AG 19-045 - Police Guild Negotiations RETURN TO: � �� EXT:
CITY OF FEDERAL AY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: 4uryatl Rf!�50rtrec5
2. ORIGINATING STAFF PERSON: `•Jf1L1 EXT: 3. DATE REQ.BY: f
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/CD BG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTE
P LOCAL
X OTHER_Ad eG it�M 4-0 h j9-�D y� ,, n r
5. PROJECTNAME: UZAC, �}Q 1-Ime ► ► �zUe- CX I P-"S t
6. NAME OF CONTRACTOR: 1 t e, (71t ld
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: O U? COMPLETION DATE: A r F e`I-w4j-
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
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10, DOCUMENT/CONTRACT REVIEW IN IT]ALI DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR —
❑ RISK MANAGEMENT (IFAPPLICABLE)
❑ LAWG rz/io/zozo _J
11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL.DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: _ DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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
❑ LAW DEPARTMENT
'ATORY(MAYOR OR DIRECTOR) a a
❑ CITY CLERK
❑ ASSIGNED AG# A "'
COMMENTS:
I/2020
Retiree Medical Trust Letter of Agreement
This Letter of Agreement ("Agreement") is by and between the City of Federal Way ("City") and
the Federal Way Police Officers Guild ("Guild"), collectively the "Parties."
The Parties agree as follow:
1. The Guild and its members will participate in a retiree medical trust administered by the
PORAC Retiree Medical Trust ("RMT"). Effective January 1, 2021, the City will deduct
from employee gross wages and transfer a pre-tax employee contribution of$50.00 on
a bi-monthly basis for each employee on an ongoing basis. There shall be no employee
election available to take the employee contribution amount in cash or to determine the
employee contribution amount.
2. The City is not a party to the RMT, aside from transferring funds, and has no obligations
related to the RMT's management, regulatory compliance, or performance. In the event
the RMT becomes insolvent or unable to pay retiree medical benefits, the City has no
financial obligation to the RMT,the Guild, or the Guild's members.
3. There will be no cost to the City of establishing the RMT. The Guild will pay to the City
such reasonable and necessary sums related to any payroll programming needed to
effectuate any City automatic transfer of employee funds to the RMT.
4. The City will comply with reasonable rules set by the RMT with regard to reporting and
depositing the required contributions set forth above. In the event the reporting
requirement of the RMT requires reporting beyond that which the City typically provides
to third-party benefit providers, the City will require the Guild to pay for any costs
related to programming or producing such reports. Prior to engaging in any activity that
could result in such an expense,the City will secure the Guild's authorization.
5. The Guild agrees to indemnify and hold the City harmless from any liabilities of any
nature that may arise as a result of the operation of the RMT, except for the obligation
of the City to remit and report the non-elective transfer of employee contributions as
described above.
6. The monies contributed to the RMT shall only be used for retiree health insurance
premiums or health care expenses, as allowed by law and the RMT Summary Plan
Description. There shall be no employee election or option available to take employee
contribution amounts in unrestricted cash.
7. The purpose of the RMT is to provide for retiree medical coverage and reimbursement
benefits. The RMT shall be and remain separate and apart from any City health
insurance or City administered HRA/VEBA funding program.
Page 1 of 2— Retiree Medical Trust Letter of Agreement
8. The employee contributions to the RMT as set forth above shall be included as salary for
purpose of calculating pension benefits, unless otherwise dictated by law or the
administrative rules of the State of Washington LEOFF II retirement plan.
9. This Agreement shall remain in full force and effect unless modified or rescinded
through the Parties' written agreement.
DATED: t 1-1 2-Dzo
For the City: For the Guild:
ZaName:" Jim errell im
Title: Mayor President
Page 2 of 2— Retiree Medical Trust Letter of Agreement
PORAC RETHZEE MEDICAL TRUST
_ Medical Expense Reimbursement Plan
Administered by Vimly Benefit Solutions, Inc.
PO BOX 6 o Mukilteo, WA 98275
P: 877-808-5994 w F: 866-676-1530
o E: l 0RAC:, r'V11111,v.com W: [il'' ;,;,�-1.'.;: ;i ;i?!?5_CQin
JOINDER AP111 ic'.`' iON AND :" GRE'h'.NW.,NT
(1) Association Information.
a. Association Name: Fe-it,1'a( w6,/ o �r't� 0bVCt-✓s I Cjkile(
b. Contact Name and Position: C(t t� A [t-r wl fits- f-,,-t _
c. Contact Phone: Z S-3 • Z 6( •6 Z 6- -
d. Contact Email: ri c ( , lc-t, . Ct`fXv��,�d;�a(r,►.�erY. tor,
e. Association Address: << S W 60,r+4 uA j J)r. #3 S l �e�� LOuy W,4 n 2-3
f. Association Phone: See-
..�
g. Association Email: ree-
h. Association Fax:
(2) Receipt of Trust Documents, We,the undersigned Association and Frnplover, stave received a copy
of die ""Trust Agreernerrt Governing the PORAC Retiree Medical Trust," cfiectke Juric 1, 2008, as
amended thereafter (tile "Trust agreement"'), and the "Medical Expense Reimbursement Plan of the
PORAC Retiree Medical Trust,"ef.April 1,2018,as amended thereafter(the"Plan"), We understand that
the Plan provides medical expense reimbursement benefits to retirees.
(3) heartiest to .Fain. We I hereby request that employees represented by file Association, and hired by
4 _I~t�t G-l- t'-a"'i- [employer] on or after- � (insert date, if
apph ublc) 'be jmnic ijmtill S, t 1mployees in the Pan ("Employees"). In consideration of the granting of
this request,we hereby agree to be bound by the terms,conditions,and provisions of the Trust Agreement
and the Plan, and as they may be hereafter amended. We further agree to comply with reasonable
requests for information from the Trust Office for its recordkeeping purposes,
(4) C'.orttrifstliort 12atc rtltlst rre in le.rstlil0 end a multu jlc of ;3 .
a. T loiiilily Contribution.
i) Rate. The rl1011thly contribution rate of (00 per Employee is set forth in Section
( oftheL�irec
(title of memorandum of understanding, or other written
agreement (in either case, the "MOU")). The contribution rate must be at least $100, and a
multiple of$25,per employee per month. (However,a group may start at a$50 per employee per
month rate,but must increase to$100 per employee per month within 12 months.)
3125119 dr.
PORO 10 0001 rc210701
PORAC RETIREE MEDICAL TRUST
Joinder Application and Agreement
Page 2
ii) Cr�pv of MQU. Attached is a true and complete copy of that MOU, effective from
[ to +u ��;�:G ,authorizing mandatory contributions to the Trust If this
amount is changed, the Association will send the Trust a copy of the new MOU, side letter, etc..
prior to the effective date if possible. The employer named below (the "Employer")
acknowledges that contrihulions are due in one aggregate payment(no split payments) no later
than by the 15`r'of the month following the month for which the contributions are being paid (i.e.,
if the contributions are for July,contributions will be paid no later than August 15).
b. Transfer of Sick/Vacation Leave.
i. Sick Leak,c. There is / ipuat +�cl� one) a provision in the MOU regarding a mandatory sick
leave contribution to the at Section If so, the Employer agrees to transfer
of sick leave on behalf of each Employee at retirement;and/or
%of sick leave on behalf of each Employee annually.
(a) Timing of trans ter after retirement. Employer Nvill transfer the accumulated sick leave
at retirement within sixty days of the date of retirement, accompanied by the name of the
employee to whom it should be attributed.
(b) Timing of transfer of annual leave. Employer will transfer the annual. accumulated
sick leave within sixty days a-ftcr the end of the year in which the sick leave was earned,
accompanied by a list of employees to whom it should be attributed.
di. l!rrtr:iirrr f em . There 0 1 ,role 071e) n provision in the MOU regarding a mandatory
vacation ic:ave contril)ution to tllc Tnist, at Scction if �o, the Enip,loyer agrees to
transfer:
of vacation leave on behalf of each Employee at retirement and/or
%of vacation leave on behalf of each Employee annually.
Timing shall be the same as for transfer of Sick Leave stated in Sec 4bi above.
c. If there are any other provisions in the MOU that relate to the Trust,list them here.
(5) 111st idatory Contributions. We certify that contributions will be made on aU Employees in the
bargaining unit or other defined class, and Employees array not indivirlualdy elect against participadon
in the Plan, nor may any Employee individually elect the level of his or her contributions. If the class
of employees is less than the entire bargaining unit,that must be defined in the MOU.
(6) Delinnuenci. We acknowledge that the Trust Agreement contains provisions regarding pursuit of
delinquent contributions,and we will cooperate with the Trustees in said proceedings.
(7) Employer Data to Trust Office. Along with this Joinder Application and Agreement, the
Employer agrees to provide a complete list of die names, email addresses, and other information
requested by the Trust Office for all Employees, as of the Effective Date (as defined below), using the
Excel spreadsheet provided by the Trust Office for this purpose,or online at;r°.; :.' ilk r::•_ __::�.? `, - ;..
POR010 0001 rc210701
3125119 dr.
PORAC RETIREE MEDICAL TRUST
Joinder Application and Agreement
Page 3
(S) ^NIontirly Dmv to ReDoij. Employer agrees to provide the Trust o liue each nlanth with a complete
list of Employees on whore contributions are made,and the amount of contribution per Employee and in
the aggregate, using the Excel spreadsheet or the monthly invoice provided by the Trust Office for this
purpose. The Employer will indicate new hires and terminations on the monthly report, along with
contact information on a new hires so the Trust Office can send them an enrollment form. Employers can
also use the Trust's website at t, -;]mon365.(;oin to add or delete participants,update addresses
and view/print their bill.
(9) t?mrflo er Information. (Please advise the Trust Office within 30 days of any changes to the
information below.)
a. Employer Name:
b. Contact Name and Position: 7e-&%A �-a r �{u..,�.•-. s�,.�, c� jar r y� 6
c. Contact Phone: Z 5 3 " > .S- ZS3 Z
d. Contact Email; f.ct✓1 • S to ( r ���r ,.�,�,o y r u
e. Employer Address: _ 2-5 8 6 A...►e—
(10) L.EntiEfttion of,Liability. The Association, Employer and Trust acknowledge the following
provision in Article XI, Sections 1 and 2, of the Trust Agreement regarding limitations on the liability of
the participating parties:
11
1. Liabilities and Debts of Trust Fund
No signatory party or Trustee, and no participating employer, employer
association, labor organization, employee, or beneficiary shall be responsible for
the liabilities or debts of the Trust Fund.
2. Liabilities and Debts of Participating Parties
No participating employer, employer association, or labor organization
shall become responsible by reason of their participation in the Trust Fund for the
liabilities or debts of any other participating employer, employer association, or
labor organization.
Except for any obligation to make contributions to the Trust pursuant to a
Special Agreement or Subscription Agreement, a participating employer shall have
no obligation to provide benefits to which its employees may be entitled under a
collective bargaining agreement to the extent that those benefits are provided
under a plan funded through the Trust. A participating employer shall not be a
fiduciary of the Trust or any employee benefit plan funded through the Trust, and
shall have no responsibility or liability for Trust investments or the income tax
treatment of Trust earnings or benefits provided under such plan"
(11) rLffective D.qc. This Agreement shall become effective as of the date of last signature below(the
"Effective Date"); provided, however, that contributions will be accepted as provided in the MOU, and
provided further, that the Trust is not obligated to accept more than three months worth of retroactive
contributions; and any further retroactive contributions may be subject to terms and conditions imposed
by the Trustees,including,for example,lost interest or administrative fees.
(12) F'nfiled Sliming of Risk and Costs'. We acknowledge that: a)the Trustees pool all contributions
(provided, however, that the Trust will maintain a separate record per Employee of the transfer of sick
leave and vacad0n leave); b)That the Trust and Plan operate based on a multiple employer basis, sharing
costs and risk between all participants,and not based only on the Employees of one employer;and c)that
POR010 0001 rc210701
3125119 dr.
PORAC RETIREE MEDICAL TRUST
Joinder Application and Agreement
Page 4
the monthly benefit levels will be set based on actuarial projections for the entire Trust population, and
not only for the Employees.
-finis Agreement shall remain in effect unless terminated in writing by either the
Association or tho Tru5-t; written notice of termination must be received by the non-terminating party
prior to the first day of the month in which participation is to be terminated.
For ASSOCIATION:
CADS n i;c.e. 64;w 5' (-tu:lj
Joining Association A ssociatio�skj_cnt(Print Name) -
Date Assoc imi nt (Sigmmurc)
For EMPLOYER
Zt
Employer Employer Representative(Pri I name)
Date Tmploycr %epresentative(.5ignotin )
Approved and Accepted by:
PORAC RETIREE MEDICAL TRUST
Date n
--f mst Arl,t inµisi3ator(signature) Print name tle �
Please send this, .r.'wt_ert.to:
PORAC Retiree Medical Trust Office Plione number; (877)808-5994
cJo Vimly Benefit Solutions,Inc. Fax:(866)676-1530
P.O.Box 6 Email.' {7R_A_0({;A t-Qo i L,
Mukilteo,WA 98275 Web:i,I1r±y�ll�nrac c�riYr�n.+f��
Inmrad Use Onor
Date received and initials o
- .
fperson recording the date, indicated in line after item:
0 Memorandum of Understanding or other written agreement(MOE9
0 Joinder Application and Agreement ___- ___.
0 ,Spreadsheet with participant information
0 Check—First Month's Contributions
<>Simon Access Request Form
POR010 0001 rc210701
3125119 dr.
II RETURN TO: i-eah S-an EXT: a53 a
CITY OF FEDERAL AY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: 1411(VYl)°rfl kes0u.._c_e5
ORIGINATING STAFF PERSON: JCCIA S J EXT: x539, 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
❑ CONTRACT AMENDMENT(AG#): INTERLOCAL
XOTH ER 0.0S?jail-04a.A.n,x•���1 CIA
PROJECT NAME: ePb\AC_C GUA dI i-e—c6o 14-4-1 0 -S
NAME OF CONTRACTOR: Q
ADDRESS: TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME: TITLE
. 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
. TERM: COMMENCEMENT DATE: 1 / D t12-0 ! COMPLETION DATE: 121 S I I zo 2-1
. 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 ONO IF YES,$ PAID BY:❑CONTRACTOR CITY
RETA IN AGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOC U M ENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW JLC k I l3
I. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 041/I L 12.019
�. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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.)
INITIAAL/DATE SIGNED
24LAW DEPARTMENT /��;l V
SIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK 411011/11ZIMEMI
ASSIGNEDAG# A : `q-QNcj
SIGNED COPY RETURNED DATE SENT: 'y.1 q. \q �Jr Lf
OMMENTS:
,nniIt
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE OFFICERS GUILD
Collective Bargaining Agreement
2019-2021
Table of Contents
ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP 1
Section 1. Recognition 1
Section 2. Status at Academy 1
Section 3. Guild Membership 1
Section 4. Dues Deduction 1
Section 5. List of Employees 1
Section 6. Hold Harmless 2
ARTICLE 2: MANAGEMENT RESPONSIBILITIES 2
ARTICLE 3: HOLIDAYS 4
Section 1. Observed Holidays 4
Section 2. Work on Holidays 5
Section 3. Use of Banked Holiday Hours 5
Section 4. Holiday Scheduling 6
ARTICLE 4: VACATIONS 6
Section 1. Vacation Accrual 6
Section 2. Probationary Employees 6
Section 3. Accrual 6
Section 4. Vacation Increments 7
Section 5. Payment Upon Death 7
Section 6. Forfeiture of Vacation 7
Section 7. Vacation Scheduling - Seniority Basis 7
Section 8. Vacation Cash Out 8
ARTICLE 5: SICK LEAVE 8
Section 1. Sick Leave Usage 8
Section 2. Washington Paid Sick Leave 8
r
Acc ual 9
Carry Forward 10
Verification for Absences Exceeding Three Days 10
Reinstatement of Employment 10
Retaliation Prohibited 10
Section 3. Sick Leave Payment at Time of Retirement 11
Section 4. Washington Paid Family Medical Leave (PFML) 11
Section 5. Industrial Insurance Leave 11
Section 6. Family Care and Death 12
Section 7. Statement of Physician 12
Section 8. Fitness for Duty 13
Section 9. Physical Fitness 14
Section 10. FMLA Leave 14
Section 11. Shared Leave 14
ARTICLE 6: WAGE RATES 15
Section 1. Wages 15
Section 2. Career Development Program 15
Section 3. On-Call Pay 15
Section 4. Extra-Duty Pay 15
Section 5. Corporal 16
ARTICLE 7: HOURS OF WORK 16
Section 1. Work Shifts 16
Section 2. Shift Bidding 18
Section 3. Specialty Assignments 18
Section 4. Shift Trades 18
Section 5. Out of Class 18
Section 6. On-Call 19
ARTICLE 8: OVERTIME 20
Section 1. Scheduling 20
Section 2. Callback 20
Section 3. 7(K) Exemption 21
Section 4. Non-Pyramiding 21
Section 5. FLSA Provisions 22
ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS 22
Section 1. Health Plan. 22
Section 2. Supplemental Disability Insurance 23
Section 3. HRA VEBA Plan 23
ARTICLE 10: MISCELLANEOUS 24
Section 1. Auto/Auto Reimbursement. 24
Section 2. Appearances 24
Section 3. Guild Negotiating Committee 24
Section 4. Guild Business 25
Section 5. Bulletin Boards 25
Section 6. Damage of Personal Effects 25
Section 7. Personnel Files 25
Section 8. Uniforms and Equipment 25
Section 9. Jury Duty 27
Section 10. PIO / OPS / PSO 27
Section 11. Community Center 27
Section 12. Domestic Partner/Partnership 28
Section 13. Tuition Reimbursement 28
ARTICLE 11: PROHIBITED PRACTICES 29
ARTICLE 12: REDUCTION-IN-FORCE 29
Section 1. Layoff 29
Section 2. Recall 29
ARTICLE 13: DISCIPLINARY INVESTIGATIONS 29
Section 1. Criminal Investigations 29
Section 2. Disciplinary Definitions 29
Section 3. King County Inquests 30
Section 4. Just Cause 30
Section 5. Off-duty Misconduct 30
Section 6. Disciplinary Investigations 30
Section 7. Pre-Discipline Meetings 31
Section 8. Imposing Discipline 32
Section 9. Removal of Disciplinary Records. 32
ARTICLE 14: GRIEVANCE PROCEDURE 32
Section 1. Grievance Procedure Steps 32
Section 2. Arbitration Panel 34
Section 3. Time Limits 34
Section 4. Multiple Procedures 34
Section 5. Step 3 Submission 35
Section 6. Just Cause Standard 35
Section 7. Probationary Period 35
Section 8. Parties to the Agreement 35
ARTICLE 15: NONDISCRIMINATION 35
ARTICLE 16: DRUG TESTING 36
ARTICLE 17: SENIORITY 40
ARTICLE 18: SAVINGS CLAUSE 40
ARTICLE 19: RESERVED 40
ARTICLE 20: DURATION 41
APPENDIX A 42
WAGES 42
DEFERRED COMPENSATION. 42
APPENDIX B 43
OVERVIEW FOR CAREER DEVELOPMENT PROGRAM 43
APPENDIX C 45
CALLBACK OVERTIME 45
APPENDIX D 47
DETECTIVES 47
TRAFFIC UNIT 47
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE OFFICERS GUILD
Collective Bargaining Agreement
PREAMBLE: The Federal Way Police Officers Guild ("Guild") and the City of
Federal Way ("City") mutually recognize the importance of ensuring the
highest level of public service. The parties agree that it is of paramount
importance that they constantly and vigilantly work to further this goal. The
parties are dedicated to provide the best possible police protection to the
citizens of Federal Way, and have entered into this collective bargaining
agreement (the "Agreement") in a spirit of cooperation and collaboration in an
effort to further this goal.
ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP
Section 1. Recognition
The City recognizes the Guild as the exclusive bargaining representative for
all employees in the bargaining unit as certified by the Public Employment Relations
Commission.
Section 2. Status at 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
All employees whose classification or job title is included in Article 1, Section
1 of this Agreement may voluntarily join the Guild as a member.
Section 4. Dues Deduction
Upon receipt of written authorization individually signed by a bargaining unit
employee, the City shall deduct from the pay of such employee the amount of dues
and fees as certified by the secretary of the Guild and shall transmit the same to the
Guild within five business days of the issuance of pay checks. Such authorization
shall be terminable upon the employee providing both the City and the Guild 30
days' written notice.
Section 5. List of Employees
The City will transmit to the Guild a current listing of all employees in the
bargaining unit within thirty (30) days of request for same but not to exceed twice per
calendar year. Such list shall include the name of the employee, position, and
salary.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page I 1
Section 6. Hold Harmless
The Guild will indemnify and save the City harmless from all suits, actions,
and claims against the City or persons acting on behalf of the City whether for
damages, compensation or any combination thereof, arising out of the City's faithful
compliance with the terms of this Article. In the event of any suit or proceeding
brought to invalidate this Article, the Guild will actively defend the suit or action.
However, in the event any determination is made by the highest court having
jurisdiction that this Article is invalid, the Guild shall be solely responsible for any
reimbursement.
ARTICLE 2: MANAGEMENT RESPONSIBILITIES
Section 1. The Guild recognizes the right of the City to operate and
manage its affairs in all respects in accordance with its lawful authority. The City
retains the authority that the City has not expressly delegated or modified by this
Agreement.
Section 2. Management rights and responsibilities shall include, but are not
limited to, the following examples:
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.
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.
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 12
b. discharge probationary employees for any reason. Employees
who are discharged before completing their probationary period
shall not have access to the grievance procedures of this
Agreement to protest or challenge the discharge, or the reasons
therefor.
c. recruit, hire, promote, fill vacancies, transfer, assign, and retain
employees.
d. lay off employees for lack of work or funds or other legitimate
reasons.
7. The City has the right to determine business hours, to determine the
starting and quitting times, and to discontinue work that would be
wasteful or unproductive.
8. The City has the right to control the Police Department budget.
9. The City has the right to determine the methods, location, means and
processes by which work shall be accomplished.
10. The City shall have the right to take any and all actions necessary in
the event of an emergency.
The parties recognize the City may perceive a need to make operational
changes in areas that are not covered by the above management responsibilities. In
the event the City desires to make such a change in a mandatory subject of
bargaining, the City shall give the Guild at least twenty-one (21) days' notice of the
desired change. The Guild may request bargaining of the issue, and the City
thereafter will meet with the Guild in an effort to resolve the issue. Failure of the
Guild to request bargaining within the twenty-one (21) day notice period shall
constitute waiver of the right to bargain the change. If the Guild does request
bargaining and the parties are unable to achieve resolution, either party may request
the assistance of a PERC mediator and the parties will work to expedite that
process. If mediation is unsuccessful the issue will expeditiously be taken to interest
arbitration pursuant to the standards contained in RCW 41.56.
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ARTICLE 3: HOLIDAYS
Section 1. Observed Holidays
On January 1st of each year, the City shall bank (provide) one hundred
sixteen (116) hours (one hundred twenty-four (124) hours effective January 1, 2020)
of holiday pay for each bargaining unit employee for the following observed holidays:
Commonly Called
First day of January New Year's Day
Third Monday of January Martin Luther King Day
Third Monday of February President's Day
Last Monday of May Memorial Day
Fourth day of July Independence Day
First Monday of September Labor Day
11th Day of November Veteran's Day
Fourth Thursday of November Thanksgiving Day
Friday following the fourth Day after Thanksgiving
25th day of December Christmas Day
2 Floating Holidays
3 Floating Holidays effective
January 1, 2020
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, fifty-six (56) hours
calculated by multiplying the number of holidays (not including floating holidays)
remaining to be celebrated in that year [seven (7)] by eight (8) hours). 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. 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 two (2) floating holidays (three (3) effective January 1, 2020) 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.
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Section 2. Work on Holidays
The decision of whether an employee will be required to work on an
observed holiday will be made by the City. Employees working on Thanksgiving
Day, Christmas, and New Year's Day shall be paid at time and one half for each
hour worked. Employees working on Independence Day shall be paid at double
time for each hour worked.
Section 3. Use of Banked Holiday Hours
All employees shall make reasonable efforts to expend their banked holiday
hours prior to the end of each year (December 31st). Employees may use their
banked holiday hours in increments no smaller than two hours, and shall use all
banked holiday hours prior to using any vacation hours. Banked holiday hours shall
be used on a first earned, first out (FIFO) basis.
In the event an employee does not use all of his/her banked holiday hours
prior to December 31st, 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.
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Section 4. Holiday Scheduling
Minimum staffing in patrol is set forth in MOS 41.1.1(G), except that the City
shall have discretion to drop minimum staffing levels by no more than two officers on
the holidays listed above in Section 1. On Thanksgiving and Christmas each patrol
may have up to three officers gone on vacation/holiday/comp time. For all other
holidays, the City may allow time off consistent with other days of the year, based on
the need to maintain minimum staffing in patrol.
ARTICLE 4: VACATIONS
Section 1. Vacation Accrual
After six months of continuous service in pay status, regular, full-time
employees shall accrue vacation benefits while in pay status, based upon their
seniority, as indicated in the following table:
Full Years of Service Annual Leave
in Hours
Through end of Year 5 96
Upon beginning of Year 6 132
Upon beginning of Year 11 150
Upon beginning of Year 16 180
Upon beginning of Year 21 204
Upon beginning of Year 26 220
Section 2. Probationary Employees
At the end of six months of continuous employment with the Department in
pay status, employees shall receive forty-eight (48) hours of vacation credit.
Probationary employees are not entitled to the use of vacation hours during the first
six months of employment. Probationary employees who separate employment
prior to successful completion of the FTO program shall not be paid for accrued
vacation.
Section 3. Accrual
Employees with six months of service shall accrue vacation benefits on a
semi-monthly basis, consistent with the City's payroll periods. Part time regular
employees shall accrue vacation leave in accordance with the vacation leave
schedule set forth in Section 1 of this Article, however, such accrual rates shall be
prorated to reflect his/her normally scheduled work week.
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Section 4. Vacation Increments
Vacation may be used in two-hour increments at the discretion of the Chief or
his/her appointed designee.
Section 5. Payment Upon Death
In cases of separation by death, payment of unused vacation benefits shall be
made to the employee's estate, or in applicable cases, as provided by RCW, Title
11.
Section 6. Forfeiture of Vacation
The maximum total vacation accrual is two times the employee's annual
accrual rate.
All employees shall use all of their excess vacation accrual prior to December
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 Mayor, if cyclical workloads, work assignments or other reasons
as may be in the best interests of the City prevent the City from scheduling the
vacation.
Employees wvty meapa
unused vacation up ho to the leamaximumeCiemploy
specifiednt hereinforny, exceptreason thatwill be employees idfor whotheir
become disabled in the line of duty and retire as a result thereof, shall be paid for all
unused accrued vacation in their account at the time of the termination of their
employment. Any employee who voluntarily leaves the department and does not
give the City two weeks' notice shall forfeit all unused vacation, unless such notice is
not reasonably possible.
Section 7. Vacation Scheduling - Seniority Basis
During January, the Department shall conduct a bid for vacations for the
following year. The bid shall be by seniority, and conducted by division and shift. All
vacation bid requests shall be for work weeks. Vacation requests submitted
subsequent to the vacation bid shall be granted dependent upon Department needs
on a first come, first served basis. The City shall make the determination of how
many employees may be on vacation at any one time subject to minimum staffing
levels inMOS41. 1 Gand consistent with other provisions of this Agreement,
e 1. cons ste ,
including Article 3, Section 4.
If the City cancels vacation once it has been approved and the affected
employee has incurred non-refundable expenses in planning for the same, the
employee shall be reimbursed by the City for those expenses. Any employee called
back to duty once vacation has begun shall be reimbursed for any additional
transportation costs incurred in returning to duty.
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Section 8. Vacation Cash Out
Annually, each employee may elect to cash out forty (40) hours of accrued
vacation. An employee electing to cash out forty (40) hours of accrued vacation
must provide notice to HR'no later than November 1. Payment for those employees
electing to cash out forty (40) hours of accrued vacation shall be made on the first
pay check in December. An officer must have at least one hundred (100) total hours
of sick leave, banked holiday hours, and vacation hours in order to participate in
vacation cash out.
ARTICLE 5: SICK LEAVE
Sick leave benefits are accrued by employees based on their eligibility to
participate in either the LEOFF I or LEOFF II systems.
a. LEOFF I employees shall receive temporary disability payments in
accordance with state law.
b. LEOFF II employees shall earn 8 hours paid sick leave per month of
employment, up to a maximum of 1080 hours.
Section 1. Sick Leave Usage
Accrued sick leave benefits may be used by an employee to avoid loss of pay
if the employee is unable to work due to personal illness or injury, enforced
quarantine in accordance with community health regulations, or for family care
purposes in accordance with state law, the City's Employee Guidelines Section 8.1
Sick Leave, and Section 5 of this Article. Sick leave benefits may be used in one
quarter-hour (15 minutes) increments.
Section 2. Washington Paid Sick Leave
Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington
Administrative Code (WAC) and Revised Code of Washington 49.46.210,
Washington Paid Sick Leave is available to Guild members to care for their health
and the health of their family members.
Washington Paid Sick Leave may be used for: an employee's mental or
physical illness, injury or health condition; preventive care such as a medical,
dental or optical appointments and/or treatment; care of a family member with an
illness, injury health condition and/or preventive care such as a medical, dental,
optical appointment; closure of the employee's place of business or child's
school/place of care by order of a public official for any health-related reasons;
and when the employee or the employee's family member is a victim of domestic
violence, sexual assault, or stalking.
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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.
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Carry Forward
The total sick leave hours that will be carried forward at year-end, for both
standard sick leave and Washington Paid Sick leave, will be one thousand eighty
(1,080) hours. This will include a maximum of forty (40) hours of Washington Paid
Sick Leave as provided by law. If an employee is not at the maximum carry
forward of one thousand eighty (1,080) hours, any hours of Washington Paid Sick
Leave in excess of the forty (40) hour carry forward amount will be transferred to
the City sick leave bank, so that employee does not lose hours that they previously
would have banked prior to the establishment of Washington Paid Sick Leave. In
no case will more than a combined total of one thousand eighty (1,080) hours be
carried forward. Article 5, Section 1 of the CBA is modified to reflect the
combined maximum accrual of 1,080 hours.
Verification for Absences Exceeding Three Days
If an employee is seeking to use or has used Washington Paid Sick Leave
for authorized purposes for more than three (3) consecutive days during which the
employee is/was required to work, the employee may be required to provide
documentation that establishes or confirms that the use of paid sick leave is for an
authorized purpose.
Reinstatement of Employment
Employees separating or retiring from employment will not be provided with
financial or other reimbursement for unused, accrued Washington State Paid Sick
Leave, except as set forth below. If an employee leaves employment and is
rehired within twelve (12) months of separation, any accrued, unused paid sick
leave will be reinstated to the employee's paid sick leave bank. Should the
reinstatement occur in a new fiscal year, the maximum bank will be the forty (40)
hours carry over provided that the employee had forty (40) or more hours banked
upon separation.
Retaliation Prohibited
Pursuant to Chapter 296-128-770 of the WAC, any discrimination or
retaliation against an employee for lawful exercise of paid sick leave rights is
prohibited. Employees will not be disciplined for the lawful use of Washington Paid
Sick Leave.
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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 and unused accrued Washington Paid
Sick Leave hours at the employee's current hourly rate, with a
maximum payment cap of two hundred seventy (270) hours.
b. Death in the Line of Duty. The City agrees to pay one hundred
percent (100%) of an employee's unused accrued sick leave hours
and unused accrued Washington Paid Sick Leave hours at the
employee's current hourly rate when death occurs in the line of
duty.
Section 4. Washington Paid Family Medical Leave (PFML)
Effective January 1, 2019 Guild members will pay the employee portion of
the premium and the City will pay the employer portion of the premium as
established by State law. Upon conclusion of final rulemaking by the State in .
2019, the City and the Guild agree to bargain benefit levels.
Section 5. Industrial Insurance Leave
If the state grants industrial insurance benefits, the employee will remain
fully compensated under the City's "kept on salary" program ("Program"). The
Program will continue the full salary without deducting any leave for thirty (30)
days. In the event the employee cannot return to work on the thirty-first (31st)
day, the employee would become eligible for time loss.
Unless otherwise required by State law, the procedure for workers'
compensation time loss payment/reimbursement will be as follows:
State Industrial Insurance will pay time loss compensation according to a set
formula based on marital status and number of dependents. Employees cannot use
sick leave and receive worker's compensation at the same time, because this results
in "double payment". Employees must use the time loss money from worker's
compensation to "buy back" the sick leave used. Compensatory time cannot be
bought back. "Buy back" for vacation leave is optional. Since worker's
compensation only pays a percentage of full wages, an employee can only "buy
back" a percentage of the leave used with that money, however, the employee will
not suffer the income loss that occurs when he/she only receives worker's
compensation benefits. When an employee receives a worker's compensation time
loss check, he/she should turn the check over to payroll. Based upon the
employee's hourly rate and the amount of worker's compensation time loss received,
payroll will determine the amount of leave to be bought back. Payroll will notify the
employee when all available sick leave and/or vacation leave has been used, and
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then the employee will keep additional worker's compensation time loss payments
until he/she is able to return to work. The City will continue to pay its portion of
health insurance premiums for up to a total of six.(6) months while an employee is
on "kept on salary" and subsequently receiving workers' compensation time loss
payment.
An employee who has been away from work due to an injury may not return
to work without a written statement from the appropriate medical personnel stating
the employee is able to resume his/her job duties, or specifying limits on duties
which can be performed.
Section 6. Family Care and Death
a. Bereavement Leave. In the case of death of a member of an
employee's immediate family, regular, full time employees shall be
entitled up to 30 hours of paid bereavement leave. Regular, full time
employees who have exhausted their bereavement leave, shall be
entitled to use sick leave in the amount of up to thirty (30) hours when
death occurs to a member of the employee's immediate family. Upon
approval by the Chief of Police, an additional twenty (20) hours of sick
leave may be used by the employee when death occurs to a member
of the employee's immediate family.
b. Family Care Leave. Employees may use sick leave for family care
purposes in accordance with state law and the City's Employee
Guideline.
c. Immediate Family. Immediate family is defined as the employee's
parent, spouse or domestic partner, children, sister, brother, mother-in-
law, father-in-law, sister-in-law, brother-in-law, grandparents,
grandchildren, aunt, uncle, and step-relations equivalent to those
listed. At its option, the Chief of Police may construe this definition
more broadly to include other persons living in the employee's
household, or to established relationships having attributes to familial
ties.
Section 7. Statement of Physician
The City may reasonably require a physician's statement for the purpose of
assuring that sick leave benefits are being used in conformance with this article, to
verify that an officer has been released to return to duty, and for FMLA related
compliance.
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Officers involved in significant incidents are subject to a return to work
evaluation conducted pursuant this section of the Agreement. The parties agree to
the following process for disclosure of the Return to Work Report that is prepared.
a. Upon written request from the Guild to review the Return to Work Report,
the City shall schedule a meeting with the Guild Representative and the
officer.
b. The officer must sign a release in order for the Guild Representative to
view the report, which will be provided to the City.
c. The officer and the Guild will both attend the meeting when the Chief
discloses the Return to Work Report, unless no release is signed by the
officer in which event only the officer will attend.
d. In the event the Guild subsequently files a grievance and the Guild has
obtained a signed release from the employee, the Chief will provide a
copy of related documents to the Guild's attorney upon written request.
Any information provided to the City will be placed in the ADA compliant
confidential file, and will not be put in the officer's personnel file.
Any required contact employees have with their own physician related to the
requirements of this Agreement may be done during work hours, provided it is at a
time that does not interfere with other duties. If an employee is required to be
physically examined by his/her own physician as a condition of opining on the effects
a particular drug may have on the employee's work performance, that examination
shall be considered time worked.
Section 8. Fitness for Duty
The City may require that an employee take a fitness for duty examination
when the City has reasonable doubt that the employee can perform the essential
functions of the job, consistent with State and Federal law.
If the City requires an employee to submit to a fitness for duty evaluation, the
City shall provide the employee and the Guild in advance of the evaluation an
explanation of why the City is requiring the evaluation. The employee shall have the
right to obtain copies of all documents generated as a result of the evaluation within
a reasonable time from the City's receipt of the documents. The employee will be
required to submit to the first evaluation without loss of pay. If the City's evaluation
is that the employee is not fit for duty, the employee shall have the right to obtain a
second non-binding opinion at the employee's own expense and on the employee's
own time (off-duty or paid leave time). No such expenses for this second opinion
may be turned in for reimbursement under the City's self-insurance program. If the
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two evaluations are inconsistent on the employee's fitness for duty, the evaluators
shall jointly select a third, qualified evaluator. The expense for the third evaluation
shall be equally borne by the City and the employee. The Guild agrees to pay the
employee's portion of the cost of the third evaluator in the event that the employee
does not. The opinion of the third evaluator shall be final and binding upon the
parties.
Section 9. Physical Fitness
Minimum Fitness Standards. The City will discharge its duty to bargain with
the Guild before setting minimum fitness standards for the bargaining unit, and will
bargain the effects of setting the standards, such as testing procedures, etc. This
duty does not apply to individual medical decisions regarding officers.
Section 10. FMLA Leave
For purposes of determining the twelve (12) week leave period provided by
the FMLA, such period shall run concurrent with the employee's accrued paid leave
period. The amount of leave available for use is based on a rolling twelve (12)
month period.
Section 11. Shared Leave
An employee may be eligible to receive shared leave if all of the following
conditions are met:
a. The employee suffers, or has an immediate family member suffering from
an illness, injury, impairment, or physical or mental condition which is of
an extraordinary or severe nature and which has caused, or is likely to
cause, the employee to go on leave without pay status or to terminate his
or her employment with the City; and
b. The employee has completed one year of employment with the City; and
c. The employee has depleted or will shortly deplete his or her total of
accrued vacation, sick leave, compensatory time, holiday time and/or
other paid leave; and
d. Prior to the use of shared leave, the employee has abided by the City's
sick leave policy; and
e. When appropriate, the employee has diligently pursued and is found to be
ineligible for other disability benefits including workers comp time loss; and
f. The use of shared leave will not significantly increase the City's costs,
except for those costs which would otherwise be incurred in the
administration of this program or which would otherwise be incurred by the
Department.
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COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page ) 14
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
A description of the Career Development Program is contained in Appendix
B.
Section 3. On-Call Pay
Employees assigned as detectives, employees assigned to the Traffic
Unit/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 4. Extra-Duty Pay
a. Employees assigned as Field Training Officers ("FTOs") shall receive an
additional seven (7) percent of the top step wage rate per month, as extra-
duty pay for all time spent in the actual training of employees.
b. Employees assigned as K-9 officers ("K-9") shall receive an additional
three (3) percent of the top step wage per month.
c. Employees assigned 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.
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Section 5. Corporal
Corporals are included in the bargaining unit. Corporals will perform the tasks
set forth in Manual of Standards Section 11.1 and 11.2. Corporals will receive a pay
differential of five (5) percent above E step police officer. The parties agree that the
Corporal position is not a civil service rank.
ARTICLE 7: HOURS OF WORK
Section 1. Work Shifts
a. The Patrol Division will continue to work a 4/10 schedule. Shift starting
hours and the number of positions per shift will be determined from time to
time by the City. The City may institute a power patrol shift (5/8 schedule).
b. (i) Detectives will work a 4/10 schedule with either Mondays or Fridays
off. In the event of court appearances or operational needs of the Police
Department the City may adjust the shifts and work days of Detectives to
minimize overtime expenses to the City, provided however, that where a
Detective's or Detectives' shift or work day is adjusted because of
operational needs of the Police Department, the employee(s) will be given
at least 72 hours advance notice of such adjustment. In the event an
employee or employees are not provided with the notice required by this
section, the employee or employees will be paid overtime for all hours
worked outside the employee's normal shift. Normal work hours will be
from 0600 — 1600 or 0700-1700. Detectives will be authorized to work a
traditional 5/8 schedule upon request. Except for the rotating on-call
detective assignment, if the City determines to have individual schedules
for detectives that do not have weekends off, the City will initially request
volunteers and then make the assignment by inverse seniority if there are
insufficient volunteers. Detectives and SIU will continue to flex their time
when reasonably possible so as to minimize overtime.
b. (ii) The swing shift for detectives described in Appendix D may be
implemented when there are fifteen (15) detectives. In the event the
number of detectives falls below fifteen (15), the City has a one (1) month
grace period to fill the detective vacancy. If the number of detectives
remains below fifteen (15) following the one (1) month grace period, all
detectives shall be switched to day shift unless a detective or detectives
prefers to remain on swing shift.
b. (iii) During the fourth quarter of each year, the Department shall conduct a
bid among detectives for days off for the following year. The bid and the
selection of days off shall be by Department seniority. In the event it
becomes necessary to fill a vacancy in a swing shift position at a time
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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 D
may be implemented when there are eight (8) traffic officers. In the event
the number of Traffic Officers falls below eight (8), the City has a one (1)
month grace period to fill the Traffic Officers' vacancy. If the number of
Traffic Officers remains below eight (8) following the one (1) month grace
period, all Traffic Officers shall be switched to a Monday-Friday schedule
unless a Traffic Officer or Traffic Officers prefers to remain on a Saturday
shift.
c. (iii) During the fourth quarter of each year, the Department shall conduct a
bid among the Traffic Officers for days off for the following year. The bid
and the selection of days off shall be by Department seniority. In the
event it becomes necessary to fill a vacancy in a position on the Saturday
schedule at a time other than when days off are bid for the following year,
the City shall first request volunteers for the Saturday schedule from the
Traffic Officers. In the event there are no volunteers, selection of Traffic
Officers shall be made by reverse Department seniority.
c. (iv) In the event a new employee is assigned to traffic after bidding has
been completed for a year, such employee may not use his/her
Department seniority to displace/bump another traffic officer.
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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.
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.
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COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 1 18
Section 6. On-Call
nall
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/Major Accident Investigation Team
may be placed on a rotating, on-call schedule so long as no fewer than
eight (8) employees are assigned to the single Traffic Unit/Major Accident
Investigation Team on call schedule.
i. The Major Accident Investigation Team shall be composed of those
employees assigned to the Traffic Unit and volunteers obtained by the
City using the current procedure used for making specialty
assignments.
ii. The rotating, on-call schedule for employees assigned to the Traffic
Unit/Major Accident Investigation Team and the procedures for
g
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
Any time worked in excess of the assigned shift shall be paid at the overtime
pay rate. Except in emergency situations, Department approval is required before
working overtime. Overtime shall be paid at time and one-half (1-1/2) times the
employee's regular hourly rate of pay. Overtime shall be accrued in increments of
one-quarter hour, with the major portion of one-quarter hour to be paid as one-
quarter hour.
a. Compensatory time may be accrued by an employee at the time and one-
half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a
maximum of eighty (80) hours. The accrual of compensatory time is
contingent on approval by the City.
b. Compensatory time off shall be used in accordance with the provisions of
the Fair Labor Standards Act and the case law decided there under,
including Mortensen v. County of Sacramento.
Section 1. Scheduling
The City has the right to schedule overtime work as required in a manner
most advantageous to the Department, consistent with the requirements of
municipal employment and the public safety.
Section 2. Callback
Any employee called back after finishing his/her regular shift, or called to
report on his/her day off for any reason (including being called into court on matters
arising directly from the officer's employment as a police officer), shall be guaranteed
three (3) hours pay at one and one-half (1-1/2) times his/her regular straight-time
hourly rate of pay. If the assignments require time over the three (3) hour
guarantee, all time over the three (3) hours shall be paid at the rate of one and one-
half (1-1/2) times his/her regular straight-time hourly rate of pay.
a. When an officer is called back to work within a three (3) hour period
immediately preceding his/her regular shift, he/she shall be entitled to pay
at one and one-half (1-1/2) times his/her regular straight-time hourly rate
of pay from the time of appearance to the time his/her regularly scheduled
shift begins, whatever that period of time shall be.
b. All court time accumulated which begins when an officer is on dutyand
9
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.
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c. (i) Between two regular work shifts, graveyard patrol officers who are
called back to work or attend court during hours outside the officer's
regular work shifts will be granted up to eight consecutive hours of break
from work for a rest period before being required to return to work. The
break begins when the employee arrives back at the police station
following the court or work obligation.
c. (ii) When the rest period encroaches into an employee's subsequent
regular work shift and the employee intends to exercise the rest break
option, the employee must notify an on-duty supervisor or commander in
advance of the anticipated tardy arrival. The employee will be paid (at the
regular straight time rate) for rest break hours as if the employee was
present at work.
c. (iii) This does not create a mandate for the employee to take an eight-hour
9
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 followingthe 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 isg iven less than twelve (12) hours' notice of
cancellation of a scheduled off-duty court appearance, he/she shall be
entitled to three (3) hours pay at one and one-half (1-1/2) times their
regular straight-time hourly rate of pay. Notice of cancellation will first be
attempted by direct phone message. If no contact is made, a message to
voice mail (either at home or the Department) indicating time and date of
message shall suffice as notification.
See Appendix C for additional provisions regarding Callback Overtime.
Section 3. 7(K) Exemption
The City has elected a 7(K) exemption pursuant to the Fair Labor Standards
Act (FLSA). The City may determine a work period consistent with the 7(K)
exemption, and will pay the overtime rate for FLSA hours worked in excess of the
maximum permitted in that work period, unless overtime pay has already been paid
pursuant to the requirements of this Agreement.
Section 4. Non-Pvramidinq
Premium or overtime pay shall not be duplicated or pyramided.
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Section 5. FLSA Provisions
The City will comply with the hours of work provisions of the FLSA regarding
the determination of compensable time.
ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS
Section 1. Health Plan.
The Employer shall provide LEOFF I employees such coverage as is
mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters
Retirement System Laws of 1969, as revised. For LEOFF II employees the
coverage shall be as follows:
a. (i) The Employer shall pay each month one hundred percent (100%) of the
premium necessary to purchase employee coverage and ninety percent (90%) of the
premiums necessary for the purchase of dependent coverage (excluding spouses
who are eligible for other coverage through their place of employment) under Kaiser
Permanente PPO Access or HMO insurance plans as selected by the employee.
The City will reimburse actual expenses incurred in order to cover the annual
deductible payments under the PPO Plan ($100 individual, max $300 family).
a. (ii) There will be a Plan A and a Plan B. An officer and spouse/partner (if
covered under the plan) both must complete the Healthcare Questionnaire, the
Biometric Screening, and the officer must participate in the City's wellness program
meeting the established criteria by October 31 of each year in order to be eligible for
Plan A in the succeeding year. The Guild will work with the City to develop mutually
agreeable challenges.
a. (iii) The Guild will work with the City to ensure that the City is not required
to pay any excise tax under the Affordable Care Act.
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.
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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 II disability plan
selected and administered by the Guild. 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. HRA VEBA Plan
The City will maintain a HRA VEBA Plan, health reimbursement arrangement,
that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b)
irrevocable selection for the group of mandatory participation as defined by the plan,
(c) immediate vesting of all contributions, (d) reimbursement of qualified out-of-
pocket medical care as defined by the IRS for medical expense deductions under
Section 213 of the Internal Revenue Code, and (e) transfer of an account to a
surviving spouse/eligible dependent for use for eligible medical expenses upon the
death of the employee.
a. Employer Contribution. In 2019, on the first of the month following
ratification, the City will pay a one-time lump sum contribution of $500 into the
employee's HRA/VEBA account of each bargaining unit employee.
Effective January 1, 2020, each bargaining unit employee will receive a one-
time City lump sum contribution of $500 into the employee's HRA/VEBA account,
which the City will contribute by the first pay period of the year (January 20th)
Effective January 1, 2021, each bargaining unit employee will receive a one-
time City lump sum contribution of $500 into the employee's HRA/VEBA account,
which the City will contribute by the first pay period of the year (January 20th)
Should an unforeseen delay occur with the City contribution, the City will
notify the Guild when it becomes aware of such delay. City contributions will be
made to the Standard HRA, which allows for active access of HRA/VEBA funds,
provided that the employee is covered on the City's health insurance plan or covered
on another qualified group health plan. Should an employee not meet the coverage
criteria, the City contribution will be made to a Post-Separation HRA/VEBA account
and funds would not be available to the employee until after separating from service.
The City will make no other contributions to the plan.
b. Mandatory Employee Contribution. Effective on the first of the
month following 30 days from the date of ratification and on a monthly basis
thereafter, each employee will make a mandatory twenty-five ($25.00) dollar per
month pre-tax contribution to the employee's HRA/VEBA.
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ARTICLE 10: MISCELLANEOUS
Section 1. Auto/Auto Reimbursement.
a. (i) Take Home Cars. Upon the completion of the probationary period,
bargaining unit employees who live within the City limits and/or PAA (Potential
Annexation Area) shall be issued take home vehicles which may be used to
commute to and from work and for transportation to all matters arising directly from
the officer's employment as a police officer, including extra-duty employment. Also,
school resource officers who live within the City limits, the on-call detective, K-9
officers, employees assigned to SIU, and traffic officers assigned to motorcycles
shall continue to be issued take home vehicles in accordance with current practice.
a. (ii) The Study Of Take Home Car Program. A labor management
committee shall be maintained to study and discuss the pros and cons of expanding
the boundary for take home cars and submit its findings for biennial budget
discussions.
a. (iii) Employee Vehicles. All employees who have been authorized to use
their own transportation on City business shall be reimbursed for actual mileage at
the then current reimbursement recognized by the Internal Revenue Service.
Section 2. Appearances Before the Civil Service Commission, PERC,
or Labor Arbitrators
Employees who are requested by the City to attend proceedings before the
Civil Service Commission, PERC, or a labor arbitration may attend without loss of
pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall
be allowed to testify without loss of pay only during the time of their testimony. The
parties will cooperate in scheduling such witnesses so as to minimize any disruption
to the Department.
Section 3. Guild Negotiating Committee
Up to four (4) employees who serve on the Guild Negotiating Committee shall
be allowed time off from duty to attend negotiating meetings with the City.
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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
discriminatoryor otherwise undulyinterfere with the operations of the Department.
p
Section 6. Damage of Personal Effects
Employees who, in the line of duty, suffer damage to personal property and/or
clothing, will have same repaired or replaced at Department expense. Damage
caused by ordinary wear and tear will not be covered, and replacement will be
limited to personal effects of regular and ordinary value (i.e.-no Rolex watches).
Section 7. Personnel Files
Employees shall have access to complete copies of their personnel files at any
reasonable time. The employee may request removal of material that he/she believes
is erroneous or irrelevant. If the employee does not agree with the City's decision,
he/she may prepare a statement responding to or supplementing the material in the
file, and that statement will be placed in the file.
Section 8. Uniforms and Equipment
a. (i) Department Issued Uniforms and Equipment. As detailed more
fully in a Memorandum of Agreement between the parties agreement on uniforms,
all commissioned officers shall be furnished required uniforms and equipment.
a. (ii) Dry-Cleaning. Uniforms shall be dry-cleaned at the City's expense as
necessary.
a. (iii) Annual Allowance. All employees shall be paid an annual allowance
per the schedule below for reimbursement for expenses incurred in the purchase of
job-related footwear, clothing, and pre-approved accessories. No such payment will
be rolled over to the next year in the event an employee does not purchase job-
related footwear, clothing, or accessories during a year.
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• Officers assigned to the Criminal Investigations Section property
crimes or crimes against persons units and the Administrative Officer
in Professional Standards will be paid up to $600 per calendar year.
This amount is expected to cover the cost of clothing needed in the
investigations unit (sport coats, crime scene clothes, etc.), accessories,
and uniform footwear.
• Traffic officers assigned to motorcycles shall be paid up to $325 per
calendar year. This amount is expected to cover the cost of required
footwear, clothing, accessories, and eye protection.
• All other employees will be paid up to $200 per calendar year. This
amount is expected to cover the cost of accessories, footwear, and
other items of clothing needed in uniform service.
If an employee is transferred to CIS during a calendar year, the combined
total reimbursement is capped at $600 for that year, regardless of whether the
employee used some allowance funds earlier in the year. Likewise the total
reimbursable expense is capped at $325 for new motorcycle officers.
Employees must retain receipts of purchased items and submit the receipts
collectively to the City for reimbursement one time per calendar year at any time
during the year but no later than December 31. The City will reimburse each
employee once annually up to the maximum allowed amount(s) as outlined above.
As used in this Section, "accessories" include the following items. Nothing
prohibits the City and Guild from modifying this list through written agreement.
• T-shirts (black or white)
• Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD"
embroidery is optional)
• Socks (black)
• Baseball caps (with FWPD mini-patch)
• Watch cap (with FWPD mini-patch)
• Nylon web gear
• "Comfort Fit" Belt System
• Handcuffs (nickel-plate or black finish)
• Metal baton
• Mini-flashlight
• Mini-flashlight pouch/holder
• Key Holder
• Latex glove holder
• Radio earpiece
• Folding knife (no more than 4" blade length)
• Patrol bag / Carry case
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• External Armor Carrier (see MOS 41.35D External Body Armor
• Specs)
• Suspenders for duty belt
• Holsters (must comply with department specifications for either
• Uniform or plain clothes on-duty use)
• Firearms (must comply with department specifications for either
• uniform or plain clothes on-duty use)
• Sights for firearms (must comply with department specifications for
either uniform or plain clothes on-duty use)
Section 9. Jury Duty
An employee required by law to serveon jury duty shall continue to receive
salary for up to eighty (80) hours for each separate occasion the employee is
required to serve, shall be relieved of regular duties, and assigned to day shift for the
period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the
Court for jury duty shall be forwarded to the City. The City shall have the right to
request the court to excuse the employee from any or all jury duty if there are
circumstances that would make the absence of the employee an undue hardship on
the City or other personnel.
When an employee is notified to serve on jury duty, he/she will inform his/her
immediate supervisor as soon as possible, but not later than two weeks in advance,
regarding the dates of absence from regular duties.
Officers who have time remaining on their shift at the time of release or
dismissal from jury duty shall immediately contact their supervisor to determine
whether they should report for duty.
Section 10. PIO / OPS / PSO
The duties currently performed by the Public Information/Crime Prevention
Officer and the duties previously performed by the bargaining unit employee
assigned to the Office of Professional Standards may be assigned to non-bargaining
unit employees employed by the City.
Section 11. Community Center
Guild members will be eligible to participate in the Federal Way Community
Center's employee discount program pursuant to the Employee Guidelines. The
parties recognize the City may need to make changes to the program. In the event
the City desires to make changes, the City shall give the Guild at least ten (10) days'
notice of the desired change. The Guild may request bargaining of the issue, and
the City thereafter will meet with the Guild in an effort to resolve the issue.
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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 "spouse"/"dependent"
for all purposes under this agreement.
(ii) A dependent child of a person whom an employee identifies as his or
her domestic partner by completing an Affidavit of Domestic Partner
will be treated as and provided the same benefits as an employee's
"child"/"dependent" for all purposes under this agreement.
Section 13. Tuition Reimbursement
a. (i) The City will reimburse employees for the cost of tuition and for the
cost of books, for prospective requests only, as long as the subject matter
of the specific course or course of study is job-related and the tuition costs
do not exceed those found at the University of Washington.
a. (ii) In order to obtain the reimbursement, the bargaining unit member must
successfully complete the course, attaining a C grade or higher and must
reimburse the City if they leave the City's employ within two years of class
completion.
a. (iii)The City shall make twenty thousand dollars ($20,000.00) per year
available to bargaining unit members for tuition reimbursement. If at any
time during a year the maximum twenty thousand dollars ($20,000.00)
limit is reached, then all subsequent requests for tuition reimbursement
shall be denied.
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ARTICLE 11: PROHIBITED PRACTICES
Neither the Guild nor the City shall initiate, authorize, or participate in any
strike, work stoppage, work slow-down, lock-outs, or any other unlawful organized
effort that interferes with the efficient operation of the Department.
Employees covered by this Agreement who engage in any of the actions
prohibited in Section 1 above shall be subject to such disciplinary actions as may be
determined, up to and including discharge and termination, by the City. The Guild
agrees that the level of any such disciplinary action issued by the City shall be
final and,binding, and in no case be construed as a violation by the City of any
provision of this Agreement.
ARTICLE 12: REDUCTION-IN-FORCE
Section 1. Layoff
Employee layoffs shall be made on the basis of job performance and
seniority. Absent significant and material distinctions in job performance, the
employee with the least amount of seniority shall be laid off first. Relative job
performance shall be determined on the basis of qualifications and job performance
evaluations.
Section 2. Recall
Employees laid off in accordance with the provisions of this Article will be
offered reinstatement into future vacancies of the same classification in the inverse
order of layoff, for a period of one year from the date of layoff. An employee that has
been laid off must keep the City informed of their current address and phone
number. An employee who fails to report for duty within three days of being recalled
(or commits to return within three days, even though he/she cannot actually return
for up to two calendar weeks due to the requirement to give notice to an interim
employer), or who rejects an opportunity for reinstatement, shall be removed from
the recall list.
ARTICLE 13: DISCIPLINARY INVESTIGATIONS
Section 1. Criminal Investigations
In criminal matters, an employee shall be afforded the Constitutional rights
available to any citizen.
Section 2. Disciplinary Definitions
For purposes of this article, "discipline" means verbal warnings, written
reprimands, suspension without pay, a withheld step, demotion, and discharge.
"Consequential discipline" means suspension without pay, a withheld step,
demotion, and discharge. "Corrective discipline" means verbal warnings and written
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COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 129
reprimands. "Disciplinary Investigation" includes standards investigations done by
the Police Department and investigations done by Human Resources or an agent
thereof. "Interrogation" means any questioning of a subject employee by an agent of
the City who is conducting a disciplinary investigation.
Section 3. King County Inquests
The City will not impose corrective or consequential discipline against an
employee based solely on the findings of a King County inquest proceeding.
Section 4. Just Cause
No employee shall be subject to discipline except for just cause.
Section 5. Off-duty Misconduct
An employee who engages in off-duty misconduct may be subject to
discipline when: (1) the off-duty misconduct, if known, would harm the City's
reputation in the community; (2) the off-duty conduct materially affects the
employer's business operation; or (3) the conduct is inconsistent with the office that
the police officer holds.
Section 6. Disciplinary Investigations
In disciplinary investigations the following guidelines shall be as follows:
a. The Department will notify a member of the Guild E-Board:
1. Prior to serving an employee with notice of the disciplinary
investigation;
2. Prior to interviewing subject employee; and
3. Of the results of an investigation after it is completed.
b. The subject employee shall be informed of the nature of the matter in
sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall
operate as a waiver of the Guild's right to request information.
c. Employee will be given reasonable notice of scheduled interview
times unless such notice would jeopardize the successful completion of
the
investigation. The notice will also:
1. Advise the employee whether s/he is being interviewed as a witness or
is the subject of the investigation (is accused of wrong-doing);
2. Advise the subject employee of his/her right to have a Guild
representative present at the interview. Neither the investigator nor the
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COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 1 30
police administration will discourage the presence of a Guild
representative; and
3. When a subject or witness employee states a desire to have
representation present, the Department will allow a reasonable time for
the employee to summon representation.
d. Interrogations shall take place at the City Police Department and will
occur during the employee's normal work hours; during the employee's assigned
administrative leave hours; or at a time and place agreed upon by the interviewer
and the Guild.
e. During the interrogation and before questioning occurs, the investigator
will inform the employee that failure to fully and truthfully answer questions may
result in disciplinary action up to and including termination.
f. Questioning shall not be overly long and the employee shall be entitled
to such intermissions as are reasonably necessary. The employee shall not be
subjected to any offensive language or abusive questioning, nor shall he/she be
threatened with dismissal, transfer or other disciplinary punishment as a guise to
attempt to obtain his/her resignation.
g. The Employer shall not require any employee covered by this
Agreement to take or be subjected to a lie detector test as a condition of continued
employment. Nor shall polygraph evidence of any kind be admissible in disciplinary
proceedings, except by stipulation of the parties to this Agreement.
h. The Department shall tape record the interrogation of a subject
employee. Upon request, a copy of the tape and the transcript will be provided to
the Guild. For all Guild witnesses (other than the subject employee), the
Department will either tape the interview or seek a written statement, which will
become part of the investigation and will be provided to the Guild upon request.
Disciplinary investigations shall be concluded in a reasonable time.
Section 7. Pre-Discipline Meetings
Prior to the imposition of corrective or consequential discipline, the
Department shall provide a complete copy of the investigation file to the Guild. In
addition, the Department shall notify the Guild of the proposed level of corrective or
consequential discipline. In cases where corrective or consequential discipline is
recommended, the subject employee and/or the Guild may meet with the Chief of
Police or his/her designee to provide mitigating circumstances related to the
disciplinary action being considered.
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Section 8. Imposing Discipline
The Department shall provide written notice to the subject employee and the
Guild of the imposed discipline, including a summary of the factual conclusions and
the policies, procedures and/or standards violated. Verbal reprimands are subject to
steps 1 through 4 of the Article 14 Grievance Procedures; written reprimands are
subject to steps 1 through 5 of the Article 14 Grievance Procedures. Consequential
discipline is subject to all steps of the Article 14 Grievance Procedure.
Section 9. Removal of Disciplinary Records from Police Department
Personnel File.
An employee may request removal of his/her disciplinary records from his/her
Police Department personnel file consistent with the Department's Manual of
Standards Section 26.1.8 and State retention schedule for government records.
Requests for removal of disciplinary records shall not be unreasonably denied.
Nothing in this Section shall be construed as requiring the City to remove any
employment records necessary to the City's case if it is engaged in litigation or
arbitration related to that employees employment at the time those records would
otherwise be removed.
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.
p
Step 6
The Mayor shall have fourteen (14) days to review the grievance. If
the Mayor does not respond or otherwise settle the grievance within the
fourteen-day period, the grievance shall be automatically advanced to Step 7,
and shall not be forfeited by either party.
Step 7
a. If the grievance is not settled at Step 6, and involves a matter
other than discipline, the dispute will be referred to the negotiating committee
of both parties. The two committees shall meet within ten (10) calendar days
to consider the dispute. At that meeting, all pertinent facts and information
will be reviewed in an effort to resolve the matter through conciliation. If no
satisfactory solution is reached in this step, the matter may be submitted in
writing to arbitration by the Guild within thirty (30) calendar days of the
conciliation meeting.
b. If the grievance is not settled at Step 6 and involves discipline
other than an oral or written warning, the matter may be submitted, in writing
by the Guild, to arbitration within thirty (30) calendar days of the date that the
Mayor's review is due. Oral and written warnings may only be grieved
through step 6 of this procedure. However, if the City attempts to introduce
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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 Guild shall try to agree upon a mutually acceptable
Arbitrator. If the parties fail to agree, they shall request a list of seven (7) Arbitrators
from the Federal Mediation and Conciliation Service, with all Arbitrators being
members of the National Academy of Arbitrators. The parties shall alternatively
strike from the list until only one name remains. 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 Arbitrator shall be borne equally by the parties.
d. All other costs and expenses will be borne by the party incurring them,
including the costs of representation.
e. The Arbitrator shall have thirty (30) days from the close of the hearing
to issue an award.
Section 3. Time Limits
Time limits will be strictly adhered to, but may be extended by mutual written
agreement upon reasonable request, except for situations where no timely grievance
is filed. While forfeiture under this clause will finally resolve the matter in dispute, it
will not establish a precedent between the parties on issues of contractual
interpretation.
Section 4. Multiple Procedures
In the case of disciplinary actions, both appealable to the Civil Service
Commission and grievable under the terms of this contract, a written election of
remedies shall be made after receipt of the Step 6 response. An employee may
elect to either pursue an appeal to the Civil Service Commission or continue with the
contractual grievance procedure, but not both. If mutually agreed, time limits will be
POLICE GUILD
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page I 34
extended up to 30 days to complete a reasonable investigation before the selection
of remedies is made. An appeal will be timely under the Civil Service rules if it is
filed within ten (10) days of the completion of step 6 of the grievance procedure.
Section 5. 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 wasabsent 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.
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ARTICLE 16: DRUG TESTING
Section 1. Reporting to work under the influence of alcohol and/or illegal
drugs, or the use, sale, or possession by an employee of illegal drugs is strictly
prohibited and will result in disciplinary action, including immediate termination. For the
purpose of this policy, substances that require a prescription or other written approval
from a licensed physician or dentist for their use shall also be included when used other
than as prescribed. Each employee must advise the Employer if they are using
prescription or other over-the-counter drugs they know or reasonably should know may
impair their ability to perform job functions and/or operate machinery such as
automobiles. In such situations, the following process shall apply:
a. If the officer has been specifically informed by his/her physician that the
drug(s) will not impair performance or the ability to operate an automobile,
the officer is not required to make a disclosure to the Department.
b. In cases where an officer makes an advisement to the Department, the
Chief shall determine whether the drug could impair the ability of an officer to
operate an automobile or perform other job functions (hereafter "impair
performance"). In situations where the answer to that question is not
otherwise clear to the Chief, or in cases where the officer believes that there
will be no impaired performance, the Chief will seek the expertise of a
medical professional to determine whether the drug(s) could impair
performance.
c. If the medical professional consulted by the Chief states that the drug would
not impair performance, or if the Chief is otherwise able to make this same
determination, the officer will be so informed and no further action will be
taken.
d. If the medical professional concludes the drug could impair performance, or
if otherwise required pursuant to this Agreement, the officer will provide
written authorization from a physician that the drug will not impair
performance. In responding to the request, the physician will only be asked
to confirm that the drug will not impair performance, and will not be asked to
provide an further information to the Chief.
e. If the physician determines that the drug could impair performance that
information will be provided to Human Resources for a determination of
whether accommodations can be made.
Any information provided to the City will be placed in an ADA compliant
confidential file, and will not be put in the officer's personnel file.
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Any required contact employees have with their own physician, related to the
requirements of this Agreement, may be done during work hours, provided it is at a
time that does not interfere with other duties. If an employee is required to be
physically examined by his/her own physician as a condition of opining of the effects a
particular drug may have on the employee's work performance, that examination shall
be considered time worked.
Any voluntary request by an employee for assistance with his/her own alcohol
abuse problem will remain confidential and shall not be used as the basis for any
disciplinary action provided that the request for assistance is initiated prior to being
identified as impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is
to enforce the criminal laws. Moreover, the parties recognize the courts have held it
would substantially impair law enforcement agencies if they were required to employ
individuals within their ranks who have violated the very laws said agencies are charged
with enforcing. Therefore, the Employer reserves the right to refuse to employ or
continue the employment of individuals who are or have been engaged in serious
criminal conduct, whether drug related or not.
Section 2. Where a supervisory employee of the City has a reasonable
suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is
abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the
employee in question will be asked to submit to discovery testing. Such tests include
breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or
such drugs.
An employee who refuses to submit to discovery testing for alcohol and/or
illegal drugs shall be conclusively presumed to be under the influence of alcohol or an
illegal drug for the purpose of administering this Article, and therefore will be subject to
discipline, including immediate discharge.
Section 3. For the purpose of administering this Article the following
definition of terms is provided:
a. Reasonable Suspicion. Reasonable suspicion is based on specific
objective facts and reasonable inferences from those facts, that discovery testing will
produce evidence of a violation of this policy;
b. Under the Influence. In determining whether an employee is under the
influence, the following cutoff levels shall be used for the initial screening of specimens
to determine whether they are negative for these drugs or classes of drugs:
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(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 a
Guild representative, if one is readily available.
b. The employee shall be given an opportunity to explain the reasons for
the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to
toxic substances, or any other reasons known to employee, to the test administrator.
The Guild representative may be present during this discussion.
c. The mayrequest Employerurine and/or blood samples.
q p
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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 (uponPon 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 showositive results at/within the followinglimits on the GC/MS (gas
p
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: RESERVED
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COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 1 40
ARTICLE 20: DURATION
This agreement shall be effective until December 31, 2021. 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 rt.' day of APv1 I , 2019.
CITY OF FEDERAL WAY: FEDERAL WAY POLICE GUILD:
1Fer -II, Mayor Ri hard Guild Presi.ent
Approved as to form:
(Lt.../(
v K
City Attorney, J. Ryan Call
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APPENDIX A
WAGES
Police Officer:
Effective and retroactive to January 1, 2019 a 2.0% increase.
Step A Step B Step C Step D Step E
(0-12 mo.) (13-24 mo.) (25-36 mo.) (37-48 mo.) (48+)
$5515 $5791 $6287 $6816 $7398
Effective January 1, 2020 a 1.0% increase.
Step A Step B Step C Step D Step E
(0-12 mo.) (13-24 mo.) (25-36 mo.) (37-48 mo.) (48+)
$5570 $5849 $6350 $6884 $7472
Effective July 1, 2020 a 2.0% increase.
Step A Step B Step C Step D Step E
(0-12 mo.) (13-24 mo.) (25-36 mo.) (37-48 mo.) (48+)
$5681 $5966 $6477 $7022 $7621
Effective January 1, 2021 a 1.0 % increase.
Step A Step B Step C Step D Step E
(0-12 mo.) (13-24 mo.) (25-36 mo.) (37-48 mo.) (48+)
$5738 $6026 $6542 $7092 $7697
Effective July 1, 2021 a 2.0% increase.
Step A Step B Step C Step D Step E
(0-12 mo.) (13-24 mo.) (25-36 mo.) (37-48 mo.) (48+)
$5853 $6147 $6673 $7234 $7851
The Guild understands that former employees will not receive retroactive pay
pursuant to this Agreement.
DEFERRED COMPENSATION:
The City shall maintain a qualified deferred compensation program, requiring the
City to match monthly contributions made by bargaining unit employees up to a
maximum City contribution of two (2) percent of the employee's base rate of pay.
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COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page I 42
APPENDIX B
OVERVIEW FOR CAREER DEVELOPMENT PROGRAM
Item 0-5 years _ 6-10 years 11-15 years 16 year +
Career
Development 0%* 2.25% 4.25% 6.25%
Program
City Residency 1% 1% 1% 1%
0 2% 2% 2%
A. A. Degree 2%
Bachelor's 4% 4% 4% 4%
Degree
* 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 Master's Degree shall receive pay for a Bachelor's
Degree provided however that employees who have a Master's 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, 6-10 years, 11-15 years,
16 year+) he/she is currently at.
Officers must be off probation to receive Career Development Pay.
The maximum percentage that an employee may receive through the Career
Development Program is 10.25% including residency.
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An employee who is in the Career Development Program and establishes
residency in the City shall immediately begin receiving Career Development
Residency pay. An employee who is in the Career Development Program and
leaves residency in the City shall immediately cease receiving Career Development
Residency pay.
The percentages set forth above are calculated on and added to the base
rate.
Matrix Requirements (at least one of the following three):
1. Formal education (at least 2 credits) at an accredited college or
university, or
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 Instructdr, 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 2019-2021 Page I 44
APPENDIX C
CALLBACK OVERTIME
Home preparation time and travel time to & from work are not compensated. (The
only exception is for unexpected specialty callbacks as described below.)
Compensation for extra work begins at the start of the shift for which the employee
signed up, at the start of a pre-planned meeting, or at the scheduled start of another
planned event.
When an officer is unexpectedly called back for patrol coverage outside of regular
shift starting times:1
• For officers without a take home vehicle, overtime starts when the employee
arrives at the police station.
• For employees with take home vehicles, overtime starts when the officer is in
uniform, in their police vehicle, within the city limits, and calls in service.
For court appearances during an employee's normal time off, overtime starts at the
z first arrives at the FW
designated appearance time in court. If, however, the officer
g Pp
police station to get a police car, overtime includes travel time from FWPD to court.
Overtime continues until the employee is released from court and arrives back at
FWPD.
For specialty employees3 responding to an unexpected callback during their
normal off-duty hours, overtime starts at the time the employee gets the call
directing them to come to work. Pre-arrival time is capped at one hour. (One hour
prior to arrival or the actual commute time, whichever is less.) This applies the same
to all responding specialty employees, whether they go to the police station first or
travel directly to the scene.
Compensation for travel time specifically does not apply to:
• Regular work shifts
• Travel time home from work, no matter what the occasion or event
• Shift call-in or callback for patrol
• Any extra work to which the employee was assigned in advance (i.e., a
planned operation by CIS, a scheduled warrant service by SWAT, work teams
on July 4, etc.)
• Work for which the employee voluntarily signed-up (extra patrol shifts,
emphasis patrols, extra duty, etc.)
1 This includes occasions when CBA Article 8, Section 3 would normally apply.
2 This includes when an officer drives directly to court from home.
3 Applicable specialties include CIS, SWAT, BDU, MATT, and Total Station.
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COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 145
• Any pre-approved overtime (by definition, if something is pre-approved then it
isn't an unexpected callback, such as CIS case completion on a weekend)
• Training (as an instructor or student)
• RSO work
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APPENDIX D
DETECTIVES
Proposition Model: Adding 4 detectives
Day Shift 0600 — 1600 Swing Shift 1100 - 2100
Persons Unit 5 1
Property Unit 5 1
Family Unit 2 (new positions) 2 (new positions)
12 4
• Total of 16 detectives
• Modify a lieutenant schedule to cover Swing Shift hours
• Detectives will work Monday— Friday (Saturday's excluded)
• Detective can adjust schedule with supervisor approval — current practice
TRAFFIC UNIT
• Proposition Model: Adding 4 Traffic Officers (3 motorcycle and 1 car)
• Work Days: Monday— Saturday
• Hours: 0600 —2100
• Motorcycle Officers will work day light hours (some will be adjusted for Winter
and Summer seasons)
• Accident Cars will work Dayand SwingShift 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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