HomeMy WebLinkAboutCAG2022-168 - Supplement - Kent Police Officers Association (KPOA) - Police Assistant Chiefs and Commanders MOU re: 10 Hour Shifts - 05/12/2024 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 05/20/2024 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 Type: N/A
Vendor Name: Category:
Kent Police Officers Association (KPOA) Labor
Vendor Number: Sub-Category:
Supplement
0
Project Name:
OProject Details: MOU re: 10 hour shift - AC & Commander
C
40
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Agreement Amount N/A Basis for Selection of Contractor:
*Memo to Mayor must be attached .1111
Start Date: 15/12/2024 Termination Date: 12/31/2024
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 CAG2022-168
Comments:
OK to sign, 5/20/2024, TW.
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Date Received:City Attorney: 5/20/24 Date Routed:Mayor's Offic4 5/21/24 City Clerk's Office 5/22/24 4
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 ASSISTANT CHIEFS AND COMMANDERS
Regarding
Schedule Change and Related Impacts
This Memorandum of Understanding ("MOU'7 is entered into by and between the City
of Kent (the"City") and the Kent Police Officers Association ("KPOA") representing
the Police Assistant Chiefs and Commanders bargaining unit regarding a work
schedule change and related impacts.
Section 1 — 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 multiple times, regarding a mutual desire to revert back
to 10-hourshifts to add ress concerns among staff about the impacts associated with
the Kent Police Departments ("Department") current 12-hour shift under the
Sergeant and Officers Collective Bargaining Agreement. The parties discussed and
negotiated the impacts of a reversion back to 10-hourshifts during these meetings.
The purpose of this MOU is to make changes to the Assistant Chiefs and Commanders
contract that closely match the MOU signed by KPOA and the City concerning the
Sergeants and Officers Collective Bargaining Agreement on February 8, 2024.
Section 2 Terms and Conditions
The City and the KPOA hereby agree to the following revisions of the CBA as follows:
1. Chance tg j 0-Hour Shift. Effective May 12, 2024, a 10-hour work shift
shall be deemed added to the CBA. On May 12, 2024, Patrol
Commanders will transition from their existing 12-hourshiftto the new
10-hourshift underthe four ten-hourworkday schedule provided for in
Section 4.10 of the CBA, as amended by this MOU.
For purposes of this MOU, the term "CBA" refers to the City's CBA with the KPOA Assistant Chiefs and
Commanders'bargaining unit,which is dated April 28,2022.
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2 . Beginning May 12,2024,and continuing until the
parties enter into a succeseC�lcollective f the bargaining
entgreement that itled"Workday and
effect January 1, 2025,
Work Week", shall provide as follows:
ge t; n 4.1 Workday and Work Week
Command personnel will align their workdays with a majority of
their personnel.
A temporary adjustment to an employee's regularschedule may
be made by the Chief of Police for a special or significant event
or operation in the city.
AkkWatag hiefs
Recognizing that flexibility Is required in the scheduling of
assignments for command personnel, the normal work week
shall be the equivalent of forty (40) hours per week on an
annualized basis. The normal work schedule shall eitherbe five
eight-hour days(5/8s)or the nine-eighty(9-80) schedule. The
determination of which schedulean employee will work shall be
made by the employee. The parties agree that Assistant Chiefs
will work with the Chief to make certain that flex schedules will
be coordinated to ensure adequate operational coverage.
Lomm
Recognizing that flexibility is required in the scheduling of
assignments for command personnel, the normal work week
shall be the equivalent of forty (40) hours per week on an
annualized basis. The normal work schedule shall eitherbe five
eight-hourdays(5/8s),fourten-hourdays(4/10s),orthe nine-
eighty(9-80)schedule.The determination of which schedule an
employee will work shall be made by the employee; provided,
Patrol Commanders shall work the four ten-hour days (4/10s)
schedule.
3. Gonsideratlon for G anaes. In consideration for the schedule changes
provided for through this MOU, the parties agree to continue to negotiate
in good faith on a successor collective bargaining agreement to take effect
on January 1, 2025,with the intention of completing the same on or before
December 31, 2024.In addition,
parties following
enterprovisions
to a successor apply
collectve
dates provided below, unless
bargaining agreement that includes different terms:
A. Cxecutive _el aye. Section 4.of h t C BC, nutlete the "Executive Division
Leave", is amended to provideo
begins working the new 10-hour shift, all employees will
receive an additional 10 hours of executive leave, which
increases the total executive leave provided for underthe CBA
to 30 hours. Further,the proration rate provided for In Section
4.2 of the CBA is revised from 0.83333 hours perpay period to
1.25 hours per pay period. All other provisions within Section
4.2 of the CBA shall continue to apply.
B. Non-Accrued Time. Section 4.5 of the CBA, entitled "Non
Accrued time" is amended to provide that all employees who
did not receive NAT hours on January 1, 2024, will receive a
total of 20 NAT hours on the signing of this MOU,which will be
available forcash-out at the end of the year.Further,beginning
January 1, 2025,all employees, including Patrol Commanders,
will receive 20 NAT hours In lieu of the hours currently provided
for by Section 4.5 of the CBA, if a successor CBA is not entered
Into prior to that date that provides otherwise. All other
provisions within Section 4.5 of the CBA shall continue to apply,
Including those provisions concerning carryover and cash-out
of NAT hours.
C. Leay�.Once the Patrol Division begins working the new
10-hourshift,all employees annual leave accruals will change
to the following accruals;
k#ours of Leave ACCrued
Years of EmaI A_ M4 IWX
ist year 96 hours 8 hours
2nd through 4th year 104 hours 8.10 67 hours
5th year 120 hours
rs
6th through 7th year 128 hours 10.67 hours
8th through 9th year 136 hours 11.33 hours
loth year 144 hours 12 hours
11th through 14th year 156 hours 13 hours
15th year 168 hours 14 hours
16th through 19th year 180 hours 15 hours
20th through 22nd year 192 hours 16 16,hours
hours
23rd through 25th year 198 hours
26th year and thereafter 204 hours 17 hours
D. Maxi„ .,, AyrrtiAl of gnn21al Leave. Once the Patrol
Division begins working the new 10-hour shift,the annual
accrual rate for purposes of calculating the maximum
accrual authorized under5ection 9.1 of the CBA shall be
based upon the annual accrual rate provided for in
Section 3(C) of this MOU.
Asa result,on the date the Patrol Division begins working
the new 10-hour shift, any annual leave existing in an
employee's annual leave bank in excess of the maximum
accrual provided for under Section 9.2 of the CBA will be
removed from employee's annual leave bank and placed
In a separate leave bank for their use. Any leave placed
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.
E. 5tck Leave. Once the Patrol Division begins working the
new 10-hour shift, sick leave accrual will revert back to
the provision previously provided for underSection 6.1 of
the parties'collective bargaining agreementfor the time
period of January 1, 2019,through December 31, 2021.
For ease of reference, that provision is restated below:
Section 6.1,Sick L eave Accrual.Officers hired
by the City on or after 10/01/77 shall accrue sick
leave at the rate of ten (10) hours per month. In
addition, their sick leave account shall be
credited with 30 additional hours on January 1 of
each year. Employees hired after January 1 of
any calendar year shall receive the additional
hours on a prorated basis. However, under no
condition will an employee's accrual exceed
1,190 hours. (See Section 6.4).
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
it ty shallbey drafted this interpret d evenly,Iy,U. In the eventof
and not for or
an ambiguity in any term in this MOU
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.
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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:
JustA Campbell Dana Ralph
KPOA President Mayor
Date: S/9� Date: 05/21/2024
Greg Jag Holly y-Smith
KPOA Vice Presic ent Director of Human fResour es
Date: 1 Er 4�c� `� Date: !:A 1 �-
Rafael Pradilla
Police Chiefs�,� ,y�a�
Date:
APPRO /-D A TO FORM:
T m +y VA hit
City Attorr
Date: 05/20/2024
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