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Home My WebLink AboutCAG2022-141 - Supplement - Kent Police Officers Association - MOU re: Detective Assignments and Pay - 11/08/2022KENT WASHINOTON FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: E= Agreement Routing Form DirAsst: For Approvals, Signatures and Records Management Dir/Dep: I This form combines & replaces the Request for Mayor's Signature and Contract Cover (Optional) Sheet forms. (Print on pink or cherry colored paper) Originator: Department: K. Finn on behalf of T. White Law Date Sent: Date Required: > 11/07/2022 0 0. Authorized to Sign: Date of Council Approval: a Q F,—/]Mayor or Designee Budqet Account Number: Grant? Yes NoEl Budget? [::]Yes [:]No Type: N/A Vendor Name: Category: Kent Police Officers Association fz9 F - I, sibN Vendor Number: Sub -Category: +� Project Name: Kent Police Officers Association representing the Police Sergeants and Officers regarding Detective Assignments and Pay M N. Project Details: This MOU between the City and KPOA representing the Police Sergeants and Officers' O bargaining unit memorializes an agreement reached regarding classification of the C sergeant and detectives assigned to the Special Investigations Unit. C O Agreement Amount: Basis for Selection of Contractor: Other N *Memo to Mayor must be attached i Start Date: I IAG Termination Date: a1 Local Business?❑Yes❑No* lfmeets requirements per KCC 3.70. 100, please complete "Vendor Purchase -Local Exceptions" form on Cityspoce. Q Business License Verification: Yes❑In-Process❑Exempt(KCC5.01.045) Notice required prior to disclosure? Contract Number: Yes ❑ No ^7 C 12\ & L.. C) Comments: 1A O 3 a.• C C V1 O 3 cc a, a, Date Received: City Attorney: ` 1� 11_Date Routed: Mayor's Office City Clerk's Office adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev. 20210513 MEMORANDUM OF UNDERSTANDING by and between OCT 1 ,q 202? CITY OF KENT and hkhot , Rat' -we: KENT POLICE OFFICERS ASSOCIATION "City of Kent Representing the POLICE SERGEANTS AND OFFICERS Regarding Detective Assignments and Pay This Memorandum of Understanding ("MOU") is entered into by and between the City of Kent ("City") and the Kent Police Officers Association representing the Police Sergeants and Officers' bargaining unit ("KPOA") to memorialize an agreement reached between the City and KPOA regarding classification of the sergeant and detectives assigned to the Special Investigations Unit. Backaround The City and KPOA are parties to a Collective Bargaining Agreement ("CBA"), with a term of January 1, 2022 through December 31, 2024. The Kent Police Department restructured the Investigations Division of the Kent Police Department. During this restructuring, . the Special Investigations Unit (SIU) was realigned with the other detective units. This restructuring eliminated the Persons Unit and the Property Unit. SIU, the Persons Unit, and the Property Unit were restructured into 4 units: Major Crimes Unit, SIU, Homicide and Violent Crimes Unit, and Special Assault Unit. The essential duties and responsibilities of the SIU sergeant and SIU detectives are similar in nature to those of their peers in other investigative units in the Investigations Division. One intent of the restructuring was to provide that all sergeants and detectives of the Investigations Division would be compensated in the same manner as detectives, regardless of which investigative unit to which they were assigned. In order to align compensation as intended by the Investigation Division's restructuring, this MOU revises the parties' Collective Bargaining Agreement to revise sections: 4.7.2 Standby for Duty (for Detectives), 7.2 Holiday Compensation, and 17.3 Premium Pay. MOU Regarding Detective Assignments and Pay Page 1 of 6 Agreement The following sections of the CBA are amended as follows: 1. Subsection 4.7.2 Standbv for Dutv (for Detectives). Subsection 4.7.2. of the CBA is replaced with the following: Subsection 4.7.2 Standbv for Dutv (for Detectives) A. Detectives are defined as those employees assigned to work in the department's Investigations Division, which currently includes four units known as: the Special Investigations Unit (SIU), the Special Assault Unit (SAU), the Major Crimes Unit, and the Homicide/Violent Crime Unit. B. Each Detective is issued a cell phone by the Department, which shall be carried by Detectives at all times except while on approved leave. Police management reserves the right to call back Detective(s) as necessary, per Subsection 4.7.2.13. Upon receiving a call, the Detective shall immediately contact the supervisor initiating the call back, per Subsections 4.7.2.13.2 and 4.7.2.13.4. If a Detective is called back, they shall be paid in accordance with Section 4.3. C. To facilitate the standby process for Detectives, the parties agree to establish a standby program as follows: 1. Three (3) Detectives and one (1) Detective Sergeant will be placed on standby (call -out duty) for a one -week rotational basis. Those on call -out duty shall move to the bottom of the rotation after serving their week. 2. The four (4) employees listed above are responsible to remain fit for duty and be located within a reasonable distance from Kent Police headquarters in order to respond to call back within a reasonable period of time (i.e. within an hour). 3. During an employee's assigned call -out duty week, the employee's use of their assigned City MOU Regarding Detective Assignments and Pay Page 2 of 6 vehicle may be more flexible, as approved by the employee's immediate supervisor, to allow the employee to respond to calls more readily. 4. Although only the employees assigned to call -out duty are required to report to the call, this does not prohibit the City from calling, in order of placement on the rotational list, other detectives to respond to a call back. Employees not assigned to call -out duty who are additionally called in by the City, but who are unable to report for the call back as requested, must still contact the supervisor initiating the call back. Being 'unable to report" as that phrase is used in this subsection includes: being out of the area where the employee is not able to return in a timely manner; having a child care situation where the employee is the only adult present to care for small children; being impaired by alcohol. 5. Once a standby schedule has been established, it is the employee's responsibility to arrange for coverage if s/he is not available for call -out duty. If the employee cannot cover the call -out duty due to long-term illness, injury, or leave of absence, the Commander will make a re- assignment of the call -out duty as equitably as possible (but cannot guarantee equal time assignment). Detectives may trade standby shifts with another Detective in accordance with Section 4.1. D. To compensate Detectives for the standby requirement to respond to call back (per 4.7.2.C.2. above), Detectives shall earn 8.25 hours of standby pay at their base pay for each completed week of standby duty. Detective Sergeants or designee (as assigned by the Chief) shall earn 8.25 hours of standby pay at their base pay for each completed week of standby duty. In addition, Detective Sergeants shall not be mandated off on holidays in accordance with Section 7.2.I. MOU Regarding Detective Assignments and Pay Page 3 of 6 2. Subsection 7.2(F) Holidav Comoensation for Detectives. Subsection 7.2(F) of the CBA pertaining to holiday assignments for Detectives is amended as follows: Section 7.2 Holidav Comoensation F. Detectives - Reduced Holiday Assignment for the 41h of July, Thanksgiving, and Christmas. Up to two (2) employees of the Detective Unit may be allowed to work on the 4th of July, Thanksgiving, and Christmas during their regularly scheduled hours, as approved by their supervisor. Approximately 30 days before the holiday, the supervisor shall notify detectives of their eligibility to work on the holiday. Eligibility to work on the holiday shall be based on a continuous rotational basis. It shall be the detective's responsibility to notify the supervisor in a timely manner of his/her availability to work the holiday. Detectives who fail to notify their supervisor of their availability will be passed over on the list. Gf-ec thc hr).iday assignments are n9ade, if ,.heduled shift eann3t b- worked by the deteetiveW Once the holiday assignments are made, if the scheduled shift cannot be worked by the detective(s), the City is not required to fill the vacant holiday slot. 3. Section 17.3 Premium Pay. Subsections 17.3(A) and 17.3(B) of the CBA pertaining to premium pay is amended as follows to align employees assigned to SIU with other employees assigned to the Investigations Division of the Kent Police Department: Section 17.3 Premium Pav A. Premium pay of four percent (4%) of base pay per month in addition to regular pay shall be granted to officers who are assigned to the following units and/or assignments: 1. Co -Responder Sergeant MOU Regarding Detective Assignments and Pay Page 4of6 �. S o Unit EIU 23. Special Operations Unit- SOU 34. Traffic 4§. K-9 56. Race, Engagement and Inclusion 6-7. Valley SWAT 78. Hostage Negotiator 8.9. Neighborhood Response Team (NRT) 9-19. Recruitment and Background Investigators 1044. Administrative Sergeant 114-2. School Resource Officers 12�3. Valley CDU members 13-1-4. Training Unit Staff 144-5. Video Technician B. Premium pay of five percent (5%) of base pay per month in addition to regular pay shall be granted to Detectives. Detectives are considered all emolovees workina in the Soecial Investiaations Unit (SIU), the Special Assault Unit (SAU). the Maior Crimes Unit, or the Homicide/Violent Crime Unit. 4. All other language of the CBA shall remain in full force and effect and shall not be altered by this MOU. 5. This MOU was prepared or reviewed by both KPOA and the City. In the event of an ambiguity in any term in this MOU, it shall be interpreted evenly, and not against the drafter of the MOU. 6. By signing below, the parties agree that the above represents their full and entire agreement with respect to the subject matter of this MOU. This MOU shall not be interpreted to create a past practice, nor does it waive the other party's rights to bargain over wages, hours, and working conditions as provided by statute and other applicable law. MOU Regarding Detective Assignments and Pay Page 5of6 Once signed, this MOU shall be deemed effective as of January 1, 2022. All acts consistent with the authority of this MOU and prior to the date it was signed are hereby ratified and affirmed and the terms of this MOU shall be deemed to have applied. FOR THE CITY: "T� I v Dana Ralph Mayor, Human Resou ces' Director Rafae4adilla Date Chief of Police I Y� (� ate FOR KPOA: Wayne Da e KPOA Pre 'dent XdP�jOVED AS TO FORM T mgny White Date C ttorney ATTES LM Kim Komoto bate City Clerk K�n Clay KPOA Vice President MOU Regarding Detective Assignments and Pay Page 6 of 6 10/, 7 b;t IDate