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Home My WebLink AboutCAG2022-141 - Supplement - Kent Police Officers Association (KPOA) - MOU re: 6.7 Light Duty - 08/15/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: 4^ • For Approvals,Signatures and Records Management Dir/Dep: KEN T This form combines&replaces the Request for Mayor's signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Jalene King Police Date Sent: Date Required: > 08/08/2023 0 Q Authorized to Sign: Date of Council Approval: aMayor or Designee N/A Budqet Account Number: Grant? Yes NoF—] N/A Budget?❑Yes ONO Type: N/A Vendor Name: Category: KPOA —QW;P ' Labor Agreement Vendor Number: Sub-Category: c N/A gFogiRal Supplement 0 Project Name: police Sergeants and Officers Collective Bargaining Agreement wProject Details: Section 6.7 Light Duty c c Basis for Selection of Contractor: � Agreement Amount: N/A Other 4) `Memo to Mayor must be attached 3- Start Date: Termination Date: 12/31/2024 C Q Local Business?❑Yes❑No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: F]YesFIln-Process❑Exempt(KCC5.01.045) Notice required prior to disclosure? Contract Number: [—]YesF-]No CAG2022-141 Comments: N 3 c C 9/ ?3 of � 3 NW Li Date Recei ed:City Attorney: " Date Routed:Mayor's Office City Clerk's Office8/18/23 a� adccw223731_20 Visit Documents (ei tWA.gov to obtain copies of all agreements rev.20210513 i MEMORANDUM OF AGREEMENT By and Between The CITY OF KENT and KENT POLICE OFFICERS ASSOCIATION Representing the POLICE SERGEANTS AND OFFICERS Regarding Section 6.7 - Light Duty This Memorandum of Agreement ("MOA") 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 to amend Section 6.7 of the parties' collective bargaining agreement related to light duty assignments. Background The City and KPOA are parties to a Collective Bargaining Agreement ("CBA"), with a term of January 1, 2022 through December 31, 2024. The City and KPOA have recognized that the current Light Duty section 6.7 of the CBA does not differentiate between on-duty injuries and off-duty injuries that may trigger an employee's need for a light duty assignment. Both parties also recognize that the time frame to allow an employee to work a light duty assignment for an on- duty injury should be longer than what is currently provided for in the CBA. The City and KPOA have agreed on the language change listed below, which differentiates the maximum length of a light duty assignment according to whether the injury occurred on-duty or off-duty. Agreement Section 6.7 of the CBA, entitled "Light Duty," is revised to replace the language in the CBA with the following: Section 6.7. Light Duty. In the event an employee becomes sick or disabled, the City may allow the employee to return to work in a temporary light duty status, to the extent such light duty work is available with the City. The following provisions apply to any light duty assignment provided by the City: 1. A light duty assignment may be approved to permit the employee to continue working within the Department in a duty capacity that the employee is physically capable of performing in accordance with the conditions set forth by the employee's physician while continuing to be paid at the employee's normal rate of salary. 1 Page 2. The maximum time period that will be allowed for a light duty assignment is sixty (60) days. a. If a light duty assignment originates from a non-work- related injury, the assignment may be extended beyond sixty (60) days, but in no event will a light duty assignment exceed a total period of six (6) months. Approval for a light duty assignment beyond sixty (60) days shall be based upon the medical prognosis that the employee will be able to return to full employment in a reasonable time period and prior to, or immediately upon, the expiration of the light duty assignment. b. If a light duty assignment originates from an on-the-job injury, the assignment may be extended beyond sixty (60) days if: (a) the employee's medical condition will resolve within a reasonable time period through either the employee's return to full duty status or a medical retirement or separation, (b) the City authorizes an extension in the length of the light duty assignment, and (c) the employee's medical provider approves the employee continuing with the light duty assignment. 3. A light duty assignment does not change the essential functions of the position the employee occupied prior to their temporary light duty assignment. A light duty assignment removes essential functions from an employee's position as a law enforcement officer, and as such, it is not a reasonable accommodation under the law. Instead, it is an option available in the event the City has the capacity to offer the light duty assignment and the employee's medical condition allows the employee to perform that light duty assignment. 4. A request for a light duty assignment will be submitted in writing by the employee to the City or from the City to the employee. 5. The City reserves the right to have a City appointed physician determine the extent of an employee's disability due to their injury, their ability to perform light duty, and/or their ability to return to full duty. 6. Newly hired employees who are granted a light duty assignment during their probationary period may have their probationary period extended in accordance with Section 1.5.4 - Light Duty Probation Extension for New Hires. 7. Employees on light duty as a result of an on-the-job injury or illness may receive up to two (2) hours per week of paid 21Page administrative leave to attend medical or physical therapy appointments related to their on-the job-injury or illness. The employee may receive up to fifty-two (52) hours annually for this purpose. Supervisors may allow flexibility in work schedules to help lessen the amount of sick leave used by the employee for attending medical or physical therapy appointments necessary for on-the-job injuries. Employees will reasonably attempt to schedule these appointments during off- duty hours. All other language of the CBA shall remain in full force and effect and shall not be altered by this MOA. This MOA was prepared or reviewed by both KPOA and the City. In the event of an ambiguity in any term in this MOA, it shall be interpreted evenly, and not against the drafter of the MOA. By signing below, the parties agree that the above represents their full and entire agreement with respect to the subject matter of this MOA. This MOA 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. Once signed, this MOA shall be deemed effective as of August 15t" , 2023. All acts consistent with the authority of this MOA 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: FOR KPOA: 08/15/2023 l 8 Dana Ralph Date Jus n Campbell Date Mayor KPOA President Holly Harve -Smith Date Kelly ate Human Resources Director ice President Rafael Kadilla Date Police Chief APPROVED AS TO FORM 3 1 Page Mg, OR 23 Tammy White 6ate City Attorney 4 1 Page