HomeMy WebLinkAboutCAG2022-141 - Supplement - Kent Police Officers Association - MOU re: Schedule Change and Related Impacts - 05/01/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT 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:
Brent Ashbaugh Human Resources
Date Sent: Date Required:
c 01/24/2024 N/A
Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website N/A
Budget Account Number: Grant? Yes NoF-]
N/A
Budget? Yes E]No Type: N/A
Vendor Name: Category:
KPOA Contract
Vendor Number: Sub-Category:
Original
0
0 Project Name: MOU: Sqt & Officers Schedule Change & Related Impacts
cProject Details: KPOA MOU Sergeants & Officers Schedule Change and Related
Impacts.
40
c
(11.111 Agreement Amount N/A Basis for Selection of Contractor:
*Memo to Mayor must be attached
Start Date: 15/1/2024 Termination Date: 12/31/24 (With CBA)
a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2022-141
Comments:
OK to sign, 2/6/24, TW.
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Date Received:City Attorney: 1/29/24 Date Routed:Mayor's Office 2/7/24 'ty Clerk's Office 2/8/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF KENT
and
KENT POLICE OFFICERS ASSOCIATION
Representing the
POLICE SERGEANTS AND OFFICERS
Regarding
Schedule Change and Related Impacts
This Memorandum of Understanding ("MOU") is entered into by and between the City of Kent
(the"City") and the Kent Police Officers Association("KPOA") representing the Police Sergeants
and Officers' bargaining unit regarding a work schedule change and related impacts.
Section I —Purpose of the MOU
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 met with KPOA on September 5, 2023, September 26, 2023, and October 11, 2023,
regarding a mutual desire to revert back to 10-hour shifts to address concerns among staff about
the impacts associated with the Kent Police Department's ("Department") current 12-hour shift.
The parties discussed and negotiated the impacts of a reversion back to 10-hour shifts during these
meetings.
The purpose of this MOU is to memorialize the agreements made by the City and the KPOA in
these meetings to revert back to 10-hour shifts.
Section 2 —Terms and Conditions
The City and the KPOA hereby agree to the following revisions of the CBA as follows:
1. Change to 10-Hour Shift. Effective May 1, 2024, a 10-hour work shift shall be
deemed added to the CBA and the Department will begin to assign and transition
employees from the existing 12-hour and 10.5-hour shifts to 10-hour shifts. The
City may assign employees to the new 10-hour shift in accordance with the
procedures already contained in the CBA(unless explicitly modified by this MOU).
The patrol division will transition from 12 hour shifts to 10 hour shifts on May 12,
2024. Employees in other divisions will begin to transition on May 1, 2024, and all
transitions, absent good cause by the City, shall be complete by May 15 , 2024.
For purposes of this MOU, the term "CBA" refers to the City's CBA with the KPOA Officers and Sergeants'
bargaining unit, which is dated April 15, 2022.
2. Revise Hours of Work. Section 4.1 of the CBA, entitled "Hours of Work", is
revised as follows:
Section 4.1. Hours of Work
The normal working hours for employees covered by this Agreement shall
not exceed 40 hours per week.
aii the FSLA to allow fer-these work shifts fesulting-iffi-gfeatef
h3ttr- seh@d1 will i inn t, but + ineu
,�vrrri—vrvrn--czii—c=' r� year,
eveftifae f r these het . The work week will commence with day shift
on Sunday and go through grave shift on Saturday night.
A. Patrol Division The normal work shift for employees assigned to
the patrol division shall consist of ten (10) continuous hours of
work inclusive of lunch periods four days per week, followed by
three consecutive days off. The nar-ffial fetifteen "^` day `• efk
eenseetttive days off for the first week, then three (3) eonseeative
wee1 (i.e. - 3 2 4l
1 One side of the patrol division will work four 10-hour
days Monday through Thursday, with Friday Saturday,
and Sunday off.
2 The other side of the patrol division will work four 10-
hour days Thursday through Sunday, with Monday,
Tuesday, and Wednesday off.
3 An officer will work their assigned "side" for 13
consecutive weeks after which they will rotate to the
other "side" While officers will rotate "sides" every 13
weeks that will determine on which days of the week they
work their shift's work hours will remain as they were
originally assigned in accordance with the bidding
process provided for under Section 4.8 of this Agreement.
However during the transition from 12-hour workdays to
10-hour workdays the initial rotation will commence on
May 12 2024 and run for 12 weeks instead of 13. After
that initial "side" assignment officers will thereafter
alternate "sides" every 13 weeks as provided for in this
section 4.1.A.
4 The patrol division will work under four work shifts
during each workday, commencing at 0500 hours, 1000
hours 1500 hours and 2000 hours each day, bid in
accordance with Section 4.8 of the CBA.
Initial bidding to implement the new 10-hour shifts shall
occur in accordance with Section 4.8 of the CBA, except
that that the following bid dates shall apply-
a Each sergeant shall submit their shift preference
no earlier than February 1st and no later than
February 7th The shift assignments shall be
posted no later than February 12th.
b Each patrol officer shall submit their shift
preference bid no earlier than February 15 and no
later than February 21 st. The shift assignments
shall be posted no later than last day of February.
B. Other Divisions.
Employees assigned to any division other than the patrol division
shall be assigned based upon the needs of the public and/or the
department to one of the following work weeks:
1 Five 8-hour workdays with Saturday and Sunday off each
week; or
2 For 10-hour workdays with three days off each week that
include Saturday and Sunday.
3 The designated work week for these employees will
commence at 0000 hours on Sunday and go through 2359
hours on Saturday.
C.43-. Shift Bid. Employees of the bargaining unit will be allowed to bid
for shift assignments and days off. The bidding process shall be in
accordance with Section 4.8.
the needs f the bl' and/er- the dopa,-t,Y,ov,t with S utufuay and
operating fieed-.
G. The nefma1 4 3 3 4 wefk shift shall eensist of'twelve(1 2) nt:.-.tteus
The D t 1 divisien will wofk ufldef fetif (4) •1 1 ft during e
� i
D. Chanize to Normal Work Schedule. In the event the Police
Administration changes an employee's normal work schedule, the
Police Administration agrees to provide fourteen (14) calendar
days' notice prior to the effective date of the change. This
provision does not apply in emergencies, in disciplinary actions,
or to probationary employees.
E. Closure of City Facilities. The Mayor may declare the closure or
partial closure of City facilities or operations in the case of
emergencies or for safety reasons. Members of the bargaining unit
will continue to maintain their normal work schedule unless
specifically released from duty. Members of the bargaining unit
who work their normal schedule during such declarations will not
receive additional monetary compensation or time off.
F. Shift Trades. 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 Detectives, Patrol, Traffic, Special Operations, and
Canine (specifically Drug K9 and General K9). 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.
3. Revise When Overtime Accrues. Section 4.2 of the CBA, entitled "Overtime", is
revised as follows:
Section 4.2. Oyertime
A. All members on a 4-3 work week with a 10�=hour work day shall
be paid at the rate of time and one-half for all hours worked in
excess of forty4we (4042) hours in one consecutive seven day
week (Sunday to Saturday). Any hours worked in addition to a
normal 103-hour shift in a twenty-four (24) hour day will also be
paid at the rate of time and one-half.
B. All membefs wer1 b heof nZZ iv'ixrxc n 1 _w'ii1e shallv be �a;d
---r-r
at
t1 rate of time !l one l- l f fer- 11 hatifs ofke.l in e n''ee
hettr-swofked in addition to a nefffial i 2 hauf shift; ., twenty
(24) hattr- day will also be paid at the rate ef time and ene half
BQ Both parties agree that Officers cannot work overtime for their
same shift/squad while they are off on holiday, vacation or
compensatory leave.
C-D. In all cases overtime will be rounded to the nearest one-quarter
(1/4) hour.
DE. Employees are required to obtain supervisory approval prior to
extending their shift on overtime or working any overtime.
ER When the necessity for overtime arises, the department will make
all reasonable efforts to solicit volunteer(s). If no volunteers are
found, the department has the right to mandate an employee to
work the overtime.
FG. Overtime pay is based on the employee's regular rate of pay.
4. Revise Hours for De Minimis Off-Duty Contact. Section 4.4 of the CBA, entitled
"Overtime Pay for Court Appearances", is revised to amend subsection H. as
follows:
Section 4.4. Overtime for Court Appearances.
In the event that court appearances are required, the City shall attempt,
wherever possible, to schedule such appearances during an employee's
regular duty shift. Such appearances outside of the regular duty schedule
shall be compensated for as follows:
H. Non-Pre=Trial Interview Off-Duty Contacts - When officers are
contacted by Kent Police or others for official City business under
circumstances not amounting to a pre-trial interview, the
following shall apply:
1. Except for de minimis contacts, officers shall be
compensated in 15-minute intervals rounded to the next
15 minutes.
2. Officers shall not be compensated for de minimis
contacts. De minimis contacts are contacts, such as
telephone calls or messages, texts,pages, and emails, that
occur while an officer is off-duty that require the officer
to work less than seven and one-half (7.5) minutes. De
minimis contacts shall also include telephone calls or
messages, texts,pages and emails for which a response is
not immediately requested or required, or to which the
contacted officer does not respond.
3. Officers who are not on call are not required to respond
immediately to text messages, emails, pages, voicemails
or the like received during non working hours. Whenever
reasonable under the circumstances, such calls and
messages should be returned during normal working
hours to avoid unnecessary overtime.
4. The following shall not be considered de minimis
regardless of the duration of the work involved:
a) Day Shift Employees: A telephone call or
message, or text or page which is received and
answered by a day shift employee between the
hours of 8:00 1.1-90-p.m. and 4:00 5-Wa.m. shall
not constitute a de minimis contact.
b) Early Swing Shift Employees: A telephone call
or message, or text or page which is received and
answered by an early power or early swing shift
employee between the hours of 10:00 p.m. and
6:00 a.m. shall not constitute a de minimis
contact.
c) Late Swing Shift Employees: A telephone call or
message, or text or page which is received and
answered by a late swing shift employee between
the hours of 5:00 a.m. and 1:00 p.m. shall not
constitute a de minimis contact.
Grave Shift Employees: hone call or to ees: A telephone d) P Y p
message, or text or page which is received and
answered by a late power or graveyard shift
employee between the hours of 7:00 a.m. and
3:00 p.m. shall not constitute a de minimis
contact.
5. Revise Cycle for Shift Bids. Section 4.8 of the CBA, entitled "Shift Bidding", is
revised as follows:
Section 4.8. Shift Bidding
Subsection 4.8.1. Shift Assignments
A. Shift assignments for Officers and Sergeants shall be determined
by a bid system based on tenure in those positions with Kent Police
Department. The bid system shall give priority to the most senior
personnel for his or her shift assignment preference subject to the
provisions of 4.8.2.
B. Patrol Officers' tenure shall be determined from the date of hire
with Kent Police department for that time that the officer is a
commissioned Patrol Officer with Kent Police Department.
Tenure for the Sergeant shall be determined by the time in grade
as a regularly appointed Sergeant at the Kent Police Department.
Commissioned officers are not eligible to bid for shift assignments
during the initial probationary period in their rank.
C. Bids and assignments shall be made every six (6) months. The
cycle for bids/assignments shall be implemented on the first
seeef Sunday of each May—Fem=u-aff, effective with the
commencement of the day shift, and the seeen first Sunday in
November-Augtt4, effective with the commencement of the day
shift. All assignments shall remain in effect until the next bid cycle
unless it should be determined by the City that the Patrol Officer
or Sergeant shall be reassigned to a non-bid system assignment or
position during that period of time.
D. The bid process shall occur as scheduled, regardless of any
absence of a Patrol Officer or Sergeant from the Police
Department. If the individual is unable to report to work by the
second Sunday in February or the second Sunday in August, the
individual cannot participate in the bidding process for that work
cycle.
Subsection 4.8.2. Shift Bidding Process
The following provisions shall control the process of bidding and
assignment in accordance with the above guidelines:
A. Shift preference bids shall be delivered to the assigned scheduling
Patrol Commander during the established bid/assignment cycle.
B. No early or late shift preference bids shall be accepted.
C. Vacant assignments that occur after the bid deadline shall be filled
by Patrol Officers or Sergeants, as applicable, that are reassigned
after the assignment deadline to the Patrol Division of the Police
Department. Those assignments shall continue until the next
designated period for bidding.
D. Police Administration reserves the right to restrict individuals
from bidding where required by a department operating need.
E. During the bid process, the Employer will attempt to award bids
pursuant to seniority-based bidding outlined in 4.8. 1 but reserves
the right to move an employee into a shift assignment or days off
rotation slot that is less preferred by the employee based on
operating needs including, without limitation, specialty
assignments, employee performance, balancing the experience
level of the squads, good working order and cohesion of the Patrol
Division and employee hardship/special need(s) request. Moves
for the above reasons are not subject to the grievance procedure.
F. The Employer reserves the right to designate shift slots available
for bidding by each specialty assignment.
1. FTO's may only bid for designated FTO shifts to allow
for equal distribution for both sides of the schedule.
Seniority for the purpose of FTO assignment shift bidding
shall be defined as the employee's length of permanent
service as a commissioned officer with the Kent Police
Department, less any adjustments due to layoff, approved
leaves of absence without pay(unless otherwise agreed to
by the City), periods of 24 months or less between
resignation and reinstatement according to Civil Service
procedures, or other breaks in service.
2. SWAT officers may bid for any crew or side but must
allow for equal distribution for both sides of the schedule
and they can't be on the same shift. Seniority for a SWAT
officer shall be defined as the employee's length of
permanent service as a commissioned officer with the
Kent Police Department, less any adjustments due to
layoff, approved leaves of absence without pay (unless
otherwise agreed to by the City),periods of 24 months or
less between resignation and reinstatement according to
Civil Service procedures, or other breaks in service.
3. Generalist K-9 Handlers may only bid for designated
Generalist K-9 shifts to allow for equal distribution for
both sides of the schedule. Seniority for the Generalist K-
9 handlers is defined as their continuous length of service
within the specialty assignment.
G. For the rotating detective assignment, Patrol officers will be
eligible for the assignment every four (4) bid cycles in order to
provide more experience opportunity. The bid officer with the
most seniority in that eligible group will be first considered.
Notwithstanding the foregoing, if no one else bids for the rotating
detective assignment,a Patrol officer who has held the assignment
within the last four(4)bid cycles may still bid for the assignment.
Subsection 4.8.3 Shift Bidding Dates
The following is the process for the submission of bids and the assignment
of shifts:
A. Each Sergeant shall submit his or her shift preference bid no
earlier than February I or later than February 7
than Oetebef 7 and no earlier than August 1 Apf44 or later than
August 7, as applicable. All such bids must be received by the
division commander or his designee no later than 5 p.m. on the
applicable date. The shift assignments shall be posted no later than
February 14 r'^o�zor August 14Apf44-2, as applicable.
B. Each Patrol Officer shall submit his or her shift preference bid no
earlier than August 150eber>-13 or later than Au ug_st 219eteber
41-9 and no earlier than February 15Apr-il 13 or later than February
21Apf449, as applicable. All such bids must be received by the
division's commander, or designee, no later than 5 p.m. on the
applicable date. The assignments shall be posted no later than the
last day of the month in August Oetaber or February mil, as
applicable.
f
7 ( ) and twenty \ / 'Ir Oshift. This shall take effeet on the
seee
6. Revise Scheduling of Annual Leave. Section 9.2 of the CBA, entitled"Scheduling
Annual Leave," is revised as follows:
Section 9.2. Scheduling Annual Leave
Annual leave shall be granted to the employee within the following
guidelines.
A. Each shift-leave group will have tlfee-(3) four (4) slots available
for leave usage for vacation, holiday or compensatory time. 41We
(2) Three 3 of the-tlfee (3) four (4) slots will be guaranteed if
the leave requests are submitted, either through the seniority
vacation bid process or otherwise, at least thirty (30) days in
advance of the annual leave usage dates. In considering the four
slots available for leave only two of these authorized slots may be
utilized by members of an individual shift within the leave group.
The third slot requested from an individual shift, or the fourth slot
requested within the leave group, will be approved if no overtime
is needed or if the required overtime slot is filled.
B. Exceeding the maximum number of slots off per shift may be
authorized by the Division Assistant Chief, or designee.
C. This also does not preclude the supervisor from approving annual
leave requests above the maximum limits if such leave use does
not result in overtime and staffing levels are not adversely
affected.
D. For the purposes of annual leave, Days and Early Swing will be
one leave ,group, and Late Swing and Graves are recognized as a
second leave rg oupi• Both side A and side B are separate
from each other. Shifts are recognized individually according to
their start time.
7. Revise Cycle for Vacation Bids. Section 9.3 of the CBA, entitled "Vacation
Priority", is revised to amend subsection A. as follows:
Section 9.3. Vacation priority
A. Vacation Bid System.
There shall be two (2) designated periods for seniority-based
vacation bids. The first vacation bid period shall be from March 1
to March 3114evem'' ' toN n be= ?0• This bid shall allow
employees to bid for and secure, by seniority, vacation dates
within the May through October b uftFY—+'ff61d '' July shift
rotation of the following calendar year. Vacation requests from
this bid period shall supersede all other vacation requests for time
off during the May through October
rotation.
The second bid period shall be from September 1 through
September 30 . This second bid shall allow
employees to bid for and secure, by seniority, vacation dates from
the November through April shift
rotation. Vacation requests received during this bid period shall
supersede all other vacation requests for time off during the
November through April rotation.
8. Consideration for Changes. In consideration for the changes provided for by
this MOU,the parties agree to continue to negotiate in good faith on a successor
collective bargaining agreement, with the intention of completing the same on
or before December 31, 2024. However, in the event a new collective
bargaining agreement is not approved prior to, and in effect on, January 1,2025,
the parties agree that the status quo shall not continue with respect to the
following topics. Instead, the parties agree that the existing CBA, as applied on
or after January 1, 2025, shall be revised as follows:
A. Non-Accrued Time. Employees who transferred from a 12-hour
shift to a 10-hour shift, will receive a total of 20 NAT hours on
January 1, 2025, subject to use or forfeiture as provided for by the
parties' 2022-2024 CBA,
B. Annual Leave. Once an employee begins working a new 10-hour
shift under this MOU, their annual leave accruals will revert back
to the accrual rates previously provided for under Section 9.1 of
the parties' collective bargaining agreement for the time period of
January 1, 2019, through December 31, 2021. For ease of
reference, those accruals are depicted below:
Hours of Leave Accrued
Years of Employment Annually Monthly
1 st year 96 hours 8 hours
2nd through 4th year 104 hours 8.67 hours
5th year 120 hours 10 hours
6th through 7th year 128 hours 10.67 hours
8th through 9th year 136 hours 11.33 hours
10th year 144 hours 12 hours
1 lth through 14th year 152 hours 12.67 hours
15th year 168 hours 14 hours
16th through 19th year 176 hours 14.67 hours
20th through 22"d year 184 hours 15.33 hours
23rd through 25th year 192 hours 16 hours
26th year and thereafter 198 hours 16.5 hours
C. Maximum Accrual of Annual Leave. At the time an employee
begins working 10-hour shifts under this MOU, the maximum
amount of annual leave an employee may accrue under the CBA
will revert back to the maximum accrual amount previously
provided for under Section 9.4 of the parties' collective bargaining
agreement for the time period of January 1, 2019 through
December 31, 2021. As a result, on the effective date of an
employee's new 10-hour shift, any annual leave existing in an
employee's annual leave bank in excess of the maximum accrual
provided for under the parties' 2019-2021 collective bargaining
agreement will be removed from employee's annual leave bank
and placed in a separate leave bank for their use. Any leave within
this separate leave bank must be used by December 31, 2025. Any
leave remaining in this separate leave bank after 1159 hours on
December 31, 2025, will be forfeited, removed from employee's
leave bank, and become unavailable for use.
D. Sick Leave. Once an employee begins working a new 10-hour
shift under this MOU, their accrual of sick leave will revert back
to the amounts previously provided for under Section 6.2 of the
parties' collective bargaining agreement for the time period of
January 1, 2019, through December 31, 2021 (i.e., 10 hours per
month). Similarly, on that same effective date, the additional
accrual of sick leave hours provided for on January 1 of each year
shall similarly revert to that amount provided for under the 2019-
2021 collective bargaining agreement (i.e., 30 additional hours).
E. Holiday Hours. Once an employee begins working a new 10-hour
shift under this MOU, the amount of holiday hours deposited into
an employee's holiday bank will be reduced from 132 hours to 110
hours. Similarly, the personal holiday hours will be reduced from
12 hours to 10 hours. All remaining provisions in Section 7.2 of
the parties 2022-2024 CBA concerning holiday hours shall apply
with respect to these hours shall apply after December 31, 2024,
and prior to any subsequent collective bargaining agreement
taking effect.
Section 3 —Term
The City and KPOA agree this MOU shall remain in effect until the parties agree upon a successor
CBA.
Section 4 —Interpretation and Signatures
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.
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".
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.
This MOU shall be deemed executed and agreed to upon the later of both approval of the Kent
City Council and the signature of the parties below.
FOR KPOA: FOR THE CITY:
� � --
Just'n Campbell Dana Ralph
KPOA President Mayor
Date:_ /ba 12el Date: 02/08/2024
Greg J Holly ey-Smith
KP V' e President Director of Human Reso rces
Date: c�7 OcZ Date:
Rafaelfadilla
Police Chief
Date:
APPRCOED AS TO FORM:
am y W. ite
tv Attorr ey
Date: 2/6/ 4