HomeMy WebLinkAboutAG 17-009I
IRETURN TO: „p /L.�► EXT: 2 2 a
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: L( /Y1 "? l $,tl_I'GLS
ORIGINATING STAFF PERSON: JeQ,./1 EXT: c 5 3a" 3. DATE REQ. BY:
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
gRDINANCE
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CONTRACTAMENDMENT(AG#): /7. 9a
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PROJECT NAME: PO C4 �1� vvh
G, RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
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NAME OF CONTRACTOR: P55 fT
ADDRESS:
E-MAIL:
SIGNATURE NAME:
TELEPHONE
FAX:
TITLE
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: Q //O / /94 / 6 COMPLETION DATE: 1 a'3 1 l a0 I g
TOTAL COMPENSATION $ - (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES ❑ NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
O PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
O PROJECT MANAGER
❑ DIRECTOR
O RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APPROVAL (IF APPLICABLE)
-Mac-
SCHEDULED
-
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
O LAW DEPARTMENT
SIGNATORY (MAYOR OR DIRECTOR)
CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED D
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E SENT: -0 -t8
;OMMENTS:
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MEMORANDUM OF UNDERSTANDING
WHEREAS, the Federal Way Police Support Services Association (hereinafter referred
to as the "Association") and the City of Federal Way (hereinafter referred to as the "City") have
been and are signatory to a January 1, 2016 through December 31, 2018 collective bargaining
agreement, setting forth the wages, hours, and other terms and conditions of employment for
members of the bargaining unit represent by the Union; and
WHEREAS, effective January 1, 2018, Chapter 49.46 RCW — Minimum Wage Act
implements new minimum standards for providing paid sick leave at a rate of one hour of paid
sick leave for every 40 hours worked; and
WHEREAS, Chapter 49.46 RCW prohibits discrimination of any kind against employees
using sick leave authorized under the chapter; and
WHEREAS, currently all employees represented by the Association accrue sick leave at
rates that greatly exceed those required by Chapter 49.46 RCW; and
WHEREAS, the City has established a policy to track those paid sick leave hours
required by Chapter 49.46 RCW separately from sick leave hours historically provided by the
City; and
NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO,
in consideration of the mutual promises contained herein and other good and valuable
consideration, that:
Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington
Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington
Paid Sick Leave is available to Association members to care for their health and the
health of their family members.
Washington Paid Sick Leave may be used for: an employee's mental or physical illness,
injury or health condition; preventive care such as a medical, dental or optical
appointments and/or treatment; care of a family member with an illness, injury health
condition and/or preventive care such as a medical, dental, optical appointment; closure
of the employee's place of business or child's school/place of care by order of a public
official for any health-related reasons; and when the employee or the employee's family
member is a victim of domestic violence, sexual assault, or stalking.
Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or
stalking includes: seeking legal or law enforcement assistance or remedies to ensure the
health and safety of employee's and their family members including, but not limited to,
preparing for, or participating in, any civil or criminal legal proceeding related to or
derived from domestic violence, sexual assault or stalking; seeking treatment by a health
care provider for physical or mental injuries caused by domestic violence, sexual assault,
or stalking; attending health care treatment for a victim who is the employee's family
member; obtaining. or assisting the employee's family member(s) in obtaining, services
from a domestic violence shelter, a rape crisis center, or a social services program for
relief from domestic violence, sexual assault or stalking; obtaining, or assisting a family
member in obtaining, mental health counseling related to an incident of domestic
violence, sexual assault or stalking in which the employee or the employee's family
member was a victim of domestic violence, sexual assault or stalking; and, participating,
for the employee or for the employee's family member(s), in safety planning, or
temporary or permanent relocation, or other actions to increase the safety from future
incidents of domestic violence, sexual assault, or stalking.
For purposes of Washington Paid Sick Leave, "family member" is defined as: a
biological, adopted, or foster child, stepchild, or a child to whom the employee stands in
loco parentis or legal guardian, or is a de facto parent, regardless of age or dependency
status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an
employee or the employee's spouse or domestic partner, or a person who stood in loco
parentis when the employee was a minor child; a spouse, domestic partner, grandparent,
grandchild or sibling.
Accrual
As established by law, an employee shall accrue one (1) hour of Washington Paid Sick
Leave for every forty (40) hours worked. Washington Paid Sick Leave will accrue in
conjunction with regular sick leave according to the collective bargaining agreement.
Carry Forward
The total sick leave hours that will be carried forward at year-end, for both standard sick
leave and Washington Paid Sick leave, will be seven hundred sixty (760) hours. This
will include a maximum of forty (40) hours of Washington Paid Sick Leave as provided
by law. If an employee is not at the maximum carry forward of seven hundred sixty
(760) hours, any hours of Washington Paid Sick Leave in excess of the forty (40) hour
carry forward amount will be transferred to the City sick leave bank, so that employee
does not lose hours that they previously would have banked prior to the establishment of
Washington Paid Sick Leave. In no case will more than a combined total of seven
hundred sixty (760) hours be carried forward.
Verification for Absences Exceeding Three Days
If an employee is seeking to use or has used Washington Paid Sick Leave for authorized
purposes for more than three (3) consecutive days during which the employee is/was
required to work, the employee may be required to provide documentation that
establishes or confirms that the use of paid sick leave is for an authorized purpose.
Reinstatement of Employment
Employees separating or retiring from employment will not be provided with financial or
other reimbursement for unused, accrued Washington State Paid Sick Leave. if an
employee leaves employment and is rehired within twelve (12) months of separation, any
accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank.
Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty
(40) hours carry over provided that the employee had forty (40) or more hours banked
upon separation.
Retaliation Prohibited
Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against
an employee for lawful exercise of paid sick leave rights is prohibited. Employees will
not be disciplined for the lawful use of Washington Paid Sick Leave.
Article 6.2 — Sick Leave Incentive.
Because RCW 49.46.210(4) prohibits discrimination or retaliation against an employee
for his or her use of Washington State Paid Sick Leave, the City is discontinuing its sick
leave incentive program for all employees. Article 6.2 of the collective bargaining
agreement is hereby stricken. In exchange for the removal of the sick leave incentive,
current employees at the time of the execution of this MOU that are represented by the
Union and were eligible for the sick leave incentive program will receive a one-time bank
of eight (8) hours to their vacation leave during the next regularly scheduled pay period
following the execution of this MOU.
The Parties agree that except where this Memorandum of Understanding, current state law, or
federal law conflicts with the January 1, 2016 through December 31, 2018 collective bargaining
agreement, the collective bargaining agreement remains in full force and effect.
IN WITNESS WHEREOF, we have set our hands this 519 day of Aire/ , 2018.
POLICE SUPPORT SERVICES
ASSOCIATION:
Karen Grossn
le, President
CITY OF FEDERALWAY:
Funt-
1 M PEEWELL
im Ferrell Mayor y11 0
I RETURN TO: S_ f Qn ! e EXT: a5 3
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
41-t- rYI.QJ- 6C,50 u r L3
2. ORIGINATING STAFF PERSON: j tri ?GI.�L EXT: o253 3. DATE REQ. BY: D 1),:g1,43-0 !'?
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL
OTHER
5. PROJECT NAME: 1�QL GG .5v/0.4-Sereloc.Ci ASs J7hI, (e55/0 atif 13t14.111
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
E -MAIL: FAX:
SIGNATURE NAME: TITLE
PS511 a_ecze.4 07‘4
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: ia f / b ! /GU / G COMPLETION DATE: /(2-13/ /x ig
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
REIMBURSABLE EXPENSE: ❑ YES
IS SALES TAX OWED ❑ YES
RETAINAGE: RETAINAGE AMOUNT:
❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE)
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR
❑ ATTACH: SIGNATURE AUTHORITY,
'LAW DEPARTMENT
j:KSIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
COMMENTS:
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE: 0' I7 '/
DATE SENT: DATE REC'D:
INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DAT SI NED
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40= curirtrarartzsrr
AG# 11- QQq
DATE SENT: Ot -WO -1 �-
CITY OF FEDERAL WAY
AND
POLICE SUPPORT SERVICES ASSOCIATION
PREAMBLE
The collective bargaining agreement (the Agreement) herein contains the entire
agreement between Federal Way Police Support Services Association (hereinafter
called the Association) and the City of Federal Way, Washington (hereinafter known as
the City). The purpose of the City and Association in entering into this agreement is to
set forth their complete agreement with regard to wages, hours and working conditions
for the employees in the bargaining unit.
ARTICLE I - RECOGNITION AND BARGAINING UNIT
Section 1.1 Recognition of the Unit
The City recognizes the Association as the sole and exclusive bargaining representative
for the bargaining unit described as all full time and regular part -time special
commission and non - commissioned employees as listed in Appendix A of the City of
Federal Way Police Department, excluding supervisors, confidential employees and all
other employees. The Association agrees that Records Supervisors shall be excluded
from the bargaining unit.
Section 1.2 Bulletin Board
The City shall permit the use of a bulletin board by the Association for the posting of
notices relating to official Association business, so long as the notices posted are not
inflammatory or otherwise detrimental to the operation of the Department.
Section 1.3 Association Officials Release Time
A. Time off with pay shall be limited to regular negotiations sessions between the
City and the Association negotiating team members during their scheduled duty
hours, up to a limit of three members off with pay at a time.
B. The Department shall afford Association representatives a reasonable
amount of time while on -duty to consult with appropriate management
officials, Association counsel and /or aggrieved employees, provided that
the Association representatives and /or aggrieved employees contact their
immediate supervisors, indicate the general nature of the business to be
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
1
conducted, and request the necessary time off. Such time off will not be allowed
whenever the City reasonably determines it will interfere with Department
operations, and Association representatives shall not use excessive time in
handling such responsibilities. The Association shall give the City as much
advance notice as reasonably possible of such time off requests.
ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION
Section 2.1 Dues Deduction
The parties agree to the following:
2.1.1 The deduction of monthly dues uniformly levied by the Association for
those employees who elect to become members of the Association and who
request in writing to have their regular monthly Association dues deduction
checked off on the basis of individually signed voluntary check -off authorization
cards;
2.1.2 All employees who elect not to become members of the Association shall,
in lieu of Association membership, as a condition of employment, pay to the
Association a regular monthly service fee equal to the Association dues schedule
in effect for that employee as a monthly contribution towards the administration of
this agreement. Such fees shall not exceed the maximum agency fee allowed by
law. Employees failing to honor their union security obligations shall be
discharged after thirty (30) days written notice, at the request of the Association;
2.1.3 Each month, the City shall remit to the Association, all dues deducted
together with a list of employees and the amount deducted from each employee.
The City agrees to notify the Association of new employees within thirty (30)
calendar days of the date of hire.
2.1.4 Hold Harmless. The Association agrees to defend, indemnify and hold
the City, its officers, directors, employees and agents harmless from any and all
claims, demands, actions, and liabilities (including attorney's fees) arising from
resulting from or connected with the City's compliance with this Article.
ARTICLE 3 - EMPLOYMENT PRACTICES
Section 3.1 Seniority Definition
For purposes of shift bidding, vacation bids, and layoff and recall, seniority shall be
defined as the employee's length of continuous service within their classification. For all
other purposes, seniority shall be defined as the employee's length of continuous
service with the City's police department. Seniority shall be broken by resignation,
termination for cause, layoff without recall for a period of 12 consecutive months, illness,
injury or other leave of twelve (12) consecutive months.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
2
Section 3.2 Layoff
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees in this unit, the following basic
provisions will apply:
A. Order of layoff shall be determined by job classification. Regular employees will
be retained on the basis of job performance. Relative job performance will be
determined based upon relative qualifications, experience, and job performance
evaluations. If job performance is equal, seniority in the classification will be the
determinative factor.
B. Employees affected by the reduction in force shall receive thirty (30) calendar
days notice of such layoff, or pay in lieu thereof.
Section 3.3 Establishment of Reinstatement Register
A. The names of employees who have been laid off shall be placed upon a
reinstatement register for the same classification from which laid off. This
reinstatement register shall be in effect for one (1) year from the date of layoff,
and shall take priority over other hiring or promotional lists.
B. Refusal to accept a recall from the reinstatement register for employee's former
classification shall terminate all rights granted under this Agreement, and the
employee shall be removed from the register.
C. Order of Reinstatement. If a vacancy is to be filled from the reinstatement
register, recall shall be made on the basis of length of service within the
classification. The regular employee on such register who has the most service
credit shall be first reinstated.
Section 3.4 Employment Status When Reinstated
In the event a employee leaves the service of the City due to a reduction in force and
within the next year the City rehires said former employee in the same classification to
which assigned at the date of reduction, such employee shall be placed at the step in
the salary range which the employee occupied at the time of the reduction.
Section 3.5 Non discrimination
It is agreed that the City will not discriminate on the basis of age, sex, marital status,
race, creed, color, religion, national origin, ancestry, disability or activity protected by
RCW 41.56.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
3
Section 3.6 Personnel Files
All personnel records are maintained in compliance with the laws related to public
records. Each employee is entitled to review and have photocopied his or her
personnel file and /or police department personnel file. An employee shall have an
opportunity to submit a letter to the file, responding to or supplementing information
contained in his or her file.
Upon receiving a request for all or part of a personnel file, the affected employee shall
be notified of the request, and the information shall not be released for a period of three
(3) business days from the time of said notification, except upon service of a court order
or subpoena properly recorded and signed by a judge or magistrate demanding
immediate release.
Section 3.7 Employment References
Unless otherwise required by a valid court order or by law, at the written request of the
subject employee, or whenever the employee provides a written release to the
prospective employer, the City will furnish prospective employers with only the following
information about past or present employees to persons outside the City of Federal
Way:
• Dates of employment.
• Current job title or job title at the date of separation.
• Verification of salary information.
A copy of all requests for any information regarding past or present City employees
shall be sent to Human Resources.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4.1 Hours of Work
The normal work schedule for employees covered by this agreement shall not exceed
40 hours of work in a seven (7) consecutive day period. The work week will commence
at the beginning of day shift on Sunday and end with completion of Saturday night's
graveyard shift. Where reasonably possible, the employee's work schedule shall be
posted at least thirty (30) days prior to the beginning of the applicable work period.
The normal work schedule for all employees covered by this Agreement shall be
designed with a 30 minute paid lunch period. The City will work in good faith with the
Association and employees to ensure that employees are able to receive their meal
period.
The work schedule shall be four consecutive ten (10) hour shifts followed by three (3)
consecutive days off. Provided, this work schedule may be altered by mutual
agreement between the City, the Association and the employee.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
4
The hours of work for the Animal Services officers shall be four consecutive ten (10)
hour shifts followed by three (3) consecutive days off. Provided, that the following
conditions apply:
A. These hours and days of the 4/10 schedule shall be determined by
management;
B. If an Animal Services Officer is going to be unavailable for an extended period
of time (40 hours or more) for any reason including but not limited to sick
leave, vacation leave, or training, management will have the right to move the
remaining Officer back to a 5/8 schedule during the period in which only one
Officer is available;
C. All other provisions in Section 4 apply.
Scheduling changes may be made where there is a reasonable operational need.
Mutual agreement is required before changes to the length of shift in a classification.
Except in emergencies, the employer will provide a minimum of seven (7) days notice
before any schedule change. Employees shall receive one and one half the regular rate
of pay for all mandatory shift changes with less than seven (7) days notice, through the
notice period. The Employer will bargain with the Union before implementing any
schedule configuration other than ten hour shift.
Section 4.2 Overtime
A. All overtime shall be compensated at a rate of one and one -half (1.5) times the
employee's regular hourly rate. Overtime is defined as hours worked, together
with holiday, vacation, sick leave or compensatory time hours, in excess of:
1. the regularly scheduled shift for full time regular employees within a
twenty -four (24) hour period OR;
2. over eight (8) hours per day for part time regular employees OR;
3. over forty (40) hours in a seven (7) day week.
B. In all cases overtime will be computed to the nearest one - quarter (1/4) hour.
C. Overtime and premium pays shall not be duplicated or pyramided. Compensation
shall not be paid more than once for the same hours under the provisions of this
Agreement.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
5
Section 4.3 Comp Time in Lieu of Pay for Overtime
Upon receiving concurrence of the City, an employee may elect to receive
compensatory time in lieu of overtime pay. Compensatory time is accrued at the rate of
one and one -half (1.5) hours for each hour of overtime worked. Compensatory time
may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of
eighty (80) will be paid as overtime. Upon termination, unused compensatory time will
be paid at the current rate on the final paycheck.
Section 4.4 Overtime Minimum - CaII Back /Court Time
Employees "called back" to work (including court appearances on behalf of the City)
shall receive a minimum of two (2) hours pay at one and one half time the regular rate
for the work for which they were called back. Call back occurs when the employee has
finished his /her last regular shift but before beginning the next regular shift with less
than twelve hours notice; or when requiring an employee to report on his /her day off.
When an employee, not scheduled for call back, is called with less than one hour notice
the pay calculation shall begin from the period when the employee is notified. When an
employee, not scheduled for call back, is called with more than one hour notice but less
than twelve hours notice the pay calculation shall begin from the time the employee
leaves his /her residence. When an employee is scheduled for call back or receives
more than twelve hours notice the pay calculation shall begin when the employee
actually reports for work. Employees called back may be required to perform other
duties for the duration of the minimum guarantee if the duty necessitating the call back
does not take the full two hours.
Section 4.5 Shift Bidding
A. Records specialists shall be allowed to bid for shifts within their respective
classifications by seniority. The bid cycle shall be for a period of one year, as
determined by the City. Bidding for shifts will commence in October of each year
for shifts effective January 1st of the next year. The City reserves the right to
assign or transfer an employee from one shift to another, where reasonably
required by operational considerations.
B. If there is a vacancy at the time of shift bid, the vacancy will be identified by
management. The identified vacant shift is unavailable for bid; however,
consideration will be gien to those members who make their interest known when
submitting their bid (i.e. my bid is graveyard but would prefer vacant late0mid
shift). When fully staffed, the Records members who have demonstrated interest
in the vacant shift will receive first consideration by seniority.
C. Management has the authority to adjust shifts for operation purposes.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
6
ARTICLE 5 — MANAGEMENT RIGHTS
Section 5.1. The Association recognizes the right of the City to operate and manage
its affairs in all respects in accordance with its lawful authority. The City retains the
authority that the City has not expressly delegated or modified by this Agreement.
Section 5.2. Management rights and responsibilities shall include, but are not limited
to, the following examples:
1. The City and the Department shall retain all rights and authority to which
by law they are entitled.
2. The City shall have the authority to organize and reorganize the
operations within the Department.
3. The Association recognizes the right of the Department to enforce the
Department Rules and Regulations, and operational procedures and
guidelines.
4. The City has the exclusive right to schedule work and overtime work as
required in the manner most advantageous to the City, consistent with the
applicable provisions of this Agreement.
5. The City has the right to assess an employee's performance of their job.
6. The City has the right to:
a. discipline, demote, suspend, and discharge non - probationary
employees for just cause. Scheduling of disciplinary days off will
be at the convenience of Department operations.
to discharge probationary employees for any reason. Employees
who are discharged before completing their probationary period
shall not have access to the grievance procedures of this
Agreement to protest or challenge the discharge or the reasons
therefor.
c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain
employees.
d. to lay off employees for lack of work or funds or other legitimate
reasons.
The City has the right to determine business hours, to determine the
starting and quitting times, and to discontinue work that would be wasteful
or unproductive.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
7
8. The City has the right to control the Police Department budget.
9. The City has the right to determine the methods, location, means and
processes by which work shall be accomplished.
10. The City shall have the right to take any and all actions necessary in the
event of an emergency.
Section 5.3. The parties recognize the City may perceive a need to make operational
changes in areas that are not covered by the above management responsibilities, and
that are not otherwise explicitly covered by this Agreement. In the event the City
desires to make such a change (in a mandatory subject of bargaining) the City shall
give the Association at least ten (10) days notice of the desired change. The
Association may request bargaining of the issue, and the City thereafter will meet with
the Association in an effort to resolve the issue. Should resolution not be achieved,
either party may request the assistance of a PERC mediator and the parties will
mediate for a period of thirty (30) days. Ultimately, the City may implement the change,
after bargaining in good faith and impasse is reached.
ARTICLE 6 - SICK LEAVE
Section 6.1 Accrual and Usage
Sick leave shall be accrued by regular, full -time employees at the rate of eight (8) hours
per month. Regular, part-time employees shall accrue sick leave on a pro -rated basis in
the same percentage as the employee's average weekly scheduled hours relate to a
forty (40) hour week. An employee may accrue up to 720 hours in his or her sick leave
account.
Sick leave is to be used in cases of illness, accident or other conditions which require
medical treatment or supervision and require an employee to be absent from work. Sick
leave may be used to care for an employee's own health condition, to care for a
dependent child (including dependent step -child or foster child) under the age of
eighteen (18) with a health condition that requires treatment or supervision, a spouse,
parent, parent -in -law, or grandparent of the employee who has a serious health
condition or as more particularly established in WAC 296 -130. Sick leave may also be
used for the care, treatment and preventative health care of the employee and
dependents. The parties agree that sick leave should not be abused, and that such
abuse is cause for discipline.
Section 6.2 Sick Leave Incentive
Any non - exempt employee who has an accumulated sick leave balance of at least 100
hours on December 31 of each year and has used 24 or fewer hours of sick leave
during that calendar year will be eligible to receive 24 hours of additional vacation
accrual the following year. A non - exempt employee whose only use of sick leave was a
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
8
donation of accrued sick leave as provided under the City's guidelines for shared leave
is eligible to receive the sick leave incentive.
Section 6.3 Domestic Partner
A person whom a City employee identifies as his or her domestic partner by completing
an Affidavit of Domestic Partnership will be provided the same consideration as an
employee's "spouse" for purposes of this Agreement.
ARTICLE 7 — HOLIDAYS
Section 7.1. Holidays Observed
On January 1st of each year, the City shall bank (provide) one hundred sixteen (116)
hours of holiday pay for each bargaining unit employee. Following are the official
observed holidays:
For employees hired after January 1st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1st during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31st of any
given year, the City may deduct banked hours credited to the employee's holiday pay
bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs
prior to July 1st of that year.
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Commonly Called
First day of January
New Year's Day
Third Monday of January
Martin Luther King Day
Third Monday of February
President's Day
Last Monday of May
Memorial Day
Fourth day of July
Independence Day
First Monday of September
Labor Day
11th Day of November
Veteran's Day
Fourth Thursday of November
Thanksgiving Day
Friday following
Day after Thanksgiving
25th day of December
Christmas Day
2 Floating Holidays
For employees hired after January 1st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1st during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31st of any
given year, the City may deduct banked hours credited to the employee's holiday pay
bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs
prior to July 1st of that year.
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Section 7.2 The decision of whether an employee will be required to work on an
observed holiday will be made by the City. An employee who is required to work on an
observed holiday as set forth above shall receive his /her regular rate of pay for hours
worked, except that, an employee who is required to work on either Thanksgiving,
Christmas, New Year's Day or an additional day each year to be designated by the City
prior to December 1 of the previous year, shall be paid at time and one half for all hours
worked.
Section 7.3 All employees shall make reasonable efforts to expend their banked
holiday hours prior to the end of each year (December 31). Employees may use their
banked holiday hours in increments no smaller than two hours, and shall use all banked
holiday hours prior to using any vacation hours. Banked holiday hours shall be used on
a first earned, first out (FIFO) basis.
In the event an employee does not use all of his /her banked holiday hours prior to
December 31, the employee will forfeit the remaining banked holiday hours, except that
an employee may carryover unused banked holiday hours until June 30 of the following
year, if:
A. the employee makes a reasonable effort to use his /her banked holiday
hours /pay, the employee is denied the opportunity to use banked holiday
hours /pay by his /her supervisor, and the employee has written
documentation of said effort in the form of completed Department leave
request forms reflecting that the use of banked holiday hours /pay had
been denied by the employee's supervisor, and /or
B. the employee was prevented from using banked holiday hours /pay
because of approved leave resulting from military service, long term
disability, work related injury, or a similar reason.
If an employee is unable to schedule banked carry-over time to be used by June 30th of
the following year, the Deputy Chief shall attempt to schedule the banked carry-over
time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked
carry-over time by June 30th of that year, the City shall, upon the employee's next
regularly scheduled payday, cash out the hours that cannot be further carried -over
under these provisions at the employee's then - current rate of pay.
An employee whose work schedule is other than an eight -hour day may use accrued
vacation leave or compensatory time to supplement the holiday pay in order to receive
the entire workday off with pay.
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ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1 General Policy
A. The City recognizes the need to encourage and promote educational
opportunities for employees. The City will reimburse personnel for costs incurred
in receiving approved education upon satisfactory completion of such education
to the extent covered by the City's education reimbursement policy. Eligible costs
include:
1. Tuition; and
2. Books.
B. If an employee is attending an accredited State institution, the employee shall be
reimbursed based upon that institution's tuition schedule. If an employee is
attending a non -State supported institution, the employee shall be reimbursed on
the basis of the University of Washington tuition schedule.
Any and all education assistance reimbursement is suspended indefinitely.
C. Continuing Education Incentive
AA- $40.00 per month
BA- $80.00 per month
In order to receive this premium, the degree must be in a field of study related to
the employee's assignment, as reasonably determined by the Department. In
addition the employee must fulfill a continuing education requirement of at least
one Department approved college class per year or 20 hours of pre- approved
specialized training over and above Department mandated training. The decision
of whether to attain this incentive is discretionary with the employee, and all time
spent travelling to and attending classes shall be on the employee's own time.
The City's education reimbursement program shall apply to the Association, and
should the City fail to fund the program, such that the employee can not receive
reimbursement for the tuition, the continuing education requirement shall be
waived for that year.
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ARTICLE 9 — VACATION
Section 9.1 Vacation
Members of the bargaining unit shall receive annual leave benefits as follows:
ANNUAL
COMPLETION OF: VACATION HOURS:
Through end of year 5
Upon beginning of year 6
Upon beginning of year 11
Upon beginning of year 16
Upon beginning of year 21
96 hours
132 hours
150 hours
180 hours
204 hours
Section 9.2 Scheduling Annual Leave — Seniority Basis
During January, the Department shall conduct a bid for vacations for the following year.
The bid shall be by seniority, and conducted by division and shift. All vacation bid
requests shall be for work weeks. Vacation requests submitted subsequent to the
vacation bid shall be considered dependent upon Department needs on a first, come
first served basis. The City shall make the determination of how many employees may
be on vacation at any one time.
If the City cancels vacation once it has been approved and the affected employee has
incurred non - refundable expenses in planning for the same, the employee shall be
reimbursed by the City for those expenses. Any employee called back to duty once
vacation has begun shall be reimbursed for any additional transportation costs incurred
in returning to duty.
Section 9.3 Payout
Upon separation, all vacation hours accrued will be paid at the regular rate of pay.
Section 9.4 Maximum Accrual
A. An employee may not carry over to each subsequent calendar year more than
two hundred forty (240) hours of vacation.
B. Upon the effective date of the termination of an employee's employment, such
employee shall thereupon be entitled to a sum of money equal to the employee's
current straight -time hourly rate for any accrued unused vacation leave time,
which shall be paid on the employee's final paycheck, up to two hundred forty
(240) hours maximum.
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C. The City will schedule vacations, consistent with Department needs and
coverage.
Section 9.5 Service Leave.
Regular employees will be provided a one -time accrual of 40 hours (pro -rated for
regular part-time employees) of vacation leave after each consecutive 10 year period of
continuous employment (i.e. after 10 years, 20 years, 30 years, etc.).
ARTICLE 10 — PENSIONS
Pensions for employees and contributions to pension funds will be governed by
Washington State Statute.
ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES
Section 11.1 Bereavement.
Employees may take up to thirty (30) hours of bereavement leave for a death in the
employee's immediate family. For purposes of this section immediate family is defined
as a spouse, siblings, children, grandparents, grandchildren, in -laws, parents, aunts,
and uncles. At it's option, the Employer may construe this definition more broadly to
include other persons living in the employee's household, or to established relationships
having attributes to familial ties. With advance Department Director approval, up to an
additional fifty -six (56) hours of sick leave may be utilized in these situations.
With Department Director approval, an employee may use sick leave, not to exceed
eight (8) hours, to attend the funeral of close friends or other relatives.
Section 11.2 Personal Leaves
A personal leave of absence is a privilege the City may extend to qualified regular full -
time and regular part-time employees for specific periods of time under certain
circumstances. It allows an employee to take time off from work for personal reasons
(see also 11.5 Military Duty). All such leaves are taken without pay.
A leave of absence must be requested in writing and submitted to the employee's
immediate supervisor and department director for a recommendation as soon as the
need for such a leave is known. The department director shall then forward the request
to Human Resources for review. Only the Mayor may grant or deny any such personal
leave requested. The employee may request or may be required by the City to use
accrued vacation or compensatory time to offset loss of pay during the leave. No
benefits such as vacation or sick leave are earned while on unpaid leave. Employees
on leave may return early from leave if they notify the supervisor in advance. Failure to
return from leave on or before the agreed upon date, however, will result in termination.
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An unpaid leave of more than thirty (30) calendar days will affect an employee's review
dates. These days will be adjusted forward until the employee has completed as many
days of continuous employment as the length of the leave of absence.
An employee normally will be assured of returning to his or her position for a leave of
absence of one hundred eighty (180) days or less in duration. Because of staffing
requirements, however, it may be necessary to fill the current position for a leave of
absence in excess of one hundred eighty (180) days. In this event, efforts will be made
to place the employee in an available, open, comparable position.
During any unpaid leave of one hundred eighty (180) days or less, an employee may
continue his or her group insurance coverage by prepaying on a monthly basis the
premium plus two percent (2 %) during any affected period of the leave.
Sick leave accrual shall not be used for non - medical leaves of absence.
Section 11.3 Leave of Absence — Medical — Non -FMLA
Medical leaves of absence may be granted for regular full -time and regular part-time
employees who are unable to perform their job duties due to an illness or an accident
and who are ineligible for or have exhausted FMLA leave. This medical leave of
absence requires a doctor's certification and cannot exceed one hundred eight (180)
days total, including any FMLA leave. During medical leave, the employee may receive
previously earned sick pay and earned but unused vacation benefits. A written request
for a medical leave of absence must be returned to the department director along with a
doctor's certification indicating the nature of the medical problem and the anticipated
length of absence. A medical leave of absence may be extended, upon a written
request, accompanied by an explanation from the employee's doctor of the need for an
extension period. Even with an extension, however, a medical leave cannot exceed
one hundred eighty (180) days total, including FMLA leave.
Employees returning from a medical leave of absence must provide a doctor's written
certification of their ability to return to work. The City reserves the right to require an
examination by a doctor of the City's choice. Employees returning from a medical leave
of one hundred eight (180) days or less return to the same position or a similar position
of like pay or status, provided however, that the employee remains subject to legitimate
job changes or layoffs that would have occurred even if they had not been on leave.
During the paid medical leave of absence, the City will pay its portion of the employee's
group insurance premiums for up to six (6) months total, including during FMLA leave.
An unpaid leave of more than thirty (30) calendar days will affect an employee's review
dates. These days will be adjusted forward until the employee has completed as many
days of continuous employment as the length of the leave of absence.
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Section 11.4 Shared Leave
The City's currently existing shared leave policy will be available for the duration of this
Agreement.
Section 11.5 Military Leave
Any employee who is a member of the Washington National Guard or a federal military
unit is entitled to leave from his or her duties as provided for by law, and shall be paid
as required by law. An employee shall provide the City with notice of the leave as soon
as the employee learns of the assignment, and shall furnish the City with a copy of
his /her orders. A military leave shall be limited to the time of the military assignment.
ARTICLE 12 - CITY SUPPLIED EQUIPMENT
A. The City shall provide any federal and /or state required safety gear and
apparatus.
B. Employees who suffer a loss or damage to personal property and /or clothing in
the line of duty shall be reimbursed for such loss or damage by the City, provided
a claim is filed with the City. Loss due to neglect, negligence or abuse by the
employee shall not be considered for reimbursement, nor shall damage caused
by normal wear and tear. Reimbursement shall be limited to personal property
with a reasonable and ordinary value (i.e. — no Rolex watches).
C. The City shall purchase the following uniforms for customer service personnel
and provide dry cleaning:
1. Property /Evidence Section: 3 polo shirts with City logo (navy, black, or tan)
and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or
black), and 1 winter jacket (black or navy).
2. Quartermaster /Jail Coordinator: 3 polo shirts with City logo (navy, black, or
tan) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or
black), and 1 winter jacket (black or navy).
3. Animal Service Officers shall be reimbursed $100.00 per year for expenses
incurred purchasing work boots. Unused reimbursement money may be
rolled over to the next year in the event an employee does not purchase
boots during a year.
The City agrees to repair and /or replace clothing provided by the City as
determined by the supervisor.
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Except as noted above, the City will not require that members of the association
wear employer - provided uniform items. The Association members will instead
abide by Section 9.2 (Personal Appearance and Dress) of the City of Federal
Way Employee Guidelines.
ARTICLE 13 - SAVINGS CLAUSE
If any article of the agreement or any addenda hereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article should be restrained by such tribunal, the remainder of the
agreement and addenda shall not be affected thereby and the parties shall enter
immediate collective bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement of such article.
ARTICLE 14 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire agreement between
the parties and no oral statement shall add to or supersede any of its provisions.
The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for
collective bargaining. The results of the exercise of that right are set forth in this
agreement. Therefore, except as otherwise provided in the agreement, the City and
Association, for the duration of this agreement, each voluntarily and unqualifiedly agree
to waive the right to oblige the other party to bargain with respect to any subject or
matter specifically covered by this agreement.
ARTICLE 15 - PERFORMANCE OF DUTY
Section 15.1 Non - Strike Provisions
Nothing in this agreement shall be construed to give an employee the right to strike and
no employee shall strike or refuse to perform his assigned duties to the best of his
ability. The Association agrees that it will not condone or cause any strike, slowdown,
mass sick call, or any other form of work stoppage or interference to the normal
operation of the Federal way Police Department.
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ARTICLE 16: GRIEVANCE PROCEDURE
Section 16.1 Grievance Procedure Steps.
A. Any grievance that may arise between parties concerning the application,
meaning, or interpretation of this Agreement, shall be settled in the manner
prescribed by this grievance procedure.
B. A "Grievance" is defined as a claim or dispute by an employee, group of
employees, or the Association concerning the interpretation or application of the
provisions of this Agreement. Nothing in this procedure shall prohibit an
employee from discussing a complaint directly with his supervisor or department
head without representation by the Association, as provided by State Law.
C. Should a subject for claim or dispute arise, there shall be no stoppage of work by
employees, but an earnest effort shall be made to settle such claims or disputes
promptly and in the manner hereinafter outlined.
Step 1
An employee or a group of employees claiming to have a grievance shall discuss
the complaint with the immediate supervisor within ten (10) calendar days of the
alleged occurrence, or when they reasonably should have known of the alleged
occurrence.
Step 2
The supervisor shall attempt informal resolution of the grievance within seven (7)
calendar days after it is presented.
Step 3
Provided the grievance is not settled satisfactorily at step 2, it may be presented
to the Police Chief (or designee) by the Association within seven (7) calendar
days of the supervisor's response or the expiration of the time limit in step 2. The
submission shall be in writing, setting forth the nature of the grievance, the
articles of this agreement allegedly violated, and the requested remedy.
Step 4
The Police Chief or designee shall attempt to settle the grievance within ten (10)
calendar days after it has been presented, and shall respond in writing.
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Step 5
If the grievance is not settled by the Police Chief within the time allowed, it may
be presented in writing to the Mayor, with a copy to the Director of Human
Resources, by the Association within seven (7) calendar days of the Police
Chief's response or the expiration of the time limit in step 4.
Step 6
The Mayor shall have fourteen (14) days to review the grievance. If the Mayor
does not respond or otherwise settle the grievance within the fourteen -day
period, the grievance shall be automatically advanced to step 7, and shall not be
forfeited by either party.
Step 7
a. If the grievance is not settled at step 6, and involves a matter other than
discipline, the dispute will be referred to the negotiating committee of both
parties. The two committees shall meet within ten (10) calendar days to consider
the dispute. At that meeting, all pertinent facts and information will be reviewed
in an effort to resolve the matter through conciliation. If no satisfactory solution is
reached in this step, the matter may be submitted in writing to arbitration within
30 calendar days of the conciliation meeting.
b. If the grievance is not settled at step 6 and involves discipline other than
an oral or written warning, the matter may be submitted, in writing, to arbitration
within thirty (30) calendar days of the date that the Mayor's review is due. Oral
and written warnings may only be grieved through step 6 of this procedure.
However, if the City attempts to introduce prior oral or written warnings in a
subsequent discipline case that is subject to arbitration, the City shall be required
to prove that it had just cause to issue those prior oral or written warnings as well
as the instant discipline.
Section 16.2 Arbitration Panel. The City and the Association mutually agree to a
permanent panel of arbitrators to hear all grievances in arbitration. The panel shall
consist of three arbitrators: Janet Gaunt, Gary Axon, and Ken Latsch. Only one arbiter
shall hear each grievance and they shall be picked in rotation, provided that either party
may elect to disqualify one arbiter on the list for a particular hearing. The Association
must exercise its right to disqualify the arbiter at the top of the rotation list in writing, filed
at the same time it submits the dispute to arbitration pursuant to step 7 of the grievance
procedure. If the City wishes to exercise this right, it must do so within twenty (20) days
of being served with the Association's demand for arbitration. The decision of the
Arbitrator shall be final and binding on the parties.
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A. The Arbitrator shall make his /her own rules of procedure. The Arbitrator shall
have no authority to amend, alter, or modify this Agreement or its terms, and
shall limit his /her decision solely to the interpretation and application of this
Agreement.
B. Each grievance or dispute will be submitted separately except when the City and
the Association mutually agree to have more than one grievance or dispute
submitted to the Arbitrator.
C. The losing party shall bear the expense of the Arbitrator. The losing party shall
be denominated in the award. When there is no winning party, the cost of the
Arbiter shall be borne equally by the parties. All other costs and fees will be paid
by the party incurring the cost/fee.
D. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an
award.
Section 16.3 Time Limits. Time limits will be strictly adhered to, but may be
extended by mutual written agreement upon reasonable request, except for situations
where no timely grievance is filed. While forfeiture under this clause will finally resolve
the matter in dispute, it will not establish a precedent between the parties on issues of
contractual interpretation.
Section 16.4 Multiple Procedures. If employees have access to multiple
procedures for adjudicating grievances, the selection by the employee of one procedure
will preclude access to other procedures; selection is to be made no later than at the
conclusion of step 6 of this grievance procedure.
Section 16.5 Step 3 Submission. In those instances where disciplinary action is
based on reasonable evidence of the commission of a crime, or the proposed discipline
involves suspension or termination of the employee, step 3 of the Grievance Procedure
will be initiated immediately.
Section 16.6 Just Cause Standard. No post probationary employee may be
discharged, suspended without pay, demoted (except as provided below) or disciplined
in any way except for just cause. The City may withhold a step increase, for a specified
period of time, if it has just cause.
Section 16.7 Parties to the Agreement. In as much as this is an agreement
between the City and the Association, no individual employee may make use of the
provisions of this Article, except as expressly provided above.
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Section 16.8 Probationary Period. All newly hired employees must serve a
probationary period. The probationary period for newly hired employees shall be one
year. The probationary period shall be extended for the number of work days equal to
the number of work days an employee was absent in excess of 10 work days during the
probationary period. The probationary period is an extension of the hiring process;
therefore, the provisions of this Article (including the Just Cause Standards in Section
16.6) will not apply to employees if they are discharged during their initial probationary
period. Grievances brought by probationary employees involving issues other than
discharge may be processed in accordance with this Article.
ARTICLE 17 - EMPLOYER & EMPLOYEE RIGHTS
Section 17.1 Discipline
It is agreed that the employer has the right to discipline, demote, suspend, or discharge
any employees for just cause.
Section 17.2 Disciplinary Investigations
In criminal matters, an employee shall be afforded those constitutional rights available
to any citizen. In administrative matters relating to job performance, the following
guidelines shall be as follows:
A. "Interrogation" as used herein shall mean any questioning by an agent of the City
who is conducting an investigation (as opposed to a routine inquiry) of the
employee being interrogated, when the agent knows (or reasonably should
know) that the questioning could result in employee discipline.
B. Before interrogation, the employee shall be informed of the nature of the matter
in sufficient detail to reasonably apprise him /her of the matter. Nothing herein
shall operate as a waiver of the Association's right to request bargaining
information.
C. Any interrogation of an employee shall be at a reasonable hour, preferably when
the employee is on duty, unless the exigencies of the investigation dictate
otherwise.
D. Any interrogation shall take place at the City Police Department, except when
impractical. The employee shall be advised of their right to and shall be allowed
that PSSA representation to the extent allowed by the law.
E. The questioning shall not be overly long and the employee shall be entitled to
such intermissions as are reasonably necessary.
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F The employee shall not be subjected to any offensive language or abusive
questioning, nor shall he /she be threatened with dismissal, transfer or other
disciplinary punishment as a guise to attempt to obtain his /her resignation.
G. The Employer shall not require any employee covered by this Agreement to take
or be subjected to a lie detector test as a condition of continued employment.
Nor shall polygraph evidence of any kind be admissible in disciplinary
proceedings, except by stipulation of the parties to this Agreement.
H. The Department may, and upon request will, tape record any interrogation. Upon
request, a copy of the tape /transcript (if made) will be provided to the employee.
Section 17.3 Psychological Evaluations
The purpose of this Section is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for duty
and the interest of the employee in having those examinations being conducted
unobtrusively, and so as to protect the employee's privacy. Generally, an evaluation will
be ordered only if the employer has a reasonable concern that an employee is
psychologically unfit to perform the job.
A. Results of the Evaluation.
The City shall provide the doctor with the employee's job description and other
information necessary for the doctor to understand the duties and responsibilities
of the employee. The doctor will issue a written report to the Employer and the
employee. The only information which the doctor may disclose shall be whether
the employee is fit or unfit for duty or requires modified work conditions, and the
prognosis for recovery, and the reason why the doctor has reached those
conclusions. Additionally, where the cause of the unfitness is duty - related, the
doctor shall disclose that cause. If the doctor believes the employee is fit for duty
but needs modified work conditions, the doctor will indicate what modifications
are necessary and the extent or duration projected of the modification. The
doctor will keep all data that has been made available to him or her confidential
and not release it to any of the parties except the employee. Modified work
conditions may include light duty assignments of limited duration.
B. As used in this section, "doctor' refers to a psychologist or psychiatrist.
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ARTICLE 18 - COMPENSATION
Section 18.1 Salaries
A. The wage scale attached as Appendix A.
B. Paid Lunch. Refer to Section 4.1 Hours of Work
C. Extra -Duty Pay. Employees assigned as Records Training Specialists ( "RTSs ")
shall receive an additional three (3) percent of the top step wage rate per month,
as extra -duty pay for all time spent in the actual training of employees. The
Property Evidence Technician, who has been trained and certified to test
marijuana, shall receive an additional five (5) percent of top step wage rate per
month, as extra -duty pay for all time spent in actually testing marijuana.
D. On -call Pay. Employees assigned as Animal Services Officers shall receive an
additional three (3) percent of the top step wage rate for all time spent on -call to
provide coverage for unscheduled absences shorter when the work schedule has
not been adjusted.
Section 18.2 Out of Class
Extra Duty pay may be awarded to a single individual who, for a period of time
exceeding thirty (30) calendar days, assumes substantial responsibilities when assigned
to substitute in a vacant position, in addition to performing the duties of the position
currently held. The vacancy may be due to termination, leave of absence, extended
illness or other reasons approved by the Mayor or his /her designee. When such an
assignment extends beyond thirty (30) calendar days, the employee may receive up to
a ten percent (10 %) increase for the entire extra duty time. The percentage of Extra
Duty pay awarded will be determined by the department director, and funding for the
additional compensation will come from the department budget. The added
compensation will cease when the assignment ends.
ARTICLE 19 - INSURANCE COVERAGE
Section 19.1 Medical /Dental Plans
A. Effective January 1, 2016, the City shall pay each month one hundred percent
(100 %) of the premium necessary for the purchase of employee coverage and
ninety percent (90 %) of the premium necessary for the purchase of dependent
coverage (excluding spouses who have other coverage available through his /her
place of employment) under the Group Health Alliant Plus or Group Health HMO
insurance plans as selected by the employee. The City will reimburse actual
expenses incurred in order to cover the annual deductible payments for "out -of-
network" services under the Alliant Plus Plan ($100 individual, max $300 family).
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B. Effective January 1, 2017, the City shall pay each month one hundred percent
(100 %) of the premium necessary for the purchase of employee coverage and
ninety percent (90 %) of the premium necessary for the purchase of dependent
coverage (excluding spouses who have other coverage available through his /her
place of employment) under the Group Health PPO or Group Health HMO
insurance plans as selected by the employee. The City will reimburse actual
expenses incurred in order to cover the annual deductible payments for "out -of-
network" services under the PPO Plan ($100 individual, max $300 family).
C. The City offers a two tier co -pay for health insurance (Plan A and Plan B)
depending upon participation in wellness. Employees will remain on the lower
co -pay plan (Plan A) if they earn 1000 points (Biometric Screening and
Healthscreening Questionnaire required and earns 500 points) by November 30
of each year in order to be eligible for Plan A in the succeeding year.
D. The City agrees to place the members and eligible dependents on dental
coverage Plan F.
Section 19.2 Life Insurance
The City shall pay the entire premium for double indemnity life insurance coverage for
each eligible employee in the bargaining unit. The City will determine the manner in
which insurance coverage is secured. The amount of life insurance shall be equal to
one times the employee's annual base salary to a maximum of $50,000 and a minimum
of $25,000.
ARTICLE 20 - FEDERAL WAY COMMUNITY CENTER
Federal Way Community Center Membership. While the City's budget for employee
membership to the Federal Way Community Center has been reduced by half for 2010
due to the current economic conditions, the City has looked at ways to encourage
continued FWCC use without significant cost increases to employees (which may
discourage use), by using City funds more efficiently, and requiring nominal employee
contributions, as more specifically indicated below:
1. Regular employees can sign up to receive either 1) a multi -visit pass (11- visits for
the price of 10, an $80 value) to the Federal Way Community Center for the 1st
quarter by paying a $10 non - refundable employee contribution; or 2) a 3 -month
pass ($135 value) to the FWCC for the 1st quarter by paying a $25 non - refundable
employee contribution.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
23
2. Employees "enroll" at the FWCC by 1) showing their employee identification card;
2) completing the applicable passholder agreement; and 3) paying the non-
refundable employee contribution for the multi -visit or 3 -month pass by
cash /check /credit card by the 15th of the first month of the quarter (January 15,
April 15, July 15 and October 15).
3. Only one pass (either the multi -visit pass OR the 3 -month pass) per enrolled
employee per quarter will be issued.
4. Employees who select the multi -visit pass must visit the FWCC 11 times during the
quarter to be eligible to receive a pass for the following quarter. This continues
each quarter until the next calendar year when a new initial enrollment is required
and allowed.
5. Employees who select the 3 -month pass must visit the FWCC at least 18 times
during the quarter to be eligible to receive a pass for the following quarter. This
continues each quarter until the next calendar year when a new initial enrollment is
required and allowed.
a. Employees not completing visits in a quarter may purchase a pass for the
following quarter for $40 non - refundable employee contribution; when the
employee completes at least 18 visits per quarter, the employee becomes
eligible to purchase the pass at the rate in Section 1.
6. A "visit" is defined as "exercising within the FWCC for at least 20 minutes." "Walk -
by visits" where an employee counts a visit when exercising outside the FWCC are
not allowed.
7. There are no exceptions to the pass visit requirements.
8. Employees who satisfy the visit requirements for their current pass during the
quarter may switch from the multi -visit pass to the 3 -month pass and vice versa for
the following quarter by making the appropriate non - refundable contribution. The
employee will be required to satisfy the requirement for the pass selected in order
to be eligible for either pass the following quarter.
9. Newly hired employees have the option of enrolling for the pass immediately or
starting the first of the following quarter
10. Employees who terminate employment will be able to use the pass for the
remainder of the quarter when it will be deactivated.
11. Employees who have not satisfied the 11 visits required for the multi -visit pass
during the quarter will be allowed to keep and use the multi -visit pass until all visits
are used, however they will not be eligible for additional passes in subsequent
quarters.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
24
12. Passes are not transferable among employees or to any non - employee.
13. Employees must report lost passes to the FWCC so the pass can be de- activated.
The employee will be charged a fee of $5 to replace lost passes.
14. The employee can upgrade to family passes on a quarterly basis by paying the
difference between the full cost of the selected pass and the quarterly family pass
as follows:
3 -month Upgrade: $201 family pass - $110 City contribution for employee pass =
$91 total employee cost (including $25 contribution to employee pass)
15. While the City anticipates adequate funding, should there be higher than
projected use, passes will be issued as indicated above only until the funding is
exhausted.
Community Center membership as described above is being provided on a trial basis
and may be modified or discontinued at the sole discretion of the City.
ARTICLE 21 - SUBSTANCE ABUSE POLICY
No employee shall be required to take or be subjected to any random alcohol or drug
testing as a condition of continued employment, except when:
1. the City has a "reasonable suspicion" that an employee may be under the
influence of drugs or alcohol while on duty and /or
2. an employee who, while driving a City vehicle or while driving on City
business, is involved in an accident which results in a serious injury
or in which the employee is cited under local or state law for a
moving traffic violation.
ARTICLE 22 - PROBATIONARY EMPLOYEES
All newly hired and promoted employees must serve a probationary period. The
probationary period for newly hired employees shall end one year from the date the
employee begins work for the City. The probationary period upon promotion
shall be one year from the date of appointment. The probationary period shall be
extended for the number of work days equal to the number of work days an employee
was absent in excess of 10 work days during the probationary period; provided that the
taking of scheduled and approved vacation shall not be counted toward the ten day
period for promotional probationers. The probationary period is an extension of the
hiring process; therefore, the provisions of the grievance procedure will not apply to
employees if they are discharged during their initial probationary period or are demoted
during the promotional probationary period for not meeting the requirements of the
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
25
classification. Grievances brought by probationary employees involving issues other
than discharge or demotion may be processed in accordance with Article 17.
ARTICLE 23 - TERM OF AGREEMENT
The effective date of this Agreement is January 1, 2016 and shall remain in force until
December 31, 2018. Any changes in wages, hours or working conditions from those
previously in effect shall become effective upon the execution of this agreement unless
a specific, different effective date is indicated for a particular change.
Signed this 1.8 day of (2 O4 2017, at Federal Way, Washington.
City of Federal Way
Approved as to form:
Ohi2
J. Ryan Call, Interim City Attorney
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
Police Support Services Association
01Matte
Karen Grossh ckle, President
26
APPENDIX A
WAGES
GENERAL WAGE ADJUSTMENTS:
Effective January 1, 2016 a2.0% increase
Customer Service
Specialist (a18)
3525
3673
3828
3988
4158
4459
Records Specialist (a18)
3525
3673
3828
3988
4158
4459
Administrative Assistant 1
(a18)
3525
3673
3828
3988
4158
4459
Property /Evidence Tech.
(a20)
3699
3857
4022
4190
4366
4680
Animal Services Officer
(a24)
4107
4282
4464
4651
4849
5196
CALEA/Volunteer
Coordinator _(a30)
4715
4917
5124
5341
5565
5965
Crime Analyst and
Prevention Specialist (a30)
4715
4917
5124
5341
5565
5965
Quartermaster (a30)
4715
4917
5124
5341
5565
5965
Crime Analyst/Prevention
Program Coordinator (a32)
4954
5161
5378
5605
5840
6261
Effective January 1, 2017 a 1.0% increase
Customer Service
Specialist (a18)
3560
3710
3866
4028
4200
4504
Records Specialist (a18)
3560
3710
3866
4028
4200
4504
Administrative Assistant 1
(a18)
3560
3710
3866
4028
4200
4504
Property /Evidence Tech.
(a20)
3736
3896
4062
4232
4410
4727
Animal Services Officer
(a24)
4148
4325
4509
4698
4897
5248
CALEA/Volunteer
Coordinator (a30)
4762
4966
5175
5394
5621
6025
Crime Analyst and
Prevention Specialist (a30)
4762
4966
5175
5394
5621
6025
Quartermaster (a30)
4762
4966
5175
5394
5621
6025
Crime Analyst/Prevention
Program Coordinator (a32)
5004
5213
5432
5661
5898
6324
Effective July 1, 2017 a 1.0% increase
Effective January 1, 2018 a 1.0% increase.
Effective July 1, 2018 a 1.0% increase.
Police Support Services Association
Collective Bargaining Agreement 2016 -2018
27
COUNCIL MEETING DATE: January 17, 2017 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED 2016 -2018 COLLECTIVE BARGAINING AGREEMENT WITH POLICE
SUPPORT SERVICES ASSOCIATION (PSSA).
POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective
Bargaining Agreement with the Police Support Services Association which has been ratified?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
Li Consent
Ordinance
® City Council Business 1 1 Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Ryan Call, Interim City Attorney
DEPT: Law
Attachments: Proposed 2016 — 2018 Collective Bargaining Agreement with the Police Support Services
Association.
The City and the Union began negotiations in October 2015 for a successor Agreement. The current
contract expired December 31, 2015. The attached proposed Agreement is a culmination of negotiations
and has been ratified by the Union.
The City's bargaining team recommends that Council approve the proposed 2016 -2018 Agreement and
authorize the Mayor to execute the document.
Options Considered:
1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents.
2. Reject the proposed Agreement and direct the City to continue negotiations with the Union.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: N Ifr ' 7 DIRECTOR APPROVAL: C ' \ti I11-
Committee ounc Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the 2016 -2018 Collective Bargaining Agreement with the
Police Support Services Association and to authorize the Mayor to execute the contract."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
)
OUNCIL ACTIO
APPROVE 01 I hl1 -7 COUNCIL BILL #
DENIED l 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 1/2015 RESOLUTION #
