AG 14-118 - CORPORALRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: h'11Ai1r1 Prig [� eS;&Lt_ytcs
2. ORIGINATING STAFF PERSON: .,,, S a, EXT: a5ia_ 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
�ONTRACT AMENDMENT (AG #): ' I 1 ❑ INTERLOCAL
❑ OTHER
(( _'' ,, �n
5. PROJECT NAME: �-� t Ld Jt C, �"v 6 l �� e0o .CJ I ► I 0 Ll
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
E -MAIL: FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: COMPLETION DATE:
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑
CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
• RISK MANAGEMENT (IF APPLICABLE)
• LAW
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL/ DATE SIGNED
❑ LAW DEPARTMENT
❑ CHIEF OF STAFF
X SIGNATORY DIRECTOR) I j'
'ITY CLERK
AG# AG# / {i
/QASSIGNED
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
11/9
RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: h'11Ai1r1 Prig [� eS;&Lt_ytcs
2. ORIGINATING STAFF PERSON: .,,, S a, EXT: a5ia_ 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
�ONTRACT AMENDMENT (AG #): ' I 1 ❑ INTERLOCAL
❑ OTHER
(( _'' ,, �n
5. PROJECT NAME: �-� t Ld Jt C, �"v 6 l �� e0o .CJ I ► I 0 Ll
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
E -MAIL: FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: COMPLETION DATE:
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑
CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
• RISK MANAGEMENT (IF APPLICABLE)
• LAW
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL/ DATE SIGNED
❑ LAW DEPARTMENT
❑ CHIEF OF STAFF
X SIGNATORY DIRECTOR) I j'
'ITY CLERK
AG# AG# / {i
/QASSIGNED
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
11/9
Memorandum of Understanding
WHEREAS, the Federal Way Police Officers Guild (hereinafter referred to as the
"Guild ") and the City of Federal Way (hereinafter referred to as the "City ") have been
and are signatory to a January 1, 2013 through December 31, 2015 collective
bargaining agreement (hereinafter referred to as "CBA ") setting forth the wages, hours,
and other terms and conditions of employment for members of the bargaining unit
represented by the Guild; and
WHEREAS, the CBA establishes a position of Corporal and determines the
monetary compensation therefor; it is therefore
AGREED BY AND BETWEEN THE PARTIES HERETO, in consideration of the
mutual promises contained herein and other good and valuable consideration, that:
A. Minimum qualifications to apply for the position of Corporal are: five years of
full -time police service, the most recent two years of which must be
continuous service as a full -time Federal Way police officer.
a. The years of service must be achieved by the date applications close.
B. Unless otherwise agreed upon by the Guild and the Office of the Chief of
Police, the selection process for Corporals shall be:
1. The Office of the Chief shall post an announcement to accept applications
for at least 14 calendar days. The announcement shall be circulated via
police department email.
2. Applicants will submit a letter of interest and resume via email.
3. After the closing date, applicants will participate in a table -top tactical
scenario, assessing each applicant's ability to manage field incidents.
This process shall be scored.
a. One objective of this scenario phase is to reduce the pool of
applicants to a manageable number for more detailed
consideration.
b. It is expected that there will be several promotions in the first group
of Corporals (anticipated to be effective January 1, 2015). For this
group promotion, the top 18 on the tactical scenario will be on the
list. If there are 18 or fewer applicants the tactical scenario may be
waived, if agreed by the Guild and the Chief.
c. In subsequent selection processes, if there are 10 applicants or
less the scenario phase may be waived, if agreed by the Guild and
the Chief.
4. The Chief will send the list of remaining applicants to the entire police
department by email, soliciting feedback from throughout the agency.
Applicant names will be in alphabetical order.
5. After considering feedback, the Chief of Police has discretion to select
Corporals from anyone on the list.
C. The Corporal position shall be designated by two stripes located below the
shoulder patch on uniform shirt sleeves.
Memorandum of Understanding
WHEREAS, the Federal Way Police Officers Guild (hereinafter referred to as the
"Guild ") and the City of Federal Way (hereinafter referred to as the "City ") have been
and are signatory to a January 1, 2013 through December 31, 2015 collective
bargaining agreement (hereinafter referred to as "CBA ") setting forth the wages, hours,
and other terms and conditions of employment for members of the bargaining unit
represented by the Guild; and
WHEREAS, the CBA establishes a position of Corporal and determines the
monetary compensation therefor; it is therefore
AGREED BY AND BETWEEN THE PARTIES HERETO, in consideration of the
mutual promises contained herein and other good and valuable consideration, that:
A. Minimum qualifications to apply for the position of Corporal are: five years of
full -time police service, the most recent two years of which must be
continuous service as a full -time Federal Way police officer.
a. The years of service must be achieved by the date applications close.
B. Unless otherwise agreed upon by the Guild and the Office of the Chief of
Police, the selection process for Corporals shall be:
1. The Office of the Chief shall post an announcement to accept applications
for at least 14 calendar days. The announcement shall be circulated via
police department email.
2. Applicants will submit a letter of interest and resume via email.
3. After the closing date, applicants will participate in a table -top tactical
scenario, assessing each applicant's ability to manage field incidents.
This process shall be scored.
a. One objective of this scenario phase is to reduce the pool of
applicants to a manageable number for more detailed
consideration.
b. It is expected that there will be several promotions in the first group
of Corporals (anticipated to be effective January 1, 2015). For this
group promotion, the top 18 on the tactical scenario will be on the
list. If there are 18 or fewer applicants the tactical scenario may be
waived, if agreed by the Guild and the Chief.
c. In subsequent selection processes, if there are 10 applicants or
less the scenario phase may be waived, if agreed by the Guild and
the Chief.
4. The Chief will send the list of remaining applicants to the entire police
department by email, soliciting feedback from throughout the agency.
Applicant names will be in alphabetical order.
5. After considering feedback, the Chief of Police has discretion to select
Corporals from anyone on the list.
C. The Corporal position shall be designated by two stripes located below the
shoulder patch on uniform shirt sleeves.
D. Corporals shall assume the duties previously done by Officers In Charge
(OICs).
E. The OIC program is made obsolete by the Corporal position.
F. Corporal seniority is determined based on the effective date of the
appointment. When more than one Corporal are appointed effective the
same day, seniority within the Department (based on dates of hire) shall
break ties.
G. Patrol Corporals will bid each year for patrol squads. Corporals will bid after
the lieutenants bid results are final and prior to initiating the officers' bid.
Bidding is based on seniority.
H. Patrol Corporals normally shall logon as patrol officers with a sector call sign.
I. Patrol Corporals shall respond to calls for service and conduct pro- active
enforcement, the same as patrol officers.
J. Patrol Corporals shall supervise significant field incidents when the lieutenant
is involved at another scene or is otherwise unavailable.
K. When there is an unplanned absence by the squad lieutenant, the Corporal
shall assume all supervisory duties of that squad for that 10 -hour shift. In
these cases the Corporal shall logon with a 6W90- series call sign.
L. If an on -duty lieutenant expects to be involved with an administrative
task /detail for an extended time during a shift, the lieutenant may assign the
Corporal to supervise the field during that time. Under these circumstances
the Corporal should logon or relog with a 6W90- series call sign.
M. The CIS Corporal shall be assigned to either Persons Crimes or Property
Crimes at the discretion of the CIS Commander.
N. The CIS Corporal is a main - stream detective and shall maintain and
investigate a case load.
O. The CIS Corporal shall supervise CIS personnel when no CIS lieutenant is
available.
P. Corporals desiring to compete for an officer -level specialty position will
relinquish their Corporal position if selected for the specialty position.
Q. Being a Corporal shall not be a prerequisite to apply for the position of
Lieutenant.
R. Removal from the Corporal position shall be for just cause.
S. The parties agree that the Corporal is not a civil serIVviicce position.
IN WITNESS WHEROF, we have set our hands this %O day of August 2014.
FEDERAL WAY POLICE OFFICERS GUILD
Ri hard Ki , President
2
CITY OF FEDERAL WAY
D. Corporals shall assume the duties previously done by Officers In Charge
(OICs).
E. The OIC program is made obsolete by the Corporal position.
F. Corporal seniority is determined based on the effective date of the
appointment. When more than one Corporal are appointed effective the
same day, seniority within the Department (based on dates of hire) shall
break ties.
G. Patrol Corporals will bid each year for patrol squads. Corporals will bid after
the lieutenants bid results are final and prior to initiating the officers' bid.
Bidding is based on seniority.
H. Patrol Corporals normally shall logon as patrol officers with a sector call sign.
I. Patrol Corporals shall respond to calls for service and conduct pro- active
enforcement, the same as patrol officers.
J. Patrol Corporals shall supervise significant field incidents when the lieutenant
is involved at another scene or is otherwise unavailable.
K. When there is an unplanned absence by the squad lieutenant, the Corporal
shall assume all supervisory duties of that squad for that 10 -hour shift. In
these cases the Corporal shall logon with a 6W90- series call sign.
L. If an on -duty lieutenant expects to be involved with an administrative
task /detail for an extended time during a shift, the lieutenant may assign the
Corporal to supervise the field during that time. Under these circumstances
the Corporal should logon or relog with a 6W90- series call sign.
M. The CIS Corporal shall be assigned to either Persons Crimes or Property
Crimes at the discretion of the CIS Commander.
N. The CIS Corporal is a main - stream detective and shall maintain and
investigate a case load.
O. The CIS Corporal shall supervise CIS personnel when no CIS lieutenant is
available.
P. Corporals desiring to compete for an officer -level specialty position will
relinquish their Corporal position if selected for the specialty position.
Q. Being a Corporal shall not be a prerequisite to apply for the position of
Lieutenant.
R. Removal from the Corporal position shall be for just cause.
S. The parties agree that the Corporal is not a civil serIVviicce position.
IN WITNESS WHEROF, we have set our hands this %O day of August 2014.
FEDERAL WAY POLICE OFFICERS GUILD
Ri hard Ki , President
2
CITY OF FEDERAL WAY
RETURN TO:
EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON:
In
LT:
3. DATE REQ. BY:
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT
❑ MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT
❑ HUMAN SERVICES / CDBG
• REAL ESTATE DOCUMENT
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE
❑ RESOLUTION
CONTRAC AMENDMENT (AG #):
❑ INTERLOCAL
OTHER e
5. PROJECT NAME: Vd `1 Cl � u� � G cg O 1 )- aC)\ S
6.
NAME OF CONTRACTOR:
ADDRESS:
E -MAIL:
SIGNATURE NAME:
TELEPHONE
FAX:
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: ' 3 COMPLETION DATE: i °� 131 I av1S
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑
CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
❑ PROJECT MANAGER
• DIRECTOR
• RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
• SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
AW DEPARTMENT
❑ CHIEF OF STAFF
SIGNATORY AY R DIRECTOR)
CITY CLERK
- ><ASSIGNED AG#
!, SIGNED COPY RETURNED
COMMENTS:
11/9
INITIAL / DATE SIGNED
`- 1(o•1y
AG# J H
DATE SENT: -1 • \ �
-71 I5' 11
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE GUILD
Collective Bargaining Agreement
PREAMBLE: The Federal Way Police 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 Academy. 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. It shall be a condition of employment that all
bargaining unit employees shall become members of the Guild and remain members in
good standing or pay an agency fee to the Guild for their representation to the extent
permitted by law. It shall also be a condition of employment that employees covered by
this Agreement and hired on or after its effective date shall, by the thirtieth day following
such employment, become and remain members in good standing in the Guild or pay
an agency fee to the Guild for their representation to the extent permitted by law.
Provided, that employees with a bona fide (as determined by the Public
Employment Relations Commission) religious objection to Guild membership and /or
association shall not be required to tender those dues or initiation fees to the Guild
as a condition of employment. Such employee shall pay an amount of money
equivalent to regular Guild dues and initiation fees to a non - religious charity mutually
agreed upon between the public employee and the Guild. The employee shall
furnish written proof that payment to the agreed upon non - religious charity has been
made. If the employee and the Guild cannot agree on the non - religious charity, the
Public Employment Relations Commission shall approve the charitable organization.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
It shall be the obligation of the employee requesting or claiming the religious
exemption to show proof to the Guild that he /she is eligible for such exemption. All
initiation fees and dues paid to the charity shall be for non - political purposes.
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 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.
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.
Section 6. Hold Harmless. The Guild will hold the City harmless from any
and all liability resulting from the City's compliance with this Article.
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:
1. The City and the Department shall retain all rights and authority to which
by law they are entitled.
2. The City shall have the authority to organize and reorganize the
operations within the Department.
3. The 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.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
2
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. to discharge probationary employees for any reason.
Employees who are discharged before completing their probationary period
shall not have access to the grievance procedures of this Agreement to
protest or challenge the discharge, or the reasons therefor.
c. to recruit, hire, promote, fill vacancies, transfer, assign, and
retain employees.
d. to lay off employees for lack of work or funds or other legitimate
reasons.
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.
Section 3. The parties recognize the City may perceive a need to make
operational changes in areas that are not covered by the above management
responsibilities. 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 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. Should resolution not be
achieved 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 2013 -2015
July 2014
ARTICLE 3: HOLIDAYS
Section 1. Observed Holidays. On January 1St of each year, the City shall
bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit
employee for the following observed holidays:
For employees hired after January 1 st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1St during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31 st 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.
Effective January 1, 2010 the holiday bank shall increase from 96 hours to 116
hours of holiday pay. The additional 20 holiday hours will not be prorated, but will
be a lump sum added at the beginning of the calendar year or upon commencement
of employment.
The two (2) 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
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
4
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
Fourth day of July
Independence Da
First Monday of September
Labor Da
11th Day of November
Veteran's Da
Fourth Thursday of
November
Thanksgiving Day
Friday following the fourth
Day after Thanksgiving
25th day of December
Christmas Day
2 Floating Holidays
For employees hired after January 1 st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1St, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1St during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31 st 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.
Effective January 1, 2010 the holiday bank shall increase from 96 hours to 116
hours of holiday pay. The additional 20 holiday hours will not be prorated, but will
be a lump sum added at the beginning of the calendar year or upon commencement
of employment.
The two (2) 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
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
4
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, New Year's Day (and an additional day each year to
be designated, prior to December 1 st of the previous year, by the City) shall be paid at
time and one half 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 31S). 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.
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.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Section 4. Holiday Scheduling. The current allocation model for determining
the number of employees that will be allowed off for an observed holiday will continue
to be utilized, provided, however, that the City shall assume full authorized staffing (as
opposed to the number of employees actually employed). On Thanksgiving and
Christmas: patrol squads A, B, E, F, G, and H may have up to three officers gone on
vacation /holiday /comp time; patrol squads C and D may have up to two officers gone
on vacation /holiday /comp time; and minimum staffing is seven patrol officers from noon
to midnight. Parties may re -open for 2015 if the 8 -squad system remains in place.
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:
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.
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 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.
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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
1 204 __7d
Upon
beginning of Year 26
1 220
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.
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 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.
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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
City Manager, 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, provided, however, that the current allocation model for determining the number
of employees that will be allowed off for vacation will continue to be utilized, provided,
however: (a) the City shall assume full authorized staffing (as opposed to the number of
employees actually employed) and (b) no less than three (3) employees per squad on
each shift shall be allowed off on Thanksgiving and Christmas.
If the City cancels vacation once it has been approved and the affected
employee has incurred non - refundable expenses in planning for the same, the
employee shall be reimbursed by the City for those expenses. Any employee called
back to duty once vacation has begun shall be reimbursed for any additional
transportation costs incurred in returning to duty.
Section 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
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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
Section 1. Sick leave benefits are accrued by employees based on their
eligibility to participate in either the LEOFF 1 or LEOFF 11 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 1,040 hours.
Section 2. 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 the serious injury or illness of a spouse or children living in the employee's
household requiring the employee's presence. Sick leave benefits may be used in one
quarter -hour (15 minutes) increments.
Section 3. Sick Leave Payment 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 at the employee's current hourly rate.
Death in the Line of Duty. The City agrees to pay one hundred
percent (100 %) of an employee's unused accrued sick leave when death occurs
in the line of duty.
Section 4. 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
without deducting any leave for thirty (30) days. In the event the employee
cannot return to work on the thirty -first (31S) 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
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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 5. Family Care and Death.
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
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 three (3)
days 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 construed to mean persons
related by blood or marriage to an employee as follows: grandmother, grandfather,
mother, father, step parents, husband, wife, son, daughter, step children, legally
adopted children, brother, sister, and grandchildren.
Section 6. 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.
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Section 7. 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.
Section 8. Physical Fitness.
a. Incentive. In recognition of the benefits of physically fit employees and
the fact that employees may expend their personal time to maintain a level of fitness,
each six months the department will conduct the physical fitness test that is required for
completion of the Washington State Criminal Justice Commission Basic Law
Enforcement Academy for officers, providing one on -duty opportunity for each shift to
pass the test. Each officer will get to take the test only once every six months. Any
officer that passes the exam will receive $150 (a potential of $300 annually). The first
six month period will be July through December 2014.
b. 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 9. 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 period.
Section 10. Sick Leave Incentive. In January of each calendar year,
employee sick leave usage will be reviewed. Employees who have not used any sick
leave in the preceding calendar year, and who have been continuously employed
during that entire calendar year, shall be rewarded by having eight (8) additional hours
credited to their vacation account.
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
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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.
ARTICLE 6: WAGE RATES
Section 1. Wages. Wage rate shall be as specified in Appendix A.
Section 2. Career Development Program. All officers not enrolled in the P3
option as of January 1, 2005, and all officers either electing to switch to the Career
Development Program after January 1, 2005 or who become entitled to the same or
more pay under the Career Development Program than the pay he /she is receiving
under the P3 option after January 1, 2005 will only be eligible to participate in the
Department's Career Development Program. A description of the Career Development
Program is contained in Appendix B.
Section 3. Conversion /Phase Out of P -3. The P -3 Plan will be phased out
by attrition, over time, in accordance with this section:
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a. Effective January 1, 2005, the City will establish a "P -3" pay step. This
pay step shall be 6.25% above the Step E pay rate for Police Officer and shall be
reflected on Appendix A.
b. All officers enrolled in the P -3 option as of January 1, 2005 shall be paid
at the P -3 pay rate. Payment of the P -3 pay rate shall be retroactive to January 1,
2005.
C. Employees have an annual option to switch to the Career Development
Program, but once the Career Development Program is selected the P -3 option will no
longer be available to the employee. The employee will revert to Step E pay rate and
be eligible for the Career Development Program pay in addition to the Step E pay rate.
d. Employees participating in the P -3 option are not eligible to participate in
the Career Development Program.
e. Once an employee is entitled to the same or more pay under the Career
Development Program than the pay he /she is receiving under the P3 option, the
employee will be switched to Career Development. The employee would revert to the
Step E pay rate and be eligible for Career Development Program pay in addition to the
Step E pay rate.
f. Individual goals will not be established and /or be required for employees
participating in the P -3 option as in the past. The Department will continue to use the
process of setting goals for the Department, but will not condition the receipt of the "P-
3" pay rate upon the meeting of such goals.
Section 4. On -Call Pay. Employees assigned as detectives, employees
assigned to the Traffic Unit/Major Accident 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 5. 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.
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C. Employees assigned to SWAT shall receive an additional three (3)
percent of the top step wage per month. SWAT pay shall not be duplicated or
pyramided with on -call pay.
d. 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 6. Corporal. The parties agree to replace the Officer in Charge (OIC)
program with corporal effective January 1, 2015. Corporals are included in the
bargaining unit. Corporals will perform the tasks previously done by the OTC's.
Corporals will receive a pay differential of five (5) percent above E step police officer.
The Guild and the City will negotiate details about the corporal program, including
selection and removal, in Labor - Management. The details will be documented in a
Memorandum of Understanding. The program will be a trial program for the duration of
this Agreement, and will be evaluated by the parties as part of the negotiations for their
next bargaining agreement.
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.
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b. (ii) The swing shift for detectives described in Appendix C 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.
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 C 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
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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 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.
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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.
i. The rotating, on -call schedule for employees assigned as
detectives 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.
ii. 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/MajorAccident 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/MajorAccident Investigation Team on
call schedule.
i. The MajorAccident 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.
ii. 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.
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ARTICLE 8: OVERTIME
Section 1. Anytime 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 2. 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 3. 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.
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
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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.
Section 4. 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 5. Non- Pyramiding. Premium or overtime pay shall not be
duplicated or pyramided.
Section 6. FLSA Provisions. The City will comply with the hours of work
provisions of the FLSA regarding the determination of compensable time.
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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) Medical Plan. Effective January 1, 2013 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 Group Health Alliant Plus or Group Health direct
insurance plans as selected by the employee. The City will reimburse actual expenses
incurred in order to cover the annual deductible payments for "out -of- network" services
under the Alliant Plus Plan ($100 individual, max $300 family).
a. (ii) The City will retain the current plans for 2013 and 2014. Effective in 2015,
there will be a Plan A and a new Plan B. An officer and spouse /partner (if covered
under the plan) both must complete the Healthcare Questionnaire and the Biometric
Screening by October 31, 2014, in order to remain on Plan A for 2015. Failure to meet
these requirements will result in coverage under Plan B for 2015.
a. (iii) In 2015, an officer and spouse /partner (if covered under the plan) both
must complete the Healthcare Questionnaire and the Biometric Screening by October
31, 2015, in order to be eligible for Plan A in 2016. In addition, the officer must
participate in the City's wellness program. The Guild will work with the City to develop
mutually agreeable challenges.
a. (iv) 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.
b. 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. C. Other. The life insurance benefit shall be one (1) time's
annual salary to a maximum of $110,000. Additionally, the Employer agrees to a
section 125 plan to allow for pretax payment of employee insurance co -pays by the
employee..
Section 2. Supplemental Disability Insurance. The City shall continue to
provide supplemental coverage. The Guild may elect to have a LEOFF II Supplemental
Disability Income Plan: In that event, the Employer shall provide for mandatory payroll
deduction for a LEOFF 11 disability plan selected and administered by the Guild.
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Participation shall be a condition of employment for all LEOFF II employees. Other than
payroll deduction, the City shall have no responsibility for administration of this benefit.
Section 3. Retiree Health And Welfare Continuation. Any employee retiring
from the service of the City, including any disability retirement, shall be permitted to
purchase AWC retirees coverage provided that: (a) the City continues to provide
coverage through AWC, (b) AWC offers coverage to retirees, (c) the employee pays the
premiums for such coverage (including any additional premium required for dependent
coverage), and, (d) there is no cost to the City.
Section 4. Retirement Health Savings Plan. The City will establish a
mutually agreed upon, qualified, retirement health savings plan that will at a minimum
provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for
the group of mandatory participation, (c) immediate vesting of all contributions, (d)
coverage for all medical expenses permitted 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. The City will not make contributions to the Retirement
Health Savings Plan.
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 established 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.
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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 three 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 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 inflammatory or otherwise detrimental to 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. Employees may
request that written reprimands be expunged from personnel files after a minimum period
of three years if there is no recurrence of similar misconduct for which the employee was
disciplined during that period. Employees may request that records of more serious
discipline be expunged from personnel files after a minimum period of five years if there is
no recurrence of similar misconduct for which the employee was disciplined during that
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period. Requests for the expunging of disciplinary references in personnel files, pursuant
to this section, shall not be unreasonably denied. Nothing in this section shall be
construed as requiring the City to destroy any employment records necessary to the City's
case if it is engaged in litigation in any way related to that employee's employment at the
time those records would otherwise be destroyed.
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) Clothing Allowance All employees shall be paid an annual allowance of
$100.00 per year for reimbursement for expenses incurred in the purchase of boots;
and, such payment may be rolled over to the next year in the event an employee does
not purchase boots during a year. Traffic officers assigned to motorcycles shall be paid
an annual allowance of $125.00 per year for reimbursement for expenses incurred in
the purchase of eye protection. Officers assigned by the City to investigations will be
paid an annual clothing allowance of $500.00 which will be available for the
reimbursement of expenses incurred in the purchase of clothing needed in the
investigations unit (sport coats, etc.). Such payment shall be made upon assignment to
investigations and each anniversary date of the assignment to investigations thereafter.
For 2007, the increased payment for officers assigned by the City to investigations will
be retroactive based upon the anniversary date.
Section 9. Jury Duty. An employee required by law to serve on jury duty shall
continue to receive salary for up to forty (40) 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.
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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 as they existed on January 1, 2014.
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.
(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
It 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.
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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
Section 1. Neither the Guild nor the City shall initiate, authorize, or participate
in any strike, work stoppage, work slow -down, lock -outs, or any other organized effort
that interferes with the efficient operation of the Department.
Section 2. 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 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
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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 can not 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. Disciplinary Standards. No employee shall be subject to
discipline except for just cause. 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 2. Disciplinary Investigations. In criminal matters, an employee
shall be afforded those constitutional rights available to any citizen. In administrative
matters relating to job performance, the following guidelines shall be as follows:
a. "Interrogation" as used herein shall mean any questioning by an agent of
the City who is conducting an investigation (as opposed to a routine inquiry) of the
employee being interrogated, when the agent knows (or reasonably should know) that
the questioning could result in employee discipline.
b. Before interrogation, the employee shall be informed of the nature of the
matter in sufficient detail to reasonably apprise him /her of the matter. Nothing herein
shall operate as a waiver of the Guild's right to request bargaining information.
C. In conjunction with a standards investigation involving a matter of
potential consequential discipline (discharge, suspension, or demotion), the Department
will advise the subject officer(s) of the right to have a Guild representative present at
the interview. Neither the investigator nor administration will say anything to discourage
the presence of a Guild representative. The Department will notify a member of the
Guild E -Board prior to serving an officer with notice of investigation, and prior to actually
interviewing the officer. When the officer states a desire to have representation
present, the Department will allow a reasonable time for the officer to summon
representation. Upon completion of the investigation, the Department will also notify a
Guild E -Board member if the investigation results in discipline for the officer.
d. Any interrogation shall take place at the City Police Department, except
when impractical. The employee shall be advised of their right to and shall be allowed
Guild representation to the extent allowed by the law.
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e. The questioning shall not be overly long and the employee shall be
entitled to such intermissions as are reasonably necessary.
f. The employee shall not be subjected to any offensive language or
abusive questioning, nor shall he /she be threatened with dismissal, transfer or other
disciplinary punishment as a guise to attempt to obtain his /her resignation.
g. The Employer shall not require any employee covered by this Agreement
to take or be subjected to a lie detector test as a condition of continued employment.
Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings,
except by stipulation of the parties to this Agreement.
h. The Department shall tape record the interrogation of the subject of an
investigation when potential discipline could result in suspension, demotion or
discharge. Upon request, a copy of the tape and the transcript will be provided. For all
Guild witnesses, in said investigation, other than the subject, the Department will either
tape the interview or obtain signed, written statements, which will become part of the
investigation and will be provided upon request.
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.
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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.
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 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, 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
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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. The City and the Guild shall try to agree upon a
mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven
(7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being
members of the National Academy of Arbitrators. The parties shall alternatively strike
from the list until only one name remains. The decision of the Arbitrator shall be final
and binding on the parties.
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
Arbiter 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.
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Section 5. Step 3 Submission. In those instances where disciplinary action
is based on reasonable evidence of the commission of a crime, or the proposed
discipline involves suspension or termination of the employee, Step 3 of the Grievance
Procedure will be initiated immediately.
Section 6. Just Cause Standard. No employee may be discharged,
suspended without pay, demoted (except as provided below) or disciplined in any way
except for just cause. The City may withhold a step increase, for a specified period of
time, 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.
ARTICLE 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
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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. Under
appropriate circumstances the Employer may request the employee to provide written
medical authorization from a physician to perform various essential job functions while
using such drugs.
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
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;
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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)
(ng/ml) Test Level
Amphetamines..................... ............................... ...........................1000
Barbiturates.................................................. ...............................
300
Benzod iazepines ........................................... ...............................
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
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.
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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
must show positive results at/within the following limits on the GC /MS (gas
chromatography /mass spectrometry) confirmatory test to be considered positive:
h. If immunoassay is specific for free morphine, the initial test level is 25
ng /ml.
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.
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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.
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 three years or more of separation from the Department.
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: WAIVER CLAUSE
The parties acknowledge that each has had the unlimited right within the law and
the opportunity to make demands and proposals with respect to any matter deemed a
proper subject for collective bargaining. The results of the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the Guild, for the
duration of this Agreement, each agree to waive the right to oblige the other party to
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
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bargain with respect to any subject or matter not specifically referred to or covered in
this Agreement if known to that party at the time of execution.
ARTICLE 20: DURATION
This agreement shall be effective until December 31, 2015. 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 _1 day of , 2014.
rrell, Mayor
A=T:
Interim i Attorney, Amy Jo Pearsall
FEDERAL WAY POLICE GUILD:
R' and ,Guild President
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2013 -2015
July 2014
Wil
APPENDIX A
WAGES
Police Officer:
Effective January 1, 2013 a1.0% increase
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo.
(13 -24 mo.)
(25 -36 mo.)
37-48 mo.
48+
$4658
$ 4892
$ 5313
$ 5759
$ 6250
$ 6644
Effective July 1, 2013 a 1.0% increase
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo. )
(13 -24 mo.)
(25 -36 mo.)
(37-48 mo.)
48+
$4705
$4941
$5366
$5817
$6313
$6710
Effective January 1, 2014 a 1.5% increase
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo.
(13 -24 mo.)
(25 -36 mo.)
(37-48 mo.)
4( 8 +)
$4776
$5015
$5446
$5904
$6408
$6811
Effective July 1, 2014 a 2.0% increase.
Step A
Step B
Step C
Step D
Step E
P -3 Step
(0 -12 mo.
(13 -24 mo.)
(25 -36 mo.)
(37-48 rn
48+
$4872
$5115
$5555
$6022
$6536
$6947
Effective January 1, 2015 a 1.5% increase.
Effective July 1, 2015 a 2.0% increase.
The Guild understands that former employees will not receive retroactive pay pursuant
to this Agreement. The City will make retroactive pay for the officer that recently died,
on a non - precedent setting basis.
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COLLECTIVE BARGAINING AGREEMENT 2013 -2015
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DEFERRED COMPENSATION
Effective 11:57 pm on December 31, 2010, there shall be established a qualified
deferred compensation program, requiring the City to match monthly contributions
made by bargaining unit employees up to a maximum City contribution of one (1)
percent of the employee's base rate of pay. Employees shall be eligible to begin
receiving the matching contributions on January 1, 2011.
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COLLECTIVE BARGAINING AGREEMENT 2013 -2015
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APPENDIX B
OVERVIEW FOR CAREER DEVELOPMENT PROGRAM
Item
0 -5 years
6th -10th years
11th -15th years
16 year +
Career
Development
Program
0 %*
2.25%
4.25%
6.25%
City Residency
1%
1%
1%
1%
A. A. Degree
2%
2%
2%
2%
Bachelor's
Degree
4%
4%
4%
4%
* Current Employees with less than 5 years or less experience as a commissioned
police officer who are receiving Career Development Pay will be grandfathered and will
continue to receive such pay.
Employees who have a Masters Degree shall receive pay for a Bachelor's
Degree provided however that employees who have a Masters Degree as of January
1, 2005 and have five total years or less of experience as a commissioned police officer
will be grandfathered and will continue to receive 5% education pay. Upon the
beginning of their 6th year, and thereafter, such employees shall receive pay for a
Bachelor's 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, 6th -10th years, 11th -15th years,
16th year +) he /she is currently at.
Officers must be off probation to receive Career Development Pay.
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COLLECTIVE BARGAINING AGREEMENT 2013 -2015
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The maximum percentage that an employee may receive through the Career
Development Program is 10.25% including residency.
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.
or
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,
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: SRT, SROs, Commons, Resource
Centers, FTO, CIS, 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,
MATT Team, Drug Recognition Expert ( "DRE "), DRE Instructor, and Civil
Disturbance Unit ( "CDU ") 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.
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COLLECTIVE BARGAINING AGREEMENT 2013 -2015
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APPENDIX C
DETECTIVES
Proposition Modell: 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.
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