AG 16-0481
1 RETURN TO: 3 c1 S� Ah(4,1 EXT: 3
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: (,C mar! &s e. I., rt./. S
ORIGINATING STAFF PERSON: �JLL/t J�—
EXT: c25 32 3. DATE REQ. BY: 63/ 2 ZO g
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
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
O MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE// �,J ❑ RESOLUTION
CONTRACT AMENDMENT (AG#): / tD�O / ❑ INTERLOCAL
OTHER f lZ 1.444L.c tyY)S
PROJECT NAME: HQ j,( - ((4 f'& / c L T441-7-J
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NAME OF CONTRACTOR: Z./ l k t /7 OLtiT ,5 /H' s 0 C,/ /�4. 4 i J
ADDRESS:
E-MAIL:
SIGNATURE NAME: k1j gym GCMG
TELEPHONE
FAX:
TITLE_ /4 c
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: �24t 1) evil°/ S COMPLETION DATE: ad. 3/ 2..e, 5
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT:
0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
O PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
O PROJECT MANAGER
O DIRECTOR
O RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APP ROVAL(IFAPPLICABLE)
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
O SENT TO VENDOR/CONTRACTOR DATE SENT: 0 3// 2 d 7 1 DATE REC'D: 31D 8l% g
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
❑
DEPARTMENT
SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
O ASSIGNED AG#
❑ SIGNED COPY RETURNED
:OMMENTS:
3/ 3 lY
AG#`— , $g'AN°�;�
DATE SENT: 03//57/6 -'fr
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MEMORANDUM OF UNDERSTANDING
WHEREAS, the Federal Way Police Lieutenant Association (hereinafter referred to as
the "Association") and the City of Federal Way (hereinafter referred to as the "City") have been
and are signatory to a January 1, 2015 through December 31, 2018 collective bargaining
agreement, setting forth the wages, hours, and other terms and conditions of employment for
members of the bargaining unit represent by the Association; and
WHEREAS, effective January 1, 2018, Chapter 49.46 RCW — Minimum Wage Act
implements new minimum standards for providing paid sick leave at a rate of one hour of paid
sick leave for every 40 hours worked; and
WHEREAS, Chapter 49.46 RCW prohibits discrimination of any kind against employees
using sick leave authorized under the chapter; and
WHEREAS, currently all employees represented by the Association accrue sick leave at
rates that greatly exceed those required by Chapter 49.46 RCW; and
WHEREAS, the City has established a policy to track those paid sick leave hours
required by Chapter 49.46 RCW separately from sick leave hours historically provided by the
City; and
NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO,
in consideration of the mutual promises contained herein and other good and valuable
consideration, that:
Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington
Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington
Paid Sick Leave is available to Association members to care for their health and the
health of their family members.
Washington Paid Sick Leave may be used for: an employee's mental or physical illness,
injury or health condition; preventive care such as a medical, dental or optical
appointments and/or treatment; care of a family member with an illness, injury health
condition and/or preventive care such as a medical, dental, optical appointment; closure
of the employee's place of business or child's school/place of care by order of a public
official for any health-related reasons; and when the employee or the employee's family
member is a victim of domestic violence, sexual assault, or stalking.
Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or
stalking includes: seeking legal or law enforcement assistance or remedies to ensure the
health and safety of employee's and their family members including, but not limited to,
preparing for, or participating in, any civil or criminal legal proceeding related to or
derived from domestic violence, sexual assault or stalking; seeking treatment by a health
care provider for physical or mental injuries caused by domestic violence, sexual assault,
or stalking; attending health care treatment for a victim who is the employee's family
member; obtaining, or assisting the employee's family member(s) in obtaining, services
from a domestic violence shelter, a rape crisis center, or a social services program for
relief from domestic violence, sexual assault or stalking; obtaining, or assisting a family
member in obtaining, mental health counseling related to an incident of domestic
violence, sexual assault or stalking in which the employee or the employee's family
member was a victim of domestic violence, sexual assault or stalking; and, participating,
for the employee or for the employee's family member(s), in safety planning, or
temporary or permanent relocation, or other actions to increase the safety from future
incidents of domestic violence, sexual assault, or stalking.
For purposes of Washington Paid Sick Leave, "family member" is defined as: a
biological, adopted, or foster child, stepchild, or a child to whom the employee stands in
loco parentis or legal guardian, or is a de facto parent, regardless of age or dependency
status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an
employee or the employee's spouse or domestic partner, or a person who stood in loco
parentis when the employee was a minor child; a spouse, domestic partner, grandparent,
grandchild or sibling.
Accrual
As established by law, an employee shall accrue one (1) hour of Washington Paid Sick
Leave for every forty (40) hours worked. Washington Paid Sick Leave will accrue in
conjunction with regular sick leave according to the collective bargaining agreement.
Carry Forward
The total sick leave hours that will be carried forward at year-end, for both standard sick
leave and Washington Paid Sick leave, will be one thousand eighty (1,080) hours. This
will include a maximum of forty (40) hours of Washington Paid Sick Leave as provided
by law. If an employee is not at the maximum carry forward of one thousand eighty
(1,080) hours, any hours of Washington Paid Sick Leave in excess of the forty (40) hour
carry forward amount will be transferred to the City sick leave bank, so that employee
does not lose hours that they previously would have banked prior to the establishment of
Washington Paid Sick Leave. In no case will more than a combined total of one
thousand eighty (1,080) hours be carried forward.
Verification for Absences Exceeding Three Days
If an employee is seeking to use or has used Washington Paid Sick Leave for authorized
purposes for more than three (3) consecutive days during which the employee is/was
required to work, the employee may be required to provide documentation that
establishes or confirms that the use of paid sick leave is for an authorized purpose.
Reinstatement of Employment
Employees separating or retiring from employment will not be provided with financial or
other reimbursement for unused, accrued Washington State Paid Sick Leave. If an
employee leaves employment and is rehired within twelve (12) months of separation, any
accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank.
Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty
(40) hours carry over provided that the employee had forty (40) or more hours banked
upon separation.
Retaliation Prohibited
Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against
an employee for lawful exercise of paid sick leave rights is prohibited. Employees will
not be disciplined for the lawful use of Washington Paid Sick Leave.
Sick Leave Payment at Time of Retirement
Upon retirement into LEOFF II, the City agrees to pay twenty-five percent (25%) of an
employee's unused accrued sick leave hours and unused accrued Washington Paid Sick
Leave hours at the employee's current hourly rate with a cap of two hundred seventy
(270) hours.
The City agrees to pay one hundred percent (100%) of an employee's unused accrued
sick leave hours and unused accrued Washington Paid Sick Leave hours at the
employee's current hourly rate when death occurs in the line of duty.
Article 5, Section 9 — Sick Leave Incentive.
Because RCW 49.46.210(4) prohibits discrimination or retaliation against an employee
for his or her use of Washington State Paid Sick Leave, the City is discontinuing its sick
leave incentive program for all employees. Article 5, Section 9 of the collective
bargaining agreement is stricken.
N
IN WITNESS WHEREOF, we have set our hands this 8'day of ��� 2018.
FEDERAL WAY POLICE
LIEUTENANTS ASSOCIATION:
and Bunk, Association President
CITY OF FEDERALWAY:
Fe ell, Mayor
II RETURN TO: EXT:
CITY OF FEDER* WAY LAW DEPARTMEN.OUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON: alrYVA 1.0 ?RAY Scat EXT: 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
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
OTHER ``
5. PROJECT NAME: �RAAR ilit S CC 4\9c*\\/ . ?)curs:3 Q 1 Yll GrttcnuL
g
6. NAME OF CONTRACTOR: L ,t,vAtIna. s
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: gcs.fl i I got COMPLETION DATE: -adz. 3► , 001$
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 AL DATE: COUNCIL APPROVAL DATE: a MMITTEE APPROV 1610
11. COUNCIL APPROVAL(IF APPLICABLE) Co
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INIT L/DATE SIGNED
VLAW DEPARTMENT `-1 15I L L0
❑ CHIEF OF STAFF
SG 'I NATORY OR DIRECTOR 15 '
❑ CITY CLERK /a 0 . . ,..Z,[IP
-x ASSIGNED AG# • - • '/ -O.
le SIGNED COPY RETURNED . DATE SENT: 0'/H&`yep
COMMENTS:
°WN ki\\ Qd -• 1116
11/9
• •
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE LIEUTENANT ASSOCIATION
Collective Bargaining Agreement
PREAMBLE: The Federal Way Police Lieutenant Association ("Association") 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: ASSOCIATION RECOGNITION AND MEMBERSHIP
Section 1. Recognition. The City recognizes the Association as the exclusive
bargaining representative for all employees in the bargaining unit as certified by the
Public Employment Relations Commission.
Section 2. Association Membership. It shall be a condition of promotion that
all bargaining unit employees shall become members of the Association and remain
members in good standing or pay an agency fee to the Association for their
representation to the extent permitted by law. It shall also be a condition of employment
that employees covered by this Agreement and promoted on or after its effective date
shall, by the thirtieth day following such promotion, become and remain members in
good standing in the Association or pay an agency fee to the Association 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 Association membership
and/or association shall not be required to tender those dues or initiation fees to the
Association as a condition of employment. Such employee shall pay an amount of
money equivalent to regular Association dues and initiation fees to a non-religious
charity mutually agreed upon between the public employee and the Association. The
employee shall furnish written proof that payment to the agreed upon non-religious
charity has been made. If the employee and the Association cannot agree on the non-
religious charity, the Public Employment Relations Commission shall approve the
charitable organization. It shall be the obligation of the employee requesting or claiming
the religious exemption to show proof to the Association that he/she is eligible for such
exemption. All initiation fees and dues paid to the charity shall be for non-political
purposes.
• •
Section 3. 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 Association and shall
transmit the same to the Association within five business days of the issuance of pay
checks.
Section 4. List of Employees. The City will transmit to the Association 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 5. Hold Harmless. The Association 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 Association recognizes the right of the City to operate and
manage its affairs in all respects in accordance with its lawful authority. The City retains
the authority that the City has not expressly delegated or modified by this Agreement.
Section 2. Management rights and responsibilities shall include, but are not
limited to, the following examples:
1. The City and the Department shall retain all rights and authority to which by law
they are entitled.
2. The City shall have the authority to organize and reorganize the operations within
the Department.
3. The Association recognizes the right of the Department to enforce the
Department Rules and Regulations, and operational procedures and guidelines.
4. The City has the exclusive right to schedule work and overtime work as required
in the manner most advantageous to the City, consistent with the applicable provisions
of this Agreement.
5. The City has the right to assess an employee's performance of their job.
6. The City has the right to:
a. discipline, suspend, and discharge non-probationary employees for
just cause. Scheduling of disciplinary days off will be at the convenience of Department
operations.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 2
• •
b. to demote probationary employees for any reason. Employees who
are demoted before completing their probationary period shall not have access to the
grievance procedures of this Agreement to protest or challenge the demotion, 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.
11.The City has the right to make work assignments, including moving work from the
Guild unit into this unit, and work from this unit into the Guild unit.
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 Association at least ten (10) days notice of
the desired change. The Association may request bargaining of the issue, and the City
thereafter will meet with the Association in an effort to resolve the issue. Should
resolution not be achieved, either party may request the assistance of a PERC
mediator. If mediation is unsuccessful within thirty (30) after a mediator is assigned, the
issue will expeditiously be taken to interest arbitration pursuant to the standards
contained in RCW 41.56.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 3
• •
ARTICLE 3: HOLIDAYS
Section 1. Observed Holidays. Beginning January 1, 2014 and each year
thereafter, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay
for each bargaining unit employee for the following observed holidays:
I Commonly Called
First day of January New Year's Day
Third Monday of January Martin Luther King Day
Third Monday of February President's Day
Last Monday of May Memorial Day
Fourth day of July Independence Day
First Monday of September Labor Day
11th Day of November Veteran's Day
4th Thursday of November Thanksgiving Day
Friday following the fourth Day after Thanksgiving
Thursday in November
25th day of December Christmas Day
2 Floating Holiday
The Association will work with the City to minimize any overtime impact of the additional
holiday time being used before year end.
For employees hired after January 1st in a given year, the City may prorate the hours to
be banked and shall bank (provide) the number of hours of holiday pay calculated by
multiplying the number of holidays remaining to be celebrated in that year by eight (8)
hours (e.g., for an employee hired on March 1st, sixty four (64) hours calculated by
multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by
eight (8) hours); provided that the City shall not be required to bank hours for a Floating
Holiday for any employee hired after July 1st during the employee's year of hire. If an
employee permanently leaves the service of the employer before December 31st of any
given year, the City may deduct banked hours credited to the employee's holiday pay
bank equal to the number of holidays remaining to be celebrated in that year multiplied
by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs
prior to July 1st of that year. 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 use or lose,
will not be carried forward or cashed out if an employee permanently leaves the service
of the employer.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 4
• •
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 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 31). Employees may use their banked holiday hours in increments no
smaller than two hours, and shall use all banked holiday hours prior to using any
vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO)
basis.
In the event an employee does not use all of his/her banked holiday hours prior
to December 31, the employee will forfeit the remaining banked holiday hours, except
that an employee may carryover unused banked holiday hours until June 30 of the
following year, if:
a. the employee makes a reasonable effort to use his/her banked holiday
hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by
his/her supervisor, and the employee has written documentation of said effort in the
form of completed Department leave request forms reflecting that the use of banked
holiday hours/pay had been denied by the employee's supervisor, and/or
b. the employee was prevented from using banked holiday hours/pay because
of approved leave resulting from military service, long term disability, work related injury,
or a similar reason.
The City shall track employee use of banked holiday hours and, upon request,
the City shall provide employees and the Association with annual reports in October of
each year reflecting the amount of banked holiday hours/pay for each bargaining unit
employee.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 5
• .
ARTICLE 4: VACATIONS
Section 1. Vacation Accrual. Association members shall accrue vacation
benefits while in pay status, based upon their years with the city, as indicated in the
following table:
Full Years of Service Annual
Leave
in Hours
Through end of Year 5 96
Upon beginning of Year 6 132
Upon beginning of Year 11 150
Upon beginning of Year 16 180
Upon beginning of Year 21 204
Upon beginning of Year 26 220
In the event the city agrees to a more favorable schedule with the Police Guild the
Association may, upon notice to the City, have such schedule made applicable to
lieutenants as well.
Section 2. Accrual. Employees 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 3. Vacation Increments. Vacation may be used in two-hour
increments at the discretion of the Chief or his/her appointed designee.
Section 4. 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 5. 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
31st, 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.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 6
• .
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 6. Vacation Scheduling. 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 7. Vacation Cash Out. Annually, each employee may elect to cash
out forty (40) hours of accrued vacation. An employee electing to cash out forty (40)
hours of accrued vacation must provide notice to HR no later than November 1.
Payment for those employees electing to cash out forty (40) hours of accrued vacation
shall be made on the first pay check in December.
ARTICLE 5: SICK LEAVE
Section 1. LEOFF. Sick leave benefits are accrued by employees based on
their eligibility to participate in either the LEOFF I or LEOFF II systems.
a. LEOFF I employees shall receive temporary disability payments in accordance
with state law.
b. LEOFF II employees shall earn 8 hours paid sick leave per month of
employment, up to a maximum of 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 an child of the employee with a health condition that
requires treatment or supervision, or for a spouse, domestic partner, parent, parent-in-
law, or grandparent of the employee who has a serious health condition or an
emergency condition as more particularly established in Chapter 296-130 of the
Washington Administrative Code (WAC). Sick leave benefits may be used in one half-
hour increments.
Section 3. Industrial Insurance Leave. If the state grants industrial
insurance benefits, the Lieutenant 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 Lieutenant cannot return to
work on the thirty-first (31st) day, the Lieutenant would become eligible for time loss.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 7
• •
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. Lieutenants cannot use sick leave
and receive worker's compensation at the same time, because this results in "double
payment". Lieutenants 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, a Lieutenant can only "buy back" a percentage of the leave used with that
money, however, the Lieutenant 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
Y
upon the Lieutenant'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 Lieutenant 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 a Lieutenant is on "kept on
salary" and subsequently receiving workers' compensation time loss payment.
A Lieutenant 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
Lieutenant is able to resume his/her job duties, or specifying limits on duties which can
be performed.
Section 4. Family Care and Death.
a. Bereavement Leave. Regular, full time employees shall be entitled to three (3)
days (30hours) of bereavement leave due to death of a member of the employee's
immediate family or domestic partner. 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 or domestic partner.
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 child, brother,
sister, and grandchildren.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 8
•
Section 5. 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 a lieutenant has been released to
return to duty, and for FMLA related compliance.
Section 6. 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 7. Federal Way Community Center Membership. Union members
will be eligible to participate in the Federal Way Community Center's employee discount
program as outlined in the Employee Guidelines.
Section 8. 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
upon a rolling twelve (12) month period.
Section 9. 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 10. Domestic Partner Requirements. In order to constitute a
domestic partner under this agreement an employee must sign an affidavit stating that
both parties are:
a. Not related by blood closer than would bar marriage in Washington State.
b. Not married to another or in any other domestic/civil partnership.
c. 18 years of age.
d. Competent to contract when the domestic partnership began.
e. Declare each other's sole domestic partner.
f. Currently share primary residence/mutual support/intend indefinitely.
g. Have an intimate, committed, and exclusive relationship.
h. Of the same sex and/or opposite sex and responsible for each other's common
welfare.
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Section 11. Domestic Partner Benefits. A person whom a Lieutenant identifies
as his or her domestic partner by completing an Affidavit of Domestic Partner will be
provided the same consideration as an employee's "spouse" for purposes of this
agreement.
Section 12. Alternate Duty/Early Return to Work. The City recognizes the
value of trained lieutenants and, therefore, offers the Alternate Duty/Early Return to
Work Program in accordance with the Employee Guidelines to all injured employees,
whether injured on-duty or off. The City will work in good faith with the attending
physician to return the employee to work as soon as possible or to provide alternative
work for a maximum of six months. If, at the expiration of the six months,the attending
physician determines that the employee will be able to perform the essential functions
or duties of the job within a reasonable time period, the City will continue to work with
the lieutenant to provide reasonable accommodation.
Section 13. Sick Leave Payment at Time of 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 with a cap of 260 hours.
ARTICLE 6: WAGE RATES
Section 1. Wages. The linkage of twenty-two percent (22%) between the top
step of base pay (excluding P-3 and Career Development) ("Top Step") of the police
officer in the Guild contract and the first step of pay for Lieutenants (the "Differential
Formula") is intended to provide stability and avoid potential compression. Throughout
the term of this Agreement, the Lieutenants will receive a pay adjustment whenever
there is a change in the Top Step in the Guild bargaining agreement. The pay
adjustment shall occur at the same time that the Guild adjustment to the Top Step is
effective. While each party reserves the right to seek a change in the Differential
Formula in future negotiations, any such change will require the party proposing it to
have a compelling basis for making the change. In the event negotiations between the
parties to this Agreement extend into the year following the contract expiration date of
this Agreement, the Lieutenants will not receive any change required by the Differential
Formula until a new Agreement is in place. For example, this Agreement expires on
December 31, 2014. In the event the Guild receives an increase of X percent on
January 1, 2015, and the parties are still negotiating their new agreement, no additional
pay will be received by the Lieutenants until the contract negotiations are complete. At
that time, assuming no change is agreed to in wages by the City and the Lieutenants
Association, the Lieutenants shall receive an increase of X percent (as provided in the
Differential Formula) retroactive to January 1.
The wage adjustments for 2015 are retroactive to January 1, 2015, and apply to
currently employed Lieutenants as of ratification. Wage rate shall be as specified in
Appendix A.
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Section 2. Supervisory Training Incentive. A lieutenant will receive a one-
time payment of $250 upon completion of the first level supervisory certificate. A
lieutenant will be eligible to receive an additional one-time payment of $250 upon
completion of 72 hours of approved elective supervisory and management classes
taken within a three year period. If a lieutenant makes a good faith effort to meet the
goal during the three year period, but is unable to do so as a result of reasonable
training requests being denied (funding, for operational reasons, etc.) the time period for
obtaining the additional hours will be extended one year.
Section 3. On-Call Pay. Effective the first pay period following ratification of
the Agreement, lieutenants assigned to the Criminal Investigations Section, the Traffic
Unit, SWAT and the Bomb Unit shall receive an additional five (5) percent of the top
step wage rate per month as on call pay. The higher percentage rate is due to the more
frequent rotation.
Section 4. Extra-Duty Pay.
Field Training Officer Program (FTO) Lieutenant shall receive five (5) percent pay
as the program administrator. When assigned by the department, an additional FTO
Lieutenant will be added and shall receive an additional three (3) percent while fulfilling
that role. The lieutenant assigned as the program administrator for the Force Training
Unit shall receive an additional five (5) percent of the top step wage rate per month.
Section 5. Non-Pyramiding. On -call pay and/or extra duty pay shall not be
duplicated or pyramided.
ARTICLE 7: HOURS OF WORK
Section 1. Work Shifts.
a. (i) The Patrol Division Lieutenants will continue to work a 4/10 schedule.
Shift starting hours will be determined from time to time by the City. There will be one
Lieutenant assigned to each patrol squad.
a. (ii) Detective Lieutenants 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 Detective Lieutenants to
minimize overtime expenses to the City. Normal work hours will be from 0700-1700.
Detective Lieutenants 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. Lieutenants will continue to flex their time when reasonably
possible so as to minimize overtime.
a. (iii) The Traffic, Contract Services, and Administrative Lieutenants will work a
4/10 schedule. In the event of court appearances or operational needs of the Police
2015-2018 COLLECTIVE BARGAINING AGREEMENT 11
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Department, the City may adjust the shifts and work days of these Lieutenants to
minimize overtime expenses to the City. These Lieutenants will be authorized to work a
traditional 5/8 schedule upon request.
b. Reopener. The parties recognize that Federal Way is a relatively new City and
that the police department has only been engaged in patrol operations since October of
1996. Accordingly, the parties agree that the City may reopen the issue of shift
scheduling with the Association. Any such bargaining will be handled on an expedited
basis. After 45 days, either party may request a mediator from the PERC. If no
agreement is reached within 30 days of the first mediation meeting, either party may
request the Executive Director to submit the matter to interest arbitration. In such event,
the other party will join in the request. The parties agree to waive the arbitration panel
and agree to select a single arbitrator in accordance with the parties' grievance
procedure, and to cooperate in expediting the arbitration procedure.
c. The normal workday shall be inclusive of the thirty minute lunch period for all
members of the bargaining unit. Lieutenants in investigations will flex their schedules
so as to minimize the impact on the City.
Section 2. Shift Bidding. Lieutenants assigned to the patrol function will bid
annually for their work shift and days off based upon their seniority. The bid will be
conducted electronically through Department email. It will be open for seven days.
After all bids are submitted the Association may waive the 7-day requirement.
The City may move a lieutenant during the year, or after reviewing the bid
results, based upon reasonable necessity. A reasonable necessity would involve a
change made by the City due to legal concerns. In the event the change will be for
more than four (4) months, the Association may request a rebid of positions.
Section 3. Specialty Assignments. The assignment of employees to
specialty units shall be made by the City.
Section 4. Shift Trades. With management approval, shift trades may be
made, upon request of the employee. Under no circumstances will a shift trade result in
the payment of contractual overtime, or have any other additional cost to the City.
Section 5. Out of Class. A lieutenant assigned by the City to perform work
out of class (i.e.- as a commander) will receive a seven percent (7%) increase for those
hours spend as performing those duties.
Section 6. On-Call. 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. Employees who are on-call
shall also be provided a City vehicle for commute purposes during all periods that the
employee is subject to call-back.
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Section 7. Rotating Schedule. Lieutenants assigned to the Criminal
Investigations Sections may be placed on a rotating, on-call schedule. The schedule
and procedures for assigning lieutenants to on-call duties will be consistent with current
practice.
ARTICLE 8: OVERTIME
Section 1. Any time worked in excess of the assigned shift shall be paid at the
overtime pay rate. Except in emergency situations, Department approval is required
before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the
9 p
employee's regular hourly rate of pay. Overtime shall be accrued in increments of one-
quarter h ur, with the major portion of one-q uarter hour to be paid as one-q uarter 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. Supervision.
a. In the absence of a patrol lieutenant for a shift, the supervision of that patrol
squad will be assigned in this priority, based on the conditions described:
1. When a field operations specialty lieutenant is on duty, that lieutenant will
be assigned to supervise the patrol squad, if available.
2. When there is no field operations lieutenant available, supervision may
be
conducted by another lieutenant on overtime. When there is sufficient advance
notice that an absence under these conditions will occur, an announcement will be
sent to all lieutenants via department email seeking a lieutenant to volunteer for the
overtime.
(a) Generally the supervision will be granted first come, first served.
3. If no lieutenant volunteers to fill an overtime vacancy, a corporal may be
used to supervise the squad.
b. Time off requests will not be denied solely due to a commander not being on
duty.
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 lieutenant's employment as a police
lieutenant), 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.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 13
a. When a lieutenant 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 a lieutenant 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. In the event an lieutenant is given less than twelve (12) hours notice of
cancellation of a scheduled off-duty court appearance, he/she shall be entitled to two (2)
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. FLSA Provisions. The City will comply with the hours of work
provisions of the FLSA regarding the determination of compensable time.
ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS
Section 1. Health Plan. The Employer shall provide LEOFF I employees such
coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and
Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the
coverage shall be as follows:
a. (i) Medical Plan. Effective January 1, 2015 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) Effective January 1, 2017 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
2015-2018 COLLECTIVE BARGAINING AGREEMENT 14
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(excluding spouses who are eligible for other coverage through their place of
employment) under Group Health PPO 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 PPO Plan
($100 individual, max $300 family). Effective in 2017 there will be a Plan A and a new
Plan B for both the PPO and direct plan..
a. (iii) In the event the City agrees in bargaining to increase the deductible
reimbursement for the Guild, the change shall be applicable to the Lieutenants (instead
of the $100/$300).
a. (iv) The City may add an option for a High Deductible plan.
a. (v) Effective 2016 a Lieutenant and spouse/partner (if covered under the plan)
must complete the Health Screening Questionnaire and the Biometric Screening by
October 31, 2016 in order to remain on Plan A for 2017. Failure to meet these
requirements will result in coverage under Plan B for 2017.
a. (vi) Effective 2017 and every year thereafter, a Lieutenant and spouse/partner
(if covered under the plan) must complete the Health Screening Questionnaire, the
Biometric Screening, and participate in the City's wellness program meeting the
established criteria by October 31 of each year in order to be eligible for Plan A in the
succeeding year.
a. (vii) Refusal to participate in the wellness program or failure to meet the
wellness requirement by a Lieutenant and/or covered spouse/partner will result in
coverage under Plan B, but shall not otherwise impact the status of the Lieutenant at
the City.
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 Association may elect to have a LEOFF II
Su pp lemental Disability Income Plan: In that event the Employer shall provide for
mandatory payroll deduction for a LEOFF II disability plan selected and administered by
the Association. 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.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 15
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 or elective 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. Take Home Cars. A take home care pilot program will be
established for the Lieutenants. Unless earlier terminated pursuant to the terms of this
Agreement, the Pilot Program will continue for the duration of this Agreement.
a. The cost of this program in the initial year (2016) is not to exceed $25,000 and
the ongoing costs of this program will not exceed $15,000 per year.
monitor the actual impacts to the budget et to determine if the take
home
b. Staff will mo p g
car program is sustainable. The determination of whether the program is sustainable
will be based upon program costs remaining under the financial limits, or a
determination that the program has an adverse impact on the operations of the
department and/or City. If the City determines that it is not sustainable, the first step will
be to address the issues through labor management meetings. If it can't be resolved
there, it will be addressed through bargaining via a re-opener on take home cars.
c. Secondary vehicles will be used to increase the number of vehicles available to
Lieutenants who would not normally be assigned a vehicle based on assignment. No
new vehicles will be purchased for the startup of this program. The number of primary
vehicles assigned to Lieutenants will be made by the City.
d. If a secondary vehicle is lost due to damage or because it is too costly to
maintain (as determined by the City), that vehicle will not be replaced early. Rather, the
car will be unavailable until a new secondary vehicle becomes available in the regular
course of the fleet maintenance/rotation. Regular maintenance will be continued on
secondary vehicles.
e. All relevant MOS sections apply including 40.1.3.
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f. Mileage limit of a 25 mile radius from City Hall. All 13 current Lieutenants are
eligible for a take home car regardless of assignment. If a current Lieutenant moves
outside of this mileage restriction and they are not in an on-call assignment, they will be
assigned a vehicle to be parked at an agreed upon secure location within the
established boundary, i.e. another police/fire station. Any Lieutenants promoted after
the effective date of this contract (01/01/2015) are not grandfathered in and subject to
the mileage restriction The mileage radius applies only to cars authorized under this
program, not to cars assigned for other reasons by the department (e.g. on call
assignment).
g. The department retains the right to assign particular vehicles to particular
Lieutenants based on the department's operational needs.
h. The parties will work together in Labor Management to resolve issues or
concerns with the program.
Section 2. Auto Reimbursement. All employees who have been authorized
to use their own transportation on City business shall be reimbursed for actual mileage
at the then current reimbursement recognized by the Internal Revenue Service.
Section 3. 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 4. Association Negotiating Committee. Up to three employees who
serve on the Association Negotiating Committee shall be allowed time off from duty to
attend negotiating meetings with the City.
Section 5. Association Business. The Department shall afford Association
representatives a reasonable amount of time while on-duty to consult with appropriate
management officials, and/or aggrieved employees, provided that the Association
representatives and/or aggrieved employees contact their immediate supervisors,
indicate the general nature of the business to be conducted, and request the necessary
time off. Such time off will not be allowed whenever the City reasonably determines it
will interfere with Department operations and Association representatives shall not use
excessive time in handling such responsibilities. The Association shall give the City as
much advance notice as reasonably possible of such time off requests.
Section 6. Bulletin Boards. The City shall permit the use of a bulletin board
by the Association for the posting of notices relating to official Association business, so
long as the matters posted are not inflammatory or otherwise detrimental to the
operations of the Department.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 17
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Section 7. 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 8. 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
period. Requests for the expunging of disciplinary references in personnel files, pursuant
to this section, shall not be unreasonably denied. In making this determination a factor the
Chief may consider is that the Lieutenant is in a supervisory position. 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 9. Uniforms and Equipment. All commissioned lieutenants shall be
furnished all required uniforms and equipment. Uniforms shall be dry-cleaned at the
City's expense as necessary. Lieutenants assigned by the City to non-uniform positions
(detectives and administrative) 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.
Section10. Jury Duty. An employee required by law to serve on jury duty shall
continue to receive salary for up to eighty (80) hours for each separate occasion the
employee is required to serve, shall be relieved of regular duties, and assigned to day
shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid
by the Court for jury duty shall be forwarded to the City. The City shall have the right to
request the court to excuse the employee from any or all jury duty if there are
circumstances that would make the absence of the employee an undue hardship on the
City or other personnel.
When an employee is notified to serve on jury duty, he/she will inform his/her
immediate supervisor as soon as possible, but not later than two weeks in advance,
regarding the dates of absence from regular duties.
Lieutenants who have time remaining on their shift at the time of release or
2015-2018 COLLECTIVE BARGAINING AGREEMENT 18
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dismissal from jury duty shall immediately contact their supervisor to determine whether
they should report for duty.
Section 11. Defense and Indemnification. The City shall provide legal
defense and indemnification pursuant to the City Code.
Section 12. Service Leave. Members will be provided a one-time accrual of 40
hours (pro-rated for regular part-time employees) of vacation leave after each
consecutive 10 year period of continuous employment at the City (i.e. after 10 years, 20
years, 30 years, etc.).
ARTICLE 11: PROHIBITED PRACTICES
Section 1. Neither the Association 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
Association agrees that the level of any such disciplinary action issued by the City shall
be final and binding, and in no case be construed as a violation by the City of any
provision of this Agreement.
ARTICLE 12: REDUCTION-IN-FORCE
Section 1. Layoff. Employee layoffs shall be made on the basis of job
performance and seniority. Absent significant and material distinctions in job
performance, the employee with the least amount of seniority shall be laid off first.
Relative job performance shall be determined on the basis of qualifications and job
performance evaluations.
Section 2. Recall. Employees laid off in accordance with the provisions of this
Article will be offered reinstatement into future vacancies of the same classification in
the inverse order of layoff, for a period of one year from the date of layoff. An employee
that has been laid off must keep the City informed of their current address and phone
number. An employee who fails to report for duty within three days of being recalled (or
commits to return within three days, even though he/she cannot actually return for up to
two calendar weeks due to the requirement to give notice to an interim employer), or
who rejects an opportunity for reinstatement, shall be removed from the recall list.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 19
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 lieutenant 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 follows:
a. "Interrogation" as used herein shall mean any questioning by an agent of
the City who is conducting an investigation (as opposed to a routine inquiry) of the
employee being interrogated, when the agent knows (or reasonably should know) that
the questioning could result in employee discipline.
b. Before interrogation, the employee shall be informed of the nature of the
matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein
shall operate as a waiver of the Association's right to request bargaining information.
c. Any interrogation of an employee shall be at a reasonable hour, preferably
when the employee is on duty, unless the exigencies of the investigation dictate
otherwise.
d. Any interrogation shall take place at the City Police Department, except
when impractical. The employee shall be advised of their right to and shall be allowed
that Association representation to the extent allowed by the law.
e. The questioning shall not be overly long and the employee shall be
entitled to such intermissions as are reasonably necessary.
f. The employee shall not be subjected to any offensive language or abusive
questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary
punishment as a guise to attempt to obtain his/her resignation.
g. The Employer shall not require any employee covered by this Agreement
to take or be subjected to a lie detector test as a condition of continued employment.
Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings,
except by stipulation of the parties to this Agreement
h. The Department may, and upon request will, tape record any
interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to
the lieutenant.
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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 Association concerning the interpretation or application of the
provisions of this Agreement. Nothing in this procedure shall prohibit an employee from
discussing a complaint directly with his supervisor or department head without
representation by the Association, as provided by State Law.
c. Should a subject for claim or dispute arise, there shall be no stoppage of
work by employees, but an earnest effort shall be made to settle such claims or
disputes promptly and in the manner hereinafter outlined.
Step 1
An employee or a group of employees claiming to have a grievance shall
discuss the complaint with the immediate supervisor within ten (10) calendar
days of the alleged occurrence, or when they reasonably should have known of
the alleged occurrence.
Step 2
The supervisor shall attempt informal resolution of the grievance within
seven (7) calendar days after it is presented.
Step 3
Provided the grievance is not settled satisfactorily at step 2, it may be
presented to the Police Chief (or designee) by the Association within seven (7)
calendar days of the supervisor's response or the expiration of the time limit in
step 2. The submission shall be in writing, setting forth the nature of the
grievance, the articles of this agreement allegedly violated, and the requested
remedy.
Step 4
The Police Chief or designee shall attempt to settle the grievance within
ten (10) calendar days after it has been presented, and shall respond in writing.
Step 5
If the grievance is not settled by the Police Chief within the time allowed, it
may be presented in writing to the City Manager, with a copy to the Director of
Human Resources, by the Association within seven (7) calendar days of the
Police Chief's response or the expiration of the time limit in step 4.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 21
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Step 6
The Mayor shall have fourteen (14) days to review the grievance. If the
Mayor does not respond or otherwise settle the grievance within the fourteen-day
period, the grievance shall be automatically advanced to Step 7, and shall not be
forfeited by either party.
Step 7
a. If the grievance is not settled at Step 6, and involves a matter other
than discipline, the dispute will be referred to the negotiating committee of both
parties. The two committees shall meet within ten (10) calendar days to consider
the dispute. At that meeting, all pertinent facts and information will be reviewed
in an effort to resolve the matter through conciliation. If no satisfactory solution is
reached in this step, the matter may be submitted in writing to arbitration within
30 calendar days of the conciliation meeting.
b. If the grievance is not settled at Step 6 and involves discipline other
than an oral or written warning, the matter may be submitted, in writing, to
arbitration within thirty (30) calendar days of the date that the City Manager's
review is due. Oral and written warnings may only be grieved through step 6 of
this procedure. However, if the City attempts to introduce prior oral or written
warnings in a subsequent discipline case that is subject to arbitration, the City
shall be required to prove that it had just cause to issue those prior oral or written
warnings as well as the instant discipline.
Section 2. Arbitration Panel. The City and the Association 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 Lieutenant Association mutually agree to have more than one grievance or dispute
submitted to the Arbitrator.
c. The losing party shall bear the expense of the Arbitrator. The losing party shall
be denominated in the award. When there is no winning party, the cost of the Arbiter
shall be borne equally by the parties. All other costs and expenses will be paid by the
party incurring them, including costs of representation.
d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an
award.
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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 to complete a reasonable investigation
selection of remedies is made. An appeal will be time)
before the selec pp timely under the Civil
Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance
procedure.
Section 5. 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, if it has just cause.
Section 7. Probationary Period. All newly promoted employees must serve a
probationary period. The probationary period upon promotion shall be one year from
the date of appointment. The probationary period shall be extended for the number of
work days equal to the number of work days an employee was absent in excess of 10
work days during the probationary period; provided that the taking of scheduled and
approved vacation shall not be counted toward the ten day period for promotional
probationers. The probationary period is an extension of the promotional process;
therefore, the provisions of this Article will not apply to employees if they are demoted
during the promotional probationary period for not meeting the requirements of the
classification. Grievances brought by probationary employees involving issues other
than 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 Association, no individual employee may make use of the
provisions of this Article, except as expressly provided above.
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ARTICLE 15: NONDISCRIMINATION
The Employer and the Association shall not unlawfully discriminate against any
individual with respect to compensation, terms, conditions, or privileges of employment
because of race, color, religion, national origin, age, sex, or disability. Claims of
unlawful discrimination shall not be processed in accordance with the grievance
procedure denominated herein.
The Employer and the Association agree that they will cooperate in complying
with the Americans with Disabilities Act.
ARTICLE 16: DRUG TESTING
Section 1. Reporting to work under the influence of alcohol and/or illegal drugs,
or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will
result in disciplinary action, including immediate termination. For the purpose of this policy,
substances that require a prescription or other written approval from a licensed physician or
dentist for their use shall also be included when used other than as prescribed. Each
employee must advise the Employer if they are using prescription or other over-the-counter
drugs they know or reasonably should know may impair their ability to perform job functions
and/or operate machinery such as automobiles. 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
2015-2018 COLLECTIVE BARGAINING AGREEMENT 24
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for the purpose of administering this Article, and therefore will be subject to discipline,
including immediate discharge.
Section 3. For the purpose of administering this Article the following definition of
terms is provided:
a. Reasonable Suspicion. Reasonable suspicion is based on specific objective facts
and reasonable inferences from those facts, that discovery testing will produce evidence of
a violation of this policy;
b. Under the Influence. In determining whether an employee is under the influence,
the following cutoff levels shall be used for the initial screening of specimens to determine
whether they are negative for these drugs or classes of drugs:
(Nanograms per milliliter) (ng/ml) Test Level
Amphetamines 1000
Barbiturates 300
Benzodiazepines 300
Cannabinoids 100
Cocaine metabolites 300
Methadone 300
Methaqualone 300
Opiates (Codeine) 300
Opiates (Morphine) 300
Phencyclidine (PCP) 25
Propoxyphene 300
Level of the positive result for alcohol 0.04 blood alcohol
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 an Association
representative, if one is readily available.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 25
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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
Association representative may be present during this discussion.
c. The Employer may request urine and/or blood samples.
d. Urine and blood samples shall be collected at a local laboratory, hospital or medical
facility. The Employer shall transport the employee to the collection site. The Employer
and/or Association 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 Association 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
Association.
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 Association's option, a sample of the
specimen may be requisitioned and sent to a laboratory chosen by the Association for
testing. The cost of this test will be paid by the Association or the employee. Failure to
2015-2018 COLLECTIVE BARGAINING AGREEMENT 26
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exercise this option may not be considered as evidence in an arbitration or other
proceeding concerning the drug test or its consequences. The results of this second test
shall be provided to the City.
Section 7. The employee and the Association (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 lieutenant from date of promotion and/or appointment. If lieutenants are
promoted on the same date then the total years of service as a commissioned police
officer in any state will be utilized to determine seniority.
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 Association, for
the duration of this Agreement, each agree to waive the right to oblige the other party to
bargain with respect to any subject or matter not specifically referred to or covered in
this Agreement.
2015-2018 COLLECTIVE BARGAINING AGREEMENT 27
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ARTICLE 20: DURATION
This agreement shall be effective until December 31, 2018. 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.
1
DATED this 6th day of 5.ebrajtary 2016.
CITY OF FEDERAL WAY: FEDERAL WAY POLICE LIEUTENANT
ASSOCIATION:
���liLLl de∎ 'idO
dir rell, Mayor A sociation Pres..ent, John Clary
Approved as to form:
City Att ey, Amy Jo Pearsall
2015-2018 COLLECTIVE BARGAINING AGREEMENT 28
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APPENDIX A
Lieutenant: The following wage adjustments apply to the currently employed
Lieutenants as of ratification, and will be retroactive to January 1, 2015.
Step A Step B Step C
$8093 $8676 $9301
The following wage adjustments apply to the currently employed Lieutenants as of
ratification, and will be retroactive to July 1, 2015.
Step A Step B Step C
$8,256 $8,850 $9,487
2015-2018 COLLECTIVE BARGAINING AGREEMENT 29