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HomeMy WebLinkAboutAG 22-042 - POLICE GUILDAG 22-042a Letter of Agreement This Letter of Agreement ("Agreement") is between the City of Federal Way ("City") and the Federal Police Officers Guild (Guild), collectively the "Parties." Recitals A. The City and Guild are parties to a collective bargaining agreement effective through December 31, 2024 ("CBA"). B. Article 6, Section 4.d of the CBA provides for a newly established bilingual pay premium as follows: "Subject to testing and eligibility requirements, employees bilingual in Spanish, Vietnamese, Korean, Russian, ASL (or equivalent), and/or any other language at the Chief's discretion, shall receive an additional three (3) percent of the top step wage per month." C. The Parties have met and bargained over the "testing and eligibility requirements" to implement the new newly established bilingual pay premium. D. The Parties agree as follows: Agreement 1. Non -probationary officers, and probationary officers after their swear -in date, are eligible for bilingual pay. 2. For non-ASL languages: a. The City will use Language Testing international (LTI) and the American Council of the Teaching of Foreign Languages (ACTFL) "Oral Proficiency Levels in the Workplace" document as provided by LTI. b. Officers may schedule an online oral proficiency interview. c. The officer must score at least "Advanced low" on the ACTFL "Oral Proficiency Levels in the Workplace" document to qualify for the 3% bilingual pay. 3. For ASL language: a. The City will use Gallaudet University and the American Sign Language Proficiency Interview (ASLPI) evaluation available Gallaudet University. b. Officers may schedule an online ASL proficiency interview. c. The officer must score at least a "Level 2" to qualify for the 3% bilingual pay. d. If LTI establishes an ASL testing system, the parties may agree to transition to LTI for ASL testing with a qualifying ASL testing level equal to "Advanced Low" for non-ASL languages. 4. If the officer passes the language proficiency test, the officer will provide their certification of passage and testing receipt to City Human Resources for City reimbursement to the officer of the testing cost. The City is under no reimbursement obligation to an officer who fails the language proficiency test. 5. The bilingual proficiency certification is good for three (3) calendar years from the date that the officer successfully took the language proficiency test, after which time the Page 1 of 2 officer will need to be recertified following the same testing and reimbursement process. 6. If the officer fails to recertify before the certification expiration date, the bilingual pay premium will end on the last day of the pay period in which certification expires. 7. If the officer fails to pass the test, an officer may retest at their own expense at any frequency and, upon passage of the test, will become eligible for reimbursement for that successful test and for bilingual pay upon the date of successful test taking. 8. Prospectively from the effective date below, an officer will be eligible to receive bilingual pay starting on the date the officer successfully takes the bilingual proficiency test (even if the certification of passing the proficiency test arrives later than the date of test taking). 9. This Agreement is effective March 9, 2022. For the City: VV Vanessa Aude t Human Resources Manager For the Guild: x'w Richard -Kim President Page 2 of 2 AG 22-042 CITY OF FEDERAL WAY AND FEDERAL WAY POLICE OFFICERS GUILD Collective Bargaining Agreement 2022-2024 Table of Contents ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP.......... ................................... Section1. Recognition.....................................................................................................1 Section2. Status at Academy........................................................................................1 Section 3. Guild Membership........................................................................................_1 Section 4- Dues Deduction.............................................................................................1 Section5. List of Employees..........................................................................................1 Section6. Hold Harmless...............................................................................................2 ARTICLE 2: MANAGEMENT RESPONSIBILITIES.........................................................2 ARTICLE3: HOLIDAYS........................................................................................................4 Section1. Observed Holidays........................................................................................4 Section 2. Work on Holidays..........................................................................................5 Section 3. Use of Banked Holiday Hours.....................................................................5 Section 4. Holiday Scheduling ...... .................................................................................. 6 ARTICLE 4: VACATIONS....................................................................................................6 Section 1. Vacation Accrual ................................... ................ ................................ ......... 6 Section 2. Probationary Employees..............................................................................6 Section3- Accrual............................................................................................................6 Section 4. Vacation Increments.....................................................................................7 Section 5. Payment Upon Death....................................................................................7 Section 6. Forfeiture of Vacation....................................................................................7 Section 7. Vacation Scheduling - Seniority Basis.......................................................7 Section 8. Vacation Cash Out........................................................................................8 ARTICLE 5: SICK LEAVE....................................................................................................8 Section 1. Sick Leave Usage ............. ....................... ....................... .............................. 8 Section 2- Washington Paid Sick Leave.......................................................................8 Accrual...... ..............................................................................................--...................9 CarryForward......................................................................................................................9 Verification for Absences Exceeding Three Days........................................................10 Reinstatement of Employment .............................. Retaliation Prohibited.......................................................................................................10 Section 3. Sick Leave Payment at Time of Retirement............................................10 Section 4. Washington Paid Family Medical Leave (PFML)...................................10 Section 5. Industrial Insurance Leave..........................................................................1 Section 6. Family Care and Death...............................................................................11 Section 7. Statement of Physician...............................................................................12 Section8. Fitness for Duty.............................................................................................13 Section 9. Physical Fitness...........................................................................................13 Section10. FMLA Leave.................................................................................................13 Section11. Shared Leave...............................................................................................14 ARTICLE6: WAGE RATES...............................................................................................15 Section1. Wages...........................................................................................................15 Section 2. Career Development Program ............................ ..._........... ....................... 15 Section3. On -Call Pay ...................... ............................................... ............................ 15 Section4. Extra -Duty Pay.............................................................................................15 Section5. Corporal........................................................................................................15 ARTICLE7: HOURS OF WORK.......................................................................................16 Section1. Work Shifts...................................................................................................16 Section2. Shift Bidding................................................................................................18 Section 3. Specialty Assignments..................................................... 18 Section4. Shift Trades..................................................................................................18 Section5. Out of Class..................................................................................................18 Section6. On -Call .................................................. ........................................................ 18 ARTICLE8: OVERTIME.....................................................................................................20 Section1. Scheduling....................................................................................................20 Section2. Callback ............... ................................................................................. ........ 20 Section3. 7(K) Exemption..............................................................................................21 Section4. Non-Pyramiding...........................................................................................21 Section5. FLSA Provisions...................................................................•......................22 ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS.................22 Section1. Health Plan...................................................................................................22 Section2. HRA VEBA Plan..........................................................................................23 ARTICLE 10: MISCELLANEOUS......................................................................................25 Section 1. Auto/Auto Reimbursement.........................................................................25 Section 2. Appearances Before the Civil Service Commission, PERC, or Labor Arbitrators........................................................................................................................25 Section 3. Guild Negotiating Committee .... .................................................... :............ 25 Section4. Guild Business...................................................................................---.......25 Section5. Bulletin Boards.............................................................................................26 Section 6. Damage of Personal Effects......................................................................26 Section7. Personnel Files............................................................................................26 Section 8. Uniforms and Equipment............................................................................26 Section9. Jury Duty.......................................................................................................28 Section10- PIO / OPS / PSO.........................................................................................28 Section 11. Community Center.... .......... __ .... _ .................................................. ........... 28 Section 12- Domestic Partner/Partnership ........................ Section 13. Tuition Reimbursement..............................................................................29 ARTICLE 11: PROHIBITED PRACTICES.......................................................................29 ARTICLE 12; REDUCTION -IN -FORCE ........................................ ............ ................. ...-..30 Section1. Layoff.............................................................................................................30 Section2. Recall.............................................................................................................30 ARTICLE 13: DISCIPLINARY INVESTIGATIONS........................................................30 Section 1. Criminal Investigations ................................ ___ ...... ................................... 30 Section 2. Disciplinary Definitions... ........................ Section 3. King County Inquests..................................................................................30 Section4. Just Cause............................................................................................... ....30 Section 5. Off -duty Misconduct....................................................................................31 Section 6. Disciplinary Investigations..........................................................................31 Section 7. Pre -Discipline Meetings ......................... Section8. Imposing Discipline.....................................................................................32 Section 9. Maintenance of Disciplinary Records...... ................................................. 32 ARTICLE 14: GRIEVANCE PROCEDURE.... .................................................................. 33 Section 1. Grievance Procedure Steps.......................................................................33 Section2. Arbitration Panel..................................•---.•---•-.............................................34 Section3. Time Limits...................................................................................................35 Section 4. Multiple Procedures....................................................................................35 Section5. Step 3 Submission .....................................................................................35 Section 6. Just Cause Standard..................................................................................35 Section 7. Probationary Period....................................................................................36 Section 8. Parties to the Agreement............................................................................36 ARTICLE 15: NONDISCRIMINATION.............................................................................36 ARTICLE1& DRUG TESTING.........................................................................................36 ARTICLE17, SENIORITY..................................................................................................41 ARTICLE 18: SAVINGS CLAUSE.....................................................................................41 ARTICLE19 RESERVED- ---- ....................................................... ................. .............. 41 ARTICLE20, DURATION..........................................................................................._ _.41 APPENDIXA.........................................................................................................................42 WAGES........................................................................................................................42 DEFERRED COMPENSATION: ................................. ................................................... 42 APPENDIXB.........................................................................................................................43 OVERVIEW FOR CAREER DEVELOPMENT PROGRAM........................................43 APPENDIXC.........................................................................................................................45 CALLBACKOVERTIME..................................................................................................45 APPENDIXD.........................................................................................................................47 DETECTIVES....................................................................................................................47 TRAFFICUNIT..................................................................................................................47 CITY OF FEDERAL WAY AND FEDERAL WAY POLICE OFFICERS GUILD Collective Bargaining Agreement PREAMBLE: The Federal Way Police Officers Guild ("Guild") and the City of Federal Way ("City") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP Section 1. Recognition The City recognizes the Guild as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Status at Academ The provisions of this contract shall not apply to police officer candidates prior to or while they are attending the State required police academy. Section 3. Guild Membership All employees whose classification or job title is included in Article 1, Section 1 of this Agreement may voluntarily join the Guild as a member. Section 4. Dues Deduction Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues and fees as certified by the secretary of the Guild and shall transmit the same to the Guild within five business days of the issuance of pay checks. Such authorization shall be terminable upon the employee providing both the City and the Guild 30 days' written notice. Section 5. List of Employees The City will transmit to the Guild a current listing of all employees in the bargaining unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 11 Section 6. Hold Harmless The Guild will indemnify and save the City harmless from all suits, actions, and claims against the City or persons acting on behalf of the City whether for damages, compensation or any combination thereof, arising out of the City's faithful compliance with the terms of this Article. In the event of any suit or proceeding brought to invalidate this Article, the Guild will actively defend the suit or action. However, in the event any determination is made by the highest court having, jurisdiction that this Article is invalid, the Guild shall be solely responsible for any reimbursement. ARTICLE 2: MANAGEMENT RESPONSIBILITIES Section 1. The Guild 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 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 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. 1 The Guild 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, suspend, and discharge non -probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. 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. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 12 C. recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d, lay off employees for lack of work or funds or other legitimate reasons. 7. 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. 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. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Guild at least twenty-one (21) days' notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. Failure of the Guild to request bargaining within the twenty-one (21) day notice period shall constitute waiver of the right to bargain the change. If the Guild does request bargaining and the parties are unable to achieve resolution, either party may request the assistance of a PERC mediator and the parties will work to expedite that process. If mediation is unsuccessful the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 13 ARTICLE 3: HOLIDAYS Section 1. Observed Holidays On January 1st of each year, the City shall bank (provide) one hundred and twelve (112) hours of holiday pay for each bargaining unit employee for the following observed holidays: Commonly Called First day of January New Year's Da Third Monday of January Martin Luther King Da Third Monday of February President's Da _ Last Monday of May Memorial Da 19th Day of June Juneteenth Fourth day of July Independence Da First Monday of September Labor Da 11th Day of November Veteran's Da Fourth Thursday of November Thanksgiving Da Friday following the fourth Day after Thanksgiving 25th day of December Christmas Day 3 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 1 st, sixty-four (64) hours calculated by multiplying the number of holidays (not including floating holidays) remaining to be celebrated in that year [eight (8)] by eight (8) hours). 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. In addition to the one hundred and twelve (112) banked holiday hours, the City shall also provide 22 holiday hours (total of 134 in the holiday bank) which will not be prorated but will be a lump sum added at the beginning of the calendar year or upon commencement of employment. If hired before July 1, the employee will receive the additional twenty-two (22) hours upon commencement of employment. However, if hired on or after July 1, the employee will receive only eleven (11) hours upon commencement of employment. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 14 The three (3) floating holidays are banked on January 1st of each year, provided that the City shall not be requested to bank hours for floating holidays for any employee hired on or after July 1st during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. Section 2. Work on Holidays The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, and New Year's Day shall be paid at time and one half for each hour worked. Employees working on Independence Day shall be paid at double time for each hour worked. Section 3. Use of Banked Holiday Hours All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31st). 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 st, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30th 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. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 15 The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Guild with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. Section 4. Holiday Scheduling Minimum staffing in patrol is set forth in MOS 41.1.1(G), except that the City shall have discretion to drop minimum staffing levels by no more than two officers on the holidays listed above in Section 1. On Thanksgiving and Christmas each patrol may have up to three officers gone on vacation/holiday/comp time. For all other holidays, the City may allow time off consistent with other days of the year, based on the need to maintain minimum staffing in patrol. ARTICLE 4: VACATIONS Section 1. Vacation Accrual After six months of continuous service in pay status, regular, full-time employees shall accrue vacation benefits while in pay status, based upon their seniority, as indicated in the following table: Full Years of Service Annual Leave in Hours Through end of Year 5 96 Upon beginning of Year 6 132 Upon beginning of Year 11 150 Upon beginning of Year 16 180 Upon beginning of Year 21 204 Upon beginning of Year 26 220 Section 2. Probationary Employees At the end of six months of continuous employment with the Department in pay status, employees shall receive forty-eight (48) hours of vacation credit. Probationary employees are not entitled to the use of vacation hours during the first six months of employment. Probationary employees who separate employment prior to successful completion of the FTO program shall not be paid for accrued vacation. Section 3. Accrual Employees with six months of service shall accrue vacation benefits on a semi- monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 16 his/her normally scheduled work week. Section 4. Vacation Increments Vacation may be used in two-hour increments at the discretion of the Chief or his/her appointed designee. Section 5. Payment Upon Death In cases of separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. Section 6. Forfeiture of Vacation The maximum total vacation accrual is two times the employee's annual accrual rate. All employees shall use all of their excess vacation accrual prior to December 31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the Department and the Mayor, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Any employee who voluntarily leaves the department and does not give the City two weeks' notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 7. Vacation Scheduling - 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 granted 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 subject to minimum staffing levels in MOS 41.1.1(G) and consistent with other provisions of this Agreement, including Article 3, Section 4. 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. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 17 Section 8. Vacation Cash Out Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. An officer must have at least one hundred (100) total hours of sick leave, banked holiday hours, and vacation hours in order to participate in vacation cash out. ARTICLE 5: SICK LEAVE Sick leave benefits are accrued by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments in accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1080 hours. Section 1. Sick Leave Usage Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or for family care purposes in accordance with state law, the City's Employee Guidelines Section 8.1 Sick Leave, and Section 5 of this Article. Sick leave benefits may be used in one quarter-hour (15 minutes) increments. Section 2. Washington Paid Sick Leave 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 Guild 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. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 18 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 one thousand eighty (1,080) 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 one thousand eighty (1,080) 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 one thousand eighty (1,080) hours be carried forward. Article 5, Section 1 of the CBA is modified to reflect the combined maximum accrual POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 19 of 1,080 hours. 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, except as set forth below. 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. Section 3. Sick Leave Pa ment at Time of Retirement a. LEOFF Retirement. Upon retirement into LEOFF II, the City agrees to pay twenty-five percent (25%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate, with a maximum payment cap of two hundred seventy (270) hours. b. Death in the Line of Duty. The City agrees to pay one hundred percent (100%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate when death occurs in the line of duty. Section 4. Washington Paid Family Medical Leave (PFML) Guild members will pay the employee portion of the premium and the City will pay the employer portion of the premium as established by State law. PFML runs concurrently with FMLA. While on PFML: the employee will continue on their elected health insurance plan, to include the obligation to make employee premium payments; and POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 110 • The City's health insurance premium contributions for the employees will continue while the employee is on PFML. An employee who elects the PFML benefit may supplement their PFML benefit with their accrued earned benefit leave up to a maximum of 16 hours per week. Section 5. Industrial Insurance Leave If the state grants industrial insurance benefits, the employee will remain fully compensated under the City's "kept on salary" program ("Program"). The Program will continue the full salary, excluding extra -duty overtime, without deducting any leave for thirty (30) working days. In the event the employee cannot return to work on the thirty-first (31st) working day, the employee would become eligible for time loss. Unless otherwise required by State law, the procedure for workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Employees cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment". Employees must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, an employee can only "buy back" a percentage of the leave used with that money, however, the employee will not suffer the income loss that occurs when he/she only receives worker's compensation benefits. When an employee receives a worker's compensation time loss check, he/she should turn the check over to payroll. Based upon the employee's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the employee when all available sick leave and/or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until he/she is able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six (6) months while an employee is on "kept on salary" and subsequently receiving workers' compensation time loss payment. An employee who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the employee is able to resume his/her job duties, or specifying limits on duties which can be performed. Section 6. Family Care and Death POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 111 a. Bereavement Leave. In the case of death of a member of an employee's immediate family, regular, full time employees shall be entitled up to 30 hours of paid bereavement leave. Regular, full time employees who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to thirty (30) hours when death occurs to a member of the employee's immediate family. Upon approval by the Chief of Police, an additional twenty (20) hours of sick leave may be used by the employee when death occurs to a member of the employee's immediate family. b. Family Care Leave. Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. C. Immediate Family. Immediate family is defined as the employee's parent, spouse or domestic partner, children, sister, brother, mother-in- law, father-in-law, sister-in-law, brother-in-law, grandparents, grandchildren, aunt, uncle, and step -relations equivalent to those listed. At its option, the Chief of Police 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. Section 7. Statement of Physician The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that an officer has been released to return to duty, and for FMLA related compliance. Officers involved in significant incidents are subject to a return to work evaluation conducted pursuant this section of the Agreement. The parties agree to the following process for disclosure of the Return to Work Report that is prepared. a. Upon written request from the Guild to review the Return to Work Report, the City shall schedule a meeting with the Guild Representative and the officer. b. The officer must sign a release in order for the Guild Representative to view the report, which will be provided to the City. c. The officer and the Guild will both attend the meeting when the Chief discloses the Return to Work Report, unless no release is signed by the officer in which event only the officer will attend. d. In the event the Guild subsequently files a grievance and the Guild has POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 112 obtained a signed release from the employee, the Chief will provide a copy of related documents to the Guild's attorney upon written request. Any information provided to the City will be placed in the ADA compliant confidential file, and will not be put in the officer's personnel file. Any required contact employees have with their own physician related to the requirements of this Agreement may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his/her own physician as a condition of opining on the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Section 8. Fitness for Duty The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job, consistent with State and Federal law. If the City requires an employee to submit to a fitness for duty evaluation, the City shall provide the employee and the Guild in advance of the evaluation an explanation of why the City is requiring the evaluation. The employee shall have the right to obtain copies of all documents generated as a result of the evaluation within a reasonable time from the City's receipt of the documents. The employee will be required to submit to the first evaluation without loss of pay. If the City's evaluation is that the employee is not fit for duty, the employee shall have the right to obtain a second non -binding opinion at the employee's own expense and on the employee's own time (off -duty or paid leave time). No such expenses for this second opinion may be turned in for reimbursement under the City's self-insurance program. If the two evaluations are inconsistent on the employee's fitness for duty, the evaluators shall jointly select a third, qualified evaluator. The expense for the third evaluation shall be equally borne by the City and the employee. The Guild agrees to pay the employee's portion of the cost of the third evaluator in the event that the employee does not. The opinion of the third evaluator shall be final and binding upon the parties. Section 9. Physical Fitness Minimum Fitness Standards. The City will discharge its duty to bargain with the Guild before setting minimum fitness standards for the bargaining unit, and will bargain the effects of setting the standards, such as testing procedures, etc. This duty does not apply to individual medical decisions regarding officers. Section 10. FMLA Leave For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based on a rolling twelve (12) month POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 113 period. Section 11. Shared Leave An employee may be eligible to receive shared leave if all of the following conditions are met: a. The employee suffers, or has an immediate family member suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the City; and b. The employee has completed one year of employment with the City; and c. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave; and d. Prior to the use of shared leave, the employee has abided by the City's sick leave policy; and e. When appropriate, the employee has diligently pursued and is found to be ineligible for other disability benefits including workers comp time loss; and f. The use of shared leave will not significantly increase the City's costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the Department. The Chief and the Mayor have the discretion to deny a request for shared leave. The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Unless otherwise approved by the Chief or the Mayor the employee's eligibility to receive shared leave will be limited to the highest total number of hours of his/her own sick leave balance in the 12 months prior to the shared leave request, so that the employee is eligible to receive a "match" to his/her own accrued sick leave bank. An employee shall not receive more than the equivalent of one-half of the number of hours in his/her typical work year as shared leave throughout his/her employment. To the extent possible, shared leave should be used on a consecutive basis. Shared leave will be administered in accordance with the Employee Guidelines. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 114 ARTICLE 6: WAGE RATES Section 1. Wages Wage rate shall be as specified in Appendix A. Section 2. Career Development Program A description of the Career Development Program is contained in Appendix B. Section 3. On -Call Pay Employees assigned as detectives, employees assigned to the Traffic Unit/MajorAccident Investigation Team, Total Station, and the Bomb Unit shall receive an additional three (3) percent of the top step wage rate per month as on call pay. Employees assigned to more than one position requiring the payment of on -call pay shall receive on -call pay for only one such position. Section 4. Extra -Duty Pay a. Employees assigned as Field Training Officers ("FTOs") shall receive an additional seven (7) percent of the top step wage rate per month, as extra - duty pay for all time spent in the actual training of employees. b. Employees assigned as K-9 officers ("K-9") shall receive an additional three (3) percent of the top step wage per month. c. Employees assigned as Firearms Instructor, Defensive Tactics Instructor, or any other instructor at the Chief's discretion, shall receive an additional three (3) percent of the top step wage per month. d. Subject to testing and eligibility requirements, employees bilingual in Spanish, Vietnamese, Korean, Russian, ASL (or equivalent), and/or any other language at the Chief's discretion, shall receive an additional three (3) percent of the top step wage per month. e. Employees assigned to SWAT/HNT/CNT shall receive an additional three (3) percent of the top step wage per month. SWAT/HNT/CNT pay shall not be duplicated or pyramided with on -call pay. Employees assigned to Total Station shall receive an additional three (3) percent of the top step wage per month. Total Station pay shall not be duplicated or pyramided with on -call pay. Section 5. Corporal Corporals are included in the bargaining unit. Corporals will perform the tasks set forth in Manual of Standards Section 11.1 and 11.2. Corporals will receive a pay differential of five (5) percent above E step police officer. The parties agree that the POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 115 Corporal position is not a civil service rank. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts a. The Patrol Division will continue to work a 4/10 schedule. Shift starting hours and the number of positions per shift will be determined from time to time by the City. The City may institute a power patrol shift (5/8 schedule). b. (i) Detectives will work a 4/10 schedule with either Mondays or Fridays off. In the event of court appearances or operational needs of the Police Department the City may adjust the shifts and work days of Detectives to minimize overtime expenses to the City, provided however, that where a Detective's or Detectives' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Normal work hours will be from 0600 — 1600 or 0700-1700. Detectives will be authorized to work a traditional 5/8 schedule upon request. Except for the rotating on -call detective assignment, if the City determines to have individual schedules for detectives that do not have weekends off, the City will initially request volunteers and then make the assignment by inverse seniority if there are insufficient volunteers. Detectives and SIU will continue to flex their time when reasonably possible so as to minimize overtime. b. (ii) The swing shift for detectives described in Appendix D may be implemented when there are fifteen (15) detectives. In the event the number of detectives falls below fifteen (15), the City has a one (1) month grace period to fill the detective vacancy. If the number of detectives remains below fifteen (15) following the one (1) month grace period, all detectives shall be switched to day shift unless a detective or detectives prefers to remain on swing shift. b. (iii) During the fourth quarter of each year, the Department shall conduct a bid among detectives for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a swing shift position at a time other than when days off are bid for the following year, the City shall first request volunteers for the swing shift from the detectives. In the event there are no volunteers, selection of detectives for the swing shift shall be made by reverse Department seniority. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 116 b. (iv) In the event a new employee is assigned to detectives after bidding has been completed for a year, such employee may not use his/her Department seniority to displace/bump another detective. c. (i) Traffic Officers assigned to the Field Operations Division will work a 4/10 schedule. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of Traffic Officers to minimize overtime expenses to the City, provided however, that where a Traffic Officer's or Traffic Officers' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Traffic Officers will be authorized to work a traditional 5/8 schedule upon request. c. (ii) The Saturday schedule for Traffic Officers described in Appendix D may be implemented when there are eight (8) traffic officers. In the event the number of Traffic Officers falls below eight (8), the City has a one (1) month grace period to fill the Traffic Officers' vacancy. If the number of Traffic Officers remains below eight (8) following the one (1) month grace period, all Traffic Officers shall be switched to a Monday -Friday schedule unless a Traffic Officer or Traffic Officers prefers to remain on a Saturday shift. c. (iii) During the fourth quarter of each year, the Department shall conduct a bid among the Traffic Officers for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a position on the Saturday schedule at a time other than when days off are bid for the following year, the City shall first request volunteers for the Saturday schedule from the Traffic Officers. In the event there are no volunteers, selection of Traffic Officers shall be made by reverse Department seniority. c. (iv) In the event a new employee is assigned to traffic after bidding has been completed for a year, such employee may not use his/her Department seniority to displace/bump another traffic officer. d. Canine officers will work a 4/9 schedule but be paid for a 4/10 schedule. All time spent in the extraordinary care of the dog (e.g., veterinary visits) shall be at the overtime rate. e. The City may continue the assignment of storefront and Mall officers to a different schedule. Future non-traditional specialized assignments may POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 117 also be put on a different schedule (i.e., 5/8) f. Reopener The parties agree that the City may reopen the issue of shift scheduling with the Guild. Any such bargaining will be handled on an expedited basis. After 60 days, either party may request a mediator from the PERC. The parties agree to waive the arbitration panel and agree to select a single arbitrator in accordance with the PERC procedure, and to cooperate in expediting the arbitration procedure. g. The normal workday shall be inclusive of the thirty -minute lunch period for all members of the bargaining unit. Officers in investigations will flex their schedules so as to minimize the impact on the City. Section 2. Shift Bidding Patrol Officers, Traffic Officers, and Detectives will bid annually for their work shift and days off based upon seniority. The bid sheets will be posted for one week, and officers on leave may bid by proxy or email. The City may move an officer during the year, or after reviewing the bid results, based upon reasonable necessity. In making such changes, the City will (when practicable) initially request volunteers, and thereafter make remaining assignments by utilizing the least senior officer(s) that meets the Departments' needs. Section 3. Specialty Assignments The assignment of employees to specialty units shall be made by the City. Section 4. Shift Trades With management approval, shift trades may be made, upon request of the employee. Under no circumstances will a shift trade result in the payment of contractual overtime, or have any other additional cost to the City. Section 5. Out of Class An officer assigned by the City to perform work out of class (i.e. - as a lieutenant) will receive a 7% premium for those hours spent performing those duties. Section 6. On -Call a. Employees assigned as detectives for CIS and SIU, and employees assigned to the Bomb Unit may be placed on a rotating, on -call schedule. No detective is required to act as a back-up or secondary on -call, but the parties recognize when contacted all detectives are urged and encouraged to accept necessary call -ins. The rotating, on -call schedule for employees assigned as detectives POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 118 and the procedures for assigning such employees to the rotating, on - call schedule shall be the rotating, on -call schedule and procedures that are currently being used for detectives. The on -call schedule for employees assigned to the Bomb Unit and the procedures for assigning such employees to the on -call schedule shall be the on -call schedule and procedures that are currently being used for employees assigned to the Bomb Unit. b. Employees assigned to the Traffic Unit/Major Accident Investigation Team may be placed on a rotating, on -call schedule so long as no fewer than eight (8) employees are assigned to the single Traffic Unit/Major Accident Investigation Team on call schedule. The Major Accident Investigation Team shall be composed of those employees assigned to the Traffic Unit and volunteers obtained by the City using the current procedure used for making specialty assignments. The rotating, on -call schedule for employees assigned to the Traffic Unit/Major Accident Investigation Team and the procedures for assigning such employees to the rotating, on -call schedule shall be same as the rotating, on -call schedule and procedures that are currently being used for detectives. c. Employees who are on -call pursuant to an on -call schedule authorized by this section shall carry a City provided pager or be reachable by telephone, and shall generally respond within one (1) hour. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 119 ARTICLE 8: OVERTIME Any time worked in excess of the assigned shift shall be paid at the overtime pay rate. Except in emergency situations, Department approval is required before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the employee's regular hourly rate of pay. Overtime shall be accrued in increments of one -quarter hour, with the major portion of one -quarter hour to be paid as one -quarter hour. a. Compensatory time may be accrued by an employee at the time and one- half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of eighty (80) hours. The accrual of compensatory time is contingent on approval by the City. b. Compensatory time off shall be used in accordance with the provisions of the Fair Labor Standards Act and the case law decided there under, including Mortensen v. County of Sacramento. Section 1. Scheduling The City has the right to schedule overtime work as required in a manner most advantageous to the Department, consistent with the requirements of municipal employment and the public safety. Section 2. Callback Any employee called back after finishing his/her regular shift, or called to report on his/her day off for any reason (including being called into court on matters arising directly from the officer's employment as a police officer), shall be guaranteed three (3) hours pay at one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay. If the assignments require time over the three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay. a. When an officer is called back to work within a three (3) hour period immediately preceding his/her regular shift, he/she shall be entitled to pay at one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay from the time of appearance to the time his/her regularly scheduled shift begins, whatever that period of time shall be. b. All court time accumulated which begins when an officer is on duty and extends past his/her regular shift, shall be compensated at one and one- half (1-1/2) times the regular straight -time hourly rate of pay for the period following the regular duty shift. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 120 c. (i) Between two regular work shifts, graveyard patrol officers who are called back to work or attend court during hours outside the officer's regular work shifts will be granted up to eight consecutive hours of break from work for a rest period before being required to return to work. The break begins when the employee arrives back at the police station following the court or work obligation. c. (ii) When the rest period encroaches into an employee's subsequent regular work shift and the employee intends to exercise the rest break option, the employee must notify an on -duty supervisor or commander in advance of the anticipated tardy arrival. The employee will be paid (at the regular straight time rate) for rest break hours as if the employee was present at work. c. (iii) This does not create a mandate for the employee to take an eight -hour break before the employee can return to a work assignment. There is no rest period granted in association with extra duty work — the expectation is that officers will manage such optional work in a manner that allows them sufficient rest prior to their regular work shifts. c. (iv) If an officer calls in sick following the rest period instead of returning to work as scheduled, the entire shift will be deducted from the officer's sick leave. d. In the event an officer is given less than twelve (12) hours' notice of cancellation of a scheduled off -duty court appearance, he/she shall be entitled to three (3) hours pay at one and one-half (1-1/2) times their regular straight -time hourly rate of pay. Notice of cancellation will first be attempted by direct phone message. If no contact is made, a message to voice mail (either at home or the Department) indicating time and date of message shall suffice as notification. See Appendix C for additional provisions regarding Callback Overtime. Section 3. 7(K) Exemption The City has elected a 7(K) exemption pursuant to the Fair Labor Standards Act (FLSA). The City may determine a work period consistent with the 7(K) exemption, and will pay the overtime rate for FLSA hours worked in excess of the maximum permitted in that work period, unless overtime pay has already been paid pursuant to the requirements of this Agreement. Section 4. Non -Pyramiding Premium or overtime pay shall not be duplicated or pyramided. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 121 Section 5. FLSA Provisions The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. ARTICLE 9: MEDICAL. DENTAL, AND LIFE INSURANCE PROGRAMS Section 1. Health Plan. The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the coverage shall be as follows: a. (i) The Employer shall pay each month one hundred percent (100%) of the premium necessary to purchase employee coverage and ninety percent (90%) of the premiums necessary for the purchase of dependent coverage (excluding spouses who are eligible for other coverage through their place of employment) under Kaiser Permanente PPO Access or HMO insurance plans, or equivalent, as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). b. (ii) There will be a Plan A and a Plan B. An officer and spouse/partner (if covered under the plan) both must complete the Healthcare Questionnaire, the Biometric Screening, and the officer must participate in the City's wellness program meeting the established criteria by October 31 of each year in order to be eligible for Plan A in the succeeding year. The Guild will work with the City to develop mutually agreeable challenges. c. If the City seeks to change current medical plan providers, the City will provide notice and opportunity to bargain. Any new medical plan providers must provide benefits at least equivalent to the current plan providers. d. (iii) The Guild will work with the City to ensure that the City is not required to pay any excise tax under the Affordable Care Act. e. Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their dependents. The Employer shall provide Group Vision Plan to the employees and their dependents. f. Other. The life insurance benefit shall be two (2) time's annual salary to a maximum of $220,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 122 Section 2. HRA VEBA Plan The City will maintain a HRA VEBA Plan, health reimbursement arrangement, that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for the group of mandatory participation as defined by the plan, (c) immediate vesting of all contributions, (d) reimbursement of qualified out-of-pocket medical care as defined by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse/eligible dependent for use for eligible medical expenses upon the death of the employee. a. Employer Contribution. In 2022, on the first of the month following ratification, the City will pay a one- time lump sum contribution of $500 into the employee's HRANEBA account of each bargaining unit employee. Effective January 1, 2023, each bargaining unit employee will receive a one- time City lump sum contribution of $500 into the employee's HRANEBA account, which the City will contribute by the first pay period of the year (January 20tn) Effective January 1, 2024, each bargaining unit employee will receive a one- time City lump sum contribution of $500 into the employee's HRA/VEBA account, which the City will contribute by the first pay period of the year (January 20tn) Should an unforeseen delay occur with the City contribution, the City will notify the Guild when it becomes aware of such delay. City contributions will be made to the Standard HRA, which allows for active access of HRANEBA funds, provided that the employee is covered on the City's health insurance plan or covered on another qualified group health plan. Should an employee not meet the coverage criteria, the City contribution will be made to a Post -Separation HRANEBA account and funds would not be available to the employee until after separating from service. The City will make no other contributions to the plan. b. Mandatory Employee Contribution. Effective on the first of the month following 30 days from the date of ratification and on a monthly basis thereafter, each employee will make a mandatory twenty-five ($25.00) dollar per month pre-tax contribution to the employee's HRANEBA. Section 4: Retiree Medical Trust 1. The Guild and its members will participate in a retiree medical trust administered by PORAC Retiree Medical Trust ("RMT"). Effective January 1, POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 123 2021, the City will deduct from employee gross wages and transfer a pre-tax employee contribution of $50.00 on a bi-monthly basis for each employee on an ongoing basis. There shall be no employee election available to take the employee contribution amount in cash or to determine the employee contribution amount. 2. The City is not a party to the RMT, aside from transferring funds, and has no obligations related to the RMT's management, regulatory compliance, or performance. In the event the RMT becomes insolvent or unable to pay retiree medical benefits, the City has no financial obligation to the RMT, the Guild, or the Guild's members. 3. There will be no cost to the City of establishing the RMT. The Guild will pay to the City such reasonable and necessary sums related to any payroll programming needed to effectuate any City automatic transfer of employee funds to the RMT. 4. The City will comply with reasonable rules set by the RMT with regard to reporting and depositing the required contributions set forth above. In the event the reporting requirement of the RMT requires reporting beyond that which the City typically provides to third -party benefit providers, the City will require the Guild to pay for any costs related to programming or producing such reports. Prior to engaging in any activity that could result in such an expense, the City will secure the Guild's authorization. 5. The Guild agrees to indemnify and hold the City harmless from any liabilities of any nature that may arise as a result of the operation of the RMT, except for the obligation of the City to remit and report the non -elective transfer of employee contributions as described above. 6. The monies contributed to the RMT shall only be used for retiree health insurance premiums or health care expenses, as allowed by the law and the RMT Summary Plan Description. There shall be no employee election or option available to take employee amounts in unrestricted cash. 7. The purpose of the RMT is to provide for retiree medical coverage and reimbursement benefits. The RMT shall be and remain separate and apart from any City health insurance or City administered HRA/VEBA funding program. 8. The employee contributions to the RMT as set forth above shall be included as salary for purpose of calculating pension benefits, unless otherwise dictated by law of the administrative rules of the State of Washington LEOFF II Retirement Plan. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 124 ARTICLE 10: MISCELLANEOUS Section 1. Auto/Auto Reimbursement. a. (i) Take Home Cars. Upon the completion of the probationary period, bargaining unit employees who live within the City limits and/or PAA (Potential Annexation Area) shall be issued take home vehicles which may be used to commute to and from work and for transportation to all matters arising directly from the officer's employment as a police officer, including extra -duty employment. Also, school resource officers who live within the City limits, the on -call detective, K-9 officers, employees assigned to SIU, and traffic officers assigned to motorcycles shall continue to be issued take home vehicles in accordance with current practice. a. (ii) The Study Of Take Home Car Program. A labor management committee shall be maintained to study and discuss the pros and cons of expanding the boundary for take home cars and submit its findings for biennial budget discussions. a. (iii) Employee Vehicles. All employees who have been authorized to use their own transportation on City business shall be reimbursed for actual mileage at the then current reimbursement recognized by the Internal Revenue Service. Section 2. Appearances Before the Civil Service Commission PERC. or Labor Arbitrators Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or a labor arbitration may attend without loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 3. Guild Negotiating Committee Up to four (4) employees who serve on the Guild Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 4. Guild Business The Department shall afford Guild representatives a reasonable amount of time while on -duty to consult with appropriate management officials, Guild counsel and/or aggrieved employees, provided that the Guild representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be 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 Guild representatives shall not use excessive time in handling such POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 125 responsibilities. The Guild shall give the City as much advance notice as reasonably possible of such time off requests. Section 5. Bulletin Boards The City shall permit the use of a bulletin board by the Guild for the posting of notices relating to official Guild business, so long as the matters posted are not discriminatory or otherwise unduly interfere with the operations of the Department. Section 6. Damage of Personal Effects Employees who, in the line of duty, suffer damage to personal property and/or clothing, will have same repaired or replaced at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (i.e.-no Rolex watches). Section 7. Personnel Files Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that he/she believes is erroneous or irrelevant. If the employee does not agree with the City's decision, he/she may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Section 8. Uniforms and Equipment a. (i) Department Issued Uniforms and Equipment. As detailed more fully in a Memorandum of Agreement between the parties agreement on uniforms, all commissioned officers shall be furnished required uniforms and equipment. a. (ii) Dry -Cleaning. Uniforms shall be dry-cleaned at the City's expense as necessary. a. (iii) Annual Allowance. All employees shall be paid an annual allowance per the schedule below for reimbursement for expenses incurred in the purchase of job -related footwear, clothing, and pre -approved accessories. No such payment will be rolled over to the next year in the event an employee does not purchase job -related footwear, clothing, or accessories during a year. • Officers assigned to the Criminal Investigations Section property crimes or crimes against persons units and the Administrative Officer in Professional Standards will be paid up to $600 per calendar year. This amount is expected to cover the cost of clothing needed in the investigations unit (sport coats, crime scene clothes, etc.), accessories, and uniform footwear. • Traffic officers assigned to motorcycles shall be paid up to $325 per calendar year. This amount is expected to cover the cost of required POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 126 footwear, clothing, accessories, and eye protection. ® All other employees will be paid up to $200 per calendar year. This amount is expected to cover the cost of accessories, footwear, and other items of clothing needed in uniform service. If an employee is transferred to CIS during a calendar year, the combined total reimbursement is capped at $600 for that year, regardless of whether the employee used some allowance funds earlier in the year. Likewise the total reimbursable expense is capped at $325 for new motorcycle officers. Employees must retain receipts of purchased items and submit the receipts collectively to the City for reimbursement one time per calendar year at any time during the year but no later than December 31. The City will reimburse each employee once annually up to the maximum allowed amount(s) as outlined above. As used in this Section, "accessories" include the following items. Nothing prohibits the City and Guild from modifying this list through written agreement. • T-shirts (black or white) • Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD" embroidery is optional) • Socks (black) • Baseball caps (with FWPD mini -patch) • Watch cap (with FWPD mini -patch) • Nylon web gear • "Comfort Fit' Belt System • Handcuffs (nickel -plate or black finish) • Metal baton • Mini -flashlight • Mini -flashlight pouch/holder • Key Holder • Latex glove holder • Radio earpiece • Folding knife (no more than 4" blade length) • Patrol bag / Carry case • External Armor Carrier (see MOS 41.35D External Body Armor • Specs) • Suspenders for duty belt • Holsters (must comply with department specifications for either • Uniform or plain clothes on -duty use) • Firearms (must comply with department specifications for either • uniform or plain clothes on -duty use) • Sights for firearms (must comply with department specifications for POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 127 either uniform or plain clothes on -duty use) Section 9. Jury Duty An employee required by law to serve on jury duty shall continue to receive salary for up to eighty (80) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, he/she will inform his/her immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. Officers who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Section 10. PIO / OPS / PSO The duties currently performed by the Public Information/Crime Prevention Officer and the duties previously performed by the bargaining unit employee assigned to the Office of Professional Standards may be assigned to non -bargaining unit employees employed by the City. Section 11. Community Center Guild members will be eligible to participate in the Federal Way Community Center's employee discount program pursuant to the Employee Guidelines. The parties recognize the City may need to make changes to the program. In the event the City desires to make changes, the City shall give the Guild at least ten (10) days' notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. Section 12. Domestic Partner/Partnership a. Requirements. In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: (i) Not related by blood closer than would bar marriage in Washington State. (ii) Not married to another or in any other domestic/civil partnership. (iii) 18 years of age. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 128 (iv) Competent to contract when the domestic partnership began. (v) Each other's declared sole domestic partner. (vi) Currently sharing primary residence/mutual support/intend indefinitely. (vii) In an intimate, committed, and exclusive relationship (viii) Of the same sex and/or opposite sex and responsible for each other's common welfare. b. Benefits (i) A person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's "spouse"/"dependent" for all purposes under this agreement. (ii) A dependent child of a person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's "child"/"dependent" for all purposes under this agreement. Section 13. Tuition Reimbursement a. (i) The City will reimburse employees for the cost of tuition and for the cost of books, for prospective requests only, as long as the subject matter of the specific course or course of study is job -related and the tuition costs do not exceed those found at the University of Washington. a. (ii) In order to obtain the reimbursement, the bargaining unit member must successfully complete the course, attaining a C grade or higher and must reimburse the City if they leave the City's employ within two years of class completion. a. (iii) The City shall make twenty thousand dollars ($20,000.00) per year available to bargaining unit members for tuition reimbursement. If at any time during a year the maximum twenty thousand dollars ($20,000.00) limit is reached, then all subsequent requests for tuition reimbursement shall be denied. ARTICLE 11: PROHIBITED PRACTICES Neither the Guild nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow -down, lock -outs, or any other unlawful organized effort that interferes with the efficient operation of the Department. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Guild POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 129 agrees that the level of any such disciplinary action issued by the City shall be final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12: REDUCTION -IN -FORCE Section 1. Layoff Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall Employees laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days, even though he/she cannot actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Criminal Investigations In criminal matters, an employee shall be afforded the Constitutional rights available to any citizen. Section 2. Disciplinary Definitions For purposes of this article, "discipline" means verbal warnings, written reprimands, suspension without pay, a withheld step, demotion, and discharge. "Consequential discipline" means suspension without pay, a withheld step, demotion, and discharge. "Corrective discipline" means verbal warnings and written reprimands. "Disciplinary Investigation" includes standards investigations done by the Police Department and investigations done by Human Resources or an agent thereof. "Interrogation" means any questioning of a subject employee by an agent of the City who is conducting a disciplinary investigation. Section 3. Kina Countv Inquests The City will not impose corrective or consequential discipline against an employee based solely on the findings of a King County inquest proceeding. Section 4. Just Cause No employee shall be subject to discipline except for just cause. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 130 Section 5. Off -duty Misconduct An employee who engages in off -duty misconduct may be subject to discipline when: (1) the off -duty misconduct, if known, would harm the City's reputation in the community; (2) the off -duty conduct materially affects the employer's business operation; or (3) the conduct is inconsistent with the office that the police officer holds. Section 6. Disciplinary Investigations In disciplinary investigations the following guidelines shall be as follows: a. The Department will notify a member of the Guild E-Board: 1. Prior to serving an employee with notice of the disciplinary investigation; 2. Prior to interviewing subject employee; and 3. Of the results of an investigation after it is completed. b. The subject 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 Guild's right to request information. C. Employee will be given reasonable notice of scheduled interview times unless such notice would jeopardize the successful completion of the investigation. The notice will also: 1. Advise the employee whether s/he is being interviewed as a witness or is the subject of the investigation (is accused of wrong -doing); 2. Advise the subject employee of his/her right to have a Guild representative present at the interview. Neither the investigator nor the police administration will discourage the presence of a Guild representative; and 3. When a subject or witness employee states a desire to have representation present, the Department will allow a reasonable time for the employee to summon representation. d. Interrogations shall take place at the City Police Department and will occur during the employee's normal work hours; during the employee's assigned administrative leave hours; or at a time and place agreed upon by the interviewer and the Guild. e. During the interrogation and before questioning occurs, the investigator POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 131 will inform the employee that failure to fully and truthfully answer questions may result in disciplinary action up to and including termination. f. Questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. 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 shall tape record the interrogation of a subject employee. Upon request, a copy of the tape and the transcript will be provided to the Guild. For all Guild witnesses (other than the subject employee), the Department will either tape the interview or seek a written statement, which will become part of the investigation and will be provided to the Guild upon request. Disciplinary investigations shall be concluded in a reasonable time. Section 7. Pre -Discipline Meetings Prior to the imposition of corrective or consequential discipline, the Department shall provide a complete copy of the investigation file to the Guild. In addition, the Department shall notify the Guild of the proposed level of corrective or consequential discipline. In cases where corrective or consequential discipline is recommended, the subject employee and/or the Guild may meet with the Chief of Police or his/her designee to provide mitigating circumstances related to the disciplinary action being considered. Section 8. Imposing Disci Ip ine The Department shall provide written notice to the subject employee and the Guild of the imposed discipline, including a summary of the factual conclusions and the policies, procedures and/or standards violated. Verbal reprimands are subject to steps 1 through 4 of the Article 14 Grievance Procedures; written reprimands are subject to steps 1 through 5 of the Article 14 Grievance Procedures. Consequential discipline is subject to all steps of the Article 14 Grievance Procedure. Section 9. Maintenance of Disciplinary Records Disciplinary records will be maintained and used consistent with the Department's Manual of Standards Section 26.1.8 and State retention schedule for POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 132 government records. ARTICLE 14: GRIEVANCE PROCEDURE Section 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 Guild 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 Guild, 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 Guild 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. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 133 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 Manager of Human Resources, by the Guild 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 by the Guild within thirty (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 by the Guild, 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 2. Arbitration Panel For non -disciplinary grievances, the City and the Guild shall try to agree upon a mutually acceptable Arbitrator. If the parties fail to agree, they shall request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service, with all Arbitrators being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. For disciplinary grievances, the arbitrator shall be assigned by PERC under the arbitrator assignment process for law enforcement personnel disciplinary grievances established by SSB 5055 (2021). The decision of the Arbitrator shall be final and binding on the parties. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 134 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 Police Guild 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 Arbitrator shall be borne equally by the parties. d. All other costs and expenses will be borne by the party incurring them, including the costs of representation. e. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 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 4. Multiple Procedures In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended up to 30 days to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance procedure. Section 5. Stop 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 6. Just Cause Standard No employee may be discharged, suspended without pay, demoted (except as POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 135 provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, for just cause. Section 7. Probationary Period All newly hired must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee completes the training academy and receives his/her commission. The probationary period for lateral hires shall end six (6) months from the date the employee is hired. 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 The probationary period is an extension of the hiring process; therefore, the provisions of this Article will not apply to employees if they are discharged during their initial probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with this Article. Section 8. Parties to the Agreement In as much as this is an agreement between the City and the Guild, no individual employee may make use of the provisions of this Article, except as expressly provided above. TICLE 15: NONDISCRIMINATION The Employer and the Guild shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on any basis prohibited by law. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Guild agree that they will cooperate in complying with the Americans with Disabilities Act. ARTICLE 16: DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. In such situations, the following process shall apply: POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 136 a. If the officer has been specifically informed by his/her physician that the drug(s) will not impair performance or the ability to operate an automobile, the officer is not requited to make a disclosure to the Department. b. In cases where an officer makes an advisement to the Department, the Chief shall determine whether the drug could impair the ability of an officer to operate an automobile or perform other job functions (hereafter "impair performance"). In situations where the answer to that question is not otherwise clear to the Chief, or in cases where the officer believes that there will be no impaired performance, the Chief will seek the expertise of a medical professional to determine whether the drug(s) could impair performance. c. If the medical professional consulted by the Chief states that the drug would not impair performance, or if the Chief is otherwise able to make this same determination, the officer will be so informed and no further action will be taken. d. If the medical professional concludes the drug could impair performance, or if otherwise required pursuant to this Agreement, the officer will provide written authorization from a physician that the drug will not impair performance. In responding to the request, the physician will only be asked to confirm that the drug will not impair performance, and will not be asked to provide an further information to the Chief. e. If the physician determines that the drug could impair performance that information will be provided to Human Resources for a determination of whether accommodations can be made. Any information provided to the City will be placed in an ADA compliant confidential file, and will not be put in the officer's personnel file. Any required contact employees have with their own physician, related to the requirements of this Agreement, may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his/her own physician as a condition of opining of the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 137 enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Section 2. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or such drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Section 3. For the purpose of administering this Article the following definition of terms is provided a. Reasonable Suspicion. Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy, b. Under the Influence. In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Nanograms per milliliter) (nglml) Test Level Amphetamines................................................................................... 1000 Barbiturates.................................................................................... ............... 300 Benzodiazepines............................................................................................ 300 Cannabinoids................................................................................................. 100 Cocaine metabolites........................................................................................ 300 Methadone................................................................................................... 300 Methaqualone......................................................................... ... 300 Opiates(Codeine)........................................................................................... 300 Opiates(Morphine).....................................................:.................................. 300 Phencyclidine (PCP).......................................................................................... 25 Propoxyphene.................................................................................................. 300 Level of the positive result for alcohol ............... ...................... 0.04 blood alcohol POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 138 C. Illegal Drugs. All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over -the -Counter Drugs. Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. e. Prescription Drugs. All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with a Guild representative, if one is readily available. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Guild representative may be present during this discussion. C. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Guild representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Guild representative) and proper chain -of -custody procedures shall be followed. f. The collection of the samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties. The results of such tests shall be made available to the Employer and the Guild. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 139 must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: ng/ml. h. If immunoassay is specific for free morphine, the initial test level is 25 Section 5. Confirmatory Test. Marijuana metabolites................................................................ 15 ng/ml Cocaine metabolites................................................................. 150 ng/ml Opiates Morphine ....................................... ..................... 300 ng/ml Codeine ....................................... . . . . . ... ........... -..... 300 ng/ml Phencyclidine.............................................. •--,..................... 25 ng/ml Amphetamines Amphetamine................................................................. 500 ng/ml Methamphetamine........................................................... 500 ng/ml Section 6. At the employee's or the Guild's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost of this test will be paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. Section 7. The employee and the Guild (upon consent of the employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate the Medical Review Officers (MRO) provided by AWC to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over-the- counter drug, or reported to work while under the influence of alcohol, the employee shall be subject to discipline, including immediate discharge. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 140 ARTICLE 17: SENIORITY The term seniority as used in this Agreement will be defined as total service as a police officer for those officers hired before July 15, 1997, and as total service as police officers with the City of Federal Way for employees hired thereafter. However, previous service as a Federal Way police officer will not be considered for employees rehired after two years or more of separation from the Department. For new and lateral hires on or after January 1, 2022: the employee's date of hire will be used for City seniority (for benefits, insurance, leave accruals, and other Citywide purposes), and the employee's commission date will be used for Police Department seniority (for overtime, vacation bid, shift bid, take home cars, and other Police Department specific purposes). ARTICLE 18: SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof, provided, however, upon such invalidation the parties agree to meet and negotiate the affected provision(s). The remaining provisions shall remain in full force and effect. ARTICLE 19: RESERVED ARTICLE 20: DURATION This agreement shall be effective until December 31, 2024. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on the date of signing. DATED this I sr day of MCI'_Ct1X .2022. CITY OF FEDERAL WAY: Jli Ferrell, Mayor Approved as to form: City Attorney, J. Ryan Call FEDERAL WAY POLICE GUILD: RicNZ rd Kim, Guild esident POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 141 APPENDIX A WAGES Police Officer: Effective and retroactive to January 1, 2022 a 4.0% increase. Step A Step B Step C Step D Step E (0-12 mo. (13-24 mo.) 25-36 mo. (37-48 mo.1 48+ $6087 $6393 $6940 $7523 $8165 Effective January 1, 2023 a 4.0% increase. Step A Step B Step C Step D Step E @0-12 mo.) (13-24 mo.) (25-36 mo.) (37-48 mo.) (48+) $6330 $6649 $7218 $7824 $8492 Effective January 1, 2024 a 4.0% increase. Step A Step B Step C Step D Ste E (0-12 mo. (13-24 mo.) (25-36 mo.) (37-48 moj (48+) $6583 $6915 $7507 $8137 $8832 The Guild understands that former employees will not receive retroactive pay pursuant to this Agreement. DEFERRED COMPENSATION: The City shall maintain a qualified deferred compensation program, requiring the City to match monthly contributions made by bargaining unit employees up to a maximum City contribution of two (2) percent of the employee's base rate of pay. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 142 APPENDIX B OVERVIEW FOR CAREER DEVELOPMENT PROGRAM Item 0-5 years 6-10 years 11-15 years 16-20 years 21 years + Career Development 0%* 3.25% 5.25% 7.25% 9.25% Program 1 % 2% 1 % 2% City Residency 1 % 1 % 1 % 2% A. A. Degree 2% 2% Bachelor's 4% 4% 4% 4% 4% Degree Placement on the schedule is based on total years of experience as a commissioned police officer regardless of whether such experience is with the City or other jurisdictions. The steps under this schedule are not cumulative and an employee is only entitled to the percentages under the step (i.e. 0-5 years, 6-10 years, 11-15 years, 16- 20 years, 21 years+) they are currently at. New hire Officers must be off probation to receive Career Development Pay. However, Lateral hire Officers will receive Career Development Pay during probation. An employee who is in the Career Development Program and establishes residency in the City shall immediately begin receiving Career Development Residency pay. An employee who is in the Career Development Program and leaves residency in the City shall immediately cease receiving Career Development Residency pay. The percentages set forth above are calculated on and added to the base rate. Matrix Requirements (at least one of the following three): 1. Formal education (at least 2 credits) at an accredited college or university, or POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 143 2. Obtain at least 50 hours of specialized or in-service training annually, or 3. Serve in a specialized or collateral assignment. a. Specialized Assignments: SWAT, SOU, SROs, Commons, Mall, FTO, CIS/SIU, Traffic Unit, Bomb Unit, K-9, Basic Academy Tac Officer. b. Collateral Assignments: Firearms Instructor, Defensive Tactics Instructor, First Aid Instructor, Motor Instructor, EVOC Instructor, SFST Instructor, Traffic School Instructor, BAC Instructor, Radar Instructor, MAIT Team, Drug Recognition Expert ("DRE"), DRE Instructor, Civil Disturbance Unit ("CDU"), Administrative Officer, Crisis Communications Unit/HNT, Taser Instructor, and Total Station and such other assignments as mutually agreed by the parties. Review of officer performance in the Career Development Program Matrix will occur at time of the officer's performance appraisal. Failure to meet requirements of program will result in loss of Career Development Program percentage only for a minimum of one (1) year. A failure to meet the requirements of the program will not result in the loss of education and/or residency pay. In any year in which the City fails to fund or offer training or tuition reimbursement at the level of public universities in the State of Washington, the continuing education requirements to participate in the Career Development Program will be waived. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 144 APPENDIX C CALLBACK OVERTIME Home preparation time and travel time to & from work are not compensated. (The only exception is for unexpected specialty callbacks as described below.) Compensation for extra work begins at the start of the shift for which the employee signed up, at the start of a pre -planned meeting, or at the scheduled start of another planned event. When an officer is unexpectedly called back for patrol coverage outside of regular shift starting times:' • For officers without a take home vehicle, overtime starts when the employee arrives at the police station. • For employees with take home vehicles, overtime starts when the officer is in uniform, in their police vehicle, within the city limits, and calls in service. For court appearances during an employee's normal time off, overtime starts at the designated appearance time in court.2 If, however, the officer first arrives at the FW police station to get a police car, overtime includes travel time from FWPD to court. Overtime continues until the employee is released from court and arrives back at FWPD. For specialty employees3 responding to an unexpected callback during their normal off -duty hours, overtime starts at the time the employee gets the call directing them to come to work. Pre -arrival time is capped at one hour. (One hour prior to arrival or the actual commute time, whichever is less.) This applies the same to all responding specialty employees, whether they go to the police station first or travel directly to the scene. Compensation for travel time specifically does not apply to: • Regular work shifts Travel time home from work, no matter what the occasion or event • Shift call -in or callback for patrol • Any extra work to which the employee was assigned in advance (i.e., a planned operation by CIS, a scheduled warrant service by SWAT, work teams on July 4, etc.) 1 This includes occasions when CBA Article 8, Section 3 would normally apply 2 This includes when an officer drives directly to court from home. 3 Applicable specialties include CIS, SWAT, BDU, MAIT, and Total Station. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 145 • Work for which the employee voluntarily signed -up (extra patrol shifts, emphasis patrols, extra duty, etc.) ■ Any pre -approved overtime (by definition, if something is pre -approved then it isn't an unexpected callback, such as CIS case completion on a weekend) • Training (as an instructor or student) • RSO work POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 146 APPENDIX D DETECTIVES Proposition Model: Adding 4 detectives Day Shift 0600 —1600 Swing Shift 1100 - 2100 Persons Unit 5 1 Property Unit 5 1 Family Unit 2 (new positions) 2 (new positions) 12 4 • Total of 16 detectives • Modify a lieutenant schedule to cover Swing Shift hours • Detectives will work Monday — Friday (Saturday's excluded) • Detective can adjust schedule with supervisor approval — current practice TRAFFIC UNIT • Proposition Model: Adding 4 Traffic Officers (3 motorcycle and 1 car) • Work Days: Monday — Saturday • Hours: 0600 — 2100 • Motorcycle Officers will work day light hours (some will be adjusted for Winter and Summer seasons) • Accident Cars will work Day and Swing Shift hours, (i.e., to 2100 hours) • If DUI Officer is assigned to Traffic Unit, the hours will be into early morning hours, i.e. 0400 hours. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2022-2024 Page 147