's consent (unless otherwise compelled by law).
J. Upon completion of the investigation, the employee under investigation shall
be promptly informed of the results of the investigation, i.e., whether the
complaint is preliminarily determined to be unfounded, exonerated, not
sustained, or sustained. If the preliminary findings of the investigation are
that the complaint should be sustained, or other misconduct found, the
employee and his or her KPOA representatives shall be furnished a complete
copy of the investigation report and file prior to making a final decision and
sufficiently in advance of any Loudermill Hearing.
Section 15.2. Psvchological Evaluations
Critical Incident Psychological Evaluations. When an officer is involved as a primary
officer in a critical incident, which shall include but may not be limited to an officer
involved use of deadly force or death or serious injury of an officer or another, the
department and the KPOA strongly encourages the officer to participate in a
psychiatric or psychological evaluation as a condition of returning to work. The officer
should participate in an evaluation with a licensed psychiatrist or psychologist of the
officer's choosing for this purpose, and the cost of the evaluation shall be the
responsibility of the City, The evaluation should, whenever possible, occur within two
weeks of the event. The department will assist in arranging for the evaluation, The
City shall use its best efforts to maintain a list of psychiatrists or psychologist
available to meet with the officer. The department shall also provide the officer with
access to the department peer support system and the department chaplain.
Prior to conducting the evaluation, the psychiatrist or psychologist may obtain from
the City the officer's job description, the date of hire of the officer, a summary of the
incident giving rise to the need for the evaluation and/or police reports if publicly
available, other information requested by the psychiatrist or psychologist, and, if the
incident giving rise to the need for the evaluation is a use of deadly force, a list of
prior uses of deadly force if any. Prior to meeting with the psychiatrist or psychologist,
the Chief or their designee shall provide the officer with a Garrity warning that will
apply to any discussions the officer has or information provided by the officer to the
psychiatrist or psychologist. Communications between the medical professional
pursuant to the psychological evaluation under this section shall not be used in any
disciplinary proceeding against the employee.
At the conclusion of the evaluation, the officer is strongly encouraged to meet with
the City's Human Resources Director within 72 hours of receiving the results of the
evaluation or at such other time as agreed, and shall provide verbal or written (at
the choice of the officer) confirmation as to: (a) whether the evaluation indicates
they are mentally fit to return to full duty; or (b) whether there are any limitationsor accommodations required for a return to full duty, what the limitations or
accommodations are, and how long it is anticipated those limitations or
accommodations will last. The Human Resources Director will meet with the Chief to
discuss the information, and if the officer is not able to return to work, discuss the
matter with the Risk Manager or Benefits Manager to ensure compliance with time
loss or leave requirements.
While the City is waiting for the officer to report the results of the evaluation, the
officer shall remain on paid administrative leave or light duty. In the event the
evaluation indicates the officer is not permitted to return to duty, Section 6.4, *LEOFF
II Employees - On-Duty Injury Leave Provision" shall apply, if applicable, and the
employee shall seek the services of a qualified health care provider for the purposes
of satisfying that section.
This provision shall not be interpreted as limiting or superseding the City's ability to
obtain a psychiatric or psychological evaluation or any other medical evaluation as
permitted by state or federal law.
Mental Health Wellness. The department endeavors to provide to officer's access to
ongoing mental health wellness sessions. These sessions may be scheduled
throughout the year with the goal of providing officers the opportunity to meet with
a mental health provider as a matter of wellness practice. While officers are not
required to attend, they are encouraged to do so, and may utilize EAP or their
available health insurance benefit for this purpose. Any services provided will be
strictly confidential and the City shall have no right to access information related to
services provided to an officer unless otherwise permitted by state or federal law. If
the session is a telehealth appointment of one hour or less that occurs while the
officer is on shift, the officer may attend up to two appointments per month while on
shift without having to use leave; provided, no less than two days in advance of an
appointment, the ofticer shall notify their supervisor that they will not be available
during the appointment time.
ARTICLE 16 . COMPENSATION
Section 16.1. Salaries
Command Staff Salaries-ANNUAL SALARY EFFECTIVE t2/3Ll2L
Assistant Chief $186,096.00Commander $L57 '704.OOThe annual salary assignment represents the following:
A. Effective October L,2O2L, all members of the bargaining unit received a 160lo
wage increase. This increase will remain for the entirety of 2022.
B. Effective January L,2023, all members of the bargaining unit shall receive a
wage increase of 100o/o of Seattle-Bellevue-Everett CPI-W, June, with a
minimum of Lo/o and a maximum of 60/o. In addition, there will also be a 0.5olo
increase for all members of the bargaining unit.
c,Effective January L, 2024, all members of the bargaining unit shall receive
wage increase of L}oo/o of Seattle-Bellevue-Everett cpl-w, June, with a
minimum of Lo/o and a maximum of 60/o.
Subsection 16.1.1 Wage Seoaration
There shall be a 18o/o wage separation between Commander and Assistant Chief at
the signing of the contract.
Section 16.2. Community Service Duties
It is important to the effective operation of the Kent Police Department to have itspolice management staff participate in community service activities and
organizations. The police management staff's involvement in the Kent community
serves as an extension of the department's community policing philosophy. It also
assists to establish the department's presence in the community and strengthens our
commitment of service to the Kent community.
To this end, the parties agree to the following:
1. Assistant Chiefs of the bargaining unit will have consistent participation
in a community service organization or program which serves the
citizens of Kent or on behalf of the Kent Police Department as approved
by the Chief;2. The City shall pay the annual membership fees and weekly meal cost
associated with these organizations as applicable by receipt and
reimbursement; and3. The City shall also compensate the Assistant Chiefs for such participation
in the amount equivalent to 1.5o/o of their base salary.
Although Commanders are not required to participate in community service
organizations, voluntary consistent participation is encouraged by the City.
Commanders who voluntarily participate in a community service organization shall
be reimbursed for the annual membership fees and weekly meal cost associated with
these organizations as applicable by receipt and reimbursement. They will also
receive the amount equivalent to L.5o/o of their base salary.
Section 16.3. Working Out of Classification
Any Assistant Chief who is assigned to perform duties of the Police Chief for
periods of three full days or more, shall receive acting pay. An employee acting
as Police Chief or Deputy Police Chief shall be paid at the Deputy Chief's base
pay rate. If the Department does not have a Deputy Chief assigned, the acting
employee shall receive acting pay of ten percent (10olo), not to exceed the
Police Chief's actual base pay.
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B Any Commander who is assigned to perform duties of a higher-level
classification for periods of three full days or more, shall be paid at the rate of
the higher classification.
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/her
regu lar classification,
D, The employee acting as Police Chief or Deputy Chief shall still maintain all the
benefits afforded this Agreement for the duration of the acting assignment,
even though the above positions are non-represented positions.
Section 15.4. Longevity and Education Incentive Pav
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.
Subsection 16.4.1. Longevity PaY
Employees on their anniversary date of the following years of continuous service as
a reguiar City employee shall be paid longevity pay in accordance with the schedule
below:
Anniversary date of PaY
5 years Two Percent (2olo)
10 years Four Percent (40lo)
12 Years Four 1/z Percent @.5o/o)
15 years Six Percent (60lo)
20 years Nine Percent (9olo)
25 years Eleven Percent (lto/o)
30 years Eleven 7z percent (11.5olo)
The Longevity schedule may change in accordance with Article 17 Future Changes.
Employees shall receive longevity pay for the highest level of longevity with the City
There shall be no pyramiding of longevity pay.
Subsection 16.4.2. 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 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. To qualify for the compensation, all the credits
earned must be consolidated with one accredited university or college.
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Associate (AA)
Bachelor (BA or BS)
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Three percent (4o/o)
Six percent (7o/o)
There shall be no pyramiding of educational incentive pay.
It is the employee's responsibility to provide proof of qualification. Employees whofail to notify Police Administration of their educational incentive pay qualification
within twelve (12) months of attaining such qualification will not be eligible for
retroactive educational incentive pay.
Section 16.5. Effective Date of Comoensation 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 15.6. Clothino and Equioment
The City shall furnish employees with clothing and equipment necessary to
enable them to perform their assigned duties. Quantity of items shall be in
accordance with past practice.
Necessary articles of equipment may include, but are not limited to, flashlights,
batteries, notebooks, computers, pens/pencils, and other necessary minor
articles of equipment of a 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.
The City will repair or replace damaged clothing or equipment 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.
The City shall provide uniforms in accordance with past practice, Cleaning and
laundry of uniforms supplied by the City shall be the responsibility of the
employee. Approved accessories to the uniform, which are optional in nature,
shall be provided by the employee according to personal preference.
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. However, employees
are generally expected to use reasonably priced personal property/accessories
while on duty.
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F. Members of the bargaining unit will be allotted:
Seven hundred dollars ($700) per year, less applicable taxes as required by
the US Internal Revenue Service, which will be paid on the first paycheck in
February. This allowance may be used for the purchase of business attire or
dress shoes for work or to cover the cost of dry cleaning such attire.
Section 16.7. Comoensation for Training
The City agrees to compensate any employee for training time which is a result of an
employee'l required attendance at any symposium, seminar, or training school.
Section 15.8. Timelv Comoensation
Employees will receive their pay by direct deposit or a pre-paid debit card
For employees who 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 L2:00 (noon) of any given
paydJy can no longer be guaranteed by the City due to the possibility of unforeseen
bunting computer-system problems that may arise from time to time. Employees
who participate in this program do not have a 12:00 (noon) guarantee insofarasthe
banking transfer network system is concerned. It is mutually understood that the
City hJs 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 16.9. Deferred Compensation
A. The City will contribute three percent (3o/o) of a command staff member's
annual base pay to each bargaining unit member's 457 deferred compensation
program.
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. The
employee will make their participation choice within a two-week annual
enrollment period as designated by Human Resources. 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.
New hires or newly promoted employees will be eligible to commence
participation in the City's contribution into their deferred compensation
program based on their date of hire or date of promotion into this bargaining
unit-. If an employee is hired/promoted between the 1st and 7th or the 16th
and 22nd of the month, the employee will be eligible for the full contribution
amount for that pay period. If an employee is hired between the 8th and 15th
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or the 23rd and the end of the month, the employee will not be eligible toparticipate in the contribution program until the following pay cycle.
The designated open enrollment period for a new hire or newly promoted
employee for the initial employment/promotion year shall be the employee's
first two weeks of employment/promotion with the Kent Police Department in
this bargaining unit.
Section 16.1O. Accreditation pay
The salary levels provided herein shall be increased by one percent (Lo/o) in
recognition of the Kent Police Department's accreditation status. The additional
salary shall remain in effect during the period of the Agreement for as long as the
Department retains its accreditation.
Section 15.11. Call Back Pav
Commanders "called back" to work with less than seven (7) days' advance notice
shall receive a minimum of four (4) hours pay at the regular overtime rate for the
work for which they were called back. This provision does not apply to call backs
that occur within three (3) hours prior to the start of a shift or less than one (1) hour
after the end of a shift. Call backs must be cleared with the Chief whenever feasible.
Telephone calls do not constitute call backs. Community meetings of a non-
emergency nature that are scheduled with more than seven (7) days'advance notice
will not constitute call backs.
The parties recognize the value of developing strong working relationships with
communities that share religious, ethnic, national, and other cultural characteristics.
The parties agree that the above callout provision does not apply to command staff
attendance at events organized by these communities, The Chief will endeavor to
send a representative of the Kent Police Department who is already on-duty at thetime of the event. If the Chief determines that another member of the command
staff is a more appropriate representative of the Kent Police Department, and that
member is not on-duty at the time of the event, they shall attend the event and flex
their time accordingly.
Section 16.12 Fitness Incentive
To encourage employees to maintain a healthy lifestyle and physical fitness, the citywill conduct a physical fitness test. To earn the incentive, the employee mustparticipate in this incentive program as follows:
1. Employees will participate in the city's wellness program and achieve a gold
level by December 31st of the incentive year.
2. Employees will successfully complete the Physical Agility Test (PAT) twice (2)
during the incentive year.
3. payment of the $500 incentive for employees who passed the examination
during the year and achieved Gold level, will be made once a year on the January
20th paycheck of the following year; and
4. probationary Employees who pass the physical fitness tests but are separated
from employment prior to December 31st of that year will not be eligible for the
incentive payment.
The PAT will be a design that is approved by the Chief of Police.
Section 16.13 Recruiting Incentives
The following provisions will apply to the Recruiting Incentive Program:
The purpose of these monetary incentives is to assist in the recruitment and hiring
of entry level and experienced police officers (i.e., lateral officers) into the
Department,
A. Officer Referral Incentive
. The Recruiting Incentive is $1,000 for an entry level police officer, and $2,000
for a qualified lateral police officer, less all applicable payroll taxes and
deductions.. To qualify sworn personnel for the Recruiting Incentive, the police officer
candidate referred must be successful in the Civil Service hiring process and
must have received and accepted a final offer of employment. A conditional
offer of employment does not qualify the referring police officer for the
Recruiting Incentive.. Upon receipt of a completed and timely Personnel Change Request form (PCR),
the effective date of which will be the date of hire for the recruited officer, the
Recruiting Incentive will be processed for payment on the next regular pay
date. If the PCR is received after the PCR cut-off date, the Recruiting Incentive
will be processed for payment on the next following pay date. The following
sworn personnel are not eligible to receive the Recruiting Incentive: police
officers assigned as Recruiting Officers (including the Recruiting Officer,
Background Investigators and the first line supervisor for the recruitment
unit); and police officers who recruit a candidate from a Department
sanctioned event (i,e., job fair or PST testing event)'
. Department Administration shall routinely examine the effectiveness of this
incentive program.
Recruitment of current City of Kent Corrections Officers into the Corrections Officer-
to-Police Officer program are excluded from this Recruiting Incentive
police Administration shall continually examine the effectiveness of these incentive
programs.
While the parties agree to the above incentive program, the KPOA also specifically
agrees that the incentive program may be terminated or altered at the sole discretion
of the Police Chief, and such termination or alteration is considered a managementright. Furthermore, the above shall not set a precedent regarding the amount,qualifications, and structure of payout of this incentive, which is within the police
Chief's management right to determine.
Section 16.14 Comparable Jurisdictions
The following were mutually agreed as
negotiation of this Agreement.
comparable jurisdictions during the
AUBURN
BELLEVUE
EVERETT
FEDERAL WAY
KIRKLAND
RENTON
VANCOUVER
For negotiating wages for future contracts, both parties reserve the right to discuss
the comparable jurisdictions to be used.
Section 16.15 Bilinoual Pav
The City recognizes the benefits of bilingual skills. Two pay incentives are available
depending upon the demonstrated level of proficiency an employee has in a language
other than English-base bilingual pay and advanced bilingual pay. The police Chlef
shall determine at his/her sole discretion:
1. The language(s) and level of proficiency each employee must attain to be
eligible for bilingual pay at both the one-hundred-dollar (g100) base level and
the 3olo advanced level;2. The testing or methodology used to determine proficiency; and3. The number of bilingual officers (in each qualifying Ianguage) needed by the
department.
Base Bilingual Pay. Employees eligible for bilingual pay, as approved by the police
Chief, shall receive one hundred dollars ($100.00) per month in recognition of their
non-English language skills. This is the base bilingual pay available to employees who
have tested and meet the minimum proficiency necessary to receive bilingual pay. A
single incentive payment is provided irrespective of how many additional non-English
languages an employee is proficient in.
Adv,anced Bilingual Pay. Employees who have tested and meet a higher level of
proficiency shall be compensated at a rate of 3o/o of their base pay per month. This
advanced bilingual pay will be provided in place of the base bilingual pay; an
employee will not be paid both amounts. A single incentive payment is provided
irrespective of how many additional non-English languages an employee is proficient
in.
Testing. The Chief will have the sole discretion to determine the languages eligible
for bilingual pay and the minimum level of proficiency employees need to attain in
order to-receive base bilingual pay and advanced bilingual pay. A third-party vendor,
mutually agreed upon by the City and KPOA, will be used by the City to test and
certify the ievel of an employee's non-English language proficiency. The testing will
be conducted while an employee is on duty and all testing costs will be paid by the
City. However, an employee shall not incur overtime to test their non-English
language proficiency.
1. An employee may test their non-English language proficiency only once per
year.
2. In order to retain bilingual pay, employees must re-test every two years and
meet the minimum level of proficiency required to retain bilingual pay, either at the
base level or the advanced level.
An employee may, during their normal work hours, be called upon to translate on-
scene, to assist detectives, or testify concerning any language for which they are
proficient, not just that for which they receive bilingual pay.
The City will maintain a list of non-English languages eligible for bilingual pay, which
will be annually reviewed and updated by the City and KPOA representatives.
Section 15.16 Body Worn Camera PaY
The Department has implemented a Body Worn Camera Program to record
interactions between police officers and members of the public. With this
implementation, an additional one percent (Lo/o) shall be added to the base monthly
salary of each commissioned officer of the rank of commander and assistant chief'
The Department retains sole discretion to terminate the BWC program, In the event
the BWC program is terminated, commanders and assistant chiefs shall stop
receiving the 1olo of additional pay on the date following the day in which the
cameras are removed from service.
In the event of an operational problem with the BWC or technology that supports
the BWC such that the use of the BWC footage is impractical, or in the event of a
court ruling or statutory change that makes the use of the BWC or the admission
of BWC evidence in court impractical, the Department may, in its discretion and in
lieu of terminating the BWC program, pause the program for a period of time as
determined by the Department. In the event the Department pauses the program,
the 1o7o pay shall pause starting on the first day of the pay period following the
pause oithe program. If the BWC program is reactivated, the to/o paf shall begin
applying again on the date the first camera is reissued or the date the first officer
is ordered to wear the BWC.
If, at any time, the City adopts an in-car video program, the City will provide notice
and the opportunity to bargain upon request.
ARTICLE 17 - FUTURE CHANGES
The City of Kent ("City") and the Kent Police Officers Association ("Association"),
representing police Assistant Chiefs and Commanders ("Association CL"), agree that
it would be mutually beneficial to minimize the bargaining process in the future. The
members of the Association CL are supervisors at the City, and protracted bargaining
is detrimental to the overall management and operation of the Police Departmenl
and the City.
As such, the parties have agreed that regarding the major economic items of wages,
medical insurance, deferred compensation, and longevity, the mutual expectatioh ofthe parties is that the Assistant Chiefs and Commanders will receive the same
changes as received by the members of the rank-and-file unit. For wages, this means
that the timing and amount of the annual percentage increase will UL tne same forthe two bargaining units. If there is a change in the deferred compensation
contribution or longevity schedule of the rank-and-file unit, it will also be applicable
to the Association CL. Any health care changes agreed to by the rank-and-file unit(including, without limitation, changes in employee premiums or co-pays, plan
changes, and/or plan redesign) will be effective for the Association CL at the same
time that they become effective for the rank-and-file unit.
It is also recognized that on occasion the rank-and-file unit will negotiate an increase
in wages, deferred compensation, or longevity in exchange for increased flexibility or
other management objective(s) of the City. The intent of the parties is that when this
occurs, the City may reopen this Agreement to negotiate a similar or related change
for the Association CL. In this event, the increase in wages, deferred compensationor longevity will become effective only upon resolution of the reopened contract
bargaining as will the change in the contract itself. In the event the change is unique
to the rank-and-file unit and does not affect the wages, hours or working conditions
of the Assistant Chiefs' and Commanders' unit, and the increase in wages, deferred
compensation or longevity is clearly linked to the change in the wages, hours or
working conditions of the rank-and-file bargaining unit, the increased iompensation
will not be applicable to the Association CL.
Any changes to any wage, hour or working condition contemplated after the
expiration of this agreement and during a contract hiatus, shall not be implemented
until such time as the parties have signed a new bargaining agreement. This Article
is not intended a.) to interfere with negotiated effective dates of changes in labor
agreements between the City of Kent and the Assistant Chiefs' and Commanders'
bargaining unit; or b.) in any way to prohibit the parties from mutually agreeing to
wages, hours and working conditions (either higher or lower) than that which exists
in the rank-and-file unit.
This agreement is intended to provide guidance to both the parties and to any future
intereit arbitrator. In reaching this agreement, the parties recognize that their future
negotiations will be guided by the rank-and-file settlement and economics. In any
interest arbitration proceeding, there shall be a strong presumption that the status
quo doctrine shall be applied to the bargaining and economic relationships established
by this agreement, rather than reliance on comparable.
ARTICLE 18 . INSURANCE COVERAGE
Section 18.1. Health Care Insurance
Subsection 18.1.1. Plans Offered
Forthe term of the contract, the following health care plans are offered to bargaining
unit members:
Premera Blue Cross, $15 coPaY Plan
Kaiser Permanente (HMO), with copays for office visits and prescription
drugs and $75 copay for emergency room visits; Washington Dental
Service;
C, Health Savings Account (HSA) and High Deductible Health Plan; and
D. 80/2oo/o Traditional Plan.
If an employee elects option C or D above, the employee will no longer be eligible to
select option A in the future.
This Subsection may also be modified in accordance with Article 17 - Future Changes'
Subsection 18.1.2. Employee Coverage
Employees in the bargaining unit shall receive a fully paid health care plan, as noted
in subsection 18.1.1 above, underwritten by a company who provides such insurance
nationwide. The premium cost shall be paid by the City. Employees are responsible
for deductibles and copays.
Subsection 18.1.3. Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the plans
offered by the City. The employee shall pay the monthly premiums for such health
plan depending upon the coverage and plan elected.
A. For employees who select $15 copay (PPO) plan or the Kaiser Permanente
Plan, the employee shall pay fifteen percent (15olo) of the
dependent's portion of the monthly premiums, of the selected plan, to a
A
B
maximum of two hundred and two dollars ($202.00) per month.
B. Employees who select the 8O/20o/o Traditional Plan shall pay for their
dependents' portion of the monthly premiums at the same rate as non-
represented em ployees.
This Subsection may be modified in accordance with Article 17 - Future Changes.
Subsection 18.1.4. HSA Funding
For employees who select the Health Savings Account (HSA) with the High
Deductible Health Plan (HDHP) who wish to receive city funding must participate in
the Wellness program. Employees will have until December 3l't to earn wellness
points to receive the following HSA Funding. Employees who achieve Gold will
receive $1,500, those that achieve Silver will receive $1,000, and those that
achieve Bronze will receive $500. The funding an employee achieves will be front
loaded to the HSA account on the January 20th payroll check of the following year.
New hires will be prorated for their hire date at the gold Wellness level applicable to
that year.
This Subsection may be modified in accordance with Article 17 - Future Changes.
Subsection 18.1.5. Retiree Medical Savings plan
The City has established a Health Retirement Account (HRA) Voluntary
Employees' Beneficiary Association (VEBA) to reimburse out-of-pocket medicalcare costs, as defined by the IRS, for eligible future retirees and their
dependents.
This program will remain in place for the length of this contract and will
discontinue effective December 31, 2024.
At the expiration of this contract, the City and KPOA will evaluate the program's
effectiveness and financial sustainability and may modify the program or discontinue
the program at either party's discretion. The parties agree to reopen for the purpose
of negotiating plan design.
Elioibility
Kent Police officers will be eligible after attaining a minimum of 68 points, based
on a combination of age plus years of service, where one point is awarded for
each year of age and one point for each year of service. The total points establishan order of merit, or seniority, to receive the benefit. To be eligible, the
employee must be at least 53 years old, but not to exceed the age of 54. A
minimum of 15 years of service must be completed as a Kent Police Officer The
eligibility score is calculated based on the employee's intended retirement date.
In the event an employee declares their intent to retire and subsequently elects
not to retire in the year initially declared their seniority is subordinate to the
seniority of those who have not been previously considered but have
subsequently become eligible in the upcoming year.
The city agrees to review additional employees over the allotted one position, per
year, on a case-by-case basis, which shall not be precedent-setting'
Benefit
t6e one employee with the highest eligibility points, upon retirement in good
standing, will be enrolled in the KPOA HRA VEBA and will receive a stipend of
9800 per month. The stipend payment will begin on the first month of retirement
and end the month they turn 65 years of age.
Once an employee is enrolled in the VEBA program, they will remain enrolled
until the month they reach 65 years old, regardless of changes in the contract.
Enrollment
Employees who wish to be considered for this benefit must declare their intent
to retire to their KPOA representative byJune 30th of the year priorto retirement.
KpOA will initially determine eligibility and consider seniority. By July 31st, a list
will be compiled by KPOA and those eligible retirees with the most points will be
identified and informed that their names will be forwarded to HR. The list will be
forwarded to HR by August 31't. The city will respond to KPOA by October l't
with a final determination of eligibility and request KPOA to complete the form
and forward it to HR no later than November 30th to HR for final processing.
Employees will send the Chief of Police a memo declaring their retirement date
at least two months prior to the retirement date. If the employee decide not to
retire, KPOA will notify HR to remove their name from the eligibility list.
Exclusions
fmployees who return to employment with the city (in a non-sworn position) will
have their VEBA benefit paused while employed and will then be reinstated upon
separation with the city until the month they reach 65 years of age'
Indemnification
The KPOA agrees to indemnify, defend, and hold the City harmless from any and
all liability, claims, demands, suits or any other loss, damage, or injury to persons
or property arising from or related to the provisions of this section.
Section 18.2. 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 life insurance shall be
equal to one times the employee's annual base salary to a maximum of 150,000 and
a minimum of $25,000.
Section 18.3. Long Term Disabilitv Insurance
The Kent Police Officers Association shall determine and administer the premiums
and benefits of its own Long Term Disability insurance program.
The City's only responsibility is to make premium deductions as specified by the KpOA
through Association members' payroll on behalf of the KPOA.
Section 18.4. Forms Handlino
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.
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.
The parties agree that the Association's participation on the City's Health Care
Committee has been mutually beneficial. The parties recognize that there must be
representation and participation by all Unions on the Committee. Therefore, the
Union agrees to designate two (2) representatives to participate in the Health Care
Committee.
Section 18.6. 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 18.7 Line of Duty Death Benefits
In the event of the death of a police officer while on duty, the
medical, dental and vision benefits to the eligible dependents of
The following limitations shall apply:
City will provide
the police officer.
a
a
The benefits provided by this Agreement shall be provided for twelve (12)
calendar months following the month in which the death occurs.
Only eligible dependents of the police officer who are covered on the City's
medical, dental and vision plans at the time of the police officer's death are
eligible for the benefits provided herein; provided, that a child born to or
adopted by the spouse of a police officer after the death of the officer but prior
to the expiration of the period in which the benefits are provided pursuant to
this Agreement shall be eligible for the benefits provided for herein.
a In lieu of providing the medical, dental and vision benefits required herein, the
City may, at its discretion, provide funds in an amount equivalent to the cost
of 'coverage through the Consolidated Omnibus Budget Reconciliation Act
(COBRA) for the twelve (12) month period.
ARTICLE 19 . MILITARY LEAVE
Employees of the bargaining unit shall be granted days off for paid military leave in
accordance with CiU Folicy l.O - Uilitary Leave or as required by state andlor federal
law.
ARTICLE 20 . TOBACCO FREE WORKPLACE
The Association and the City agree that in order to create a healthy work
environment, to protect the public and reduce overall risk, the members of the
bargaining unit agree to comply with the City and Department policies concerning
"Tobacco Use".
ARTICLE 21 . 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 21.1. Substance Abuse Policy
T6e City *,d{he 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 drug.
Nothing in'the passage of I-502 in 2OL2 changes the intent of this Article or
department policy 13.1.1 (Code of Conduct).
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 lisied in Sections 21.5 and 2L.6 of this article. Employees
participating in treatment programs are expected to observe all job performance
standards and work rules.
Section 21.2. Informing Emplovees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy.
Employeei will be provided with information concerning the impact of the use of
alcohoi and drugs on job performance. In addition, the City shall inform the
employees on hdw the tests are conducted, what the tests can determine and the
consequence of testing positive for drug use. No employee shall be tested beforethis information is provided to him/her.
Employees who voluntarily come forward and ask for assistance with an alcohol
and/or chemical dependency shall not have that dependency used as the basis for
disciplinary action by the City.
The City encourages employees to seek treatment for drug and alcohol abusevoluntarily. 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 empioyees with anyother 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, orprivately, will not interfere with an employee's continued employment or etigiOitityfor promotional opportunities. Information regarding an employee's participation inthe Employee Assistance Program will be maintained in confidence.
Section 21.3. Emoloyee 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 ihe 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 21.4. Sample Collection
The collection and testing of samples shall be performed only by a laboratory and bya 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.
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/oi 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 attached to this article'
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.
Section 21.5. 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
(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 9as
chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff
values,
CONFIRMATORY TESTING
Marijuana metabolites.
Cocaine metabolites..,.
Opiate metabolitesl....
Phencyclidine...
Amphetamines..
Marijuana metabolites1......
Cocaine metabolites2 ....,...
Opiate metabolites
Morphine.
Codeine
100 nglml
300 nglml
300 nglml
25 nglml
1000 nglml
15 nglml
150 nglml
300 nglml
300 nglml
Phencyclidine. . .25 nglml
Amphetamines
Amphetamine... .....500ng/ml
Methamphetamine .. 500 nglml
(1 ) De lta - 9 -tetra h y d roca n n a b i n o I -9 - ca rboxy I i c a ci d
(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 criminal investigation
or prosecution,
Section 21.6. 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 testperformed 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 recordi
of the testing expunged from the employee's files. Only specimens identified aspositive on the initial test shall be confirmed using a blood alcohol level. Sample
handling procedures, as detailed in Section 2L.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 21.7. Medical Review phvsician
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 21.8, Laboratorv 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.
Section 21.9. 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 21.1O. Rehabilitation Program
Any employee who tests positive for a substance listed in Sections 21.5 and 21'6 of
this article as determined by the Medical Review Physician in Section 21.7 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. counselorto 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 21.11. Dutv 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 are 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 21.12. Right of Aooeal
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.
Section 21.13. 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.
Section 21.14. Consent for Samplinq and Release of Information Form
CONSENT/RELEASE
Subject to my rights under Article 2L of the Collective Bargaining Agreement between
the Kent Police Officers Association and the City of Kent, I consent to the collectionof 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 Officer. 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
reha bilitation.
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 regulationor 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
ARTICLE 22 . 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 articie 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 23 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement between
the pJrties 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.
ARTICLE 24 - TERM OF AGREEMENT
This Agreement shall become effective January L,2022, and shall remain in force
until December 3L, 20224. The parties agree that this Agreement shall, as of January
L, ZO22, supersede and effectively terminate the "City of Kent and Kent Police Officers
Association, Assistant Chiefs and Commanders, January t,2OL9 through December
3L, 2O2L" collective bargaining a.greement.
Signed tnitd-day of Ore^9 ,2022, at Kent, Washington.
CITY OF KENT KENT POLI CIATION
By
Dana Ralph, M Wayne G o dent
c
Teri mith,E c emmen,
H uman Resources Director Negotiations Team Member
By <naX*o;a-F,zl.nt'"-z-uko--2
Natalie Winecka
Deputy Hum Resources Director
By
augh ,
Labor Relations Manager
App s to form:
eyr
City Clerk
APPENDIX TTA'' . OFF-DUTY SUPPLEMENTAL OVERTIME PAY
Section 1. Puroose
This Appendix is specifically intended to address overtime worked by commissioned
officers while off-duty (hereafter referred as "supplemental overtime"), which is
funded and paid by external third parties. The City will document, process, and
record all such supplemental overtime. The City agrees to perform the scheduling,
bookkeeping, and reporting functions of such supplemental overtime for the City of
Kent's commissioned officers. The employees will hereafter be paid for such
supplemental shifts through City payroll and be subject to all applicable payroll
related taxes and benefits deductions.
Section 2. Definition
City overtime is defined as additional hours of work for City staffing purposes
or additional staffing needed due to special events planned, organized and
A
funded by the City of Kent.
B. Supplemental overtime is defined as additional hours of work which are
planned/organized, funded, and paid by an independent third party
(hereafter referred as "non-City related events"). These are generally events
which are not funded or paid by the City. Examples of supplemental
overtime include, but are not limited to, security for a private business,
security for a private party/event, personal protection for a non-government
official, or traffic control at construction sites.
C. A commissioned officer of any rank shall be hereafter referred to as "officer"
or "com missioned officer".
D. An employee holding the rank of Police/Patrol Officer regardless of his or her
current assignment (i,e., Detectives, Training Officers, etc.) shall be
hereafter referred to as "Officer".
E. The police Chief, or his designee(s), shall be hereafter referred to as "Chief"'
Section 3. Eligibility
Commissioned officers of any rank ("officers") who have passed their new hire
probationary period are eligible to work supplemental overtime. Any exceptions to
an officer's eligibility to work supplemental overtime during probation will be made
by the Chief a[ the Chief's discretion on a non-precedent setting, case by case
basis.
Section 4. Work Rules
The officer's conduct while working supplemental overtime shall be considered on-
duty conduct. Commissioned officers working supplemental oveftime shall be
subject to all policies, procedures, practices and standards of the City and the Kent
polile Department, and shall be subject to all laws, rules, and regulations of the
State of Washington and/or the Federal Government applicable to police work and
law enforcement. Failure to abide by applicable laws, rules, regulations, policies,
procedures, practices, and standards may subject the officer to disciplinary action
up to and including termination of employment. The officer will be afforded all
applicable protect'rons as provided by the CBA, Civil Service rules and City and
Department policies and procedures for conduct that arises while working
su pplemental overtime.
Section 5. Required Paperwork
A, All required paperwork resulting from the officer's supplemental overtime
work should be completed during the supplemental overtime shift.
B. If, due to extenuating circumstances, the officer cannot complete the
required paperwork during the supplemental overtime shift, the officer will
complete such paperwork during his/her next regularly scheduled work shift
with the Kent Police Department. If completion of such paperwork during the
next regularly scheduled work shift is not feasible or not practical, the officer
will request authorization from his/her regular department supervisor or the
duty supervisor for overtime to complete such paperwork. such pre-
authorized overtime will be paid at the employee's regular City overtime rate
per the CBA. However, the employee shall only be paid for the actual time
spent completing the paperwork and such overtime hours shall be treated as
if they are annexed to the employee's work shift regardless of when they are
worked. This means such city overtime to complete required paperwork
shall not qualify for the minimum overtime call back provision of the Officers
CBA.
C' If the officer working the supplemental overtime who needs City time to
complete required paperwork is an Assistant Chief or a Commander, the
paperwork shall be completed, with pre-authorization, on City time without
additional compensation to the officer (overtime exemption status).
Section 6. Work Restrictions
A. No officer may work supplemental overtime whire on sick leave.B' All commissioned officers must abide by the sixteen (16) hour work and eight(8) hour rest rule per Section 4.10 Rest Periods of the Officers CBA to include
all hours worked for the City, for supplemental overtime, or any other work
performed by the employee.C. The Chief retains the right to restrict officers from working supplemental
overtime with cause (i.e., disciplinary action, performance issues/concerns,
paid administrative leave, etc.).
Section 7. Overtime Sign-uo, Assiqnment and Mandating
Sign-up for supplemental overtime work shall be voluntary on a first come
first serve basis. The Chief may not mandate officers to work supplemental
overtime and may not discipline an officer for refusing to work supplemental
overtime. However, the Chief retains the right to mandate commissioned
officers to work City overtime per Section 4.2 Overtime of the Officers CBA.
In addition, the chief retains the explicit right to convert supplemental
overtime into City overtime, mandate officers to work the City overtime, and
pay the City overtime rate for that work.
The Police Department will provide a sign-up list for the supplemental
overtime to mirror the current Department overtime sign-up practice. This
includes, but is not limited to, 1) primary, secondary, and alternate officers
to fill the supplemental overtime need, 2) timeline for signing up for the
overtime, and 3) moving officers between primary, secondary, and alternate
slots.
Employees working or scheduled to work supplemental overtime may be
redirected, at the discretion of the Chief, to cover City overtime, Kent police
Department functions and emergencies. The city will make reasonable
efforts to solicit volunteers for the City overtime first before redirecting
officers from supplemental overtime to city overtime assignments.
A.
B
c.
D
E.
Commissioned officers working City overtime shall be paid at the officers'
regular overtime rate, as applicable, P€r the CBA.
The Chief will have the authority to move any employee who is signed up for
supplemental overtime to the City's overtime list once the supervisor has
made reasonable efforts to solicit volunteers for the City overtime. If the
employee is moved to the City overtime list, the employee shall be paid at
the employee'S regular overtime rate, if overtime pay is applicable, per the
appropriate CBA for hours worked on City overtime.
During a supplemental overtime shift, if the officer is needed in court, the
officei will attend court and be paid at the City overtime rate, as applicable,
for all hours spent in court. The officer shall only be paid City overtime for
the actual hours spent in court and will not qualify for the minimum court
overtime per Section 4.4 Overtime Pay for Court Appearances of the Officers
CBA. If applicable, once the officer returns to the supplemental overtime
assignment, supplemental overtime pay rate for that assignment will resume.
However, if the officer is available to return to the supplemental overtime
assignment but the remainder of the supplemental overtime shift was
cancelled by the third-party employer due to the officer's absence for court
appearance, the officer will be paid the minimum four (4) hours of court
overtime (which shall include the actual hours spent in court) at the City
overtime rate or the remainder of the supplemental overtime shift, whichever
is shorter.
Section 8. Compensation
A, Supplemental overtime worked shall only be paid and shall not be eligible for
compensatory time accrual.
B, The minimum number of hours for each supplemental overtime
shift/assignment shall be four (4).
C. Compensbtion for supplemental overtime shall be paid at the rate specified in
Subsection 8.C (1), regardless of the commissioned officer's rank. Such
supplemental overtime is worked for and paid by an independent third party,
and is therefore, exempt from Fair Labor Standards Act (FLSA) and Minimum
Wage Act (MWA) overtime calculations. Supplemental overtime hours and
payshall not be included in the calculation of City overtime obligations.
1. Rate of Pay
a. The rate of pay shall be sixty-five dollars ($65) per hour'
b. The rate of pay on an observed holiday as defined in Section 7.1
Holidays Observed of the Officers CBA and Article 7 Holidays of the
Assistant Chiefs/Commanders CBA shall be ninety-seven dollars
and fifty cents ($97.50) per hour. Observed holidays shall not
include the employee's floating holiday.
c. The rate of pay for a shift longer than ten (10) hours shall be sixty-
5 dollars ($65) per hour for the first ten (10) hours and ninety-
seven dollars and fifty cents ($97.50) per hour after ten (10)
hours, However, if the officer signs up for more than one (1)
consecutive supplemental overtime shift, the officer will be paid at
the sixty-five dollars (965) per hour for all scheduled hours the
officer signed up for. If the officer is held over during a
supplemental overtime shift and the supplemental shift is ten (10)
hours or longer, the officer shall be paid at ninety-seven doilars and
fifty cents ($97.50) per hour for all hours worked in excess of the
scheduled supplemental overtime shift beyond ten (10) consecutive
hours.
supplemental overtime, and then is held over for two (2)
additional hours, the officer shall be paid sixty-five dollars (g65)
per hour for all ten (10) hours worked, because the entire shift
did not exceed ten (10) consecutive hours.
supplemental overtime, and then is held over for two (2)
additional hours, the officer shall be paid sixty-five dollars ($65)
per hour for the first ten (10) hours and ninety-seven dollars
and fifty cents ($97.50) per hour for the last two (2) hours.
supplemental overtime, with the understanding that ten (10)
hours will be at the straight time and two (2) hours will be at
the overtime rate, the officer shall be paid sixty-five dollars
($65) per hour for the first ten (10) hours and ninety- seven
dollars and 50 cents ($97.50) per hour for the last two (2)
hours.
supplemental overtime, with the understanding that ten (10)
hours will be at the straight time and two (2) hours will be at
the time and a half rate, and then is held over for two (2)
additional hours, the officer shall be paid sixty-five dollars ($65)
per hour for the first ten (10) hours and ninety-seven dollars
and fifty cents ($97.50) per hour for the last four (4) hours.
supplemental overtime shift and splits a second ten (10) hour
shift with a co-worker for a total of fifteen (15) hours (more
than one (1) consecutive shift), with the understanding that all
fifteen (15) hours will be paid at straight time, the officer shail
be paid -five dollars ($65) per hour for all fifteen (15) hours
worked. This is because the original scheduled shifts that the
officer signed up for was added up to fifteen (15) hours.
supplemental overtime shift and splits a second ten (10) hour
shift with a co-worker for a total of fifteen (15) hours (more
than one (1) consecutive shift), with the understanding that all
fifteen (15) hours will be paid at straight time, and then is held
over for one (1) additional hour, the officer shall be paid sixty-
five dollars ($65) per hour for the first fifteen (15) hours and
ninety-seven dollars and fifty cents ($97.50) per hour for the
last hour.
If a supervisor is required and authorized by the chief for a
supplemental overtime assignment/event, the commissioned officer
working as the designated supervisor shall be compensated at
ninety dollars ($90) per hour. The supervisor shall be paid at the
rate of $135 per hour for all hours worked on an observed holiday,
for hours scheduled at one and one-half (1 7z) time rate, and for
holdovers beyond ten (10) hours as defined in paragraphs b. and c'
above.
Section 9. Cancellation of Supplemental Overtime
If a supplemental overtime shift is cancelled, the City agrees to no-tify the officer
scheduled to work at least ten (10) hours prior to the start time of such
supplemental overtime shift. Failure to provide a minimum of ten (10) hours
advance notice of cancellation shall entitle the officer to receive four (4) hours of
supplemental overtime pay at the rate of that supplemental overtime assignment.
If the City has called the employee by phone and by pager at least ten (10) hours
prior to the start time of the supplemental overtime shift, this advance cancellation
notification requirement will have been met regardless of whether the employee
has checked or received his or her messages'
Section 1O. Payroll. Pavroll Decluctions ancl Record Keeoing
A. Officers will record all supplemental overtime worked on the current pay
adjustment timesheet. Officers shall complete timesheets to include
su-pplemental overtime hours worked within timelines required by the City's
policies, procedures, and practices.
B. The third-party employer shall pay the City for all supplemental overtime
hours worked at the mutually agreed upon contract rate. This contract rate
shall include the employer's portion of applicable payroll taxes.
C. The City shall pay the officers working the supplemental overtime at the rate
specified in Section 8. Compensation of this agreement. Suc! supplemental
overtime pay less applicable payroll taxes will be included in the employee's
regular payineck from the City. Applicable payroll taxes to be deducted from
the employee's supplemental overtime earnings shall include the employee's
portion of payroll taxes (i.e., Social Security, Medicare, LEOFF, etc.)'
D. The City shall report supplemental overtime earnings and deductions to the
appropriate governmental agencies.
Section 11. Work Performecl bv Non-Bargaining Unit Members
A. Supplemental overtime not filled by Kent Police Department officers can be
d
B.
contracted out, at the Chief's discretion, to outside police agencies. The rate
of pay for outside agencies shall be determined by the Chief. The Chief will
first allow Kent commissioned officers an opportunity to voluntarily sign up
for the supplemental overtime. If the supplemental overtime remains
unfilled, the Chief may contact outside police agencies from a list mutually
agreed on between the Kent Police Department and the KpoA. If the
supplemental overtime remains unfilled, the Chief may contact other outside
police agencies which are not on the mutually agreed upon list. If the
supplemental overtime remains unfilled, the City will reject the offer of
supplemental overtime work from the third-party employer. At all times the
Chief retains the right to accept or reject any offer of supplemental overtime
work from any third-party employer and to determine the number of officers
needed at a particular supplemental overtime assignment.
Nothing within this Appendix shall restrict the city from using police
Department volunteers to perform duties they currently perform or haveperformed in the past. These duties may include, but are not limited to,
parking direction/control, pedestrian traffic control, providing public
information, etc. Questions of KpoA duties that have been performed by
past volunteers shall be discussed and mutually agreed upon between the
parties,
Nothing within this Appendix shall restrict the parties from allowing the
implementation of the Police Cadet program and allowing Cadets to perform
limited police functions within the scope allowed by law, civil service rules,
and as mutually agreed upon between the parties.
Nothing within this Appendix shall restrict non-KpoA members from
performing police work which is currently and have been traditionally
performed by those employees.
Nothing within this Appendix shall restrict the parties'ability to meet and
mutually agree upon any additional police work which may be performed by
non-bargaining unit members if/when such need arises.
SBIRiSFiS Hl'oltggj{}tf#l!3fring".tgfft"#p\g,iJ""ry the citv to supptant KpoA bargaining unit
APPENDIX "8" - Retro Compensation
Section 1. Purpose
c
D.
E
will keep KPOA informed on timelines.
are in effect. The Emplover will attempt to make accrual rate adiustments as soon