HomeMy WebLinkAboutCAG2022-256 - Original - AFSCME Local 2617 - 2020-2022 Labor Agreement - 01/01/2020FOR CITY OF KENT OFFICIAL USE ONLY
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Agreement Routing Form
KENT For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover
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Originator:
Brent Ashbaugh
Department:
Human Resources
Date Sent:
os/27 /2022
Date Required:
Authorized to Sign:
|7luuyor or Designee
Date of Council Approval:
r/27/20
Budget Account Number:
Budset? [ves[ruo
Grant?No
Type: l\/{
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Vendor Name:
AFSCME
Category:
Contract
Vendor Number:Sub-Category:
Original
Project Name: 4pgCME Labor Aqreement
Project Details:AFSCM E CBA : 7 / I / 2O-L2/ 3I / 22
Agreement Amount:
start Date: 111120
Basis for Selection of Contractor: Othef* Memo to Moyor must be attached
TerminationDate: 12131122
LOCaI Businesslnyes MNO* ,trnr",, ," quirements per KCC 3.70.100, please complete "Vendot Purchase-LocalExceptions" form on Cityspace.
Business License Verificati-l ! Yes[ ln-Proc"rrf,E""*ot (KCC 5.01.045)
N ired prior to disclosure?
No
Contract Number:
noL:tPrE CtlctrC'lE
3Eo
ate,
Comments:
AFSCME, Local 2617 Labor Agreement:I/ I/20-72/31/22
Date Received: City Attorn eyt 6/ t /22 Date Routed: Mayor's Office city crerk's orfice bh f g2L
adccw22373 -1 ,20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev. 202'l 05 1 3
CAG2022-256
CITY OF KENT
AND
WASHINGTON STATE COUNCIL
oF couNTY AND CrTY EMPLOYEES,
AFSCME, LOCAL 26L7
LABOR AGREEMENT
January L,2O2O - December 31' 2022
TABLE OF CONTENTS
Contents
PREAM8LE............. ....... 1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT ............... 1
Srcrroru 1.1 - RrcocruIrIoN oF Utln.
Srcrroru L.2 - Exct-uoro Ervplovrrs.,
Srcrroru 1.3 - TrMpoRRRv Elpt-ovrrs
Srcuolt L.4 - Lllvnro TrRv Etutplovers
Srcuoru 1.5 - Dlspurr Resolurtoru
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION
Srcnoru 2.L - Uttrtolt SrcuRtw
ARTICLE 3 . SENIORITY AND EMPTOYMENT PRACTICES..........".
3
3
4
1
1
1
2
3
4
4
4
5
5
6
8
8
9
Srcrroru 3,1 - PRosRrIoNERS......
A. Regular Employees (Non-Civil Service)
B. Civil Service Emp1oyees................
C. Seniority...
Secrroru 3.2 - SrruIoRrY
Srcuoru 3.3 - PeRsoltrurl RroucrIoru
Srcrroru 3.4 - SrvrRRrucr PnY
Secrroru 3.5 - NortrIcRnoN FoR REcA11.........
Srcnoru 3.6 - Rrcnls .......
Srcnoru 3.7 - PostrIoru VRcRrucIrs
Srcnoru 3.8 - Rrntnro Nolt-Ctvtl SrRvtcr Eupt-oYrrs....'.
ARTTCLE 4 - HOURS OF WORK ............ ..... 11
Srctroru 4.L - HoURS or WoRr
Subsection 4.1.7 Rest Periods
Srcrroru 4.2 - AltrRruRrlve WoRr Scnroulrs
Srcrtoru 4.3 - Mrnl AND REST PrRtoos .
ARTTCLE 5 - OVERTTME, COMPENSATORY TrME AND CALL BACK T4
Srcnoru 5.1 - OvrRrIvr 14
t4
15
15
Subsection 5.1.1 - Corrections Mandatory Overtime Assignment Process
Srcnoru 5.2 - Cnll Bncr
Srcnoru 5,3 - ComPrrusRroRY Ttvr .
Srcrtoru 5.4 - MRruoRroRY SrRruoaY
SrCrTOru 5.5 - EVTNGENCY RESPONSE
ARTTCIE 6 - UNrON ACTrVrTrES........... ... 16
Srcrroru 6.1 - ArrrruoRrucr Rr Merlrucs
Sectrolr 6.2 - But-lrnru BoRRos
10
10
11
I2
13
13
... 16
... 16
16
L7
ARTTCLE 7 - GRTEVANCE PROCEDURE.......... ........... 18
Srcrloru 6.3 - Elupt-oyre Upnolorruc Ururoru PRrrucrplrs/PrnronuINc DUTIES
Srcrroru 6.4 - UruIoru CoruvrrurIoN AND CorurrRrrucr LrRvr BRrux '
Srcnoru 7.I - GRlevnruCe OR DISputE OVER PROvIStOtttS Or ACRrrvrrur
Srcuol'r 7.2 - CtvIl SrRvIcr Apprnl .
Srcnoru 7.3 - GRIrvRrucr Srrps.,,....,
Step 1
Step 1
Step 2
Step 3
Step 4
Srcrroru 9.1 - Wonr Sroppnce Drnruro.
Secrroru 9.2 - Bncr to Wonr ORorR.
t7
L7
18
18
19
I9
I9
I9
I9
20
B (It Applicable)
Secrroru 7.4 - GnIrvRrucr AcnIrusr UruIoru .....20
Step 1
Step 2........
ARTICLE 8 - DISCIPLINARY ACTION BY THE EMPLOYER""......... .......... 21
Srcrroru 8.1 - DrscIputttRRY AcrIoN 2L
2L
22
22
23
23
Srcrroru 8.2 - DtscIplrruRnv/Prasorururl RrcoRDS,.....,....
ARTICLE 9 - WORK STOPPAGES AND EMPTOYER PROTECTION
15.1- WAGES
L5.2 - SRmnv StRucrunr
L5.4 _ LONGEVITY
15.5 - EoucRrtoruRl Irucerurtvr Pmru...
15.7 - Our or Cuss Pnv...........
15.9 - AccREDITATIoT Pnv....
15, 13 -BIt-Irucunl PRY.....
L5.L4 - INSTRUCTOR PNY .
...,........'...',,.,,.. 20
'.,..',,.,''.'..'..'. 2 I
Secrtoru 9.3 - DIscIpt-IrunRY MEASURTS av EMpl-oYER ........
ARTICLE 10 - DEPARTMENT WORK RULES .............' 23
ARTICLE 11 - MANAGEMENT RIGHTS ....... 23
ARTICLE 12 - CONTRACTING WORK..... ....24
ARTTCLE 13 - CrVrL SERVTCE AGENDAS/MrNUTES........... ....-- 25
ARTICLE 14 - PAY PERIODS ......25
ARTTCLE 15 - WAGES, COMPENSATTON AND LONGEVTTY... ....25
Secrroru
Srcnoru
Srcrtoru
Srcuoru
Secnoru
Srcnoru
Srcnoru
Srcnoru
Srcnoru
Srcnoru
Srcnoru
Srcrroru
Srcrroru
Srcnoru
15.3 - Joa DescnIPTIoNS Rruo RrcmssIFIcATIotl RrQursrs ."......
15.6 - SnIrr DIFFERENTInI PnY (Pot-Icr Sueeonr)
15.8 - CoRRrcrtorus PRrrvtuv Pny/ASSIGNMENT
15. 10 - CusrootRru SpectRlrv Pnv /AssIcNMENT......
15.11 - Corvvurr TRlp Reoucnoru (CTR)
L5.L2 -Pot-Icr DepRRrvrrur RrcRuInruc Irucrruttvrs
25
26
27
27
28
28
29
31
31
31
32
32
34
34
ARTICLE 16. EMERGENCY CONDITIONS.......... .,.....34
ARTTCLE 17 - HOLIDAYS ...........35
Srcrroru L7.L - Hot-IoRvs OasrRvro....
Srcrroru 17.2 - Hot-Ionv LeRvr Bnrur....
35
35
Eligibility. ... . .
Accruals..........
................ -t5A,
B.
C.
D,
E,
F.
.. 36
Hol idays Not Wo rked...............
Holidays Worked......
Holiday Use Restrictions
Cash Out...........
ARTICLE 18 - ANNUAL LEAVE ....38
Secnoru 18.1 - Atttruunl Lrnvr AccRuRl,..
Srclolt L8.2 - MRxtluul4 LEAVE AccRuRt-
Srcrottr 18.3 - Scneouulttc ANNUAL LEAVE.....
A. Non-Civil Service
B. Civil Service
ARTICLE 19 - SICK LEAVE .........39
Secuoru 19.1 - Stcr LrnvE ACCRUAL 39
Srcrroll L9.2 - Usr or SIcr Lrnve 40
Srcuoru 19.3 - PRovpr NorIrIcRrIoru ,...40
.,..40
....4t
....4t
....41
Srcnoru 19.8 - SIcr Lrnvr Irucrruuvr PRocRRtut.....4L
42
...'...'.,.,' 36
,........,',, 36
'..',.,,..'.' 37
............. 38
38
39
39
39
39
Srcrroru L9.4 - Srcx Lrnvr Aausr.,..
Srcrroru 19.5 - Coltoltlottts Nor CovrReo
Srcrroru 19.6 - PHYSIcIAN's StRtevrNT .......,.....".'
Srcrroru L9.7 - Wrururss PRocRnv
Srcnoru 19.9 - Ltcnr DurY
A.On-the-Job Iniury....,,' 42
B. Off-Duty lllness or Injury-Reasonable Accommodations'...'..'.'. ..'....""""""42
Srcrroru 19.10 - CoRRrcrroNS OFFrcrn Oru-Durv INJURY LrRvr PRovIsIot\.....,,.......,'..43
ARTICTE 20 - JURY DUTY AND COURT APPEARANCES ............44
Srcrloru 20.L - Junv Durv Rruo CouRr APPEARANcES........'.'.44
44
44
Secrroru 20.2 - JoB-RELATTo CouRr ApprRRRrucr
Shift Other than Grave
Grave Sh ift................44
Pyramiding 45
Standby Time for Court Appearance.............45
ARTICLE 21 - BEREAVEMENT LEAVE..... ....45
A.
B.
c,
D
Srcrtoru zL.L - Use on BrRenvrvrrur LrRvr '..
Srcrloru 2L.2 - IlvrotRrr FAMILY
SeCrTOru 2T.3 _ UST OT SICT LTNVT TO SUPPLEMENT BEREAVEMENT LTRVT
ARTTCLE 22 - PENSrON........ .-...46
ARTICLE 23 . WORKERS'COMPENSATION PROGRAM
45
45
46
ill
46
ARTICLE 24 - INSURANCE .........46
Secrtoru 24.L - Mrolcn/Drrurn/VIsIoru Pmrus..
Srcloru 24.2 - Ervployrr CoNrRtsurtoru-Mrotcn/DrrurnVVISIoN CoveRRcr
Srclolr 24.3 - RrnRrverur HrRlrn SnvIrucs
Srcrloru 24.4 _ HEALTH CNNT CON4MITTEE
Srcnoru 24.5 - LIrr IrusuRlrucr
Srclou 24.6 - LoNG Trnv DIsRatLtrY Il,tsuRRrucr (LTD)'.....'
ARTICLE 25 - EDUCATTON, SEMTNARS AND CONFERENCES....... ......'....' 49
SrCrrOru 25.L - RTIvauRSTMENT FOR TRRITlruC SeN4tNnnS/COrurrRrruCES ....
SrCrIOru 25.2 _ SPTCINI LICENSES NruO CTRTIFICATES
Secrroru 25.3 - EoucnrIoru - GrrurRel
Srcrroru 25.4 - ReIMauRsrvrrur RrQuESTS....,.......,.
SrcrIoru 25.5 _ CNSS ATTENDANCE
Srcrloru 25.6 - RTIMeuRsTMENT FoR EoucRrtoru/TnnIrutruc
ARTICLE 26 - LABOR MANAGEMENT MEETINGS ......51
ARTICLE 27 - HEALTH AND SAFETY... ....... 51
Srcrroru 27.L - WoRxlrtc Coruontorus 51
51
53
53
54
54
55
55
55
55
55
56
56
56
56
57
57
57
ARTICLE 28 . NON.DISCRIMINATION
ARTICLE 29 - MILITARY LEAVE
ARTTCLE 30 - PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE
SrCrtOru 32.3 - IrurORvlltC EMPLOYEES ABOUT DRUG RtttO AI-COHOI TrSrtruC.
Srcrroru 32.10 - UNIoN Helo HnnvLESS....,,,.,.
ARTTCLE 33 - JOB ROTATrON............ '......57
ARTICLE 34 . JOB SHARE .......... 58
ARTICLE 35 - VOLUNTEERS, INTERNS, AND SUPPORTED EMPLOVMENT PROGRAMS
59
ARTICLE 36 - CIVIL SERVICE SHIFT BIDDING ...'"..60
46
47
48
48
48
48
49
49
49
50
50
50
Srcrroru 27.2 - UNIFoRMS Rlto SRrrrY Grnn
Srcrroru 27.3 - Mlscrururous PRovISIoNS
ARTICLE 31 - TOBBACCO FREE WORKPLACE..........
ARTICTE 32 - ALCOHOL OR DRUGS IN THE WORKPLACE.....""..
SecrIoru 32.T _ DRUG FREE WORKPLACE
Srcrroru 32.2 - Dnuc nruo Alcotlol Tesrtruc
Srcrroru 32.4 - Et'lpl-ovrr TrsrIruc
Srcrroru 32.5 - At-conol Trsrtruc
Secrroru 32.6 - TESTING PRocRRrv Cosrs
Srcrroru 32.7 - ReHRaturRrIoN PRoGRAM ,............
SrCrIOru 32.8 - DUIY ASSIGNMENT ATTTR TRTRTUTruT
Srcrroru 32.9 - Rlcnr or APPrRl
IV
Srcrroru 36.1 - Pot-Icr RrcoRos Sntr-r Btoorruc
Su bsectio n 36. 1. 1 - Pol i ce Reco rds Bid/Assi g n m ent Process'.....'.'...'. "
Subsection 36.1.2 - Police Records Bid Rotation
Secloru 36.2 - CoRREcTIoNS PoslTlolt Blootltc.
Subsection 36.2.1 - Shift Assignments
Subsection 36.2.2 - Bid/Assignment Process
Subsection 36.2.3 - Corrections Bid Rotation..........
ARTICLE 37 - ENTIRE AGREEMENT...... .....63
ARTTCLE 38 - DURATTON .'........64
STGNATURES ........ ..."' 64
APPENDIX A - SALARY RANGES AS OF IITI2O 65
APPENDIX B . POLICE DEPARTMENT INTERNAL INVESTIGATIVE STANDARDS..... 66
STCTTOru 1 - EMPLOYEE RIGHTS
Srcrlotrt 2 - PsvcnoLoGIcAL EvRl-uRrIorus.
Conditions lJnder Which Evaluations Will Take Place '...-...
Results of the Evaluation
Definition....
APPENDIX C. HEALTH CARE PLAN & PREMIUMS"........ ......"..7O
APPENDIX D. POLICE RECORDS SHIFT BID......... ...7L
APPENDIX E - CORRECTIONS BID ROTATION ...".....72
APPENDIX F - CORRECTIONS STAFFING ......"....."..74
60
60
6t
61
6I
62
63
67
68
A.
B.
C.
.............68
.............69
.....,.,.','' 69
V
PREAMBLE
This agreement is between the City of Kent (hereinafter called the City), and Local #26t7,
Washington State Council of County and City Employees, American Federation of State,
County and Municipal Employees, AFL-CIO (hereinafter called the Union) for the purpose
of setiing forth a mutual understanding of the parties as to wages, hours, and working
conditions, for those employees for whom the City recognizes the Union as the collective
bargaining representative.
The City and the Union shall cooperate to provide the public with efficient and courteous
service, to promote the efficiency of law enforcement, public safety, the morale and
security of employees, to encourage good attendance of employees, and to promote a
climate of labor
.relations that will aid in achieving a high level of efficiency and
productivity in all departments of City government.
Whenever words denoting the feminine or masculine gender are used in this Agreement,
they are intended to apply equally to either gender.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1 - Recoonition of Unit
The City hereby recognizes the Union as the exclusive bargaining representative for
regular, full time and regular, part-time employees who work for the City whose positions
are allocated to classifications listed in Schedule rrA" in the following
departments/divisions: Finance, Police, City Attorney's Office Prosecution Division,
Economic and Community Development, Parks Operations, Parks Facilities, Parks Human
Services, Public Works Engineering, Public Works Operations, Information Technology,
and the City Clerk's Office.
Section 1.2 - Excluded Emplovees
The following employees shall be excluded from the bargaining unit:
A. All other represented employees of the City;
B. All Department/Division Directors, Managers, as well as supervisory
confidential employees as defined by P'E'R'C.; and
C. All employees classified as temporary, as defined in Section 1'3'
and
Section 1.3 - Temoorarv Emoloyees
Temporaries shall be considered employees hired to work no more than three (3) months
in a calendar year (January - December) or who work variable hours (less than 520
hours) in a calendai year (January - December) and are not regularly scheduled. The
City shall notify the Local Union President of all temporaries performing bargaining unit
worp. This notification will be provided on a monthly basis to include name, department,
reason, most recent date of hire, and hours worked'
Page 1
It is understood that the use of temporary employees as provided for in this section shall
not be deemed as supplanting bargaining unit work. Temporary employees shall be
classified into one of two categories:
A, Three (3) month temporaries are defined as employees who may work up to forty
(40) hours a week for a period not to exceed three (3) months in a calendar year
(January - December). A minimum of four (4) months break in service shall occur
after any three (3) consecutive month period.
If the three (3) month temporary is hired through an outside agency, management
may request a one-time extension with the approval of the union. At no point may
an outside agency temporary employee work more than a total of eight (8) months
in a calendar year.
B. Variable Hour Employees are defined as employees who work 520 hours or less in
any calendar year (January - December) and are typically described as on-call,
intermittent, or who may be routinely scheduled for only a few hours each week'
The total number of hours worked by 520-hour temporary employees in any work
unit shall not exceed 1500 hours in any calendar year. A work unit shall be defined
as all employees under the lowest level non-AFSCME supervisor/manager.
Departments may hire multiple temporary employees as defined above but shall not
combine or overlap temporaries in such a way as to create the equivalent of a regular
position or to avoid the time constraints set herein. In the case of layoffs, temporaries
may not be hired in work units where layoffs have occurred while there is an active recall
list. Except that, temporaries may be hired when there is a budgeted vacancy that is
intended to be filled with a non-temporary employee. Additionally, temporaries may be
hired to work during approved leaves of absence'
Section 1.4 - Limited Term Emplovees
Limited term positions are those within the bargaining unit which are grant-funded or
project-based and have a limited duration of employment, not to exceed three (3) years.
SuCh positions shall be filled in accordance with Section 3.7 Position Vacancies and shall
clearly state the expected duration of the position. Limited term positions shall be
considered regular positions and shall be covered by all aspects of the Collective
Bargaining Agreement.
The position's term may be extended by the City to complete the project for which it was
established. The position's term may also be extended based on mutual agreement
through the Labor/Management process. If the limited term position is extended or
becomes regular and loses limited term status, the incumbent employee shall have the
first right of refusal for the position.
AFSCME employees hired into any limited term position shall have full and complete
reversion rights to their most recently held regular full/part time position.
Page 2
Section 1.5 - Disoute Resolution
Any dispute arising in the future as to the inclusion or exclusion of a position from the
bargaining unit will be presented to the Public Employment Relations Commission
(P.E.R.C.) for determination. Failing agreement of the parties, pending resolution,
bargaining unit members shall remain members and non-bargaining unit members shall
retain their non-represented status.
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION
Section 2.1 - Union Security
The Employer recognizes the WASHINGTON STATE COUNCIL OF COUNW AND CITY
EMpLOYEES/AFSCME Council2 and its affiliated local 2617 (hereafter Union) as the sole
and exclusive bargaining representative in all matters concerning wages, hours, and other
conditions of employment for all employees described in the recognition clause.
The Employer shall remain neutral when communicating with employees about Union
membership and direct the employee to discuss union membership with a union staff
representative.
For current Union members and those who choose to join the Union, the Employer shall
deduct semi-monthly Union dues and fees uniformly levied and shall continue to do so
for such time and on conditions set forth in the authorization for payroll deduction
regardless of the employee's continued membership in the Union. The Employer shall
trjnsfer amounts deducted to Council 2. Authorizations for Payroll Deduction are valid
whether executed in writing or electronically.
The Employer shall provide an electronic copy of the Authorization for Payroll Deduction
and Representation via email to C2everett@council2.com within 10 days of the employee
executing the document. The Employer shall provide to the Union monthly a complete
list of all bargaining unit members that includes: Employee name, home address,
personal phone, work email, birth date, hire date in current bargaining unit (if system
allows), job classification, department, full or part time status and monthly base wage.
The Employer shall honor the terms and conditions of each employee's authorization for
payroll deduction. Whether an employee is a union member or not, the Employer shall
continue to deduct and remit Union dues and fees to the Union until such time as the
Union notifies the Employer that the dues authorization has been properly terminated in
compliance with the terms of the payroll deduction authorization executed by the
employee.
Pending the resolution of any dispute concerning the application of R.C.W. 4L.56'L22, the
amount equivalent to union dues and initiation fees shall be held in an escrow account.
The Union shall indemnify the Employer and save the Employer harmless from any and
all claims against the Empoloyer arising out of administration of this article so long as the
Employer complies with this article.
Page 3
A
Electronic Authorizations are Valid
An authorization for Union membership and/or dues or other payroll deduction is valid
whether executed in writing or electronically.
ARTICLE 3 - SENIORIW AND EMPLOYMENT PRACTICES
Section 3.1 - Probationers
Reqular Emoloyees (Non-Civil Service)
1. New Hires: All employees hired or rehired (excluding recalls) shall serve a
probationary period during the first twelve (12) months of employment'
Probationary employees shall have full access to the grievance procedure
except in cases of disciplinary action and/or layoffs'
Probation Extension: Any probationary period may be extended upon the
request of the manager as a result of approved breaks in service of one (1)
or more months to allow for the completion of the full twelve (12) months
of satisfactory performance in the employee's regular assignment.
Requests for extension must be processed with the Human Resources
Department.
Civil Service Emplovees
1, New Hires: The parties recognize the purpose of probationary employment
for new hires and rehired employees is to provide a trial period of
employment during which the City can observe the performance of the
probationer for twelve (I2) months before confirming the rights of
permanent status. For Corrections Officers who are required to attend the
State Correction Academy, the twelve (12) month probationary period
would exclude time spent in the academy.
Probationary employees shall have full access to the grievance procedure
except in cases of disciplinary action and/or layoffs.
Z. Transferred and Promoted Employees. Any permanent employee who is
transferred (pursuant to the Civil Service process), or promoted shall be
considered as a special probationary employee, and must successfully
complete a twelve (12) month special probationary period before being
permanently appointed to the new position or rank. For purposes of this
agreement, special probationary employees who are employed as regular
full time shall be considered as and entitled to all benefits of non-
probationary members of the bargaining unit.
If the special probationary employee fails to demonstrate that he or she can
completely and satisfactorily perform the job within the special probationary
period, the City shall return the employee to his or her former position
classification, or rank, without any loss of seniority, and this determination
may not be challenged under the grievance procedure. Any other
2
B
Page 4
employees who were transferred or promoted as a result of this employee's
transfer or promotion shall also be returned to their former positions, and
unless there is a layoff involved, the bumping procedure shall not apply.
3. Probation Extension.Any probationary period for police department
employees may be extended upon the request of the Police Chief as a result
of approved breaks in service to allow for the completion of twelve (12)
months of satisfactory performance in the employee's regular assignment.
C. Senioritv
In the case of lay off, bumping, and/or recall, there shall be no seniority among
probationary employees during the first twelve (L2) months following the
employee's hire date (excluding special probation as referred to in Section
3. 1. B.2). Upon the successful completion of the probationary period, the
employee shall acquire seniority credit, and their seniority shall be retroactive to
the date of employment, less any adjustments due to approved leaves of absence
without pay.
Section 3.2 - Seniority
A.For the purposes of this article, regular service shall be defined as regular full time
or regular part-time employment with the City of Kent. Seniority shall accrue at
an equal rate for regular part-time employees as for regular full time employees
based on years of regular service. Adjustments in seniority for leaves without pay
shall be made for each full calendar month or more.
For the purpose of vacation bids, seniority shall be defined as the employee's
length of regular service within their department, less any adjustments due to
tayoff, approved leaves of absence without pay (unless otherwise agreed to by the
Ciiy), periods of twenty-four (24) months or less between resignation and
reinitatement (according to Civil Service procedures, if applicable), or other
authorized breaks in service. Employees moved by the City to another department
as part of a reorganization shall retain their seniority from the previous
department,
For the purpose of shift bidding, reductions in force, recalls, and reductions in rank
or classification resulting from personnel reductions, seniority shall be defined as
the employee's length of regular service within their current rank or classification,
less any adjustments due to layoff, approved leaves of absence without pay (unless
otherwise Lgreed to by the City), periods of twenty-four (24) months or less
between resignation and reinstatement (according to Civil Service procedures, if
applicable), or other authorized breaks in service'
In the case of an employee who has had a reduction in rank or classification, the
employee's seniority shall include time spent in the higher AFSCME rank(s) or
classification(s). Seniority in the rank/classification shall include all time spent in
the current classification, that is currently represented by the AFSCME bargaining
unit, regardless of that classification's representation history.
B
c
Page 5
An employee in an acting capacity or on a job rotation shall continue to accrue
seniority in his/her regular rank/classification, not the acting or rotation
ra n k/classification.
D. For all other purposes, seniority shall be defined as the employee's length of
regular service with the City of Kent, less any adjustments due to layoff, approved
lejves of absence without pay (unless otherwise agreed to by the City), periods of
twenty-fou r Q$ months or less between resignation and reinstatement (according
to Civil Service procedures, if applicable), or other authorized breaks in service.
E. Seniority and the employment relationship shall be terminated when an employee:
resigns; is discharged for just cause; is absent for three (3) consecutive working
dayi without notifying the City unless there are extenuating circumstances beyond
the employee's control; is laid off and fails to report for work within three (3)
working days after having been recalled; does not report for work within forty-
eight (4S) nours after the termination of an authorized leave of absence, unless
there are extenuating circumstances beyond the employee's control; is laid off for
a period in excess of twenty-four (24) months; or retires or is retired'
F. Employees affected by reorganizations shall have the impacts on their seniority
identified in writing at the time of the reorganization.
G, Employees who accrue seniority in a union job classification that becomes
obsolete will retain that seniority in the union job classification to which they
were next assigned,
Section 3.3 - Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees within the City, the following basic
provisions shall apply:
A. It shall be the responsibility of the City to determine job classifications in which
layoffs are to occur. Such factors as nature of work performed and impact on
Department operations shall be weighed to determine areas where reductions can
be made.
Order of layoff shall be determined by job classification within the Department'
Employees with the least seniority in a classification, as defined in Section 3.2, will
be iaid off first. Where two or more employees share the same anniversary date
within a specific classification, seniority shall be based on the employee's length
of service as a regular employee within the bargaining unit. Where two or more
employees share the same anniversary date within a specific classification and
within the bargaining unit, seniority shall be based on the employee's length of
cumulative service within the City as a regular employee, For Civil Service
employees, if the above language does not net a result, Civil Service ranking shall
then apply. For non-Civil Service employees, if the above language does not net
a result, seniority shall be based on the employee's temporary hire date within the
City.
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c If an employee subject to layoff has more seniority than an employee in the same
classification within the bargaining unit or in a classification previously occupied
by the employee within the bargaining unit and meets the minimum qualifications
for the job, the more senior employee shall have the option of bumping the least
senior employee.
If an employee that gets laid off is full-time and there are regulaq part-time
employees in the same classification, the laid off employee may bump the least
senior full-time employee who in turn may bump the least senior regula4 part-
time employee. The intent is for the full-time laid off employee to bump the least
senior full-time employee before he or she bumps the least senior regulaq part-
time employee, Howeve4 a part-time employee with more seniority may bump an
employee with lesser seniority regardless of full-time status.
A regular, part-time employee shall be defined as any budgeted position that is
less than one hundred percent (100o/o) full-time status'
Job share is a unique agreement between two employees and shall be considered
full-time for the purpose of bumping. For job share employees, seniority shall be
based on the primary job share incumbent's seniority within the classification.
Therefore, the secondary employee in the job share shall not be afforded bumping
rights.
For purposes of bumping, an employee bumping to a lower compensated or
equivalently compensated AFSCME classification shall add their seniority in that
classification to any seniority in an equivalently compensated or higher
compensated AFSCME classification. Although seniority can accumulate from a
higher compensated AFSCME classification to a lower compensated AFSCME
classification or between two (2) equivalently compensated AFSCME classifications
following the line of progression, seniority cannot accumulate from a lower
compensated AFSCME classification to a higher compensated AFSCME
classification. It is understood that employees in non-AFSCME positions shall not
be entitled to bumping rights back into the bargaining unit regardless of that
employee's union representation history.
Employees choosing not to bump shall be considered laid off and afforded all
benefits and rights accordingly. Employees shall have three (3) working days
(Monday through Friday, excluding holidays) from receipt of written "Layoff Notice"
io select their bumping option, if they have any. Employees having bumping rights
due to a more senior employee's choice not to "bump" shall have three (3) days
from written notification of these bumping options to make their selection. An
employee whose bumping rights would be to a classification that no longer exists
due to a reclassification(s) or reorganization(s) shall have his or her bumping
access and seniority credit for such classifications determined at the time of the
reclassification(s) and/or reorganization(s) and documented in the employee's
personnel file. The determination shall be on a case-by-case basis and made by
Human Resources, Howeveq a discussion of the affected positions and the
reclassification/reorganization of that position will occur at a joint labor
management meeting.
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Employees bumping to a different classification in the same pay range shall remain
at the salary step occupied prior to the move and given credit for time served
within that salary step,
Employees bumping to a lower classification shall be compensated at the salary
range of the position they are transferred to. Placement within the salary range
shall be at the step closest but not lower than the employee's previous
compensation unless the previous salary exceeds the top step of the new pay
range, At which time, the employee shall be placed at the top step of the new pay
range. Their increment date shall not be changed'
Any employee bumping into a Civil Service position, must fulfill all the Civil Service
hiring requirements for that position.
No bargaining unit employee may be laid off if there are AFSCME temporary
employees in the same work unit (defined as all employees reporting to the lowest
non-AFSCME supervisor/manager). Any employee subject to layoff shall have the
right to bump into any temporary position working within the bargaining unit for
whictn they are qualified. An employee bumping into or being rehired per this
Subsection into a temporary position will assume the status of a temporary
employee without loss of recall rights,
No bargaining unit member may be laid off without being given thirty (30) calendar
days notice (notice shall include "Notice of Potential Layoff"). In the event the
Employer intends to cease the operation of the Corrections Facility, it shall provide
the Union and the employees such notice not less than six (6) months prior to
such change in operation.
Section 3.4 - Severance Pav
All non-probationary employees shall, in event of reduction in force, be paid at the time
of separation, a sum equal to twenty two (22) days pay, not to exceed 176 hours' Such
severance pay shall be in addition to any and all monies due the employee at the time of
separation, provided, however this section shall only apply to employees who are laid off
by the City. Employees bumping to another regular (non-temporary) position shall not be
eligible for severance pay. However, employees bumping and/or accepting temporary
employment within the City shall be eligible for severance pay. Voluntary termination
and other terminations not classified as layoff are excluded from the provisions of this
section.
Section 3.5 - Notification for Recall
All employees who have been laid off shall receive, via electronic mail, notification of all
job openings in the City of Kent. It shall be the laid off employee's responsibility to keep
lne City apprised of their current contact information, The employees shall receive such
notification for twenty-four (24) months from the date of lay-off or reduction. Refusal to
accept or acceptance of regular full-time (or regular part-time if the employee was laid
off from a regular part-time position) employment offered by the City of Kent during this
period in the classification occupied at the time of layoff, shall terminate the employee's
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notification right. Laid off employees may cease their notification and recall rights by
providing written notice to the Human Resources Department and the Union.
Section 3.6 - Recalls
Regular employees who have been laid off shall have recall rights for twenty-four (24)
ro-nthr to bargaining unit classifications in which they have earned seniority as defined
in Section 3.2-Seniqruy and Section 3.3 Personnel Reduction. During this twenty-four
(24) month period, recall rights shall be exercised before an AFSCME job opening may
be posted for recruitment. Employees shall be recalled in the order of seniority earned
in tnat classification as defined in Section 3.2 Senioritv and Section 3.3 Personnel
Reduction. Probationary employees shall be entitled to recall and will be required to
complete his/her remaining probationary period upon recall.
An employee bumping into or being rehired per this Section 3.3.H into a temporary
position will assume the status of a temporary employee without the loss of recall rights.
Furthermore, any laid off employee that refuses to accept a temporary position shall not
lose his or her recall rights. Employees hired back in a temporary status shall not have
the recall rights extended from the time that he or she has been terminated from the
temporary position. The twenty-four (24) month recall period shall remain in effectfrom
the employee's original layoff date.
All employees who have been laid off shall also have the right to apply and compete for
any vacancies posted for recruitment in the City. Employees applying for a position within
the bargaining unit which they have not previously held, and who meet the minimum
qualificJtions ior the job, shall be given preferential consideration over other applicants
outside the bargaining unit when the position is filled. Preferential consideration shall be
limited to tweniy-four (24) months. Refusal to accept or acceptance of regular full-time
(or regular part-time if the employee was laid off from a regular part-time position)
emptoymenl offered by the City of Kent during this period in the classification occupied
at tfre time of layoff, shall terminate the employee's recall right, Acceptance of a lower
compensated position within the bargaining unit shall not terminate the incumbent's
recall right,
If an employee is recalled to a classification in the pay range they occupied prior to the
layoff, the employee shall return to the salary step occupied prior to the layoff and given
credit for time spent within that salary step. The employee shall have three (3) working
days to either accept or refuse the recall position. Employees recalled to a lower
compensated classification shall be compensated at a salary range of the position they
are transferred to. Placement within the salary range shall be at the step closest but not
lower than the employee's previous compensation unless the previous salary exceeds the
top step of the new salary range. At which time, the employee shall be placed at the top
step of'the new pay range. The employee shall be given credit for time served within the
salary step. Employees recalled within the twenty-four (24) month period shall be
crediied with any leave amounts that were not cashed out at time of layoff'
Section 15.2.D shall apply to an employee who returns as a result of a recall within
twenty-four Qg months from a layoff to a higher compensated classification.
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Section 3.7 - Position Vacancies
When a job opening occurs within the bargaining unit, the City shall first post the job
announcement inteinally subject to the provisions below in order to establish a list and/or
pool of qualified applicants, except for Correction Officer vacancies, which shall be
administered through an external testing service (i.e. Public SafetyTesting). All qualified
regulari full-time and regular, part-time City employees, including those who were laid off
wilnin the previous 24 months, may apply and compete in the process (regardless of
union affiliation). Job announcements shall include notification of the City's intent to
establish an applicant list for the classification posted and shall be posted on the citywide
e-mail system. All job openings shall be open for a minimum of seven (7) working days'
Exceptions to the in-house posting may be agreed upon by the parties in Labor
Management.
The internal applicant pool shall be evaluated prior to extending the recruitment to
outside applicants. Those who do not pass the internal process will receive notification
through the applicant tracking system. The City may thereafter post the job opening to
outside applicants. In such cases, employees who applied through the in-house process
and meet minimum qualifications shall be allowed to compete in the external process.
Civil Service rules and regulations shall govern all Civil Service positions'
When the decision is made to open to recruitment externally, the hiring manager will
make every attempt to personally contact the internal applicants prior to the recruitment
being opened externally. If the hiring manager is unable to reach an internal applicant
befoie a recruitment goes external, the hiring manager will make personal notification as
soon as possible.
For non-civil service positions, upon completion of the recruitment and screening process,
the City may establish a non-ranked pool of qualified applicants. This pool may be utilized
for a period up to twelve (12) months for the classification. Such applicant pool shall be
estabiished by classification and may be utilized by multiple departments at the hiring
manager's discretion. Once an applicant pool has been established for a job classification
in accordance with the above procedure, the City is not required to reopen positions of
the same classification internally before accessing the applicant pool. When a qualified
applicant pool is being considered for a subsequent opening, a general notice of such will
be'sent to all city employees. In addition, the qualified candidates on the active pool
shall be notified in writing, via email, of the opportunity to contend for the position' If
the qualified applicant pool is not used, the City shall initiate the announcement process
with an internal announcement as required above'
When a regulaq part-time incumbent's position is authorized to become a regular; full-
time position, the opportunity shall first be offered to the incumbent employee.
Section 3.8 - Rehired Non-Civil Service Emplovees
The following section applies to any non-civil service employee who separates from
employment and returns within two years. Regular service shall be defined as regular
full-time or regular part-time employment with the City of Kent. Seniority shall accrue at
an equal rate ?or regular part-time employees as for regular full-time employees based
on years of regular service. Adjustments in seniority for leaves without pay shall be made
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for each full calendar month or more. Rehired employees will have their leave accrual and
longevity adjusted to give credit for their prior seniority before separation' Any sick leave
a rEhired employee had at the time of separation will be restored. A rehired employee
may select the medical plan enrolled in at separation, if available. Employees who
separated from the City, but were rehired within thirty (30) days of their separation date,
will have their seniority date restored.
ARTICLE 4 - HOURS OF WORK
Section 4.1 - Hours of Work
For the purpose of this Agreement, shift employees shall be defined as any position,that
requires niOding for a twenty-four (24) hour shift. Non-shift employees shall be defined
as lhose positions working a traditional schedule (5/8s, 4/t}s, 9/80s, etc') and are not
eligible for twenty-four (24) hour shift bidding.
A. Shift Employees: For Corrections Officers, Corrections Sergeants, Records
Supervisors, and Records Specialists, the normal work schedule for employees
covered by this agreement shall not exceed forty (40) hours of work in a seven
(7) consecutive dly period. The work week will commence at the beginning of
day shift on Sunday and end with completion of Saturday night's graveyard shift,
The normal work schedule for all Records Supervisors and Records Specialists shall
be designed with a minimum of a thirty (30) minute unpaid lunch period. The
normal work schedule for Corrections Officers and Corrections Sergeants shall
include a thirty (30) minute paid lunch period.
1. The employee's work schedule, which is a result of the shift bidding process,
shall be posted at least fourteen (14) calendar days prior to the beginning
of the applicable work period. Work schedules may be changed with
fourteen'(14) calendar days notice. Work schedules may be changed with
less than iourteen (14) calendar days notice by mutual agreement between
the emPloYee and management.
2. The work schedule shall be either five (5) consecutive workdays followed
by two (2) consecutive days off, or four (4) consecutive workdays followed
by three (-3) consecutive days off, except at shift rotation time, or a mutually
agreed upon alternative work schedule'
3. Scheduling changes may be made where there is an operating need. The
Union shall be given thirty (30) calendar days advance notice of any change
in the basic schedule (5-2 to 4-3 or 4-3 to 5-2), and of the schedule
determined for new assignments or positions, and the reasons necessitating
it, in order to discuss alternatives and impacts'
4. Employees must be scheduled with at least twenty-four Qa) hours between
the time each regular shift begins. If as a result of shift bidding, an
employee's schedule would not allow for at least twenty-four (24) hours
between the time each regular shift begins, the employee will be provided
an opportunity to take a day of leave or adjust their schedule for the first
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week of the new rotation only. Except as provided herein, the Police
Administration shall have the right to determine the work schedule.
5. Any employee covered in this section who is required to report back to work
between the end of their regular shift and the beginning of their next regular
shift shall be paid at the overtime rate for all hours worked between regular
shifts.
6. Daylight Savings - Employees who work graveyard shift during the fall will
be paid one hour at the overtime rate of time and one-half when the clocks
are moved back one hour. Employees who work graveyard shift during the
spring will be required to utilize one hour of annual or compensatory leave
when the clocks are moved forward one houti or be allowed to work the
additional hour to complete their normal shift hours.
7. Corrections Jail staff shift trade: Employees may trade shifts with other
employees of equal rank within the same work unit' Trades must be
completed within thirty (30) calendar days of each other. The trade shall
be relatively cost neutral to the City and be of minimal administrative
burden. For the purpose of this section, a work unit is defined as corrections
officers and sergeants that are assigned to jail staffing. The shift trade
must be voluntarily submitted by both employees and be pre-approved by
both employees'supervisor(s). The supervisor(s) shall have full discretion
to approve/deny the trade request.
Subsection 4,1.1 Rest Periods
The parties agree it is mutually beneficial to corrections sergeants, corrections
officers, evidence and records personnel for the safety and the quality of service
to provide at least eight (8) consecutive hours of rest between work shifts' To
ensure such, the parties agree to the following:
a. The City will make every effort when scheduling employees to provide at least
an eight (8) hour consecutive rest period between work shifts. If an employee
works overtime, call out, or is scheduled for training or another assignment
outside of their normally scheduled hours, the employee shall take time off on
paid administrative leave to allow for a continuous eight (8) hour rest period
between work shifts.
b. Employees shall not work assignments which would result in the employee
working more than seventeen (17) consecutive hours or intentionally stack
overtime for the purposes of effectively changing employee's regular work
schedule.,
c. This provision shall not apply during emergencies. Emergencies include, but
are not limited to natural disasters, riots, demonstrations and special events
which cannot be handled by call up of the next shift.
Non-Shift Employees: For regular; full-time employees not covered under Section
A above, the regular hours of work each day shall be consecutive except for lunch
periods. The normal work week shall be five (5) consecutive days of not more
ihan eight (8) hours per day, Monday through Friday, exclusive of lunch period,
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except where the work day or work week is different and is accepted as a condition
of employment when the employee is hired. Scheduling changes may be made
where there is an operating need.
1. The normal work week for regulaq part-time employees shall be up to eight
(8) hours per day and up to forty (40) hours per week, exclusive of lunch
periods.
Z. The employee shall be given at least fourteen (14) calendar days advance
notice of change in the employee's work schedule. Work schedules may be
changed with less than fourteen (14) calendar days notice by mutual
agreement between the employee and management. Change in schedule
shall be allowed with less than fourteen (14) calendar days notice by
employee and management, due to emergency operational need or when
the employee is placed on administrative paid leave and is needed for
interview(s) related to an investigation.
3. Any employee covered in this section who is required to report backto work
between the end of their regular shift and the beginning of their next regular
shift shall be paid at the overtime rate for all hours worked between regular
shifts.
Section 4.2 - Alternative Work Schedules
Alternative schedules, as agreed to by employer and Union, may be utilized. Examples
of alternative work schedules include, but are not limited to, flex time, 4/LO's,9/80's, 12-
hour shifts, and telecommuting. Any new type of alternative work schedule needs to be
reduced to writing and signed off by the City and the Union. The City reserves the right,
with fourteen (14) calendar days notice to the employee to revert back to the normal
schedule based on operating need and/or to manage the employees performance. The
employee may also, with fourteen (14) calendar days notice, revert back to the normal
schedule.
Section 4.3 - Meal and Rest Periods
All employees shall be granted a meal period of not less than one-half (L/2) hour nor
more than one (1) hour during each work shift. Occasional exceptions may be made by
mutual agreement between the supervisor and employee, as defined in Section 4.1
above.
Except in emergency situations, all employees will be granted one paid fifteen (15) minute
rest period during each one-half (I/2) shift, at the middle of each one-half (1/2) shift
whenever feasible. Emergency situations are defined as situations where injury to
persons, loss of life, and/or serious public or private property damage are possible. It is
management's responsibility to afford the employee the aforementioned breaks and it is
the employee's responsibility to take those breaks'
Employees whose work requires personal cleanup prior to leaving the Employer's
premises or job site shall be allowed necessary time for doing so prior to lunch and the
end of the shift.
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With mutual agreement, management and non-shift employees may agree to occasional
combination of the meal period and fifteen (15) minute rest period(s) that supersede the
requirements of WAC 296-L26-O92 (e.g.for the purposes of wellness activities or
personal appointments). This combination of rest period(s) shall not be allowed for the
purposes of early release from scheduled work day. This meal and rest period request is
not eligible for grievance.
ARTICLE 5 - OVERTIME. COMPENSATORY TIME AND CALL BACK
Section 5.1 - Overtime
The City reserves the right to determine whether overtime is necessary or should be
worked.
All regular full-time employees shall be paid at the rate of time and one-half their
rate of pay for all time compensated in excess of their normal forty (40) hour work
week, In computing overtime, rounding up to the nearest one-quarter (1/4) hour
shall be used. In addition, all regular full-time employees who work in excess of
their regular shift in any one (1) day exclusive of the lunch period shall be paid at
a rate of time and one-half.
Any regular part-time or job share employee who works in excess of forty (40)
hours in a work week, or eight (8) hours in a work day shall be paid at time and
one-half.
Mutually agreed alternative work schedules beyond eight (8) hour days shall be
paid at time and one half for all hours in excess of their regular shift.
Employees required to work on a sixth (6th) or seventh (7th) consecutive day within
the same work week shall be paid at the rate of time and one-half. However, if
the work on the 6th or 7th consecutive day is as a result of the employee's
alternative work schedule or is at the employee's voluntary request, and such
request is approved by the City, the City shall not be obligated to pay overtime
unless the employee has met the provisions in paragraphs A, B, or C above'
Additional hours shall be offered evenly to those employees who normally perform
the work within the same work unit.
Subsection 5.1.1 - Corrections Mandatory Overtime Assignment Process
The parties agree to work in partnership to find cost effective and sustainable ways to
reduce the need for overtime. When overtime is the only operational way to provide the
required public safety service of a fully operational jail, management reserves the right
to mandate overtime as needed. Volunteers will first be sought to cover overtime shift
assignments. When no volunteer is forthcoming, mandatory overtime to meet staffing
levels shall be assigned. This overtime will be filled by reverse seniority of the
employees on the preceding shift. Due to health and safety reasons, at no time shall an
employee work more than two (2) mandatory overtime shift assignments in one (1)
work week. If mandatory overtime must be assigned and the least senior employee
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A.
has already been mandated twice in that work week, the shift assignment will fall to the
next employee assigned to the preceding shift based on reverse seniority.
Section 5.2 - Call Back
Call back shall be defined as all time worked, whether scheduled or unscheduled
(to include voluntary overtime) in excess of a regular shift, which is not annexed
to either the beginning or end of the shift. Employees called back to work shall be
paid a minimum of three (3) hours at the overtime rate'
Regular part-time employees shall not be considered in call back status if the work
is voluntary and pre-scheduled.
This section may not apply to certain circumstances where an employee has a flex
schedule as identified in Section 4.2 Alternative Work Schedules.
Regular, full-time employees shall not be considered in call back status if the
additional work to be performed is scheduled to be annexed to the employee's
regular work shift. However, if the employee requests to work such additional
hours not annexed to his or her work shift, and such request is approved by the
City, the full-time employee shall only be paid for the actual overtime hours
worked.
Section 5.3 - Compensatory Time
Employees shall have the right to receive compensatory time at the same ratio as the
overtime rate in lieu of cash payment for overtime. Overtime worked which is to be paid
in whole or in part by grants, project funds, or reimbursements shall be paid as overtime
and shall not be eligible for compensatory time accrual when such funding or
reimbursement cannot be achieved if compensatory time is granted in lieu of overtime
pay.
The amount of compensatory time allowed to be accrued by bargaining unit members
shall be one hundred (100) hours. All hours accrued above one hundred (100) must be
paid unless special approval is received. The cash out will be included in the next
regularly scheduled paycheck.
Requrest for special approval will be filed with the division or department manager who
will then route to the Human Resources Director for final approval. In no event shall
accumulated compensatory time exceed 150 hours'
Employees who wish to take compensatory time off must receive pre-approval for such
leave use from management. The City will make reasonable efforts to accommodate
such compensatory leave requests unless it is determined that the operational
effectiveness of the City would be impaired by such action in accordance with the Fair
Labor Standards Act (F.L.S.A.). It is understood that "reasonable efforts" shall not include
canceling another employee's approved vacation leave in order to accommodate the
employee's compensatory leave request.
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Section 5.4 - Mandatory Standby
The City reserves the right to establish a mandatory standby program within defined work
units. Standby periods shall be determined by the City, Volunteers shall be sought before
mandatory assignments are made.
Employees placed on mandatory standby by the department director, or designee, shall
be required to carry a communication device (such as a phone or pager) provided by the
City and be able to respond to call back situations immediately without restrictions or
impairments.
Employees assigned to mandatory standby by the department directori or designee, shall
be compensated at $2.60 per hour. Standby pay shall commence upon the employee's
departure from work. Standby pay shall cease upon the employee's return to work for
his or her assigned shift.
Section 5.5 - Emeroency Response
A, Employees occupying emergency designated "essential positions" per City Policy
shall not be considered to be on call for that purpose'
B. Police Department personnel who are assigned pagers or cell phones shall carry
them at all times while on-duty and off-duty to provide a means for the department
to contact them in cases of emergency. Employees are not required to carry their
cell phones/pagers while on approved leave. Employees who choose to carry their
personal cell phones in lieu of pagers shall maintain text messaging capability on
their cell phones and keep the department informed of their cell phone
information. While off-duty, unless placed on standby, employees will not be
compensated for carrying their pagers/cell phones. Employees are only required
to respond to call backs in cases of emergency unless extenuating circumstances
prevent the response. Examples of emergency situations include, but are not
iimited to, natural disasters, riots, demonstrations, and events which cannot be
handled by call up of the next shift.
ARTICLE 6 - UNION ACTIVITIES
Section 6.1 - Attendance at Meetinqs
With prior notice, the City will grant employees who are designated Union
representatives reasonable time off, with pay, for meetings with City officials,
investigating grievances, grievance meetings, P.E.R.C. or arbitration hearings,
labor/management meetings, and contract negotiations. Meetings between the Local
Union repre-entatives and management will be held during regular working hours, if
possible.
The Union representative shall be allowed access at reasonable times to facilities of the
City wherein the employees covered under this Agreement may be working, Access shall
be granted for the purpose of conducting necessary Union business and investigating
grievances. The representative shall normally notify, except where exempted in writing
by the Human Resources Directori the appropriate City official (Department Director
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and/or Human Resources Director) prior to arriving on City premises for Union business.
In the event such prior notification cannot be given, and a written exemption has not
been provided as stated above, the Union representative will give such notice to the
Human Resources Director or appropriate Department or Division Director within ten (10)
minutes after his/her arrival at City facilities. Employees whose regular work schedule is
a swing shift or a night shift, may be allowed to adjust their work schedule with prior
supervisory approval for the purpose of attending Union meetings (limited to 12 meetings
per year). However, employees may elect to use either annual leave or compensatory
time, if available, for time spent attending Union meetings'
The Union shall be allowed sixty (60) minutes with new or rehired employees' to
discuss the Collective Bargaining Agreement, the Union, and any other related concerns
that the new employee may have. This meeting may occur either during the new hire
orientation or at a separately scheduled time on city premises.
Section 6.2 - Bulletin Boards
The City shall permit the reasonable use of bulletin boards and e-mail by the Union for
the posting of notices relating to Union business. Bulletin boards will be located in each
represented work area. Material posted thereon shall be the responsibility of the Union.
Shift personnel may receive Union notices in their City mailboxes'
Section 6.3 - Emptovee Uoholdino Union Princioles/Performinq Duties
The City agrees that the employees covered by this Agreement shall not be discharged
or discriminated against for upholding Union principles or for performing duties authorized
by the Union, as long as their activities do not interfere with normal work processes of
the City. The City agrees to meet with the Union to seek mutual resolution to concerns
so that employees shall not be required to cross the picket line of a strike sanctioned by
the King County Labor Council.
section 6.4 - union convention and conference Leave Bank
The City will allow the donation of annual leave to a Union Convention and Conference
Leave 6ank for use by members who have been duly elected to attend official union
conventions and conferences. Donations shall be accepted in whole hour increments.
The Union may solicit donations at any time, but the deadline for submission to the City
shall be September 30th of each year. Any donations made on or before September 30th
will be available for use on October 5th or earlier.
Once the donation is made, it will be converted at the donor's rate of pay at the time of
donation and maintained on a dollar basis. The cap of this leave bank shall be equivalent
of sixty-four (64) hours times the top Senior Financial Analyst base hourly pay as of
January 1.t of each year. Any unused balance in the Union Convention and Conference
Leave Bank shall be carried over from year to year and will not be subject to any wage
increases. If more donations are made than would be necessary to reach the maximum,
the donations shall be accepted on a first donated first accepted basis'
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The Union President, or designee, shall have the sole authority to approve use of the
Union Convention and Conference Leave Bank. Requests for time off under this section
shall be treated as annual leave and governed by Section 18.3-Scheduling Annual Leave'
ARTICLE 7 - GRIEVANCE PROCEDURE
Section 7.1 - Grievance or Disoute over Provisions of Aoreement
A procedure is hereby established as a means to resolve grievances. Grievance shall be
Oefined as a claim or dispute by an employee, group of employees or the Union with
respect to a violation of the express provisions of this Agreement. Both parties agree to
.a'ke every effort to promptly address issues which may give rise to grievances at the
lowest level possible.
Grievances processed through the grievance procedure shall be heard during normal
working hours, Monday through Friday, S:00 a.m. to 5:00 P.ffi., unless stipulated
otherwlse by the parties. Grievants and employee representatives involved in such
grievance meetings during their scheduled working hours shall be allowed to do so
without suffering a loss in PaY.
If a grievance is not presented by the employee or the Union within the time limits set
forth below, it shall be considered "waived" and may not be further pursued by lhe
employeeoitheUnion, Ifagrievanceisnotappealedtothenextstepwithinthespecified
time limit or any agreed extension thereof, it shall be considered settled on the basis of
the City's last answer; provided, that any agreement to extend the time period shall be
in writing, If the City does not answer a grievance or an appeal thereof within the
specified time limits, the aggrieved employee and/or the Union may elect to treat the
grievance denied at that step and the employee/Union may immediately appeal the
grievance to the next steP.
If the parties mutually agree in writing, the timelines set forth in this section for
processing of grievances will be put on hold for a mutually agreed upon period of time to
allow the parties to address the grievance in Labor/Management. If a resolution is not
agreed to, tne grievance process shall continue, Grievances shall be resolved in the
following manner.
Section 7.2 - Civil Service Aopeal
Actions subject to appeal through either this contract grievance procedure or pertinent
Civil Service appeal procedures must follow either the grievance procedure contained
herein or pertinent procedures regarding such appeals to the Civil Service Commission,
including applicable deadlines. Under no circumstances may an employee use both the
contract grievance procedure and Civil Service Commission procedures relative to the
same action. The Employer shall endeavor to accommodate the work schedule of
employees who are the subject of a Civil Service hearing or grievance arbitration,
provided that the Employer is not required to alter the schedule of any employee to make
this accommodation.
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Section 7.3 - Grievance Steps
Step 1
A grievance shall be reduced to writing and presented by the aggrieved employee and/or
niJ/her Union Steward/Representative to the employee's supervisor within fifteen (15)
working days of the alleged contract violationThe Step 1 grievance shall be presented to
the first supervisor in tlie employee's chain of command who is not represented under
this collective bargaining Agreement.
The supervisor should consult and/or arrange a meeting with the employee and/or Union
Steward/Representative as necessary to resolve the grievance. The parties agree to
make every'effort to settle the grievance at this stage promptly. The supervisor(s) shall
answer the grievance within ten (10) working days after receipt of the grievance.
Grievances regarding suspensions, demotions, or terminations may be presented at Step
2.
Step 1B (If Applicable)
For Civil Service employees, if the grievance is not resolved as provided above, it shall
be forwarded to the appropriate Division Commander by the aggrieved employee or Union
representative within ten (10) working days of receipt of the immediate supervisor's
answer to the grievance. The Division Commander shall answer the grievance within ten
(10) working days after receipt of the grievance'
Step 2
If not resolved above, the grievance shall be reduced to writing and submitted to the
Department Director by the iggrieved employee and/or the Union within ten (10) working
days following the completion of Step 1. The written grievance shall include a statement
of tne issue, the section(s) of the Agreement allegedly violated, facts of the case, and
remedy sought. A meeting shall be arranged within ten (10) working days with the City
and representatiues of the Union. Following that meeting the party responding to the
grievance shall give its written response within ten (10) working days of the completion
of the meeting.
Step 3
Grievances not settled to the satisfaction of the Union shall then be presented by the
Union directly to the Mayor or their designee within ten (10) working days of the Step 2_
response. The written grievance shall include a statement of the issue, the section(s) of
the Agreement allegedly violated, facts of the case, and remedy sought' A meeting shall
be arTanged within ten (10) working days between the City, the grievant and/or the
Union. ihe wayor or their designee shall then submit a decision, in writing, on the
grievance within ten (10) working days from the completion of the Step 3 meeting'
-opies of the decision shall be provided to the grievant and the Union'
Mediation:
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At the time the Union submits the grievance to the Mayor the Union or the aggrieved
employee or the Mayor or their designee may submit a written request for voluntary
mediation assistance to the other parties. If the parties agree to mediation a request for
mediation assistance will be sent to the Washington State Public Employment Relations
Commission (PERC). PERC will assign a mediator. The parties agree that no information
provided by or created by the mediator, whether written or verbal, nor any
recommendation of the mediator, shall be admissible in a future arbitration of the same
matter. The mediator will schedule the mediation conference with the parties and serve
as an impartial third party who will encourage and facilitate a resolution to the dispute.
The mediation conference will be confidential. If the parties agree to settle the mattel
the mediator will assist in drafting a settlement agreement for the parties to sign.
If the grievance is not resolved through mediation, the Step 4 meeting with the Mayor
shall be arranged within ten (10) working days of the decision to not settle the matter at
mediation. The Mayor or their designee shall then submit a decision, in writing on the
grievance within ten (10) working days from the completion of the Step 3 meeting.
Copies of the decision shall be provided to the grievant and the Union.
Step 4
In the event the decision reached by the Mayor or their designee is unsatisfactory to the
Union, the grievance may, within twenty (20) working days after the issuance of the
decision of the Mayor or their designee, be submitted to arbitration by filing a grievance
arbitration request with the Public Employment Relations Commission and serve that
request on the City. If the parties fail to mutually agree upon an arbitrator, a list of seven
(7) names shall be requested by the City from the Public Employment Relations
dommission. The parties shall alternately strike names, beginning with the respondent,
until one (1) name remains, that person shall serve as the arbitrator. If referred to
arbitration:
(1)
(2)
(3)
the arbitrator's decision shall be final and binding;
the arbitrator shall be empowered to render a decision based on
interpretation of the contract only, shall have no authority to decide issues
beyond the scope of this Agreement and shall not add or delete from the
provisions of this Agreement; and
ihe arbitrator shall render a decision within thirty (30) days after the
hearing has been concluded.
It is agreed that the expenses and fees of the Arbitrator shall be borne equally by the
City and the Union and each party shall bear the cost of presenting its own case.
Section 7.4 - Grievance Aqainst Union
The following procedure shall be observed if the City files a grievance against the Union
for an alleged violation of the contract.
Step 1
Page 20
The Mayor or their designated representative shall present the grievance to the Union
Staff Representative within ten (10) working days of occurrence. The Union shall attempt
to resolve the matter within twenty (20) working days of receipt.
Step 2
If the matter is not satisfactorily resolved at Step 1, the City may within twenty (20)
working days refer the matter to arbitration using the procedure outlined in Section 7.3
- Step 4.
ARTICLE 8 - DISCIPLINARY ACTION BY THE EMPLOYER
Section 8.1 - Disciplinarv Action
The City shall not discipline or discharge an employee without just cause. Employees
shall be given the opportunity to have a Union Representative present at meetings where
disciplinary proceedings will take place,
The City agrees with the principles of progressive discipline. Disciplinary action generally
includes the following progressive steps:
1. Oral reprimand, which shall be reduced to writing although not placed in
the employee's personnel record;
2. Written reprimand;
3. Suspension or demotion; and
4. Discharge.
Disciplinary action will be tailored to the nature and severity of the offense. Management
maintains the right to take disciplinary action as it deems appropriate.
Section 8.2 - Disciplinary/Personnel Records
Employee Personnel files are the responsibility of the Human Resources Department.
Except to the extent that disclosure is required by law and/or court orde4 employee
personnel files are confidential and shall be accessed only by the following individuals:
a) Employee;b) Employee'ssupervisor/departmentdirector;c) Human Resources staff;
d) An attorney representing the City of Kent in legal matters as approved by
the Human Resources Director; and
e) Employee's Union Representative upon written authorization from the
Employee. However, the employee's written authorization is not required
for the employee's Union Staff Representative to have access to the
employee's personnel records if such records are relevant to a pending
grievance or legal action between the City and the employee's union.
The Human Resources Director is designated guardian of the City's Personnel records and
bears the responsibility for lost files. Therefore, no Personnel file will be allowed to leave
the immediate area of the Human Resources Department without authorization of the
Page 21
Human Resources Director. All files will be allowed examination by an authorized
individual while in the presence of authorized Human Resources staff'
No materials shall be included in an Employee Personnel file without the knowledge of
the employee and the consent of the Human Resources Director, or designee. Employees
may submit letters or documents related to their employment to the Human Resources
Directo4 or designee, to be included in their personnel file. Rebuttals to performance
evaluations and disciplinary actions shall be attached and maintained in accordance with
the retention schedule for the document related to the specific employment action.
Documentation of disciplinary action shall be maintained in the employee's personnel file
in accordance with the following schedule, provided that exceptions to this schedule, for
earlier removal of documentation, may be approved by the Human Resources Director,
or designee; and provided further, that to the extent the below time periods conflict with
Washington's rules regarding records retention, Washington's rule shall prevail.
Written Reprimands: Upon written request of the employee, written
reprimands shall be purged from the employee's
personnel file after five (5) years from the date of the
reprimand, provided no other discipline has
subsequently occurred. Purged written reprimands will
be kept in an archived file to be maintained as required
by the State Archives and Records Management
Division.
Suspensions:Permanent record of the employee's personnel file
Demotions:Permanent record of the employee's personnel file.
At any time an employee's personnel file is subject to release, in whole or in part, to an
outside party, the City will notify Union Executive Board members five (5) business days
prior to such release.
Documents relating to counseling sessions should be destroyed once they are
incorporated into performance evaluations, and if not incorporated into the performance
evaluation, destroyed after the completion of the performance evaluation' All other
documents should be sent to Human Resources.
ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION
Section 9.1 - Work Stoopaoe Defined
The City and the Union agree that the public interest requires efficient and uninterrupted
performance of all City services and to this end pledge their best efforts to avoid or
eliminate any conduct contrary to this objective, Specifically, the Union shall not cause
or condone any work stoppag€, including any strike, slowdown, refusal to perform any
customarily assigned duties, sick leave absence which is not bona fide or other
interference with City functions by employees under this Agreement and should same
occur, the Union agrees to take appropriate steps to end such interference. Any concerted
Page 22
action by any employee in any bargaining unit shall be deemed a work stoppage if any
of the above activities have occurred.
It is agreed that all members of the bargaining unit shall perform all functions and duties
required by laws of the State of Washington and ordinances of the City of Kent'
Section 9.2 - Back to Work Order
Upon notification in writing by the City to the Union that any of its members are engaged
in a work stoppage, the Union shall immediately in writing, order such members to
immediately cease engaging in such work stoppage and provide the City with a copy of
such order.
The City agrees that it shall not initiate a lockout of bargaining unit employees.
Section 9.3 - Disciolinary Measures by Emplover
Any employee who commits any act prohibited in this Article may be subject to the
following penalties:
a) Oral reprimand;b) Written reprimand;
c) Suspension (notice to be given in writing) i and/or
d) Discharge.
It is understood that these penalties are not necessarily sequential. Disciplinary action
resulting from violation of this Article will be tailored to the nature and severity of the
offense.
ARTICLE 10 - DEPARTMENT WORK RULES
The City agrees to notify the affected employees in advance of changes in written
departmental operating procedures 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. Howeveq 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 Union in advance of making the proposed change. Nothing in this section
shall be construed to waive the Union's right to bargain any mandatory subject of
negotiations,
Internal investigations of Civil Service employees in the Police Department will be
conducted in accordance with the Police Department Internal Investigative Standards
outlined in Appendix B.
ARTICLE 11 - MANAGEMENT RIGHTS
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E
F
G
H
J.
K
L.
M
I
The Union recognizes that an area of responsibility must be reserved to management if
it is to function effectively. Unless specifically modified by sections of this Agreement,
management retains the exclusive right to:
A. plan, direct, control and determine all the operations and services of the City.
B. Establish the qualifications for employment and to employ employees'
C. Direct employees of the City in the performance of their official duties.
D. Evaluate, promote, transfer, assign, and retain employees in positions in the City'
Suspend, demote, discharge, or take other disciplinary action against such
employees for just cause.
Determine the management organization, the selection, retention, and promotion
for occupations not within the scope of this Agreement'
Schedule and assign work.
Establish work and productivity standards and, from time-to-time, to change those
standards.
Make, alter and enforce reasonable rules, regulations, orders and policies.
Determine the necessity and amount of overtime and assign such overtime'
Determine the use of technology, equipment, methods, means, facilities,
organization, and number of personnel by which departmental operations are to
be conducted.
Determine whether goods or services are made or purchased.
Take whatever actions may be necessary to carry out public safety and essential
city functions in emergency situations.
Maintain efficiency of government operations entrusted to management.
The above listing of specific management rights is not intended nor shall be considered
restrictive of, oras a waiver of any rights of the City not listed herein. Such inherent
management responsibilities shall remain exclusively with the City except as they may
be shared with the Union by specific provisions of this Agreement.
ARTICLE 12 - CONTRACTING WORK
The employer agrees not to contract-out bargaining unit work except under the following
cond itions:
A. The employer will notify the Union at least forty-five (45) calendar days, except in
cases of emergency, prior to contracting out bargaining unit work in order to
N
Page 24
B
determine if that work might be more efficiently done in-house. Upon request,
the employer agrees to meet with the Union.
Temporary agency employees (i.e. Kelly Services) may be utilized in accordance
with the provisions of Section 1.3 - Temporary Employees (criteria, timeframes).
The City shall notify the Local Union President of all temporary agency employees
performing bargaining unit work. This notification will be monthly to include name,
department, date of hire, temporary classification and hours worked.
ARTICLE 13 _ CML SERVICE AGENDAS/MINUTES
The City will send copies, via e-mail, of Civil Service agenda and minutes to the Union
until such time as the information contained therein is made available electronically and
through the City's intranet.
ARTICLE 14 - PAY PERIODS
The Employer shall pay all employees twice each month. The City shall pay all regular
employees on the fifth (5th) and twentieth (20th) of each month. In the event the fifth
(5th) or twentieth (20th) falls on Saturday, Sunday or holiday, the pay date shall be the
preceding non-holiday, business day. Any employee who is laid off or terminated shall
receive ill monies due him/her on the next scheduled payday (if possible) or the
subsequent payday if not sufficient time to process.
The City will make every effort to ensure that employees receive their payroll funds by
12:00 noon on the designated payday.
Employees will receive their pay by direct deposit or a pre-paid debit card. Concerning
employees who wish to participate in the direct deposit option offered by the City for
automatic deposit of paychecks to the banking institution of the employee's choice, it is
agreed that the timeliness of having funds available by 12:00 (noon) of any given payday
cin no longer be guaranteed by the City due to the possibility of unforeseen banking
computer system problems that may arise from time to time. Employees who participate
in this program do not have a 12:00 (noon) guarantee insofar as the banking transfer
network system is concerned. It is mutually understood that the City has no control of
the timeliness of funds being available once transmitted electronically. However, it is also
understood that normal paydays do occur on the 5th and the 20th of each month and that
the City makes every effort to initiate the electronic transfer of employee pay one (1)
business day prior to each payday to employee accounts'
ARTICLE 15 - WAGES. COMPENSATION AND LONGEVIW
Section 15.1 - Waqes
The salary schedule for positions in the bargaining unit shall be based on the increase as
follows for benefitted full-time, benefitted part-time, and benefitted temporary limited
term employees:
A. Effective January L,2O2O, all benefitted classifications set forth in Appendix "A" of
the bargaining unit shall receive a wage increase of 3o/o. In addition, there shall
Page 25
B
c
be a one (1) range increase for the following classifications: Parking Enforcement
Assistant, Code Enforcement Officeri Corrections Officet Corrections Sergeant,
Combination Building Inspector and Plans Examiner. There shall be a two (2) range
increase for Legal Secretary L
Effective January L,2O2I, all benefitted classifications set forth in Appendix "A" of
the bargaining unit shall receive 100o/o of the 2O2O Seattle-Bellevue-Everett June
CPI-W with a minimum of !o/o and a maximum of 4o/o. There shall be a two (2)
range increase for Legal Secretary I.
Effective January L,2022, all benefitted classifications set forth in Appendix "A" of
the bargaining unit shall receive 100o/o of the 2021 Seattle-Bellevue-Everett June
CPI-W with a minimum of 1o/o and a maximum of 4o/o.
Section 15.2 - Salarv Structure
D
The salary range for employees in Appendix A of this agreement shall consist of
five steps, A through E, with approximately five percent (5o/o) between each step.
New Hires. New employees hired into steps A through D will be eligible for a step
increase after successfully passing their twelve (12) month probationary period.
After the first step increase as stated above, the employee shall be eligible for step
increases after every twelve (12) months of service (less any authorized unpaid
leaves of absence), until the maximum step in the range is reached'
Transfers. For the purposes of this section, a transfer shall be considered as any
movement of an existing employee from one classification to an equally or lower
compensated classification. When employees are transferred, they shall be placed
in the salary step within the new salary range which is closest but not less than
their previous compensation nor greater than the top step of the new salary range.
If the top step of the new salary range is less than the employee's present
compensation level, the employee shall be placed at the top step of that new
range, Their increment date shall not be changed,
Promotions. For the purposes of this section, a promotion shall be considered any
movement from one classification to a higher compensated classification. When
employees are promoted, they shall be placed in the salary step within the new
salary range which represents a minimum of five percent (5olo) increase not to
exceed the maximum of the new pay range. If the top step of the new salary
range is less than five percent (5olo) increase over the employee's current
compensation level, the employee shall be placed at the top step of that new
range. Their increment date shall be adjusted accordingly to reflect the promotion.
Reclassifications. Employees reclassified to a higher salary range shall be placed
in the salary step within the new salary range which represents a minimum of at
least two and one-half percent (2 Vzo/o) annualized increase, howeve4 at no time
will the employee be paid above the maximum of the new pay range. If at any
time, the top step of the new salary range is less than two and one-half percent
(2 Vzo/o) increase over the employee's current compensation level, the employee
shall be placed at the top step of the new range. Their increment date shall be
A
B
c
E
Page 26
adjusted accordingly to reflect the reclassification. The determination of
appropriate step is subject to the discretion of the Department Director or
designee.
F. Step Increase. The effective date for all step increases shall be as follows
For employees hired on the first (1st) of the month through and including the
fifteenth (15th) of the month, the increase shall occur on the first day of the month
of the employee's hire date which becomes the employee's anniversary date for
purposes of step increases.
For employees hired on the sixteenth (16th) through and including the last day of
the month, the increase shall occur on the first day of the month that follows the
month of the employee's hire date which becomes the employee's anniversary
date for the purposes of step increases.
Section 15.3 - Job Descriptions and Reclassification Reouests
Job descriptions for all represented employees shall be maintained by the Human
Resources Department. All substantive, defined as all non-housekeeping, changes to job
descriptions shall be presented to the Union prior to any formal acceptance of the
changes. This does not confer upon the Union approval rights.
Employees may apply for reclassification if they can demonstrate that there have been
significant changes in their job, typically this means that the employee has added higher
level or new duties that accounts for fifty percent (50o/o) or more of the employee's
regular duties. Employees will be required to complete a position questionnaire. The
employee's supervisor and department director will also be required to complete a section
of the questionnaire. The questionnaire will then be forwarded to Human Resources for
an evaluation. The union will be copied on Human Resources'conclusion. If a wage
increase is warranted as a result of the reclassification process, such increase shall be
retroactive to the first day of the month following receipt of the completed and signed
questionnaire by Human Resources.
An employee, or supervisor, may appeal the findings of the Human Resources Department
by submitting a written appeal to the Chief Administrative Officerwithin ten (10) working
days of Human Resources written recommendations. The Chief Administrative Officer
will schedule an appeal meeting with the employee. The Chief Administrative Officer will
provide a written response to the employee within fifteen (15) working days from the
date of the appeal meeting.
Section 15.4 - Lonoevitv
The following longevity pay shall apply
After 5 consecutive years of service:
After 10 consecutive years of service:
After 15 consecutive years of service:
After 20 consecutive years of service:
lo/o of base pay
2o/o of base pay
3o/o of base pay
5o/o of base pay
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The longevity pay shall be calculated on the base wage of eligible employees; provided,
the base pay the employee receives as a result of an acting assignment in accordance
with Section 15.7 will be included in the calculation of longevity pay.
Section 15.5 - Educational Incentive Plan
For employees in the Corrections Officer and Corrections Sergeant classifications, an
Education Incentive Program shall be provided for qualified employees. Qualified
employees are those who have attained the education levels defined below. For
employees who qualify, educational levels will be compensated at the following rates:
Associate Bachelors
A. $60 per month $100 per month
Masters
B
c
$120 per month
Those employees who have attained a "Junior" status at an accredited university
or college will receive the same compensation as an employee with an AA degree.
In order to qualify for the compensation all of the credits earned must be
consolidated with one accredited university or college. It is the employee's
responsibility to provide proof of qualification.
Compensation will be provided based upon the highest educational level attained
and there shall be no pyramiding of educational degrees.
Section 15.6 - Shift Differential Pav (Police Supportl
A. Employees who are assigned to a regular workweek of five (5) consecutive days
on and two (2) consecutive days off or four (4) consecutive days on and three (3)
consecutive days off will receive shift differential pay as follows:
Employees who work shifts which normally commence after the hours of
11:00 a.m. or before 5:00 p.m, shall be considered swing shift personnel
and shall receive a differential pay of twenty cents ($.20) per hour above
the regular pay rate in effect for their respective job classifications.
Employees who work shifts which normally commence after the hour of
5:00 p.m. or before 6:00 a.m. shall be considered to be grave shift
employees and shall receive a differential pay of forty cents ($.40) per hour
above the regular pay rate in effect for their respective job classifications.
Agreement between the City and Union is predicated on the current shift
structure in effect at the signing date of this contract. Should the function
of the section of the Kent Police Department covered by this agreement
change substantially due to changes in equipment available, scheduling
requirements, etc., it is understood that differential pay rates will be re-
examined in light of such changes.
In cases where the employee is permanently assigned to swing or grave shift,
leave benefits will be paid at the differential rates, If an employee is only
1
2
3
B
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A
temporarily assigned to a swing or grave shift, they will be compensated at the
differential rate for only the hours worked.
Section 15.7 - Out of Class Pav
Regular Employee (Non-Civil Service) AFSCME to AFSCME Position
1. Any non-civil service employee who is temporarily assigned by their division
manager to perform at least fifty percent (50o/o) of the duties of a higher
paying AFSCME job classification during a time period consisting of no less
than one (1) full work week shall be eligible to receive acting pay.
The employee assigned to work in an AFSCME position of a higher
classification shall be placed at the step that represents a minimum of ten
percent (10olo) increase, not to exceed the maximum of the range. Payment
of acting pay shall be based on either an hourly rate or monthly rate based
upon the following criteria:
a. At the hourly equivalent (based on calculation used for overtime: monthly
salary/L73.33) of the higher classification if assignment is for a period of
time less than one (1) month; or
b. At the monthly equivalent of the higher classification if the assignment is
for a period of time greater than or equal to one month.
Regular Employee (Non-Civil Service) AFSCME to Non-Represented Position
Any bargaining unit employee who is temporarily assigned by their division
manager to perform at least fifty percent (50o/o) of a higher non-
represented position's duties, for a time period consisting no less than one
(1) full work week shall be eligible to receive acting pay.
The following is provided as a general guideline for acting pay
compensation. The decision for specific placement of compensation will be
at the discretion of the Department Director, with approval of the Human
Resources Director or Chief Administrative Officer. At no time will acting
pay exceed the top step of the salary range for the position being filled,
a. At One Month or Less: For acting pay assignments of one month or less,
compensation may be based on a ten percent (10o/o) base pay increase
above the employee's current salary level for the position being temporarily
filled.
b. Longer than One Month: For acting pay assignments of more than one
month to a maximum of one year (one year maximum can be extended
upon mutual agreement), compensation may be placed between A and E
salary level for the position being temporarily filled with a minimum of ten
percent (10olo) increase above the employee's base position salary.
B
1
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2
When an employee is assigned a Department Director's position duties,
acting pay may be placed within the higher salary range with a minimum of
ten percent (10%) increase above the employee's base position salary. The
Chief Administrative Officer or his/her designee must approve all
Department Director acting assignments and compensation.
During an acting assignment, Management Benefits shall not be included or
changed from that of the employee's base position. The employee's salary
review dates will also be maintained in accordance with the employee's base
position.
During an acting assignment the longevity pay due the acting employee will
be calculated on any increase in pay provided in accordance with this article'
Upon return of the incumbent to his/her base position, the temporary acting
pay will be discontinued immediately.
Employees are not obligated to accept acting assignments into a non-
AFSCME position.
Civil Service Employees
1. Corrections Officers and Sergeants - The City agrees to compensate
employees assigned by competent authority to positions of higher authority
and responsibility. Assignment shall be limited to the positions of
Corrections Sergeant and Corrections Commander. Assignment to
Corrections Commander shall be in accordance with Section 15'7(B)'
Employees must be assigned to Acting Corrections Sergeant for a minimum
of two (2) hours before additional compensation will be paid. During shift
overlap periods, Acting Corrections Sergeant will be appointed only if
neither shift has a Corrections Sergeant on duty, and then only one Acting
Sergeant will be appointed. In order to qualify to act as a Corrections
Sergeant, an officer must meet the minimum qualifications of the
Corrections Sergeant (24/12 months of service)'
2. Police Support Employees - The City agrees to compensate members of the
bargaining unit assigned by competent authority to positions of higher
authority and responsibility. Whenever an employee is assigned to a higher
classification as described above, the employee will be compensated at the
rate of the higher classification for all hours worked out of classification.
Police administration, or their designee, must make formal temporary
assignments to the position of higher classification before provisions of this
section apply: naming person placed in the temporary classification and
the length of time the employee will be in the temporary assignment.
Appointments to the position of Records Supervisor will be made whenever
the regular supervisor is absent provided:
a. There are two or more employees working;
b. There would normally be a supervisor working the affected shift; and
3
4
5
c
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D
D
A
B
c. The Support Services Manager or another member of the police
administration does not assume the responsibilities of the supervisor.
Longevity pay will be included in the calculation of the base hourly pay the
employee receives as a result of the acting assignment. Acting pay shall be
included in overtime calculations.
Acting pay assignments shall be communicated by the Department Director or
Division Manager to the affected employee.
Section 15.8 - Corrections Premium Pav/Assionment
Premium pay of five percent (5olo) above base wage shall be granted to employees
while they are actively functioning as Field Training Officers in the Corrections
Division of the Police Department,
Premium pay of three and one half percent (3.5olo) of base pay per month in
addition to regular pay shall be granted to uniformed corrections staff who are
assigned to the following:
Corrections Programs Sergeant
Corrections Programs Officer
Corrections Administrative Sergeant
Corrections Work Crew Coordinator
Corrections Administrative Officer
The base hourly pay the employee receives as a result of working in an acting
assignment in accordance with Section 15.7 will be included in the calculation of
premium pay.
Section 15.9 - Accreditation Pay
Corrections: The pay range levels provided in Appendix A for Corrections Officers and
Corrections Sergeants shall be increased by one percent (1olo) in recognition of the Kent
Correctional Facility's WASPC accreditation, and shall remain in effect while the Facility
retains its WASPC accreditation status.
Kent Police Department Civilian Positions: The pay range levels provided in Appendix A
for bargaining unit civilian positions assigned to the Kent Police Department shall be
increased by one percent (Lo/o) in recognition of the Police Department WASPC
accreditation, and shall remain in effect while the Police Department retains its WASPC
accreditation status.
The base hourly pay the employee receives as a result of an acting assignment in
accordance with Section 15.7 will be included in the calculation of accreditation pay.
Section 15.1O - Custodian Soecialty Pav /Assiqnment
The custodian assigned to the Senior Center will be paid a specialty pay of one (1) dollar
per hour for the expected oversight of work crew inmates. Participation in this program
1
2
3
4
5
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is voluntary and a custodian that does not want to be assigned to the Senior Center will
not be so assigned. The parties acknowledge that the work at the Senior Center requires
certain skills and abilities that may limit who is assigned to that area,
At six month intervals the City will evaluate custodial assignments. Custodians will be
asked to submit their top three areas of assignments. Management has the authority to
make the assignments taking into consideration the City's desire to have cross trained
custodians, custodian seniority, and employees' orders of preference.
Section 15.11 - Commute Trip Reduction (CTR)
The City shall provide a Commute Trip Reduction Program (CTR) for the employees in the
bargaining unit. The CTR program may include alternate work schedules, on-site carpool
and/or vanpool parking spaces, and secure bicycle parking'
Section 15.12 -Police Deoartment Recruitino Incentives
The following provisions apply to the Recruiting Incentive Program and applies to all
members of the Kent Police Department.
The purpose of these monetary incentives is to assist in the recruitment and hiring of
entry level and experienced police and corrections officers (i.e. lateral officers) into the
Department.
Police Administration shall continually examine the effectiveness of these incentive
programs.
The incentive program may be terminated or altered at the sole discretion of the Police
Chief, and such termination or alteration is considered a management right. Furthermore,
the below shall not set a precedent with regard to the amount, qualifications, and
structure of payout of this incentive, which is within the Police Chief's management right
to determine. This incentive program is for the sole purpose of attracting recruits to the
Kent Police Department, and shall not be utilized as a basis for seeking additional salary
for its members.
A. Officer Referral Incentive
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a
The Recruiting Incentive is $1,000 for an entry level corrections or police officer,
and g2,000 for a qualified lateral corrections or police officer, less all applicable
payroll taxes and deductions.
To qualify department personnel for the Recruiting Incentive, the corrections or
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 employee for the
Recruiting Incentive.
The following department personnel are not eligible to receive the Recruiting
Incentive: Any department employees who recruit a candidate from a Department
sanctioned event (i.e., job fair or PST testing event). Additionally, any department
employee who qualifies for a recruiting incentive will not conduct any portion of
the background process for the candidate referred.
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. Upon receipt of a completed and timely personnel change request form, the
eifective 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 change request is received after the payroll processing cut-off date, the
Recruiting Incentive will be processed for payment on the next following pay date.
Recruitment of current City of Kent Corrections Officers into the Corrections Officer-to-
Police Officer program are excluded from this Recruiting Incentive
B. Lateral Corrections Officer Hiring Incentive
1. The following qualifications must be met in order for a lateral recruit to qualify for the
incentive pay:
. At the time an offer of employment is extended, the recruit must be currently
employed or employed within the previous 24 months as a corrections officer with
a city, county or state law enforcement agency.. The recruit must meet the minimum requirements for admission to the
Equivalency Academy as described by the Washington State Criminal Justice
Training Center.o The recruit must have successfully completed FTO/PTO and successfully completed
probation with the candidate's most recent agency'
2. The total amount of the hiring incentive will be $5,000, less applicable taxes from the
Internal Revenue Service or other required deductions, and will be payable in two equal
installments. The first installment of $2,500 will be paid on the first pay period of the
recruit, and the second installment of $2,500 will be paid during the pay period following
successful completion of any probationary period. The second installment shall not be
issued to any lateral recruit who does not successfully complete the probationary period.
3. As a condition of acceptance of the first installment of the lateral incentive,
probationary lateral officers agree to repay the City the amount received ($2,500) if they
voluntarily separate from employment with the City within the probationary period.
r The lateral recruit that receives the incentive payment will sign an
acknowledgement that they understand they will repay the City under this
condition, that the City may use a lien against salary in order to obtain repayment,
and that if the debt is not collected in full, the remaining balance may be sent to
a third party collections agency'
o In cases in which the lateral recruit is not meeting the standards of the
probationary period and is allowed to voluntarily resign in lieu of termination,
management retains the right to determine if repayment is necessary.
4. The City may also offer as an incentive:
o A lump sum of sick leave hours.o A lump sum of paid leave hours, not to exceed forty (40) hours; if the employee
separates from employment prior to completing his or her probationary period,
the paid leave shall have no cash value. Once the employee passes probation, all
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remaining unused paid leave will be transferred to the employee's annual leave
bank.
Corrections Officers who relocate upon hiring to a residence closer to the City of
Kent may be allowed up to one thousand dollars ($1,000) in relocation expenses
per City policy through the City's receipt and reimbursement procedure.
Section 15.13 -Bilinqual Pay
The City recognizes the benefits of bilingual skills. The Department Director shall
determine:
1. The language(s) and level of language profiency to be eligible for bilingual pay;
2. The testing or methodology used to determine profiency; and
3. The number of bilingual employees (in each qualifying language) needed by the
department.
Employees eligible for bilingual pay, as approved by the Department Director, shall
receive one hundred dollars ($100) per month in recognition of their language skills.
Section 15.14 - Instructor Pav
The Police Chief shall designate staff to each instructor position. Employees designated
to instructor positions shall receive seventy-five dollars ($75.00) per month per position
in recognition of the training hours and/or certifications required to maintain instructor
eligibility. The following is the list of established instructor assignment positions:
1. Firearms;
2. Defensive Tactics;
3. Taser;
4. Pepperball; and
5. The WRAP
Instructor positions that will receive the incentive pay shall be identified and authorized
by the Chief, The identified instructor positions will be annually reviewed by the City
and AFSCME representatives to maintain the list. The Chief has the authority to add
instructor positions to the list with proper notification to the Union.
ARTICLE 16 - EMERGENCY CONDITIONS
In the event of a natural disasteri threat/act of terrorism, declared emergency or
inclement weather resulting in emergency conditions, the following provision shall apply:
Employees who are unable to travel safely to work or who request to leave before the
end of their shift and such request is approved by their supervisor/manager, shall be
required to use annual leave, compensatory time, or leave without pay to cover all hours
away from work.
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B
ARTICLE 17 - HOLIDAYS
Section 17.1 - Holidays Observed
A. The following holidays shall be paid holidays for all employees covered by this
Agreement.
New Year's Day 1st DaY of JanuarY
Martin Luther King's Birthday 3'd Monday of January
President's Day 3'd Monday of February
Memorial Day Last MondaY in MaY
Independence Day 4th DaY of JulY
Labor Day 1st MondaY in SePtember
Veteran's Day 1lth DaY of November
Thanksgiving Day 4th Thursday of November
Day After Thanksgiving Day after Thanksgiving
Christmas Day 25th DaY of December
Two (2) Personal Holidays Scheduled with Management Approval
Other holidays as proclaimed by the Mayor andlor City Council
Holidays Observed
Shift Personnel: For the purpose of this article, shift personnel shall be defined as
those who are required to work rotating shifts in 24-hour operations and those
whose regular work shifts include weekends. For these shift personnel, holidays
shall be observed on the actual holidays. However, Memorial Day shall be observed
on the last Monday in May as outlined above.
Non-Shift Personnel: For all non-shift personnel, except as provided in Section
L7.2.D.5, holidays shall be observed on the days outlined above. Howeve[ for
dates when the above holidays fall on Saturday, the preceding Friday will be
observed. When a holiday falls on Sunday, the following Monday will be observed'
Section 17.2 - Holidav Leave Bank
The following provisions of the holiday leave bank shall be applicable to all employees of
the bargaining unit.
Elioibility
1. To be eligible for holiday leave pay, an employee must be fully paid on the City's
payroll the work day preceding and the work day following an observed holiday
as specified in Section L7.1, An employee on leave without pay for any portion
of the scheduled work day preceding or following the holiday is not eligible for
holiday pay.
Z. New Hires: Employees working less than a full calendar year will receive such
holiday hours in a proportion equal to the number of holidays occurring during
the calendar year while the employee is working for the City on a regular basis'
Employees with a hire date before September 1't of each year shall receive two
A
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c
B.
(2) personal holidays. Employees with a hire date of September 1st and after
shall receive one (1) personal holiday. Personal holiday hours are eligible for
use beginning the date of hire. Termination: Employees terminating during the
year will be paid eight (8) hours for each holiday occurring up to the date of
termination (including their personal holidays, if eligible), minus all holiday
hours already withdrawn from the bank that year. Deductions, if any, will be
made from the employee's final paycheck.
Accruals
1. Reqular FullTime employees of the bargaining unit shall be entitled to 96 hours
of holiday pay during each year. The 96 hours shall be placed in a holiday bank
for each employee on January 1st of each yean
2. Reqular Part-time employees of the bargaining unit shall accrue holiday hours
based on their actual hours compensated and shall participate in the holiday
bank identified above on a prorated basis. Initial bank hours shall be
established based on budgeted hours and shall be adjusted to reflect
compensated hours on the following month'
3. In the rare case that New Year's Day occurs on a Saturday, the employee's
leave bank will no longer be adjusted. The employee will instead observe New
Year's Day on the following Monday. The employee shall still receive the normal
ninety-six (96) hours (or prorated amount) of leave placed in his or her holiday
leave bank.
Holidavs Not Worked
1. Employees who do not work on holidays as listed in Section 17.1 shall withdraw
either eight (8) hours or the equivalent of their normal work shifts from their
holiday banks to cover their holidays off. If the employees have exhausted their
holiday leave banks, they may draw from their vacation or compensatory time
banks to cover holiday time off,
2. Howeve4 if the holiday falls on a day the employee is regularly not scheduled
to work (normal day off), the employee will take the day off as scheduled, The
employee shall have full discretion as to whether to bank the holiday hours for
cash out or to reschedule the day off at another time. With management
approval, the employee may take the holiday off the day before or the day
after the holiday, or to take the holiday off at a later date in the above
withdrawal manner. The employee will submit a leave request form when
requesting to use a rescheduled holiday.
Holidavs Worked
1. All employees who work, with management approval, on the holidays listed in
Section 17.1 shall be compensated at the rate of one and one-half (I-L/2)
times the regular base pay for all hours worked. Howeveq employees who work
Thanksgiving or Christmas shall be compensated at the rate of two (2) times
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the regular base pay for all hours worked, There shall be no pyramiding of
overtime.
2. Full shift: Employees who, with management approval, work their full shift on
one of the holidays listed in Section t7.t shall be compensated at the
appropriate rate for all hours worked as specified above. They will not draw
from their holiday bank for the day worked.
All holiday hours not used will be banked for later use, with management
approval, or for cash out.
3. Partial shift: Employees who work, with management approval, part of their
shift on one of the holidays listed in Section 17.1 shall be compensated at the
appropriate rate for all hours worked as specified above. They shall also draw
from their holiday leave bank any hours needed to make up the full shift. Hours
not drawn to cover holiday time off will be banked for later use, with
management approval, or for cash out.
4. Corrections Officers and Records Personnel: Shifts which are eligible for holiday
compensation for hours worked are only those shifts which begin work within
the twenty-four (24) hour period considered to be holidays in Section 17.L.
Howeveq employees who work swing or grave shifts on Christmas Eve shall
also be compensated at the rate of time and one-half (I-I/2). Additional time
off at a later date shall not be provided to employees who work Christmas Eve.
5. Police Support Personnel: Employees whose normal work schedule would
ordinarily include Martin Luther King Day, President's Day and/or Veteran's Day
shall be given the option of working their regular shift on said Holiday(s).
Employees who elect to work the holiday must notify Police Administration in
writing at least fourteen (14) calendar days before the holiday of their intent
to work.
In addition, these employees may submit a written request at least fourteen
(14) calendar days in advance to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, or
Christmas Day. Such request must be pre-approved by management prior to
the employee being able to work on such holiday(s).
6. Corrections Soecialty Assiqnment Personnel: Employees whose normal work
schedule would ordinarily include a holiday shall be given the option of working
the regular shift on said holiday with the exception of Thanksgiving and
Christmas. Management may require employees to work Thanksgiving and
Christmas based on operating needs.
7. Corrections Officers: If the decision is made to go to minimum staffing on a
designated holiday, the least senior employee on the affected shift will be
required to take the holiday off if no other employee on that shift volunteers.
E. Holidav Use Restrictions
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1. It shall be understood between the parties that schedules shall not be adjusted
in order to avoid overtime compensation or to allow employees to pool hours
in their holiday bank.
2. It is also understood that holiday hours may only be withdrawn for purposes
of receiving compensation for holidays on which the employee does not work,
including time taken pursuant to Section 17.2(C).
3. Further, employees may not schedule holiday(s) off prior to having earned the
holiday(s) as defined in Section 17,2.A.1 - Eliqibility. In essence, although the
holiday hours for the year are placed in the employee's leave bank at the
beginning of the year, employees may not schedule to take a holiday day(s) off
except to make up for a holiday day(s) previously worked. Employees may,
howeve4 use supplemental hours from a holiday not yet earned if it is
necessary in order for an employee to have a full "day" off,
F. Cash Out
1. Employees must submit their written holiday leave cash out requests no later
than November 20th of each year. As of November 20th of each year, employees
may reserve up to fifty (50) holiday leave hours in addition to any pre-approved
holiday leave hours. All holiday leave hours above that amount will be cashed
out by the City on the December 5th paycheck.
2. Any remaining holiday leave hours will be carried over to the next year.
ARTICLE 18 - ANNUAL LEAVE
Section 18.1 - Annual Leave Accrual
Regular full time bargaining unit members shall receive annual leave benefits in
accordance with the following schedule:
COMPLETION OF:
1 year
2-4 years
5 years
6-7 years
8-9 years
10 years
LL-14 years
15th year
16-19 years
20-22 years
23-25 years
25+ years
ANNUAL
VACATION HOURS
96 hours
104 hours
120 hours
128 hours
136 hours
144 hours
152 hours
168 hours
176 hours
184 hours
192 hours
198 hours
MONTHLY
VACATION HOURS
8 hours
8,67 hours
10 hours
L0.67 hours
11.33 hours
12 hours
12.67 hours
14 hours
L4.67 hours
15.33 hours
16 hours
16.5 hours
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Regular part-time bargaining unit members'annual leave accrual shall be pro-rated based
onlhe regular full time schedule in accordance with the percent of full time compensated'
At no time will such accrual exceed the full time rates above.
Section 18.2 - Maximum Leave Accrual
Employees can maintain 240 hours of annual leave. Employees may exceed the 240 hour
threshold during a calendar year, but shall be at or below this limit as of December 31 of
each year. Compensatory and Holiday accumulation and use are considered separate
from annual leave accrual and use. The City will allow scheduling of annual leave so as
to maximize the opportunity for employees to utilize annual leave so they may comply
with the 240 hour accrual limit. Employees may request a carryover of annual leave hours
in excess of the 240 hours maximum by submitting a written request to the Human
Resources Director stating the extenuating circumstances under which such request is
made. Carryover requests shall be reviewed and approved on a case-by-case basis'
Section 18.3 - Schedulinq Annual Leave
Annual leave shall be granted to the employees at the time of the employees' choosing
provided the departmental work schedule would not be adversely affected.
A. Non-Civil Service
Annual leave schedule conflicts over three (3) months in advance shall be
governed by seniority. If the same conflict over the same leave time occurs in a
following year, the less senior employee shall receive the leave. A conflict shall be
defined as the same individuals requesting the same dates (based on holidays or
events) in two consecutive years. Annual leave scheduling of less than three (3)
months notice shall be on a first come basis. Barring extenuating circumstances,
written leave requests from employees shall be responded to with an approval or
denial within ten (10) working days. The ten (10) working days shall include the
day in which the approving manager/designee receives the request,
B. Civil Service
If two or more employees request annual leave for the same dates, and it is not
feasible to allow those employees to take leave during the same period, then
preference shall be granted on the basis of seniority, provided the employees
submitted their requests between January 1 and January 31 of the affected year.
Requests submitted after January 31 will be recognized by date and not subject to
seniority. Requests submitted prior to January 1 will be superseded by those
requests which are submitted between January 1 and January 31.
Annual leave scheduling for personnel shall not be contingent upon leave
scheduling for personnel from other bargaining units.
ARTICLE 19 - SICK LEAVE
Section 19.1 - Sick Leave Accrual
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Regular full-time employees will accrue eight (8) hours of sick leave for each continuous
month of service.
Regular part-time employees' sick leave accrual will be pro-rated based upon the total
hours compensated each month. At no time will such accrual exceed the full time rate
above.
Sick leave is accrued according to completed months of continuous service with the City'
This is calculated from the date of employment (hire date) or rehire, whichever is later.
Sick leave must be accrued before it can be used. The maximum number of accumulated
sick leave hours that may be carried over to a subsequent year is 1,040. All accrued sick
leave above I,O4O hours as of December 31st of each year shall be deleted.
Section 19.2 - Use of Sick Leave
Accumulated sick leave credits may be used for the following purposes only:
A. Illness or injury of an employee. This includes leave taken for treatment through
the Employee Assistance Program.
B. Illness or injury of a member of the employee's immediate family, as defined in
Article 2L, or as provided by either State or Federal law.
C, Death in family/funeral leave. Sick leave may be used to cover time away from
work as a result of a death in the employee's immediate family or to attend a
funeral, as set forth in Article 2l of this agreement.
D. Medical or dental appointments for the employee or a member of the employee's
immediate family, as defined in Article 21, which cannot be scheduled at times
other than during working hours.
E. Disability of the employee due to pregnancy and/or childbirth'
F. As otherwise provided for by State or Federal law including Family Medical Leave
Act ("FMLA") qualified serious health conditions of the employee, which prevents
the employee from performing the essential functions of their position.
Section 19.3 - Promot Notification
Employees incapacitated by illness or injury shall notify their immediate supervisor within
one (1) hour of their scheduled starting time, barring extenuating circumstances. Police
Department employees assigned to shift work who are incapacitated by illness or injury
shall notify an on-duty supervisor in their unit at least one (1) hour before the start of
their shift. If there is no supervisor working, the employee shall advise an on-duty co-
worker in their unit. Failure to do so may result in loss of paid sick leave for that day.
During periods of extended illness, employees shall keep their supervisors informed as
to their progress and potential date of return to work'
Section 19.4 - Sick Leave Abuse
Abuse of sick leave shall be grounds for discipline. An employee's ability to work regularly
and as scheduled is a requirement for continued employment. The City has the right to
take corrective action to deal with abuse of sick leave.
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Section 19.5 - Conditions Not Covered
Employees shall not be eligible for sick leave when:
A. Suspended or on leave without pay and when laid off or on other non-pay status;
B. Off work on a holiday unless regularly scheduled to work the holidaYi or
C. While on vacation, unless the employee submits a doctor's certification of illness
or injury of the employee or an immediate family member, The certification must
state the full nature of the illness or injury'
Section 19.6 - Phvsician's Statement
Employees who are absent four (4) or more consecutive days due to illness or injury may
be required by their supervisor/managen upon returning to work, to submit a statement
from a physician stating the reason for the absence. This physician statement shall be
submitted to the Human Resources Department, which will then provide necessary
coordination with or information to the employee's supervisor/manager'
This section is not intended to require physician's statements for all absences of four (4)
days or more.
A physician's statement may also be required by a supervisor/manager for absences less
than four (4) consecutive days where sick leave abuse is suspected and has been
previously discussed with the employee and the employee has received written
documentation of the discussion.
Section 19.7 - Wellness Prooram
The City agrees to maintain a wellness program to educate and encourage healthy
lifestyles among bargaining unit members and allow participation during normal working
hours where such participation does not adversely affect the operation of the department'
Section 19.8 - Sick Leave Incentive Prooram
In order to provide an incentive for using sick leave only as necessary, members of the
unit shall be entitled to incentive pay for maintaining their sick leave balance at the
following levels:
Sick Leave Hours
o-239
240 - 479
480 - 7r9
720 - 959
960 - 1039
t,O4O (at year end)
Amount of Cash Incentive
No incentive
8 hours base pay
16 hours base pay
24 hours base pay
32 hours base pay
40 hours base pay
Incentive pay will be granted in January of the following year. Employees will have cash
incentive added to their paycheck. For purposes of determining eligibility to receive
incentive pay an employee must have maintained the 240+, 480+, 720+, or 960+ hour
Page 4t
accrual for the entire preceding calendar year, For the top tier; employees must have a
final balance of L,O4O on December 31st of the preceding calendar year. If an employee
falls below one of the designated accrual levels they will not be eligible for the
corresponding incentive Pay.
Section 19.9 - Lioht Duty
In the event an employee becomes sick or disabled and cannot perform the major
functions of their current position, the employer may allow the AFSCME member to return
to work in a light duty status. Light duty will be offered to all employees in a fair and
equitable manner.
A. On-the-Job Injurv
1. A light duty status job may be assigned so as to permit the employee to continue
working within the Department in a duty capacity that the employee is physically
capable of performing in accordance with the conditions set forth by the
employee's attending physician while continuing to be paid at the employee's
normal rate of salary,2. Such assignment is contingent upon the medical prognosis of full physical recovery
from the employee's disability within a reasonable period of time.
3. Light duty status shall not exceed six (6) months without adequate documentation
from the injured worker's attending physician. Consideration of an extension shall
be based upon the medical prognosis of the employee being able to return to full
employment in a reasonable period of time thereafter in accordance with the
advice of a physician retained by the employer.
4. A request for light duty status will be submitted in writing or via email by the
employee to the Superintendent/Manager or from the employer to the employee.
5. The City reserves the right to have a City appointed physician determine the extent
of an employee's disability, ability to perform light duty, and/or ability to return to
full duty,6. Employee refusal of a light duty work assignment will be handled in accordance
with applicable Labor & Industries protocol, which may result in discontinuation of
time loss payments.
B, Off-Duty Illness or Iniury-Reasonable Accommodations
In accordance with the American with Disabilities Act (ADA), a reasonable
accommodation, in the form of temporary light duty, may be considered when an
employee is, by reason of an ADA accepted physical or mental disability, temporarily
unable to perform the essential functions of his or her position'
1. In the event that light duty is determined to be a reasonable accommodation, the
light duty accommodation shall be defined in a light duty short term position
description written to expressly reflect the duties to be temporarily performed by
the employee with a disabilitY.
2. From time to time, the employee's physical or mental condition and newly assigned
light duties may be reevaluated by the City in accordance with the ADA.
3. Light duty status under this section shall generally not exceed six (6) months;
provided, a longer light duty period may be considered if there is a medical
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prognosis that the employee will be permitted to return to full employment in a
reasonable period of time and such an extension of light duty is determined by the
City to be reasonable in accordance with the ADA. In accordance with the ADA,
the City may require a second opinion of the employee's condition and prognosis
by a physician retained by the City.
4. Nothing in this section shall be interpreted to require the City to provide benefits
or accommodations above and beyond those required by the ADA.
Section 19.10 - Corrections Officer On-Dutv Iniurv Leave Provision
Corrections Officers and Sergeants injured on-duty and qualified for "Worker's
Compensation" time loss shall have their salary at the time of injury maintained for
a period not to exceed three (3) months. This shall be accomplished through a
combination of "Worker's Compensation" time loss payments and the balance
supplemented by the City. During this three-month workers compensation
supplemental pay period, the employee shall continue to accrue annual leave and
sick leave benefits. The three (3) months worker's compensation supplemental pay
by the City shall be interpreted as three (3) months per consecutive time loss
period (unless an exception is granted by the Human Resources Director), or three
(3) months of supplemental pay per qualifying injury/illness, whichever is less.
Interpretations of and/or exceptions to the three (3) 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
concurrent. However, if the employee is unable to return to work within three (3)
consecutive months from the beginning of the first time loss claim due to treatment
for 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 three (3) months per consecutive time loss period to three (3) months
per injury. Such may be granted only if the employee has:
1. 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 frame if
the extension is required due to reasons beyond the employee's control
and if such is approved by the City's Risk Management staff.
2. 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) three (3) month period
of worker's compensation supplemental pay per injury/illness (per worker's
compensation claim).
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If the employee is unable to return to duty at the end of the three-month
supplemental pay period, the provisions of RCW 51 and City PolicY 6.2 (or any
revisions thereof) shall aPP|Y.
During the employee's entire worker's compensation disability period, the City shall
continue to provide insurance benefits as outlined in Article 18 as long as the
employee is still an active employee with the City. The employee shall be responsible
for their portion of these benefit premiums.
ARTICLE 20 - JURY DUTY AND COURT APPEARANCES
Section 2O.1 - Jury Dutv and Court Apoearances
Leaves of absence will be granted to those who are compelled to attend court as a result
of their employment with the City (unless the employee is litigating with the City) or
being called to serve jury duty. Those employees who are subpoenaed as independent
witnesses for cases in which they are not a party in the action will also be granted leave
of absence. Eligible employees will be compensated by the City during their period of
service. Employees who are required to appear in court for personal matters are not
eligible under this article and must request annual leave or leave without pay' Full time
employees will receive full compensation while on approved leave for their period of
services. Part-time employees with benefits on approved leave will receive compensation
for hours they would have "normally" worked.
Upon receiving the sum paid for jury service, or witness fee, the employee shall submit
the warrant, or its equivalent to the City for City compensated court leave. Compensation
received for such service during hours normally worked must be assigned to the City of
Kent.
Section 2O,2 - Job-Related Court Appearance
In the event that job-related court appearances are required, the City shall attempt,
wherever possible, to schedule such appearances during an employee's regular duty shift,
rather than on furlough days. The City will make every effort to notify employees who
are placed on a potential witness list.
Such appearances outside of the regular duty schedule shall be compensated for as
follows:
Shift Other than Grave
Employees will receive pay at the overtime rate for court appearance time outside
of regular duty hours, provided, howeve4 each employee required to report for
court appearances shall receive a minimum of three (3) hours pay at the overtime
rate, for separate court appearances in accordance with Section C below. Court
appearances which are consecutively annexed to the beginning or end of an
employee's regular duty shift shall be treated as regular overtime.
B. Grave Shift
A
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D
Employees who are assigned to the "grave" shift will receive pay at the overtime
rate for court appearance time outside of regular duty hours, provided, however,
each employee required to report for court appearances following their regular
duty shift shall receive a minimum of four (4) hours pay at the overtime rate, for
separate court appearances in accordance with Section C below. Court
appearances which are consecutively annexed to the beginning or end of an
employee's regular duty shift shall be treated as regular overtime and shall not be
subject to the provisions of (A) and (B) above.
C. Pvramiding
Pyramiding of court appearances is prohibited. There will be a maximum of one
(1) minimum guarantee in the morning and one (1) minimum guarantee in the
afternoon, Continuance of a morning appearance into the afternoon shall not
constitute a separate court appearance.
Standbv Time for Court APPearance
Employees who are required by the court or the City to "standby" for possible court
appearance, while off duty or on furlough days off, will receive one (1) hour
compensation at the regular time rate for each two (2) hours or portion of assigned
standby time. Standby time must be pre-authorized and logged by the City and
have a starting time and ending time.
ARTICLE 21 - BEREAVEMENT LEAVE
Section 21.1 - Use of Bereavement Leave
Members of the bargaining unit are eligible to receive three (3) days bereavement leave
with pay for death of an immediate family member, For purposes of making necessary
arrangements, etc., said days are not required to be consecutive'
Members of the bargaining unit may be eligible to receive up to one (1) day of paid
bereavement leave to attend the funeral service(s) for a co-worker. Employees must
receive their supervisor's approval prior to attending such funeral service(s) to ensure
the operations of the City shall not be interrupted. For a former co-worker's funeral
service(s), refer to Section 2L.3 for leave use for a close friend.
Section 21.2 - Immediate Family
Immediate family shall be defined the following:
1. Employee's legal spouse or significant other
2. State-registered domestic partner, as defined by RCW 26'60'030
3. Parents (step and in-laws also)
4. Siblings (step and in-laws also)
5. Children (step and foster also)
6. Grandparents (in-laws also)
7. Grandchildren (step also)
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Other members or non-members of the employee's family could be considered immediate
family as a result of special circumstances (example an aunt or uncle with whom an
employee lived, where such a person could have been regarded as a substitute parent).
An employee must ask for an exception ruling in order to receive bereavement leave for
persons ciassified in this category. Such request must be submitted to and approved by
the Human Resources Director; or designee, and must explain the relationship of the
person(s) involved, either as family or non-family member(s)'
Section 21.3 - Use of Sick Leave to Suoplement Bereavement Leave
In the event that the time required for immediate family bereavement leave is in excess
of the allowed leave, sick leave may be taken. A maximum of twenty (20) days sick leave
may be granted by the department director or Human Resources Director for this
purpose, not to exceed the balance in the employee's sick leave bank. Distance, travel
time or other factors will be considered to determine the number of days to be granted.
Members of the bargaining unit may use up to one (1) day of sick leave for the time
needed to attend the funeral for death of aunts, uncles, nieces, nephews, cousins and
close friends.
If additional time is needed other available leave may be utilized (compensatory time or
vacation) subject to approval of the department director or Human Resources Director'
ARTICLE 22 - PENSION
Pension for employees and contributions will be governed by Washington State Statute,
however this shall not limit improvements to the retirement benefits by the City and/or
the State of Washington.
ARTICLE 23 . WORKERS'COMPENSATION PROGRAM
Employees injured on-duty and who qualify for workers' compensation shall be entitled
to such benefits through the City's self-funded program as determined by statute. The
City will continue medical/dental, life, and LTD insurance contributions on behalf of the
injured employee and dependents, if applicable, in an amount not to exceed the City's
pre-injury contribution level.
ARTICLE 24 - INSURANCE
Section 24,1 - Medical/Dental/Vision Plans
Coverage will be available for all regular full time and regular part-time employees (30+
hours per week, or grandfathered employees working 21+ hours per week and 20+ hours
per week for job shares) and their eligible dependents.
The plan(s) offered are:
Option 1
Self-insured $15 co-pay medical plan administered by Premera Blue Cross
Self-insured dental plan administered by Delta Dental of Washington
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Self-insured vision plan administered by VSP
Option 2
HMO medical plan through Kaiser Permanente
Self-insured dental plan administered by Delta Dental of Washington
Self-insured vision plan administered by VSP
Option 3
Self-insured 8O/2O medical plan administered by Premera Blue Cross
Self-insured dental plan administered by Delta Dental of Washington
Self-insured vision plan administered by VSP
Option 4
Self-insured High Deductible Health Plan (HDHP) administered by Premera Blue
Cross linked with an employee Health Savings Account (HSA)
Self-insured dental plan administered by Delta Dental of Washington
Self-insured vision plan administered by VSP
Employees who are not in or have not selected Option 1 ($15 Co-Pay plan) following the
close of the open enrollment period for 2OL4, or those hired after December 3L, 2QL3,
will not be able to select option 1 ($15 Co-Pay plan). However, during the life of the
contract the parties may agree to alter the City's $15 Co-Pay plan to avoid excise tax
requirements of the Patient Protection and Affordable Care Act. Should the parties agree
on a different health plan for this purpose, employees will be able to elect the revised
health plan (Revised "Optiol I"), in addition to option 2,3, or 4'
Health Savings Account (HSA)
The Health Savings Account is available to employees enrolled in Option 4 (HDHP) and
eligible to contribute to an HSA. Effective L/t/2020, the City will contribute $1,500
(front loaded) to an eligible employee's HSA. The front-loaded amount will be paid no
later than the January 2OtF' payroll check.
The City reserves the right to change carriers/administrators based upon comparable
benefits and cost-effectiveness of such a change'
Section 24.2 - Emplovee Contribution-Medical/Dental/Vision Coveraqe
Eligible employees shall have the option to insure dependents under plans offered,
subject to the terms and conditions imposed by the carrier'
Employees shall pay the following premiums based on the option selected:
Option 1
Employees shall pay six percent (60lo) of the employee portion and fourteen percent
(L4o/o) of the dependent(s) portion of the health care insurance premium.
Option 2
Employees shall pay six percent (60lo) of the employee portion and fourteen percent
(I4o/o) of the dependent(s) portion of the health care insurance premium.
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Option 3
Employees shall pay nothing for the employee portion and two percent (2o/o) of the
dependent(s) portion of the health care insurance premium.
Option 4
Employees shall pay nothing for the employee portion and nothing for the dependent(s)
portion of the health care insurance premium.
If for any reason Teamster employees pay a lower cumulative employee and dependent
premium than outlined above, all members of this bargaining unit shall be covered by
the lower cumulative employee and dependent premium schedule'
Section 24.3 - Retirement Health Savinos
If the Union establishes a Retirement Health Savings program in compliance with IRS
regulations the city agrees to administer the payroll deductions and assist in the
administration of the plan.
Section 24.4 - Health Care Committee
The Union will designate representative(s) to participate in a Health Care Committee, one
of which will be the Union's Staff Representative or designee, for the purpose of
negotiating health care plans and plan design. The parties recognize that there will be
representation and participation by all Unions on the Committee'
The City agrees to provide the Union at least two (2) weeks in advance of the meeting
an agenda outlining the topics which will be discussed'
The parties agree this committee shall not have the ability to alter the collective
bargaining agreement or change health and welfare plan costs and/or plan design without
a vote of the membership.
Section 24.5 - Life Insurance
The City shall pay the entire premium of double indemnity life insurance coverage for
each eligible employee in the bargaining unit. The City will determine the manner in which
insurance coverage is secured. 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
925,000, Imputed income applies to employer paid group life insurance coverage above
$50,000 per current Internal Revenue Service publication'
Section 24.6 - Lono Term Disability Insurance (LTD)
The City shall pay the entire premium of a long term disability plan for each eligible
employee in the bargaining unit. Employees currently self-paying their premium shall be
grandfathered with that right. Any employee currently self-paying who subsequently
ihooses to have the premium paid by the City, shall not have the right to revert to a self-
pay status. The LTD plan shall provide for coverage with a 90 day elimination period,
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which pays at 66.670/o of the monthly pay, subject to the provisions stated in the plan
document. The City will determine the manner in which insurance coverage is secured.
ARTICLE 25 - EDUCATION. SEMINARS AND CONFERENCES
Section 25.1 - Reimbursement for Traininq Seminars/Conferences
Employees will be granted reasonable amounts of time off and full financial
reimbursement for attending training programs/seminars/conferences whenever such
training is work related and attendance has prior approval of the City.
Employees who conduct authorized, official City business or participate in conferences as
official representatives of the City while outside the City shall be reimbursed for
authorized expenses and paid their regular wages for participation'
Section 25.2 - Special Licenses and Certificates
The employer shall pay the applicable fees for obtaining or renewing special licenses or
certificates, if such is required, or to be maintained as a condition of employment with
the City.
No employee shall suffer a loss due to time needed during the work day to obtain special
licenses or certificates, required as a condition of employment with the City of Kent.
However, employees shall not be compensated for time spent studying for such licenses
or certifications.
Section 25.3 - Education - General
The City recognizes the need to encourage and promote educational opportunities for
employees, subject to budgetary limitations. The City will reimburse personnel for costs
incurred in receiving approved education upon satisfactory completion of such education.
Approved education shall be defined as training and/or education that relates to the
employee's current position, or education and training that supports the employee's
professional growth toward a potential future position within the employee's career path.
Nothing in this section shall be interpreted as a guarantee that the costs of training and/or
education will be paid or reimbursed, in whole or in part, by the City. Reimbursement for
course work and/or a degree program must be preapproved by the employee's
department director, the Human Resources Director, and the Chief Administrative Officer.
Eligible costs include:
1. Tuition and class registration;
2. Books; and
3. Associated fees (i,e., lab fees, parking fees, materials).
If an employee is attending an accredited State institution, the employee shall be
reimbursed based upon that institution's tuition schedule. If an employee is attending a
non-State supported institution, the employee shall be reimbursed on the basis of the
University of Washington tuition schedule.
Page 49
Section 25.4 - Reimbursement Requests
The employee must submit a written request to the Department Head. The request
should include:
1. Course list and content;
2. Reason for taking the course and its relatedness to Department business; and
3. Appropriate cost.
Once the education reimbursement request is approved by the Department Head, the
cost will be included in the budget, subject to budget mandates. Once approved by the
Department Head, the department will make a good faith effort to have the budget
approved by the Council. Interim changes shall be considered by the Department Head
and acted on only if budget is available.
Section 25.5 - Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or other
training organizations must do so during their off-hours. If the job related courses are
not offered during off-hours, an employee may be granted time off with pay while
attending such courses. In special cases, subject to departmental approval, an irregular
work schedule may be arranged in order for an employee to attend courses that are not
offered during off-hours. Hours spent by an employee while attending class or studying
for such class during off-hours will not be considered compensable hours.
Section 25.6 - Reimbursement for Education/Trainino
If reimbursement is available through outside grant funds, or any other potential source,
then reimbursement shall be through that source. (G.I. benefits and student loans shall
not be considered outside funds for purposes of this section')
Upon completion of approved training, the employee must prepare a request for
reimbursement itemizing actual expenses incurred and including a copy of the training
authorities' certificate of completion or grade report'
Paid receipts for training costs must accompany the request for reimbursement' The City
will reimburse the employee for only those costs that have been approved and for which
paid receipts are attached to the reimbursement request'
Employees requesting reimbursement must submit the request, with documentation,
within thirty (30) calendar days following successful completion of the approved
course(s). Requests not received within thirty (30) days will not be considered for
reimbursement, unless good cause is shown.
As a condition of the reimbursement, an employee who accepts an education/training
reimbursement agrees to repay the City the amount of the reimbursement received if he
or she voluntarily separates employment from the City within twenty-four Qa) months
after completion of the course(s) for which reimbursement is received.
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To qualify for training and education reimbursements, the employee must be in good
standing unless the training or education is a requirement of the employee's corrective
action plan, This means the employee cannot be under current discipline. "Current
discipline" shall be interpreted as three (3) years for a written reprimand, and five (5)
years for a suspension or demotion. The timeline shall apply from the date of the
discipline. If the preapproved course(s) have commenced prior to the disciplinary action,
such course(s) will continue to be honored by the City for reimbursement if the employee
successfully completes the course(s), Pre-approved course(s) which have not
commenced will be reevaluated if the employee receives discipline of a written reprimand
or greater.
ARTICLE 26 - LABOR MANAGEMENT MEETINGS
The City and the Union agree that a need exists for cooperation between labor and
management. To accomplish this end, the City and the Union agree that Labor-
Management meetings shall be conducted for that purpose. Said meetings shall occur as
needed and agreed to by both parties for the purpose of discussing and facilitating the
resolution of problems which may arise between the parties other than those for which
another procedure is provided by law or by other provisions of this Agreement, Meetings
may be suspended by agreement of both parties.
ARTICLE 27 - HEALTH AND SAFEW
Section 27.1 - Workino Conditions
All work shall be done in a competent and professional manneri and in accordance with
State, Federal and City Safety Codes and with ordinances and rules relating to this
subject.
It shall not be considered a violation of this Agreement if any employee refuses to work
with unsafe equipment, or when the facilities and services are not being maintained in a
reasonably sanitary condition, If an employee has justifiable reason to believe that
his/her safety and health are in danger due to an alleged unsafe working condition, or
alleged unsafe equipment, he/she shall inform his/her manager who shall have the
responsibility to determine what action, if any, should be taken, including whether or not
the job should be shut down.
A grievance involving an alleged violation of this Article may be submitted directly to Step
2 of the grievance procedure and a grievance hearing shall be promptly scheduled.
Section 27.2 - Uniforms and Safetv Gear
Uniforms
The City shall provide uniforms, at no cost to the employee, or a uniform
allowance, for those employees who are required to wear them as part of their
employment as follows:
A
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Code Enforcement Officers and Inspectors: The City will provide three (3) jackets,
or two (2) jackets and one (1) pair of coveralls for work purposes, to be replaced
every three years, or sooner as determined necessary by the Manager.
Corrections Officers and Sergeants: The City will provide uniforms, and alterations,
and will continue to be provided per department practice prior to the signing of
this contract, The maintenance and cleaning of such uniforms shall be the
responsibility of the employee.
Community Education Coordinator and Parking Enforcement Assistant: The City
will provide three (3) pair of pants and three (3) uniform shirts (altered as
necessary). The maintenance and cleaning of such uniforms shall be the
responsibility of the employee,
Police Records Specialists and Police Records Supervisors: The City shall provide
an annual uniform allowance on the February 5th paycheck for employees in
Records Specialist and Records Supervisor positions in Police in the amount of
g450, less applicable taxes as required by the US Internal Revenue Service.
Timekeepers shall process uniform allowance requests for eligible employees by
the January 30tn deadline or for eligible new hires throughout the year New Police
Records employees eligible for the uniform allowance will be provided a $450'00
start-up uniform allowance (in the employee's first paycheck). Each employee
shall be provided only one (1) uniform allowance during the employee's
probationary period. On the employee's first anniversary, they shall receive a pro-
rated portion of the allowance. The pro-rated portion shall be figured on the
number of pay periods between their anniversary date (consistent with the process
used for step increases) and the end of January of the following year. For example:
an employee hired on July 16, 2OL7, will receive $450 in their first paycheck and
then be eligible for $225 on July t6, 201-8 (12 payperiods @ $L8.75/payperiod);
the employee shall then be paid the full amount on the February 5,20L9 paycheck'
The maintenance, alteration, and cleaning of such uniforms shall be the
responsibility of the employee,
Custodians, Custodial Leads, and Custodial Supervisori: The City shall provide an
annual uniforms allowance on the February 5th paycheck in the amount of
9450.00, less applicable taxes as required by the US Internal Revenue Services.
Timekeepers shall process uniform allowance requests for eligible employees by
the January 30th deadline or for eligible new hires throughout the year. On the
employee's first anniversary, they shall receive a pro-rated portion of the
allowance. The pro-rated portion shall be figured on the number of pay periods
between their anniversary date (consistent with the process used for step
increases) and the end of January of the following year. For example: an employee
hired on July 16, 20L7, will receive $450 in their first paycheck and then be eligible
for $225 on July 16, 2OI8 (12 payperiods @ $I8.75/payperiod); the employee
shall then be paid the full amount on the February 5, 2OL9 paycheck. Employees
will be expected to launder and maintain their own uniforms on their own time'
Employees will be allotted two hours per year, on city time, to purchase their
uniforms. No overtime shall be incurred as a result of employees purchasing
uniforms. The city will determine the uniform options available and will provide a
listing of all approved uniform options to include a listing of approved vendors.
Page 52
Approved uniforms will include, but may not be limited to: Carhartt pants, non-
insulated Carhartt overalls, insulated Carhartt overalls/coveralls, blue work pants,
t-shirts, tech-shirts, polo shirts, industrial shirts, and hooded sweatshirts. The
City will provide two (2) high-image jackets, or similar quality, and one (1) parka
to be replaced every three years, or sooner as determined necessary by the
Manager.
Employees must be properly attired in accordance with city policy and reasonable
rules regarding safety.
Prior to the expiration of the city's current uniform contract with Cintas, the city
and union agree to meet to discuss possible changes to the uniform allowance;
such changes may include more city provided uniforms and a corresponding
reduction in the amount of annual uniform allowance paid to employees.
No employee shall receive more than the specified annual uniform allowance in
any given calendar year. A calendar year is defined as January - December'
B. Safety Boots
Employees in positions that require wearing W.I.S.H.A. approved safety boots will be
reimbursed for up to two (2) pairs of safety boots per year and two (2) pair of insoles per
year; not to exceed $200.00 + tax for each pair of safety boots/insoles.
C. Safetv Gear
The City will provide the following safety and foul weather gear for those positions
requiring such gear pursuant to City, State, or Federal standards:
Hard Hats
Rubber Boots
Rain Gear
Safety Glasses
Reflective Vests
Hearing Protection
In addition to the outlined equipment set forth above, the City agrees to provide at the
City's expense at least the minimum safety equipment required under W.I.S'H'A. for
affected employees.
Section 27.3 - Miscellaneous Provisions
The City shall pay the auto insurance deductible, if any, incurred by an employee who is
involved in an automobile accident while driving his/her personal automobile on City
business, where such accident is not the fault of the employee and the employee is not
cited.
ARTICLE 28 - NON.DISCRIMINATION
Page 53
The City and the Union agree not to discriminate against any employee for exercising his
or her legal rights to oiganize and bargain collectively under the Public Employees
Collective Bargiining Act (R.C.W. Chapter 41.56). The City and the Union further agree
they shall not discriminate against, or grant preferential treatment to, any employee
because of membership or non-membership in the Union, or other employee
organization, race, colo4 creed, religion, age, ethnicity, national origin, sex, sexual
orientation, marital status, honorably discharged veteran or military status, the presence
of any physical, mental, or sensory disability, the use of a trained dog guide or service
animal by'a person with a disability, unless based on bona fide occupational qualifications'
Furthermore, it is mutually agreed that there shall be no discrimination based on
applicable State or Federal laws.
It is mutually agreed that there shall be no sexual harassment. Employees who feel they
have been discriminated against or sexually harassed shall be encouraged to use the
grievance procedure set forth under this Agreement, as well as, appropriate City policies
ind procedures regarding Sexual Harassment and Harassment and Discrimination.
ARTICLE 29 - MILITARY LEAVE
Any employee who is a member of the Washington National Guard, a Federal Military
Reserve unit, or any branch of the U.S. military shall be granted paid military leave and
benefits as required by Federal and State laws and in accordance with City Policy. An
employee who is a quaiifying family member of a service member of the military shall be
granted leave benefits as required by Federal and State laws and in accordance with City
Policy.
paid military leave of absence days shall be determined on the basis of the number of
working days the employee is absent from work. Employees working a non-traditional
schedule shall continue such schedule during the period of leave. Military leave shall be
in addition to any vacation or compensatory time to which the employee might otherwise
be entitled, and shall not involve any loss of efficiency rating, privileges (including those
provided by the Uniformed Services Employment and Reemployment Rights Acts
(USERRA)), PaY, or senioritY.
During the period of military leave, the employee shall be compensated, for each day of
paiO mititary leave granted, an amount not to exceed the equivalent compensation earned
by that employee over their work period'
ARTICLE 30 - PRIORIW OF STATE AND CITY LAWS/SAVINGS CLAUSE
It is understood and agreed by and between the parties that in negotiations and collective
bargaining and in the administration of all matters covered by this Agreement, the parties
hereto and the City employees are governed by the provisions of applicable Federal laws,
State laws, and City Ordinances. If there is a conflict between any provision of this
Agreement and Federal and State law, the appropriate law shall prevail'
If any article of the Agreement or any addendum hereto should be held invalid by
operation of law, including any amendment to the Fair Labor Standards Act (F.L.S'A'), or
by any tribunal
'of
competent jurisdiction, or if compliance with or enforcement of any
article should be restrained by such tribunal, the remainder of the Agreement and
Page 54
addendum 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 31 - TOBBACCO FREE WORKPLACE
The parties agree to abide by the City policy on Smoking and Tobacco Use, policy #7.3,
in order to protect and promote the health of employees, and maintain a safe and healthy
work environment.
ADTrfr E et - ^l aatttatl tFlD FrE trac rN TL|E rrtatDtaDl ^l^E
Section 32.1 - Druq Free Workplace
The City and Union agree that the City of Kent shall be a drug free work place (including
work sites outside the City limits). The use of alcohol and/or illegal drugs during working
hours, or reporting for work under the influence of either is strictly prohibited and grounds
for disciplinary action,
It is expected that an employee will seek appropriate medical help for alcoholism, and/or
chemical dependency through the Employee Assistance Program.
Section 32.2 - Druo and Alcohol Testino
All members of the bargaining unit shall comply with City Policy #2.25 - Substance
Abuse, subject to the provisions of this Collective Bargaining Agreement and specifically
the provisions of this Article. Random testing, howeveq shall only apply to those
employees required to carry a commercial driver's license (CDL) as a condition of
employment.
Section 32.3 - Informino Emplovees About Druq and Alcohol Testinq
All employees shall be fully informed of this drug and alcohol testing policy. Employees
will be provided with information concerning the impact of the use of alcohol and drugs
on job performance. In addition, the City shall inform the employees on how the tests
are conducted, what the tests can determine and the consequence of testing positive for
drug use. No employee shall be tested before this information is provided to him/her.
Employees who voluntarily come forward and ask for assistance to deal with a drug or
alcohol problem shall not be disciplined by the City.
The City encourages employees to seek treatment for drug and alcohol abuse voluntarily.
To encourage employees to do so, the City makes available the Employee Assistance
Program (E,A.P.). Any employee who notifies the City of alcohol or chemical abuse
problems will be given assistance offered to employees with any other illness. As with
other illnesses, the City may grant sick leave, vacation leave or leaves of absence without
pay for treatment and rehabilitation of drug and alcohol abuse'
Any decision to voluntarily seek help through the Employee Assistance Program, or
privately, will not interfere with an employee's continued employment or eligibility for
Page 55
promotional opportunities. Information regarding an employee's participation in the
Employee Assistance Program will be maintained in confidence'
Section 32.4 - Emoloyee Testinq
Unless otherwise required by federal law, employees shall not be subject to random urine
testing or blood testing or other similar or related tests for the purpose of discovering
possible drug or alcohol abuse. If the City has reasonable suspicion to believe an
employee's work performance is impaired due to drug or alcohol use, the City may require
the employee to undergo a drug and/or alcohol test consistent with the conditions set
forth in this article
Reasonable suspicion for the purposes of this article is defined as follows: the City's
determination that reasonable suspicion exists shall be based on specific articulated
observations concerning the appearance, behavior, speech or body odors of an employee
and shall include, as a minimum, a written report documenting objective, measurable
changes in the employee's work performance due to unauthorized drug or alcohol use by
two (2) observers who have adequate opportunity to observe these changes.
Section 32.5 - Alcohol Testino
A breathalyzer or similar equipment shall be used to screen for alcohol use, and if positive,
shall be confirmed by a blood alcohol test performed by a qualified laboratory. This
screening test shall be performed by an individual properly qualified to perform the tests
utilizing appropriate equipment, An initial positive alcohol level shall be 0.04 grams per
210 L. of breath. If initial testing results are negative (below 0.04 grams per 210 L. of
breath), testing shall be discontinued, all samples destroyed and records of the testing
expunged from the employee's files. Only specimens identified as positive on the initial
test shall be confirmed using a blood alcohol level. A positive blood alcohol level shall be
0.04 grams per 100 ml of blood. If confirmatory testing results are negative (below 0.04
gram- per 100 ml of blood), all samples shall be destroyed and records of testing
expunged from the employee's files.
Section 32.6 - Testinq Prooram Costs
The City shall pay for all costs involving City required 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 32.7 - Rehabilitation Prooram
Any employee who tests positive 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 for one (1) year following
completion of a rehabilitation program.
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An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who enter the program on their own shall not be subject by the City to random
re-testing. Employees will be allowed to use their accrued and earned leave for the
necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if
the employee requires additional counseling and/or treatment. The employee may be
solely responsible for any costs, not covered by medical benefits/insurance, which arise
from this additional counseling or treatment.
Section 32.8 - Duty Assionment After Treatment
If the duty assignment for an employee is modified or changed as a result of a
rehabilitation program, then after an employee successfully completes his/her
rehabilitation program, the employee shall be returned to the regular duty assignment
held prior to the rehabilitation program. Once treatment and follow-up care is completed,
and one (1) year has passed with no further violations of this article, the employee's
personnel and medical files shall be purged of any reference to his/her drug problem or
alcohol problem.
Section 32.9 - Rioht of Appeal
The employee has the right to challenge the result of the drug or alcohol test and any
discipline imposed in the same manner that he/she may grieve any other City action.
Section 32.1O - Union 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 Union
shall be held harmless for the violation of any worker rights arising from the
administration of the drug and alcohol testing program,
ARTICLE 33 - JOB ROTATION
The City may fill temporary vacancies, which occur and are determined by the City to be
appropriate for job rotation, at the same or higher level classification based on the duties
and responsibilities assigned by the City to the job rotation position. The City may, at its
discretion, post for and fill the job rotation position with any regular employee(s) of the
City. If a non-represented employee or an employee from another bargaining unit is
selected to fill the vacancy, the City and concerning unions will work out the details of
the employee's representation status while filling the job rotation position. Non-
represented employees performing union work and union employees performing non-
represented work, under this article, will not constitute cause for a unit clarification.
The employee(s) filling the job rotation position shall be compensated at the step in the
salary range for the job rotation position as posted, which represents a minimum of five
percent (5olo) increase from the employee's base position salary, not to exceed the
Page 57
maximum of the job rotation position's salary range. Such compensation shall begin at
the commencement of the job rotation.
The employee selected for job rotation shall be notified of the expected start date and
termination date of such rotation including any changes thereof. The job rotation must
be approved by the coming and going department directors. Either one of the department
directors or the employee may terminate the job rotation prior to the termination date
with at least two (2) weeks notice to all parties, unless a shorter notification period is
mutually agreed to by the concerning parties.
AFSCME bargaining unit employees selected for job rotation into a position outside the
bargaining unit shall continue to be considered part of the bargaining unit (based on their
regular position remaining in the bargaining unit). Seniority shall continue to accrue in
the employee's regular position and shall not accrue in the position they are rotating into.
Employees in a job rotation shall have full and complete right to their regular position at
any time up to and including the date of the end of the job rotation.
ARTICLE 34 - JOB SHARE
Job share is a form of work in which two people share the responsibilities of one full time
position. Job share eligibility is determined by the Department Director and Human
Resources Director at the request of the incumbent employee. The job share team is
comprised of the primary employee (the incumbent who held the full time position before
the job share arrangement was approved) and the secondary employee (the person
selected to fill the remaining portion of the position). Alljob share opportunities shall be
posted and filled in accordance with Article 3, Section 3.7 - Position Vacancies, Job share
applicants must possess the required skills, knowledge, and ability, as well as the
education and experience requirements reflected in the position description.
Both salary and benefits of the shared position shall be pro-rated based on hours of work.
Benefits may be divided unequally in accordance with the employees'request and upon
the approval of the Human Resources Director and the Union. Job shares are intended to
be relatively cost neutral as compared to one employee holding the position. Scheduling
of the job share workweek shall be left to the discretion of the immediate supervisor and
job share employees. However, approval of any work schedule and/or schedule changes
must be granted by the Department Director, or designee. Alljob share agreements shall
be reduced to writing and signed by the City and the Union.
Job share employees of 50o/o or more of the position shall be eligible for health care
benefits and job share employees of less than 50%o shall not be eligible for health care
benefits. Job share situations involving two employees eligible for health care benefits
shall have the health care benefits shared. The basis for this sharing of health care
benefits shall be on a total benefit cost for insuring a full family. The corresponding dollar
amount shall be split between the employees, based on a mutually agreeable division,
and used individually for each employee's selected health care premiums. Job share
employees shall be considered regular part-time employees for all reasons not specifically
addressed in this Article,
Page 58
The first three months of the job share shall be considered an evaluation period in which
the Department Director, or designee, and job share partners shall evaluate the job share
arrangement. Any of the parties may terminate the job share arrangement during this
evaluation period, In the event the job share is terminated during the evaluation period,
the employee who does not fill the full time position shall have bumping/reversion rights
to their previously held position immediately prior to the job share arrangement in
accordance with Article 3, Section 3.3 - Personnel Reduction of this Agreement, if that
previous position was represented by AFSCME at the time the employee accepted the job
share assignment.
After the evaluation period, job share arrangements may be terminated at any time at
the request of the Department Director, or designee, or either employee. In the event
the job share arrangement is terminated, either as a result of a decision outlined above
or by one of the employees leaving the position or the City, the primary employee shall
have first right of refusal to resume full time status. If the primary employee decides not
to resume full time, the secondary employee shall have the right to fill the full time
position. Whichever employee does not fill the full time position shall be considered laid
off and shall be afforded all rights of the Layoff provisions except bumping rights. All
layoff rights shall not apply to an employee who terminates the Job Share arrangement
by separating from City employment.
ARTICLE 35 - VOLUNTEERS. INTERNS, AND SUPPORTED EMPLOYMENT
PROGRAMS
The City and the Union recognize that volunteer; intern and/or supported employment
programs (including corrections' work crews and the Communities in Schools program)
can provide a sense of inclusion, community involvement and require a commitment of
time and service. To that end, the City is committed to working in partnership with the
Union to build successful volunteer, intern and/or supported employment programs.
A. Volunteer and Intern: The use of volunteers and/or interns will not supplant
bargaining unit positions. No bargaining unit member shall be laid off as a result
of volunteer and/or intern programs. The use of volunteers and/or interns shall
not result in a loss of overtime opportunities for bargaining unit members.
Successful volunteer and intern programs require leadership and coordination with
City employees. Leadership opportunities may be made available to the bargaining
unit employee(s) so affected. Should a bargaining unit member assume a
leadership position over a volunteer or intern program, that member shall receive
appropriate compensation for the member's performance of those duties.
The City and the Union will meet in a labor-management forum and come to
mutual agreement prior to implementing any new volunteer and intern programs.
B. Supported Employment: The use of supported employees will not supplant
bargaining unit positions. No bargaining unit member shall be laid off as a result
of the supported employment program. The use of supported employees shall not
result in a loss of overtime opportunities for bargaining unit members. The
supported employment program will perform no more than a total of 40 hours of
work per week citywide.
Page 59
A successful supported employment program involves communication, education
and/or training with the work group prior to hiring an incumbent and an actively
involved job coach assisting the incumbent in their daily work.
Except as otherwise provided within this section, supported employees will be
treated as variable hour temporary employees under section 1.3 (routinely
scheduled for only a few hours each week) and will not be recognized as members
of the bargaining unit. The City and the Union agree to meet in Labor Management
forum on-going to discuss the program,
ARTICLE 36 - CIVIL SERVICE SHIFT BIDDING
Section 36.1 - Police Records Shift Biddino
Subsection 36.1.1 - Police Records Bid/Assignment Process
A. Work assignments for Records Specialists and Record Supervisors shall be
determined by a bid system based on seniority in those positions with the Kent
Police Department. Except that, in the case of an employee who had a reduction
in rank or class, the employee's seniority shall include time spent in the higher
rank(s) or class(es). Work assignment, as it relates to the bid process, means a
specific set of work days and work hours. (Example: Work Assignment No. 1 =
Monday, Tuesday, Wednesday and Thursday from 0700 to 1700 hours.) The City
has the sole discretion to determine the days and hours of work assignments as
they pertain to the bid Process.
B. The parties mutually agree to continue the four-month bid rotation. Those
assignments shall commence the first Sunday in January, May and September.
C. During their probationary period, Records Supervisors and Records Specialists
may be placed in work assignments based on training needs.
D. Every fourth bid rotation (see Appendix D), priority for work assignment
preference shall be reversed so that the least senior personnel shall receive priority
for work assignment preference.
E. The bid processes for each rotation shall occur according to the schedule outlined
in Subsection 36.1.2,
Individuals unable to report for work by the start of a new rotation will not
participate in the bidding process for that rotation and shall be assigned by the
City to a work assignment for that specific rotation.
No early or late work assignment preference bids shall be accepted.
Employees will not be able to participate in the shift bid while on probation except
that a probationary employee may bid for a shift that occurs after his/her
probationary period will be completed.
F
G
H
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I The City reserves the right to bar individuals from bidding where required by
business necessity.
The City reserves the right to post a re-bid process if there are multiple vacancies
that require bid positions to be filled prior to the end of rotation.
Subsection 36.1.2 - Police Records Bid Rotation
Records employees work four-month shift assignments as follows:
First Rotation - Schedule commences on the first Sunday in January with day
shift and shift bidding commences as follows:
October 1 - 6 Police Specialist Supervisor bid is open
October 7 - 28 Police Records Specialist bid is open
October 29 Final schedule is posted
Second Rotation - Commences on the first Sunday in May with day shift and
position bidding commences as follows:
February 1 - 6 Police Specialist Supervisor bid is open
February 7 - 28 Police Records Specialist bid is open
March 1 Final schedule is Posted
Third Rotation - Commences on the first Sunday in September with day shift and
position bidding commences as follows:
June 1 - 6 Police Specialist Supervisor bid is open
June 7 - 28 Police Records Specialist bid is open
June 29 Final schedule is Posted
Section 36.2 - Corrections Position Biddino
Subsection 36.2.1 - Shift Assignments
A. Shift assignments for Corrections Officers and Corrections Sergeants shall be
determined by a bid system based on tenure in those positions with the City of
Kent Corrections FacilitY.
Corrections Officers tenure shall be determined from the date of hire with the City
of Kent Corrections Facility. Tenure for Sergeants shall be determined by the time
in grade as a regularly appointed Sergeant at the City of Kent Corrections Facility'
During the initial probationary period of employment, Corrections Officers are not
eligible to bid for shift/days off assignments.
Bids and assignments shall be made every four (4) months. The rotation for
bids/assignments shall be implemented on the first Sunday of January, effective
with the commencement of the day shift, the first Sunday in May, effecting with
the commencement of day shift, and the first Sunday in September, with the
commencement of day shift. All assignments shall remain in effect until the next
J
1
2
3
B
c
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D
E
bid rotation unless it is determined by the City that the Corrections Officer or
Sergeant will be reassigned to a non-bid assignment during that period of time.
Assignments outside the bid process shall be completed prior to starting the bid
process unless the incumbent of the assignment fails to give 30 calendar days
notice of intent to leave the assignment prior to the start of the bidding process.
For Corrections Officers and Corrections Sergeants. The first and second bid
process shall give priority to the most senior personnel for shift/days off
preference. The third process shall result in a reversal of selection, giving first
choice in shift/days off preference to least senior personnel.
The bid process shall occur as scheduled. Individuals unable to report for work
for at least half of the new rotation will not participate in the bidding process for
that rotation and shall be assigned by the City to a work shift for that specific
rotation. Employees who are on or will be on leave shall be responsible to provide
documentation from person(s) of authority (i.e. doctol military commande4 etc.)
certifying that they are expected to return for at least half of the rotation to be
eligible to bid for shifts in that rotation.
The City shall determine who is eligible to bid, howeve4 ineligibility will be
documented in writing and provided to the affected Corrections Officer or
Sergeant,
Qrrhcartinn?R))-Pi rl /Accia n man{- Drnracc
The following provisions shall control the process of bidding and assignment in accordance
with the above guidelines:
A. Shift/days off preference shall be selected by the affected employee during the
established bidding period, This preference may not be changed by the employee.
No early or late shift preference bids shall be accepted.
Vacant positions that occur after the bid deadline shall be filled by Corrections
Officers or Sergeants, as applicable. Those assignments shall continue until the
next rotation.
Assignments of all individuals shall be determined by the City'
The position schedule that will be used will be communicated in writing to
employees, The affected employee will make their selection in writing. Once the
selection is chosen, there will be no changing of their selection.
Corrections Officers will be able to bid for positions that may include two of their
previous days off. If an employee selects an invalid/ineligible shift when other
option(s) are available, the employee shall move to the end of the bid eligibility
list. Sergeants shall not be limited in their bid based on previous days off.
Employees shall complete their bid selection within 24 hours from the initial
notification of their individual bid choices.
F
B
c
D
E
F
G
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H
I
The attached and appropriate rotation(s) shall be used for the bidding. In the
event that there are sixteen (16) Corrections Officer positions, the rotation(s)
from the previous contract will be used. However, if less than sixteen (16)
Corrections Officers are bidding during the process, the procedures outlined in
Subsection 36.2.2 (I) shall apply.
If less than fifteen (15) Corrections Officers are bidding during the process, the
City may freeze up to the number of shifts equal to the number of Corrections
Officers ineligible to bid (for example: If there are thirteen (13) Corrections
Officers bidding, the City may freeze up to two (2) shifts). The frozen shift(s) (day,
swing and grave) and the number of each to be frozen shall be noted prior to
starting the bid process. The specific positions to be frozen shall be the last
positions bid upon for the given shift.
Crrhcaafinn?A??--raa{.innc Elirl Dnl-={-ian
Corrections Officers work four (4) months with assigned shift and days off
First Rotation - Schedule commences on the first Sunday in January with day shift
and position bidding commences as follows:
September 1 - 6 Sgt.'s position bid is open
September 7 - 28 CO's position bid is open
September 29 Final schedule is posted
Second Rotation - Commences on the first Sunday
position bidding commences as follows:
in May with day shift and
1
2
3
February 1 - 6
February 7 - 28
March 1
Junel-6
JuneT - 28
June 29
Sgt's position bid open
CO's position bid is open
Final schedule posted
Sgt.'s position bid open
CO's position bid is open
Final schedule posted
Third Rotation - Commences on the first Sunday in September with day shift and
position bidding commences as follows:
ARTICLE 37 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire Agreement between the
parties and no oral statements shall add to or supersede any of its provisions.
The parties agree that this Agreement is their complete Agreement and that all
agreements between the parties are merged into this Agreement. No issues negotiated
by this Agreement are subject to mandatory negotiation during the term of this
Agreement, but they may be modified by mutual agreement in writing.
Page 63
Thisagreementconstltutesthenegotlatedagraementb:tweenthecityandtheUnlon
;:[:ft .triin,x?if iff f &1if ffiH;fl .nt';-:*f e';"whetherorarorwritten'
ARTTCLE 38 - DURATIOI{
Thls Agreement shall become effegt]y9 on January 1'
;;;iru.t ttriougl' December 3L' 2022'
2A2O and shall remain in full force
srG$IATUREq
Signed thls lUlnyqt*-,, zarl\#Kent, washlneton'IT day of
CITY OF KENT WASHINGTON STATE COUNCIL OF COUNTY
AN;'aiT/ iytPuovers uNIoN, LofiL
#2617
t BY
BY
BY
of HR
Breht
Labor Relatlons Manager
Mark Watson
Staff RePresentative
Sara
Presldent
Alex McDo nald
AFSCME Vice Presldent
Mike Armstrong
Correctlons Negotiator
Dana RalPh
Mayor
rl
Human Resou
BY
Natalie Wl
DeputY Di
necka
slaala
BY
BY
Page 64
Approved as to
Pat Fitzpa
Attest:
BY
Attorney
Kim Komoto, City Clerk
Page 64
APPENDIX A - Salary Ranoes as of 1/1/2O
EMPLOYEE CI.ASSIFICATION PAY MNGE
Accou nt Representative
Accountant
Accounting Services Asst III
Accounting Technician
Administrative Assistant I
Administrative Assistant II
Administrative Services Supervisor
B&O Desk Auditor
B&O Tax Auditor
Cash & Investment Officer
Central Financial Analyst
Code Enforcement Officer
Combination Building Inspector
Community Education Coordinator
Contract Specialist
Corrections Officer *
Corrections Sergeant x
Crime Analyst
Custodial Lead
Custodian
Deputy City Clerk
Development Permit Technician
Development Permit Technician Lead
Evidence Custodian
Evidence Technician
Evidence Technician Supervisor
Facilities Services Supervisor
Financial Analyst
Financial Services Supervisor
Graphics Specialist III
Lead Combo Building Inspector
Lead Plans Examiner
Legal Secretary I x
AF 24
AF 37
AF 22
AF 25
AF 23
AF 27
AF 32
AF 37
AF 42
AF 4L
AF 33
AF 35
AF 36
AF 34
AF 27
AF 29
AF 36
AF 34
AF 20
AF 15
AF 32
AF 27
AF 29
AF 25
AF 28
AF 32
AF 30
AF 30
AF 32
AF 31
AF 38
AF 40
AF 24
Page 65
EM PLOYEE CI.ASSIFICATIO N
Multimedia Specialist I
Multimedia Specialist II
Office Technician III
Operations Analyst
Parking Enforcement Assistant
Payroll Business Analyst
Planning Technician
Plans Examiner
Plans Examiner Supervisor
Police Records Specialist
Police Specialist Supervisor
Printing Technician
Printing Media Coordinator
Property Services Technician
Prosecution Paralegal
Public Records Administrator
Research & Development Analyst
Senior Accountant
Senior Financial Analyst
Tax Compliance Officer
Video Program Coordinator
* Target Market Adjustments 7 | Ll 20=
Corrections Officer
Corrections Sergeant
PAY RANGE
AF 20
AF 29
AF 20
AF 30
AF 19
AF 39
AF 27
AF 38
AF 4T
AF 24
AF 32
AF 20
AF 36
AF 27
AF 30
AF 32
AF 37
AF 4L
AF 37
AF 34
AF 36
AF 30
AF 37
xTarget Market Adjustments L / L | 2Lz
Legal Secretary I AF 26
APPENDIX B . POLICE DEPARTMENT INTERNAL INVESTIGATIVE STANDARDS
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,
Page 66
A
Section 1- Emolovee Rights
In an effort to ensure that internal investigations, 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, employees of the Police Department shall be entitled to the
processes and provisions as outlined in Chapter 14 of the Kent Police Department
policies (updated as of December 2016) in addition to the following protection:
Any employee who is the subject of an investigation shall be informed, in writing,
at least twenty four (24) hours before any interview of the following:
1. That the employee is considered a subject of the internal investigation;
2. The nature of the allegation, including a summary of the allegation, as well as
the date and location that the alleged conduct 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
disclosure of the identity of the complainant or the victim would jeopardize the
safety of the complainant or victim, the identity of the complainant or victim may
be withheld;
5. The employee's right to have a Union representative present during the
interview as well as an opportunity and facilities to contact and consult with his
or her Union representative;
6. The name of the officer(s) or City employees in charge of the investigation and
the name of the officer or employee who will conduct the interview. lf the
person conducting the investigation or interview is not a City employee, then
the name of the person who will conduct the interview and his or her place of
employment will be provided.
Employees placed on paid administrative leave pending an investigation may be
placed on Day shift to be available for interviews during normal City business
hours.
The interview of any employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigency of the interview dictates othenrvise.
Whenever practical, interviews shall be scheduled during the normal workday of
the City. lnterviews shall be completed 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.
At the cost of the requesting party and in accordance with Chapter 9.73 RCW,
the employee or City may request that an investigative interview be
B
c
D
Page 67
recorded, either mechanically or by a stenographer. There can 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.
E. 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.
F. Employees retain all of their constitutional rights. During an investigation in which
an employee has been advised of his or her Garrity rights, 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
against that employee in any criminal investigation.
G. 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 Union recognizes the Administration's effort to improve procedures involving
complaints against its members. Upon request of either the Union or Police
Administration, an annual review meeting of the procedures will be held to ensure they
are accomplishing their goals.
Section 2 - Psvchological Evaluations
The purpose of this Section is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for duty and
the interest of the employee in having those examinations being conducted.
1. ln the least intrusive manner as possible, and
2. ln a manner as to protect the employee's right to privacy'
A. Conditions Under Which Evaluations Will Take Place
1 No evaluation will take place without there being a reasonable suspicion to
believe that an employee is psychologically unfit to perform the job. lf the
Employer has facts which provide reasonable suspicion that an employee
may be psychologically unfit for duty, the Employer will bring those facts to
the attention of a doctor chosen by it from a list of doctors previously agreed
to by the Employer and the Union. (ln the event the City and the Union do
not reach agreement on an appropriate list, the City may select a doctor of
its choosing.)
Page 68
2 Any relevant medical history of the employee which the examining doctor
requests shall be released by the employee to the examining doctor.
B. Results of the Evaluation
The doctor will issue a written report to the Employer and the employee. The only
information which the doctor may disclose shall be whether the employee is fit or
unfit for duty or requires modified work conditions, and the prognosis for recovery.
Additionally, where the cause of the unfitness is duty-related, the doctor shall
disclose that cause. lf the doctor believes the employee is fit for duty but needs
modified work conditions, the doctor will indicate what modifications are necessary
and the extent or duration projected of the modification. The doctor will keep all
data that has been made available to him or her confidential and not release it to
any of the parties except the employee. Modified work conditions may include light
duty assignments.
C. Definition
As used in this section, "doctor" refers to a psychologist or psychiatrist.
Page 69
APPENDIX C - Health Care Plan & Premiums
Effective January L, 2O2O
2020 Cost of Coverage
AFSCME
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Page 70
APPENDIX D - Police Records Shift Bid
xhighlighted months are the "Junior Bid" that occur every four bids
Year Month Month Month
20L9 Januarv-April May-Auqust Seotember-Decemberx
2020 January-April Mav-Auqust September-December
202L January-Aprilx Mav-Auqust September-December
2022 January-April Mav-Auqustx September-December
2023 Januarv-Aoril May-Auqust Seotember-December*
2024 Januarv-April May-Auqust September-December
Page 71
$afi
APPENDIX E - CORRECTIONS BID ROTATION
Rotation 1
ffi
Rotation 2
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Page 72
ClOlc
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I Sun [orr Tne
Tue
Rotation 3
Rotation 4
Wed Thr Frt
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Page 73
Rotation 5
t*alne
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APPENDIX F - Corrections Staffinq
The City will conduct a staffing analysis of the City of Kent Corrections Facility during
the life of this contract. The City will have a discussion with AFSCME Corrections
negotiators regarding the findings of the staffing analysis. Both sides understand that
regarless of the findings of the suryey, staffing adjustments continue to be subject to
budgetary constraints.
Page 74