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Home My WebLink AboutCAG2022-141 - Supplement - Kent Police Officers Association - MOU re: Detective Assignments and Pay - 11/01/2022run %.I I T Vr ncm 1 Vrrl%.INL U3C WILT Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals, Signatures and Records Management Dir/Dep: KE N T This form combines & replaces the Request for Mayor's Signature and Contract Cover (Optional) WASH 1 N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Brent Ashbaugh Admin Date Sent: Date Required: > 11/07/2022 N/A 0 CL Mayor's Signature Required ✓Approved by Law Date of Council Approval: a a Upload Interlocal Agreements to Website Q✓ N/A Budget Account Number: Grant? Yes No�✓ N/a Budget? Yes ❑No Type: N/A Vendor Name: Category: KPOA Contract Vendor Number: Sub -Category: g nal Original = Project Name: KPOA MOU Sergeants & Officers Supp Off -Duty Overtime b. Project Details: 0 C C Agreement Amount: N/A Basis for Selection of Contractor: Other all E * Memo to Mayor must be attached 1. Start Date: 1 /1 /22 Termination Date: 12/31 /2024 Local Business?❑Yes F]No* If meets requirements per KCC 3.70. 100, please complete "Vendor Purchase -Local Exceptions" form on Cityspoce. a Business License Verification: Yes❑In-ProcessElExempt (KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes ❑ No /1 — 141 Comments: In N L Rj C C 30 a, a, Date Received: City Attorney: Date Routed: Mayor's Office 11 , 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 The CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS and the POLICE ASSISTANT CHIEFS AND COMMANDERS Regarding Supplemental Off -Duty Overtime 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 and the Police Assistant Chiefs and Commanders' bargaining unit ("KPOA") to memorialize an agreement reached between the City and KPOA regarding an increase in the hourly rate for off -duty supplemental overtime pay. Backaround The City and KPOA are parties to a Collective Bargaining Agreement ("CBA") 1, with a term of January 1, 2022 through December 31, 2024. Subsequent to the CBA, the City encountered difficulty staffing off -duty supplemental overtime positions. This challenge, coupled with a review of supplemental overtime rates paid by surrounding agencies, justified a need to increase the hourly rate paid to officers who work off - duty supplemental overtime. The purpose of this MOU is to memorialize the agreement between the City and the KPOA. Aareement Appendix A to the CBA is replaced with the following: APPENDIX ""A" - OFF -DUTY SUPPLEMENTAL OVERTIME PAY Section 1. Puroose This Appendix is specifically intended to address overtime worked by commissioned officers while off -duty (hereafter referred as "supplemental overtime"), which is funded and paid, on a reimbursement basis, by external third parties who contract with the City. The City will document, process, and record all such supplemental overtime. The City agrees to perform the scheduling, bookkeeping, and reporting functions of such supplemental overtime for the City of Kent's commissioned officers. 1 For purposes of this MOU, the term "CBA" refers collectively to the City's CBA with the Officers and Sergeants' bargaining unit and to the Assistant Chiefs and Commanders' bargaining unit. MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 1 The employees will be paid for such supplemental shifts through City payroll and be subject to all applicable payroll -related taxes and benefits deductions. Section 2. Definition A. City overtime is defined as additional hours of work for City staffing purposes or additional staffing needed due to special events planned, organized, and funded by the City of Kent. B. Supplemental overtime is defined as additional hours of work which are planned/organized, funded, and paid by a contracting third -party (hereafter referred as "non -City related events"). These are generally events which are not funded or paid by the City. Examples of supplemental overtime include, but are not limited to, security for a private business, security for a private party/event, personal protection for a non -government official, or traffic control at construction sites. C. A commissioned officer of any rank shall be hereafter referred to as "officer" or "commissioned officer". D. An employee holding the rank of Police/Patrol Officer regardless of his or her current assignment (i.e., Detectives, Training Officers, etc.) shall be hereafter referred to as "Officer". E. The Police Chief, or his designee(s), shall be hereafter referred to as "Chief". Section 3. Elicibility Commissioned officers of any rank ("officers") who have passed their new hire probationary period are eligible to work supplemental overtime. Any exceptions to an officer's eligibility to work supplemental overtime during probation will be made by the Chief at the Chief's discretion on a non -precedent setting, case -by -case basis. Section 4. Work Rules The officer's conduct while working supplemental overtime shall be considered on - duty conduct. Commissioned officers working supplemental overtime shall be subject to all policies, procedures, practices, and standards of the City and the Kent Police Department, and shall be subject to all laws, rules, and regulations of the State of Washington and/or the Federal Government applicable to police work and law enforcement. Failure to abide by applicable laws, rules, regulations, policies, procedures, practices, and standards may subject the officer to disciplinary action up to and including termination of employment. The officer will be afforded all applicable protections as provided by the CBA, Civil Service Rules, and City and Department policies and procedures for conduct that arises while working supplemental overtime. MOU RE; SUPPLEMENTAL OFF -DUTY OVERTIME - 2 Section S. Reauired Paperwork, A. All required paperwork resulting from the officer's supplemental overtime work should be completed during the supplemental overtime shift. B. If, due to extenuating circumstances, the officer cannot complete the required paperwork during the supplemental overtime shift, the officer will complete such paperwork during his/her next regularly scheduled work shift with the Kent Police Department. If completion of such paperwork during the next regularly scheduled work shift is not feasible or not practical, the officer will request authorization from his/her regular department supervisor or the duty supervisor for overtime to complete such paperwork. Such pre -authorized overtime will be paid at the employee's regular City overtime rate per the CBA. However, the employee shall only be paid for the actual time spent completing the paperwork and such overtime hours shall be treated as if they are annexed to the employee's work shift regardless of when they are worked. This means such City overtime to complete required paperwork shall not qualify for the minimum overtime call back provision of the Officers CBA. C. If the officer working the supplemental overtime who needs City time to complete required paperwork is an Assistant Chief or a Commander, the paperwork shall be completed, with pre -authorization, on City time without additional compensation to the officer (overtime exemption status). Section 6. Work Restrictions, A. No officer may work supplemental overtime while on sick leave. B. All commissioned officers must abide by the sixteen (16) hour work and eight (8) hour rest rule per Section 4.10 Rest Periods, of the Officers CBA to include all hours worked for the City, for supplemental overtime, or any other work performed by the employee. C. The Chief retains the right to restrict officers from working supplemental overtime with cause (i.e. disciplinary action, performance issues/concerns, paid administrative leave, etc.). Section 7. Overtime Sian-uo. Assianment and Mandatinq A. Sign-up for supplemental overtime work shall be voluntary on a first come first serve basis. The Chief may not mandate officers to work supplemental overtime and may not discipline an officer for refusing to work supplemental overtime. However, the Chief retains the right to mandate commissioned officers to work City overtime per Section 4.2 Overtime of the Officers CBA. In addition, the Chief retains the explicit right to convert supplemental overtime into City overtime, mandate officers to work the City overtime, and pay the City overtime rate for that work. MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 3 B. The Police Department will provide a sign-up list for the supplemental overtime to mirror the current Department overtime sign-up practice. C. Employees working or scheduled to work supplemental overtime may be redirected, at the discretion of the Chief, to cover City overtime, Kent Police Department functions, and emergencies. The City will make reasonable efforts to solicit volunteers for the City overtime first before redirecting officers from supplemental overtime to City overtime assignments. Commissioned officers working City overtime shall be paid at the officers' regular overtime rate, as applicable, per the CBA. D. The Chief will have the authority to move any employee who is signed up for supplemental overtime to the City's overtime list once the supervisor has made reasonable efforts to solicit volunteers for the City overtime. If the employee is moved to the City overtime list, the employee shall be paid at the employee's regular overtime rate, if overtime pay is applicable, per the appropriate CBA for hours worked on City overtime. E. In the midst of a supplemental overtime shift, if the officer is needed in court, the officer will attend court and be paid at the City overtime rate, as applicable, for all hours spent in court. The officer shall only be paid City overtime for the actual hours spent in court and will not qualify for the minimum court overtime per Section 4.4 Overtime Pav for Court Aooearances of the Officers CBA. If applicable, once the officer returns to the supplemental overtime assignment, the supplemental overtime pay rate for that assignment will resume. However, if the officer is available to return to the supplemental overtime assignment, but the remainder of the supplemental overtime shift was cancelled by the contracting third -party due to the officer's absence for court appearance, the officer will be paid the minimum four (4) hours of court overtime (which shall include the actual hours spent in court) at the City overtime rate or the remainder of the supplemental overtime shift, whichever is shorter. Section S. Comoensation A. Supplemental overtime worked shall only be paid and shall not be eligible for compensatory time accrual. B. The minimum number of hours for each supplemental overtime shift/assignment shall be four (4). C. Compensation for supplemental overtime shall be paid at the rate specified in this Subsection 8(C)(1), regardless of the commissioned officer's rank. Because this supplemental overtime is worked for and paid by a contracting third -party on a reimbursement basis, and to help secure adequate staffing for supplemental overtime assignments, the parties have negotiated an overtime rate of pay for these assignments that is higher than the minimum overtime MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 4 rate of pay required by the Fair Labor Standards Act (FLSA) and Minimum Wage Act (MWA) 1. Rate of Pay a. The rate of pay shall be one -hundred dollars ($100) per hour. b. The rate of pay on an observed holiday as defined in Section 7.1 Holidays Observed of the Officers CBA, and Article 7 Holidays of the Assistant Chiefs/Commanders CBA, shall be one -hundred and fifty dollars ($150) per hour. Observed holidays shall not include the employee's floating holiday. C. The rate of pay for a shift longer than ten (10) hours shall be one - hundred dollars ($100) per hour for the first ten (10) hours and one -hundred and fifty dollars ($150) per hour after ten (10) hours. However, if the officer signs up for more than one (1) consecutive supplemental overtime shift, the officer will be paid at the one -hundred dollars ($100) per hour rate for all scheduled hours the officer signed up for. If the officer is held over during a supplemental overtime shift and the supplemental shift is ten (10) hours or longer, the officer shall be paid at one -hundred and fifty dollars ($150) per hour for all hours worked in excess of the scheduled supplemental overtime shift beyond ten (10) consecutive hours. ➢ Examale 1: If the officer is scheduled for eight (8) hours of supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid one -hundred dollars ($100) per hour for all ten (10) hours worked, because the entire shift did not exceed ten (10) consecutive hours. ➢ Examale 2: If the officer is scheduled for ten (10) hours of supplemental overtime, and then is held over for two (2) additional hours, the officer shall be paid one -hundred dollars ($100) per hour for the first ten (10) hours and one -hundred and fifty ($150) per hour for the last two (2) hours. ➢ Examale 3: If the officer signs up for twelve (12) hours of supplemental overtime, with the understanding• that ten (10) hours will be at the straight time and two (2) hours will be at the overtime rate, the officer shall be paid one -hundred dollars ($100) per hour for the first ten (10) hours and one -hundred and fifty dollars ($150) per hour for the last two (2) hours. ➢ ExamDle 4: If the officer is scheduled for twelve (12) hours of supplemental overtime, with the understanding that ten (10) hours will be at the straight time and two (2) hours will be at MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 5 the time and a half rate, and then is held over for two (2) additional hours, the officer shall be paid one -hundred dollars ($100) per hour for the first ten (10) hours and one -hundred and fifty($150) per hour for the last four (4) hours. ➢ Example 5: If the officer signs up for a ten (10) hour supplemental overtime shift and splits a second ten (10) hour shift with a co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, the officer shall be paid one -hundred dollars ($100) per hour for all fifteen (15) hours worked. This is because the officer signed up for separate overtime shifts, neither of which exceeded ten (10) hours; as such, the total number of hours were added together and paid for at the base supplemental overtime rate of one hundred dollars ($100) per hour. ➢ ExamDle 6: If the officer signs up for a ten (10) hour supplemental overtime shift and splits a second ten (10) hour shift with a co-worker for a total of fifteen (15) hours (more than one (1) consecutive shift), with the understanding that all fifteen (15) hours will be paid at straight time, and then is held over for one (1) additional hour, the officer shall be paid one -hundred dollars ($100) per hour for the first fifteen (15) hours and one -hundred and fifty ($150) per hour for the last hour. d. If a supervisor is required and authorized by the Chief for a supplemental overtime assignment/event, the commissioned officer working as the designated supervisor shall be compensated at one -hundred and twenty dollars ($120) per hour. The supervisor shall be paid at the rate of one hundred and eighty dollars ($180) per hour for all hours worked on an observed holiday, for hours scheduled at one and one-half (1 1/2) time rate, and for hold- overs beyond ten (10) hours as defined in paragraphs b. and c. above. Section 9. Cancellation of Sunulemental Overtime If a supplemental overtime shift is cancelled, the City agrees to notify the officer scheduled to work at least ten (10) hours prior to the start time of such supplemental overtime shift. Failure to provide a minimum of ten (10) hours advance notice of cancellation shall entitle the officer to receive four (4) hours of supplemental overtime pay at the rate of that supplemental overtime assignment. If the City has called the employee by phone and by text at least ten (10) hours prior to the start time of the supplemental overtime shift, this advance cancellation notification requirement will have been met regardless of whether the employee has checked or received his or her messages. MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 6 Section 10. Payroll. Payroll Deductions and Record Keeoina A. Officers will enter in their supplemental overtime to include supplemental overtime hours worked and descriptions of who they worked for within timelines required by the City's policies, procedures, and practices. B. The contracting third -party shall pay the City for all supplemental overtime hours worked at the mutually agreed upon contract rate. This contract rate shall include the employer's portion of applicable payroll taxes. C. The City shall pay the officers working the supplemental overtime at the rate specified in Section 8. Compensation of this agreement. Such supplemental overtime pay less applicable payroll taxes will be included in the employee's regular paycheck from the City. Applicable payroll taxes to be deducted from the employee's supplemental overtime earnings shall include the employee's portion of payroll taxes (i.e. Social Security, Medicare, LEOFF, etc.). D. The City shall report supplemental overtime earnings and deductions to the appropriate governmental agencies. Section 11. Work Performed by Non-Baraainina Unit Members A. Supplemental overtime not filled by Kent Police Department officers can be contracted out, at the Chief's discretion, to outside police agencies. The rate of pay for outside agencies shall be determined by the Chief. The Chief will first allow Kent commissioned officers an opportunity to voluntarily sign up for the supplemental overtime. If the supplemental overtime remains unfilled, the Chief may contact outside police agencies from a list mutually agreed on between the Kent Police Department and the KPOA. If the supplemental overtime remains unfilled, the Chief may contact other outside police agencies which are not on the mutually agreed upon list. If the supplemental overtime remains unfilled, the City will reject the offer of supplemental overtime work from the contracting third -party. At all times the Chief retains the right to accept or reject any offer of supplemental overtime work from any contracting third -party and to determine the number of officers needed at a particular supplemental overtime assignment. B. Nothing within this Appendix shall restrict the City from using Police Department volunteers to perform duties they currently perform or have performed in the past. These duties may include, but are not limited to, parking direction/control, pedestrian traffic control, providing public information, etc. Questions of KPOA duties that have been performed by past volunteers shall be discussed and mutually agreed upon between the parties. C. Nothing within this Appendix shall restrict the parties from allowing the implementation of the Police Cadet program and allowing Cadets to perform MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 7 limited police functions within the scope allowed by law, civil service rules, and as mutually agreed upon between the parties. D. Nothing within this Appendix shall restrict non-KPOA members from performing police work which is currently and have been traditionally performed by those employees. E. Nothing within this Appendix shall restrict the parties' ability to meet and mutually agree upon any additional police work which may be performed by non -bargaining unit members if/when such need arises. F. Nothing in this Appendix shall be interpreted to allow the City to supplant KPOA bargaining unit work or to displace KPOA bargaining unit employees. 2. All other language of the CBA not in conflict with the terms or spirit of this MOU or not made superfluous by this MOU shall remain in full force and effect and shall not be altered by this MOU. 3. KPOA and the City jointly drafted this MOU. In the event of an ambiguity in any term in this MOU, it shall be interpreted evenly, and not for or against either party as "the drafter". 4. The changes made to the CBA through this MOU shall be effective as of November 1, 2022, even if this MOU is fully signed after that date. Accordingly, all acts consistent with the authority of this MOU and prior to the date it is fully signed are ratified and affirmed upon signing, and the terms of this MOU shall be deemed to have applied. FOR THE CITY: a_�*_ Y, -z-z- Dana Ralph ate Mayor Teri Smith D to Human Resources Director Rflladilla Date Chief of Police FOR KPO 7, Wayne G f at KPOA President Ilk - a, /g/�A KV Clay I Dke KPOA Vice President MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 8 FORM Kim Komoto City Clerk Date Date MOU RE: SUPPLEMENTAL OFF -DUTY OVERTIME - 9