AG 19-181 - Lieutenants CBA RETURN TO. EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV:_ . L�f�R0.Y1 4 Q.C7CSl�r
ORIGINATING STAFF PERSON: M rti EXT: 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 A ENDMENT(AG#): ❑ INTERLOCAL
OTHER 1 J r t
PROJECT NAME: d o�V O� 1 1J1 SS b[ 1 (rYy p o- e(1 _
NAME OF CONTRACTOR:
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: �� g o I COMPLETION DATE: I-dI3l l oog
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 PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING G�r
❑ 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
P!�-LLAW DEPARTMENT Iriq/19
S J G`ATOIZ [ LL1 Celt uit DIRECTOR) �� 11-1
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516 N'E D C OP)' R ETU RNED DATE SENT:
;OMMENTS: cuo OWA Cc
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CITY OF FEDERAL WAY AND FEDERAL WAY
LIEUTENANT ASSOCIATION
Collective Bargaining Agreement
2019-2021
Table of Contents
ARTICLE 1: ASSOCIATION RECOGNITION AND MEMBERSHIP........................ 1
Section1. Recognition........................................................................................ 1
Section 2. Association Membership.................................................................... 1
Section3. Dues Deduction ................................................................................. 1
Section 4. List of Employees .............................................................................. 1
Section5. Hold Harmless................................................................................... 1
ARTICLE 2: MANAGEMENT RESPONSIBILITIES.................................................2
ARTICLE3: HOLIDAYS........................................................................................ .3
Section 1. Observed Holidays .................................................... .....3
Section2. Work on Holidays...............................................................................4
Section 3. Use of Banked Holiday Hours............................................................4
ARTICLE4: VACATION..................................................................................... . .. 5
Section 1. Vacation Accrual................................................................................ 5
Section2. Accrual...............................................................................................6
Section 3. Vacation Increments.......................................................................... 6
Section 4. Payment Upon Death ........................................................................ 6
Section 5. Forfeiture of Vacation ........................................................................ 6
Section 6. Vacation Scheduling ..........................................................................6
Section 7. Vacation Cash Out.............................................................................6
ARTICLE5: SICK LEAVE.......................................................................................7
Section1. LEOFF...............................................................................................7
Section2. Sick Leave Usage............................................................................ .7
Section 3. Washington Paid Sick Leave ............................................................. 7
Accrual .......................................................................................... . 8
CarryForward .................................................................................. 8
Verification of Absences Exceeding Three Days..............................8
Reinstatement of Employment .......................................................... 9
Retaliation Prohibited ....................................................................... 9
Section 4. Sick Leave Payment at Time of Retirement....................................... 9
Section 5. Industrial Insurance Leave................................................................. 9
Section 6. Family Care and Death.................................................................... 10
BereavementLeave ....................................................................... 10
Family Care Leave ......................................................................... 10
ImmediateFamily........................................................................... 10
Section 7. Statement of Physician .................................................................. . 10
Section8. Fitness for Duty......................................................................1......... 11
Section 9. Federal Way Community Center Membership................................. 11
Section10. FMLA Leave ............................................................................... .... 11
Section 11. Domestic Partner Requirements...................................................... 11
Section 12. Domestic Partner Benefits ............................................................... 11
Section 13 Alternate Duty/Early Return to Work................................................ 11
ARTICLE 6: WAGE RATES ................................................................................... 12
Section1. Wages.............................................................................................. 12
Section 2. Supervisory Training Incentive......................................................... 12
Section3. On-Call Pay ..................................................................................... 13
Section 4. Extra-Duty Pay................................................................................. 13
Section 5. Non-Pyramiding............................................................................... 13
ARTICLE7: HOURS OF WORK............................................................................ 13
Section1. Work Shifts ...................................................................................... 13
Section 2. Shift Bidding..................................................................................... 14
Section 3. Specialty Assignments..................................................................... 14
Section4. Shift Trades ..................................................................................... 14
Section5. Out of Class..................................................................................... 14
Section6. On-Call............................................................................................. 14
Section 7. Rotating Schedule ........................................................................... 14
ARTICLE 8: OVERTIME......................................................................................... 15
Section1. Definition.......................................................................................... 15
Section2. Supervision...................................................................................... 15
Section3. Callback........................................................................................... 15
Section4. 7(K) Exemption................................................................................ 16
Section 5. FLSA Provisions .............................................................................. 16
ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS ............. 16
Section1. Health Plan ...................................................................................... 16
Section 2. Supplemental Disability Insurance................................................... 17
Section3. HRA VEBA Plan .......................................................................... 17
ARTICLE 10:MISCELLANEOUS.............................................................................. 18
Section1. Take Home Cars.............................................................................. 18
Section 2. Auto Reimbursement....................................................................... 19
Section3. Appearances.................................................................................... 19
Section 4. Association Negotiating Committee................................................. 19
Section 5. Association Business....................................................................... 19
Section6. Bulletin Boards................................................................................. 20
Section 7. Damage of Personal Effects............................................................ 20
Section 8. Personnel Files................................................................................20
Section 9. Uniforms and Equipment ................................................................. 20
Dry-Cleaning ................................................................................. 20
Annual Allowance........................................................................... 21
Section10, Jury Duty.......................................................................................... 22
Section 11. Defense and Indemnification ...........................................................22
Section 12. Service Leave...................................................................................22
ARTICLE 11: PROHIBITED PRACTICES...............................................................23
ARTICLE 12: REDUCTION-IN-FORCE ..................................................................23
Section1. Layoff...............................................................................................23
Section2. Recall...............................................................................................23
ARTICLE 13: DISCIPLINARY INVESTIGATIONS ..................................................23
Section 1. Disciplinary Standards.....................................................................23
Section 2. Disciplinary Investigations................................................................23
ARTICLE 14. GRIEVANCE PROCEDURE.............................................................24
Section 1. Grievance Procedure Steps............................................................. 24
Section 2. Arbitration Panel .............................................................................. 26
Section3. Time Limits ...................................................................................... 27
Section 4. Multiple Procedures......................................................................... 27
Section5. Submission ...................................................................................... 27
Section 6. Just Cause Standard ....................................................................... 27
Section 7. Probationary Period .........................................................................27
Section 8. Parties to the Agreement.................................................................28
ARTICLE 15: NONDISCRIMINATION ....................................................................28
ARTICLE 16: DRUG TESTING...............................................................................28
Reasonable Suspicion.....................................................................29
Underthe Influence.........................................................................29
IllegalDrugs.....................................................................................29
Over-the-Counter Drugs.................................................................. 29
Prescription Drugs........................................................................... 30
Confirmatory Test........................................................................... 31
ARTICLE 17: SENIORITY....................................................................................... 31
ARTICLE18: SAVINGS CLAUSE........................................................................... 32
ARTICLE19: WAIVER CLAUSE............................................................................. 32
ARTICLE20: DURATION ....................................................................................... 32
APPENDIXA .......................................................................................................... 33
WAGES ......................................................................................................... 33
DEFERRED COMPENSATION:........................................................................... 33
CITY OF FEDERAL WAY AND FEDERAL WAY
POLICE LIEUTENANT ASSOCIATION
Collective Bargaining Agreement
PREAMBLE: The Federal Way Police Lieutenant Association ("Association")
and the City of Federal Way ("City") mutually recognize the importance of
ensuring the highest level of public service. The parties agree that it is of
paramount importance that they constantly and vigilantly work to further this
goal. The parties are dedicated to provide the best possible police protection
to the citizens of Federal Way, and have entered into this collective bargaining
agreement (the "Agreement") in a spirit of cooperation and collaboration in an
effort to further this goal.
ARTICLE 1: ASSOCIATION RECOGNITION AND MEMBERSHIP
Section 1. Recognition
The City recognizes the Association as the exclusive bargaining
representative for all employees in the bargaining unit as certified by the Public
Employment Relations Commission.
Section 2. Association Membership
All employees whose classification or job title is included in Article 1, Section
1 of this Agreement may voluntarily join the Association as a member.
Section 3. Dues Deduction
Upon receipt of written authorization individually signed by a bargaining unit
employee, the City shall deduct from the pay of such employee the amount of dues
and fees as certified by the secretary of the Association and shall transmit the same
to the Association within five business days of the issuance of pay checks. Such
authorization shall be terminable upon the employee providing both the City and the
Association 30 days' written notice.
Section 4. List of Em loyees
The City will transmit to the Association a current listing of all employees in
the bargaining unit within thirty (30) days of request for same but not to exceed twice
per calendar year. Such list shall include the name of the employee, position, and
salary.
Section 5. Hold Harmless
The Association will 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 a combination thereof, arising out of the City's faithful
compliance with the terms of this Article. In the event of any suit or proceeding
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 11
brought to invalidate this Article, the Association 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 Association shall be solely responsible for
any reimbursement.
ARTICLE 2: MANAGEMENT RESPONSIBILITIES
Section 1. The Association recognizes the right of the City to operate and
manage its affairs in all respects in accordance with its lawful authority. The City
retains the authority that the City has not expressly delegated or modified by this
Agreement.
Section 2. Management rights and responsibilities shall include, but are not
limited to, the following examples:
1. The City and the Department shall retain all rights and authority to
which by law they are entitled.
2. The City shall have the authority to organize and reorganize the
operations within the Department.
3. The Association recognizes the right of the Department to enforce the
Department Rules and Regulations, and operational procedures and
guidelines.
4. The City has the exclusive right to schedule work and overtime work as
required in the manner most advantageous to the City, consistent with
the applicable provisions of this Agreement.
5. The City has the right to assess an employee's performance of their
job.
6. The City has the right to:
a. discipline, suspend, and discharge non-probationary employees
for just cause. Scheduling of disciplinary days off will be at the
convenience of Department operations.
b to demote probationary employees for any reason. Employees
who are demoted before completing their probationary period
shall not have access to the grievance procedures of this
Agreement to protest or challenge the demotion, or the reasons
therefor.
C. to recruit, hire, promote, fill vacancies, transfer, assign, and
retain employees.
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 12
d. to lay off employees for lack of work or funds or other legitimate
reasons.
7. The City has the right to determine business hours, to determine the
starting and quitting times, and to discontinue work that would be
wasteful or unproductive.
8. The City has the right to control the Police Department budget.
9. The City has the right to determine the methods, location, means and
processes by which work shall be accomplished.
10. The City shall have the right to take any and all actions necessary in
the event of an emergency.
11. The City has the right to make work assignments, including moving
work from the Guild unit into this unit, and work from this unit into the
Guild unit.
Section 3. The parties recognize the City may perceive a need to make
operational changes in areas that are not covered by the above management
responsibilities. In the event the City desires to make such a change in a mandatory
subject of bargaining, the City shall give the Association at least ten (10) days' notice
of the desired change. The Association may request bargaining of the issue, and
the City thereafter will meet with the Association in an effort to resolve the issue.
Should resolution not be achieved, either party may request the assistance of a
PERC mediator. If mediation is unsuccessful within thirty (30) after a mediator is
assigned, the issue will expeditiously be taken to interest arbitration pursuant to the
standards contained in RCW 41.56.
ARTICLE 3: HOLIDAYS
Section 1. Observed Holidays
Beginning January 1 each year, the City shall bank (provide) one hundred
sixteen (116) hours of holiday pay for each bargaining unit employee for the
following observed holidays:
Commonly Called
First day of Janua New Year's Da
Third Monday of January Martin Luther King Day
_Third Monday of February President's Da
Last Monday of May Memorial Dav
Fourth day of July Independence Da
First Monday of September Labor Day
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 13
11 th Day of November Veteran's Da
Fourth Thursday of Thanksgiving Day
November
Friday following the fourth Day after Thanksgiving
Thursday in November
25th day of December Christmas Day
2 Floating Holiday
The Association will work with the City to minimize any overtime impact of the
additional holiday time being used before year end.
For employees hired after January 1 St in a given year, the City may prorate
the hours to be banked and shall bank (provide) the number of hours of holiday pay
calculated by multiplying the number of holidays remaining to be celebrated in that
year by eight (8) hours (e.g., for an employee hired on March 1 St, fifty-six (56) hours
calculated by multiplying the number of holidays remaining to be celebrated in that
year [seven (7)] by eight (8) hours); provided that the City shall not be required 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. If an employee permanently leaves the service of the employer before
December 31St of any given year, the City may deduct banked hours credited to the
employee's holiday pay bank equal to the number. of holidays remaining to be
celebrated in that year multiplied by eight (8) hours, as well as eight hours for the
floating holiday if the termination occurs prior to July 1St of that year. The additional
20 holiday hours will not be prorated, but will be a lump "sum added at the beginning
of the calendar year or upon commencement of employment.
Section 2. Work on Holidays
The decision of whether an employee will be required to work on an observed
holiday will be made by the City. Employees working on Thanksgiving Day,
Christmas, New Year's Day 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 31). Employees may use their
banked holiday hours in increments no smaller than two hours, and shall use all
banked holiday hours prior to using any vacation hours. Banked holiday hours shall
be used on a first earned, first out (FIFO) basis.
In the event an employee does not use all of his/her banked holiday hours
prior to December 31, the employee will forfeit the remaining banked holiday hours,
except that an employee may carryover unused banked holiday hours until June 30
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 14
of the following year, if:
a. the employee makes a reasonable effort to use his/her banked holiday
hours/pay, the employee is denied the opportunity to use banked
holiday hours/pay by his/her supervisor, and the employee has written
documentation of said effort in the form of completed Department
leave request forms reflecting that the use of banked holiday hours/pay
had been denied by the employee's supervisor, and/or
b. the employee was prevented from using banked holiday hours/pay
because of approved leave resulting from military service, long term
disability, work related injury, or a similar reason.
The City shall track employee use of banked holiday hours and, upon
request, the City shall provide employees and the Association with annual reports in
October of each year reflecting the amount of banked holiday hours/pay for each
bargaining unit employee.
ARTICLE 4: VACATION
Section 1. Vacation Accrual
Association members shall accrue vacation benefits while in pay status,
based upon their years with the city, as indicated in the following table:
Full Years of Service Annual
Leave
in Hours
Through end of Year 5 96
Upon beginning of Year 6 132
Upon beginning of Year 11 150
Upon beginning of Year 16 180
Upon beginning of Year 21 204
Upon beginning of Year 26 220
In the event the city agrees to a more favorable schedule with the Police
Guild the Association may, upon notice to the City, have such schedule made
applicable to lieutenants as well.
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 15
Section 2. Accrual
Employees shall accrue vacation benefits on a semi-monthly basis, consistent
with the City's payroll periods. Part time regular employees shall accrue vacation
leave in accordance with the vacation leave schedule set forth in Section 1 of this
Article, however, such accrual rates shall be prorated to reflect his/her normally
scheduled work week.
Section 3. Vacation Increments
Vacation may be used in two-hour increments at the discretion of the Chief or
his/her appointed designee.
Section 4. Payment Upon Death
In cases of separation by death, payment of unused vacation benefits shall be
made to the employee's estate, or in applicable cases, as provided by RCW, Title
11.
Section 5. Forfeiture of Vacation
The maximum total vacation accrual is two times the employee's annual
accrual rate.
All employees shall use all of their excess vacation accrual prior to December
31st, or forfeit the excess, provided, an employee's total vacation accrual may
exceed the maximum stated herein, upon request and with approval of the
Department and the City Manager, if cyclical workloads, work assignments or other
reasons as may be in the best interests of the City prevent the City from scheduling
the vacation.
Employees who leave City employment for any reason will be paid for their
unused vacation up to the maximum specified herein, except that employees who
become disabled in the line of duty and retire as a result thereof, shall be paid for all
unused accrued vacation in their account at the time of the termination of their
employment. Any employee who voluntarily leaves the department and does not
give the City two weeks' notice shall forfeit all unused vacation, unless such notice is
not reasonably possible.
Section 6. Vacation Scheduling
If the City cancels vacation once it has been approved and the affected
employee has incurred non-refundable expenses in planning for the same, the
employee shall be reimbursed by the City for those expenses. Any employee called
back to duty once vacation has begun shall be reimbursed for any additional
transportation costs incurred in returning to duty.
Section 7. Vacation Cash Out
Annually, each employee may elect to cash out forty (40) hours of accrued
vacation. An employee electing to cash out forty (40) hours of accrued vacation
must provide notice to HR no later than November 1. Payment for those employees
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 16
electing to cash out forty (40) hours of accrued vacation shall be made on the first
pay check in December.
ARTICLE 5: SICK LEAVE
Section 1. LEOFF
Sick leave benefits are accrued by employees based on their eligibility to
participate in either the LEOFF I or LEOFF II systems.
a. LEOFF I employees shall receive temporary disability payments in
accordance with state law.
b. LEOFF 11 employees shall earn 8 hours paid sick leave per month of
employment, up to a maximum of 1,040 hours.
Section 2. Sick Leave Usage
Accrued sick leave benefits may be used by an employee to avoid loss of pay
if the employee is unable to work due to personal illness or injury, enforced
quarantine in accordance with community health regulations, or the serious injury or
illness of an child of the employee with a health condition that requires treatment or
supervision, or for a spouse, domestic partner, parent, parent-in-law, or grandparent
of the employee who has a serious health condition or an emergency condition as
more particularly established in Chapter 296-130 of the Washington Administrative
Code (WAC). Sick leave benefits may be used in one half-hour increments.
Section 3. 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 Association members to care for their
health and the health of their family members.
Washington Paid Sick Leave may be used for: an employee's mental or
physical illness, injury or health condition; preventive care such as medical, dental or
optical appointments and/or treatment; care of a family member with an illness,
injury health condition and/or preventive care such as a medical, dental, optical
appointment; closure of the employee's place of business or child's school/place of
care by order of a public official for any health-related reasons; and when the
employee or the employee's family member is a victim of domestic violence, sexual
assault, or stalking.
Authorized use of Washington Paid Sick Leave for domestic violence, sexual
assault or stalking includes: seeking legal or law enforcement assistance or
remedies to ensure the health and safety of employee's and their family members
including, but not limited to, preparing for, or participating in, any civil or criminal
legal proceeding related to or derived from domestic violence, sexual assault or
stalking; seeking treatment by a health care provider for physical or mental injuries
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 17
caused by domestic violence, sexual assault, or stalking; attending health care
treatment for a victim who is the employee's family member; obtaining, or assisting
the employee's family member(s) in obtaining, services from a domestic violence
shelter, a rape crisis center, or a social services program for relief from domestic
violence, sexual assault or stalking; obtaining, or assisting a family member in
obtaining, mental health counseling related to an incident of domestic violence,
sexual assault or stalking in which the employee or the employee's family member
was a victim of domestic violence, sexual assault or stalking; and, participating, for
the employee or for the employee's family member(s), in safety planning, or
temporary or permanent relocation, or other actions to increase the safety from
future incidents of domestic violence, sexual assault, or stalking.
For purposes of Washington Paid Sick Leave, "family member" is defined as:
a biological, adopted, or foster child, stepchild, or a child to whom the employee
stands in loco parentis or legal guardian, or is a de facto parent, regardless of age or
dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or
legal guardian of an employee or the employee's spouse or domestic partner, or a
person who stood in loco parentis when the employee was a minor child; a spouse,
domestic partner, grandparent, grandchild or sibling.
Accrual
As established by law, an employee shall accrue one (1) hour of Washington
Paid Sick Leave for every forty (40) hours worked. Washington Paid Sick Leave will
accrue in conjunction with regular sick leave according to the collective bargaining
agreement.
Carry Forward
The total sick leave hours that will be carried forward at year-end, for both
standard sick leave and Washington Paid Sick Leave, will be one thousand eighty
(1,080) hours. This will include a maximum of forty (40) hours of Washington Paid
Sick Leave as provided by law. If an employee is not at the maximum carry forward
of one thousand eighty (1,080) hours, any hours of Washington Paid Sick Leave in
excess of the forty (40) hour carry forward amount will be transferred to the City sick
leave bank, so that the employee does not lose hours that they previously would
have banked prior to the establishment of Washington Paid Sick Leave. In no case
will more than a combined total of one thousand eighty (1,080) hours be carried
forward.
Verification of Absences Exceeding Three Days
If an employee is seeking to use or has used Washington paid Sick Leave for
authorized purposes or 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.
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 18
Reinstatement of Em la rnent
Employees separating or retiring from employment will not be provided with
financial or other reimbursement for unused, accrued Washington State Paid Sick
Leave. If an employee leaves employment and is rehired within twelve (12) months
of separation, any accrued, unused paid sick leave will be reinstated to the
employee's paid sick leave bank. Should the reinstatement occur in a new fiscal
year, the maximum bank will be the forty (40) hours carry over provided that the
employee had forty (40) or more hours banked upon separation.
Retaliation Prohibited
Pursuant to Chapter 296-128-770 of the WAC, any discrimination or
retaliation against an employee for lawful exercise of paid sick leave rights is
prohibited. Employees will not be disciplined for the lawful use of Washington Paid
Sick Leave.
Section 4. 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 cap of two hundred seventy
(270) hours. See HRA VEBA Article 9, Section 4b.
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 5. Industrial Insurance Leave
If the state grants industrial insurance benefits, the Lieutenant will remain fully
compensated under the City's "kept on salary" program ("Program"). The Program
will continue the full salary without deducting any leave for thirty (30) days. In the
event the Lieutenant cannot return to work on the thirty-first (31S) day, the
Lieutenant 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. Lieutenants cannot use
sick leave and receive worker's compensation at the same time, because this results
in "double payment". Lieutenants must use the time loss money from worker's
compensation to "buy back" the sick leave used. Compensatory time cannot be
bought back. "Buy back" for vacation leave is optional. Since worker's
compensation only pays a percentage of full wages, a Lieutenant can only "buy
back" a percentage of the leave used with that money, however, the Lieutenant will
not suffer the income loss that occurs when he/she only receives worker's
LIEUTENANT ASSOCIATION
COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 19
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
Lieutenant's hourly rate and the amount of worker's compensation time loss
received, payroll will determine the amount of leave to be bought back. Payroll will
notify the Lieutenant when all available sick leave and/or vacation leave has been
used, and then the employee will keep additional worker's compensation time loss
payments until he/she is able to return to work. The City will continue to pay its
portion of health insurance premiums for up to a total of six 6) months while a
Lieutenant is on "kept on salary" and subsequently receiving workers' compensation
time loss payment.
A Lieutenant who has been away from work due to an injury may not return to
work without a written statement from the appropriate medical personnel stating the
Lieutenant is able to resume his/her job duties, or specifying limits on duties which
can be performed.
Section 6. Family Care and Death
a. Bereavement Leave
Regular, full time employees shall be entitled to three (3) days (30
hours) of bereavement leave due to death of a member of the
employee's immediate family or domestic partner. Regular, full time
employees, who have exhausted their bereavement leave, shall be
entitled to use sick leave in the amount of up to three (3) days (30
hours) when death occurs to a member of the employee's immediate
family or domestic partner. 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 or domestic partner.
b. Family Care Leave
Employees may use sick leave for family care purposes in accordance
with state law and the City's Employee Guideline.
C. Immediate Family
Immediate family is construed to mean persons related by blood or
marriage to an employee as follows: grandmother, grandfather,
mother, father, step parents, husband, wife, son, daughter, step
children, legally adopted child, brother, sister, and grandchildren.
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 a lieutenant has been released to return to duty, and for FMLA related
compliance.
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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.
Section 9. Federal Way COMML111ity Center Membership
Union members will be eligible to participate in the Federal Way Community
Center's employee discount program as outlined in the Employee Guidelines.
Section 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 upon a rolling twelve (12)
month period.
Section 11. Domestic Partner Requirements
In order to constitute a domestic partner under this agreement an employee
must sign an affidavit stating that both parties are:
a. Not related by blood closer than would bar marriage in Washington
State.
b. Not married to another or in any other domestic/civil partnership.
C. 18 years of age.
d. Competent to contract when the domestic partnership began.
e. Declare each other's sole domestic partner.
f. Currently share primary residence/mutual support/intend indefinitely.
g. Have an intimate, committed, and exclusive relationship.
h. Of the same sex and/or opposite sex and responsible for each other's
common welfare.
Section 12. Domestic Partner Benefits
A person whom a Lieutenant identifies as his or her domestic partner by
completing an Affidavit of Domestic Partner will be provided the same consideration
as an employee's "spouse" for purposes of this agreement.
Section 13. Alternate Duty/Early Return to Work
The City recognizes the value of trained lieutenants and, therefore, offers the
Alternate Duty/Early Return to Work Program in accordance with the Employee
Guidelines to all injured employees, whether injured on-duty or off. The City will
work in good faith with the attending physician to return the employee to work as
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soon as possible or to provide alternative work for a maximum of six months. If, at
the expiration of the six months, the attending physician determines that the
employee will be able to perform the essential functions or duties of the job within a
reasonable time period, the City will continue to work with the lieutenant to provide
reasonable accommodation.
ARTICLE 6: WAGE RATES
Section 1. Wanes
The linkage of twenty-two percent (22%) between the top step of base pay
(excluding Career Development) ("Top Step") of the police officer in the Guild
contract and the first step of pay for Lieutenants (the "Differential Formula") is
intended to provide stability and avoid potential compression. Throughout the term of
this Agreement, the Lieutenants will receive a pay adjustment whenever there is a
change in the Top Step in the Guild bargaining agreement. The pay adjustment shall
occur at the same time that the Guild adjustment to the Top Step is effective. While
each party reserves the right to seek a change in the Differential Formula in future
negotiations, any such change will require the party proposing it to have a
compelling basis for making the change. In the event negotiations between the
parties to this Agreement extend into the year following the contract expiration date
of this Agreement, the Lieutenants will not receive any change required by the
Differential Formula until a new Agreement is in place. For example, this Agreement
expires on December 31, 2021. In the event the Guild receives an increase of X
percent on January 1, 2022, and the parties are still negotiating their new
agreement, no additional pay will be received by the Lieutenants until the contract
negotiations are complete. At that time, assuming no change is agreed to in wages
by the City and the Lieutenants Association, the Lieutenants shall receive an
increase of X percent (as provided in the Differential Formula) retroactive to January
1.
The wage adjustments for 2019 are retroactive to January 1, 2019, and apply
to currently employed Lieutenants as of ratification. Wage rate shall be as specified
in Appendix A.
Section 2. Supervisory Training Incentive
A lieutenant will receive a one-time payment of $250 upon completion of the
first level supervisory certificate. A lieutenant will be eligible to receive an additional
one-time payment of $250 upon completion of 72 hours of approved elective
supervisory and management classes taken within a three year period. If a
lieutenant makes a good faith effort to meet the goal during the three year period,
but is unable to do so as a result of reasonable training requests being denied
(funding, for operational reasons, etc.) the time period for obtaining the additional
hours will be extended one year.
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Section 3. On-Call Pa
Effective the first pay period following ratification of the Agreement,
lieutenants assigned to the Criminal Investigations Section, the Traffic/MATT Unit,
SWAT and the Bomb Unit shall receive an additional five (5) percent of the top step
wage rate per month as on call pay. The higher percentage rate is due to the more
frequent rotation.
Section 4. Extra-Duty Pay
Field Training Officer Program (FTO) Lieutenant shall receive five (5) percent
pay as the program administrator. When assigned by the department, an additional
FTO Lieutenant will be added and shall receive an additional three (3) percent while
fulfilling that role. The lieutenant assigned as the program administrator for the
Force Training Unit shall receive an additional five (5) percent of the top step wage
rate per month.
Section 5. Non-Pyramiding
On-call pay and/or extra duty pay shall not be duplicated or pyramided.
ARTICLE 7: HOURS OF WORK
Section 1. Work Shifts
a. (i) The Patrol Division Lieutenants will continue to work a 4/10 schedule.
Shift starting hours will be determined from time to time by the City.
There will be one Lieutenant assigned to each patrol squad.
a. (ii) Detective Lieutenants will work a 4/10 schedule with either Mondays or
Fridays off. In the event of court appearances or operational needs of
the Police Department, the City may adjust the shifts and work days of
Detective Lieutenants to minimize overtime expenses to the City.
Normal work hours will be from 0700-1700. Detective Lieutenants will
be authorized to work a traditional 5/8 schedule upon request. Except
for the rotating on-call detective assignment, if the City determines to
have individual schedules for detectives that do not have weekends
off, the City will initially request volunteers and then make the
assignment by inverse seniority if there are insufficient volunteers.
Lieutenants will continue to flex their time when reasonably possible so
as to minimize overtime.
a. (iii) The Traffic, Contract Services, and Administrative Lieutenants will
work a 4/10 schedule. In the event of court appearances or
operational needs of the Police Department, the City may adjust the
shifts and work days of these Lieutenants to minimize overtime
expenses to the City. These Lieutenants will be authorized to work a
traditional 5/8 schedule upon request.
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b. Reopener The parties agree that the City may reopen the issue of
shift scheduling with the Association. Any such bargaining will be
handled on an expedited basis. After 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.
C. The normal workday shall be inclusive of the thirty minute lunch period
for all members of the bargaining unit. Lieutenants in investigations
will flex their schedules so as to minimize the impact on the City.
Section 2. Shift Bidding
Lieutenants assigned to the patrol function will bid annually for their work shift
and days off based upon their seniority. The bid will be conducted electronically
through Department email. It will be open for seven days. After all bids are
submitted the Association may waive the 7-day requirement.
The City may move a lieutenant during the year, or after reviewing the bid
results, based upon reasonable necessity. A reasonable necessity would involve a
change made by the City due to legal concerns. In the event the change will be for
more than four (4) months, the Association may request a rebid of positions.
Section 3. Specialty Assignments
The assignment of employees to specialty units shall be made by the City.
Section 4. Shift Trades
With management approval, shift trades may be made, upon request of the
employee. Under no circumstances will a shift trade result in the payment of
contractual overtime, or have any other additional cost to the City.
Section 5. Out of Class
A lieutenant assigned by the City to perform work out of class (i.e.- as a
commander) will receive a seven percent (7%) increase for those hours spent as
performing those duties.
Section 6. On-Call
Employees who are on-call pursuant to an on-call schedule authorized by
this section shall carry a City provided pager or be reachable by telephone, and shall
generally respond within one (1) hour. Employees who are on-call shall also be
provided a City vehicle for commute purposes during all periods that the employee is
subject to call-back.
Section 7. Rotating Schedule
Lieutenants assigned to the Criminal Investigations Sections may be placed
on a rotating, on-call schedule. The schedule and procedures for assigning
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lieutenants to on-call duties will be consistent with current practice.
ARTICLE 8: OVERTIME
Section 1. Definition
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 2. Supervision
A. In the absence of a patrol lieutenant for a shift, the supervision of that
patrol squad will be assigned in this priority, based on the conditions
described:
1. When a field operations specialty lieutenant is on duty, that
lieutenant will be assigned to supervise the patrol squad, if
available.
2. When there is no field operations lieutenant available, supervision
may be conducted by another lieutenant on overtime. When there
is sufficient advance notice that an absence under these conditions
will occur, an announcement will be sent to all lieutenants via
department email seeking a lieutenant to volunteer for the overtime.
a. Generally the supervision will be granted first come,
first served.
3. If no lieutenant volunteers to fill an overtime vacancy, a corporal
may be used to supervise the squad.
B. Time off requests will not be denied solely due to a commander not being
on duty. t
Section 3. Callback
Any employee called back after finishing his/her regular shift, or called to
report on his/her day off for any reason (including being called into court on matters
arising directly from the lieutenant's employment as a police lieutenant), shall be
guaranteed three (3) hours pay at one and one-half (1-1/2) times his/her regular
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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 a lieutenant is called back to work within a three (3) hour period
immediately preceding his/her regular shift, he/she shall be entitled to
pay at one and one-half (1-1/2) times his/her regular straight-time
hourly rate of pay from the time of appearance to the time his/her
regularly scheduled shift begins, whatever that period of time shall be.
b. All court time accumulated which begins when a lieutenant is on duty
and extends past his/her regular shift, shall be compensated at one
and one-half (1-1/2) times the regular straight-time hourly rate of pay
for the period following the regular duty shift.
C. In the event an lieutenant is given less than twelve (12) hours' notice of
cancellation of a scheduled off-duty court appearance, he/she shall be
entitled to two (2) hours pay at one and one-half (1-1/2) times their
regular straight-time hourly rate of pay. Notice of cancellation will first
be attempted by direct phone message. If no contact is made, a
message to voice mail (either at home or the Department) indicating
time and date of message shall suffice as notification.
Section 4. 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 5. FLSA Provisions
The City will comply with the hours of work provisions of the FLSA regarding
the determination of compensable time.
ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS
Section 1. Health Plan
The Employer shall provide LEOFF I employees such coverage as is
mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters
Retirement System Laws of 1969, as revised. For LEOFF II employees the
coverage shall be as follows:
a. (i) Medical Plan. 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
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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). There will be a Plan A and a Plan B or
both the PPO and HMO Plan.
a. (ii) In the event the City agrees in bargaining to increase the deductible
reimbursement for the Guild, the change shall be applicable to the
Lieutenants (instead of the $100/$300).
a. (iii) The City may add an option for a High Deductible plan.
a. (iv) Every year as part of the Wellness Program, a Lieutenant and
spouse/partner (if covered under the plan) must complete the Health
Screening Questionnaire, the Biometric Screening, and participate in
the City's wellness program meeting the established criteria by
October 31 of each year in order to be eligible for Plan A in the
succeeding year.
a. (v) Refusal to participate in the wellness program or failure to meet the
wellness requirement by a Lieutenant and/or covered spouse/partner
will result in coverage under Plan B, but shall not otherwise impact the
status of the Lieutenant at the City.
b. Dental and Vision Plans. The Employer shall provide Group Dental
Plan equivalent to the AWC Plan F for LEOFF I dependents and
LEOFF II employees and their dependents. The Employer shall
provide Group Vision Plan to the employees and their dependents.
C. Other. The life insurance benefit shall be one (1) time's annual salary
to a maximum of $110,000. Additionally, the Employer agrees to a
section 125 plan to allow for pretax payment of employee insurance
co-pays by the employee.
Section 2. Supplemental Disability Insurance
The City shall continue to provide supplemental coverage. The Association
may elect to have a LEOFF II 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 Association. Participation shall be a condition
of employment for all LEOFF II employees. Other than payroll deduction, the City
shall have no responsibility for administration of this benefit.
Section3. HRA VERA 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)
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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. The City will not make contributions to the HRA VEBA Plan.
a. 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.
b. Sick Leave Cash Out — Contributions shall include 100% of the cash-out
value of all unused sick leave accrued and available for cash-out upon
retirement from services into LEOFF to the maximum pursuant to Article 5,
Section 4a.
ARTICLE 10: MISCELLANEOUS
Section 1. Take Home Cars
A take home car program will be established for the Lieutenants. Unless
earlier terminated pursuant to the terms of this Agreement, the Program will continue
for the duration of this Agreement.
a. The cost of this program in the initial year (2016) is not to exceed
$25,000 and the ongoing costs of this program will not exceed $15,000
per year.
b. Staff will monitor the actual impacts to the budget to determine if the
take home car program is sustainable. The determination of whether
the program is sustainable will be based upon program costs
remaining under the financial limits, or a determination that the
program has an adverse impact on the operations of the department
and/or City. If the City determines that it is not sustainable, the first
step will be to address the issues through labor management
meetings. If it can't be resolved there, it will be addressed through
bargaining via a re-opener on take home cars.
C. Secondary vehicles will be used to increase the number of vehicles
available to Lieutenants who would not normally be assigned a vehicle
based on assignment. No new vehicles will be purchased for the
startup of this program. The number of primary vehicles assigned to
Lieutenants will be made by the City.
d. If a secondary vehicle is lost due to damage or because it is too costly
to maintain (as determined by the City), that vehicle will not be
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replaced early. Rather, the car will be unavailable until a new
secondary vehicle becomes available in the regular course of the fleet
maintenance/rotation. Regular maintenance will be continued on
secondary vehicles.
e. All relevant MOS sections apply including 40.1.3.
f. Mileage limit of a 25 mile radius from City Hall. All 13 current
Lieutenants are eligible for a take home car regardless of assignment.
If a current Lieutenant moves outside of this mileage restriction and
they are not in an on-call assignment, they will be assigned a vehicle to
be parked at an agreed upon secure location within the established
boundary, i.e. another police/fire station. Any Lieutenants promoted
after the effective date of this contract (01/01/2015) are not
grandfathered in and subject to the mileage restriction The mileage
radius applies only to cars authorized under this program, not to cars
assigned for other reasons by the department (e.g. on call
assignment).
g The department retains the right to assign particular vehicles to
particular Lieutenants based on the department's operational needs.
h. The parties will work together in Labor Management to resolve issues
or concerns with the program.
Section 2. Auto Reimbursement
All employees who have been authorized to use their own transportation on
City business shall be reimbursed ' for actual mileage at the then current
reimbursement recognized by the Internal Revenue Service.
Section 3. Appearances Before the Civil Service Commission, PERC
or Labor Arbitrators
Employees who are requested by the City to attend proceedings before the
Civil Service Commission, PERC, or labor arbitration may attend without loss of pay.
Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be
allowed to testify without loss of pay only during the time of their testimony. The
parties will cooperate in scheduling such witnesses so as to minimize any disruption
to the Department.
Section 4. Association Negotiating Committee
Up to three employees who serve on the Association Negotiating Committee
shall be allowed time off from duty to attend negotiating meetings with the City.
Section 5. Association Business
The Department shall afford Association representatives a reasonable
amount of time while on-duty to consult with appropriate management officials,
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and/or aggrieved employees, provided that the Association representatives and/or
aggrieved employees contact their immediate supervisors, indicate the general
nature of the business to be conducted, and request the necessary time off. Such
time off will not be allowed whenever the City reasonably determines it will interfere
with Department operations and Association representatives shall not use excessive
time in handling such responsibilities. The Association shall give the City as much
advance notice as reasonably possible of such time off requests.
Section 6. Bulletin Boards
The City shall permit the use of a bulletin board by the Association for the
posting of notices relating to official Association business, so long as the matters
posted are not inflammatory or otherwise detrimental to the operations of the
Department.
Section 7. Damage of Personal Effects
Employees, who in the line of duty suffer damage to personal property and/or
clothing, will have same repaired or replaced at Department expense. Damage
caused by ordinary wear and.tear will not be covered, and replacement will be
limited to personal effects of regular and ordinary value (i.e.-no Rolex watches).
Section 8. Personnel Files
Employees shall have access to complete copies of their personnel files at any
reasonable time. The employee may request removal of material that he/she believes
is erroneous or irrelevant. If the employee does not agree with the City's decision,
he/she may prepare a statement responding to or supplementing the material in the
file, and that statement will be placed in the file. Employees may request that written
reprimands be expunged from personnel files after a minimum period of three years if
there is no recurrence of similar misconduct for which the employee was disciplined
during that period. Employees may request that records of more serious discipline be
expunged from personnel files after a minimum period of five years if there is no
recurrence of similar misconduct for which the employee was disciplined during that
period. Requests for the expunging of disciplinary references in personnel files,
pursuant to this section, shall not be unreasonably denied. In making this
determination a factor the Chief may consider is that the Lieutenant is in a supervisory
position. Nothing in this section shall be construed as requiring the City to destroy any
employment records necessary to the City's case if it is engaged in litigation in any way
related to that employee's employment at the time those records would otherwise be
destroyed.
Section 9. Uniforms and Equipment
All commissioned lieutenants shall be furnished all required uniforms and
equipment.
a. Dry-Cleaning
Uniforms shall be dry-cleaned at the City's expense as necessary.
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b. 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.
• Lieutenants assigned to the Criminal Investigations Section
property crimes or crimes against persons units and the
Administrative Lieutenant 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 Lieutenants 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 Lieutenants.
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 the Association 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
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Mini-flashlight
Mini-flashlight pouch/holder
Key Holder
Latex glove holder
Radio earpiece
• Folding knife (no more than 4" blade length)
Patrol bag/Carry case
• External Armor Carrier (see MOS 41.35D External Body Armor Specs)
• Suspenders for duty belt
Holsters (must comply with department specifications for either uniform
or plain clothes on-duty use)
Firearms (must comply with department specifications for either
uniform or plain clothes on-duty use)
Sights for firearms (must comply with department specifications for
either uniform or plain clothes on-duty use)
Section 10. Jury Duty
An employee required by law to serve on jury duty shall continue to receive
salary for up to eighty (80) hours for each separate occasion the employee is
required to serve, shall be relieved of regular duties, and assigned to day shift for the
period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the
Court for jury duty shall be forwarded to the City. The City shall have the right to
request the court to excuse the employee from any or all jury duty if there are
circumstances that would make the absence of the employee an undue hardship on
the City or other personnel.
When an employee is notified to serve on jury duty, he/she will inform his/her
immediate supervisor as soon as possible, but not later than two weeks in advance,
regarding the dates of absence from regular duties.
Lieutenants who have time remaining on their shift at the time of release or
dismissal from jury duty shall immediately contact their supervisor to determine
whether they should report for duty.
Section 11. Defense and Indemnification
The City shall provide legal defense and indemnification pursuant to the City
Code.
Section 12. Service Leave.
Members will be provided a one-time accrual of 40 hours (pro-rated for
regular part-time employees) of vacation leave after each consecutive 10 year
period of continuous employment at the City (i.e. after 10 years, 20 years, 30 years,
etc.).
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ARTICLE 11: PROHIBITED PRACTICES
Section 1. Neither the Association nor the City shall initiate, authorize, or
participate in any strike, work stoppage, work slow-down, lock-outs, or any other
organized effort that interferes with the efficient operation of the Department.
Section 2. Employees covered by this Agreement who engage in any of the
actions prohibited in Section 1 above shall be subject to such disciplinary actions as
may be determined, up to and including discharge and termination, by the City. The
Association agrees that the level of any such disciplinary action issued by the City
shall be final and binding, and in no case be construed as a violation by the City of
any provision of this Agreement.
ARTICLE 12: REDUCTION-IN-FORCE
Section 1. Layoff
Employee layoffs shall be made on the basis of job performance and
seniority. Absent significant and material distinctions in job performance, the
employee with the least amount of seniority shall be laid off first. Relative job
performance shall be determined on the basis of qualifications and job performance
evaluations.
Section 2. Recall
Employees laid off in accordance with the provisions of this Article will be
offered reinstatement into future vacancies of the same classification in the inverse
order of layoff, for a period of one year from the date of layoff. An employee that has
been laid off must keep the City informed of their current address and phone
number. An employee who fails to report for duty within three days of being recalled
(or commits to return within three days, even though he/she cannot actually return
for up to two calendar weeks due to the requirement to give notice to an interim
employer), or who rejects an opportunity for reinstatement, shall be removed from
the recall list.
ARTICLE 13: DISCIPLINARY INVESTIGATIONS
Section 1. Disciplinary Standards
No employee shall be subject to discipline except for just cause. An
employee who engages in off-duty misconduct may be subject to discipline when:
(1) the off-duty misconduct, if known, would harm the City's reputation in the
community; (2) the off-duty conduct materially affects the employer's business
operation; or (3) the conduct is inconsistent with the office that the police lieutenant
holds.
Section 2. Disciplinary Investigations
In criminal matters, an employee shall be afforded those constitutional rights
available to any citizen. In administrative matters relating to job performance, the
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following guidelines shall be follows:
a. "Interrogation" as used herein shall mean any questioning by an agent
of the City who is conducting an investigation (as opposed to a routine
inquiry) of the employee being interrogated, when the agent knows (or
reasonably should know) that the questioning could result in employee
discipline.
b. Before interrogation, the employee shall be informed of the nature of
the matter in sufficient detail to reasonably apprise him/her of the
matter. Nothing herein shall operate as a waiver of the Association's
right to request bargaining information.
c. Any interrogation of an employee shall be at a reasonable hour,
preferably when the employee is on duty, unless the exigencies of the
investigation dictate otherwise.
d. Any interrogation shall take place at the City Police Department,
except when impractical. The employee shall be advised of their right
to and shall be allowed that Association representation to the extent
allowed by the law.
e. The questioning shall not be overly long and the employee shall be
entitled to such intermissions as are reasonably necessary.
f. The employee shall not be subjected to any offensive language or
abusive questioning, nor shall he/she be threatened with dismissal,
transfer or other disciplinary punishment as a guise to attempt to obtain
his/her resignation.
g. The Employer shall not require any employee covered by this
Agreement to take or be subjected to a lie detector test as a condition
of continued employment. Nor shall polygraph evidence of any kind be
admissible in disciplinary proceedings, except by stipulation of the
parties to this Agreement.
h. The Department may, and upon request will, tape record any
interrogation. Upon request, a copy of the tape/transcript (if made) will
be provided to the lieutenant.
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
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settled in the manner prescribed by this grievance procedure.
b. A "Grievance" is defined as a claim or dispute by an employee, group
of employees, or the Association concerning the interpretation or
application of the provisions of this Agreement. Nothing in this
procedure shall prohibit an employee from discussing a complaint
directly with his supervisor or department head without representation
by the Association, as provided by State Law.
C. Should a subject for claim or dispute arise, there shall be no stoppage
of work by employees, but an earnest effort shall be made to settle
such claims or disputes promptly and in the manner hereinafter
outlined.
Step 1
An employee or a group of employees claiming to have a grievance
shall discuss the complaint with the immediate supervisor within ten (10)
calendar days of the alleged occurrence, or when they reasonably should
have known of the alleged occurrence.
Step 2
The supervisor shall attempt informal resolution of the grievance within
seven (7) calendar days after it is presented.
Step 3
Provided the grievance is not settled satisfactorily at step 2, it may be
presented to the Police Chief (or designee) by the Association within seven
(7) calendar days of the supervisor's response or the expiration of the time
limit in step 2. The submission shall be in writing, setting forth the nature of
the grievance, the articles of this agreement allegedly violated, and the
requested remedy.
Step 4
The Police Chief or designee shall attempt to settle the grievance
within ten (10) calendar days after it has been presented, and shall respond in
writing.
Step 5
If the grievance is not settled by the Police Chief within the time
allowed, it may be presented in writing to the City Manager, with a copy to the
Director of Human Resources, by the Association within seven (7) calendar
days of the Police Chief's response or the expiration of the time limit in step 4.
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,
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and shall not be forfeited by either party.
Step 7
a. If the grievance is not settled at Step 6, and involves a matter
other than discipline, the dispute will be referred to the
negotiating committee of both parties. The two committees
shall meet within ten (10) calendar days to consider the dispute.
At that meeting, all pertinent facts and information will be
reviewed in an effort to resolve the matter through conciliation.
If no satisfactory solution is reached in this step, the matter may
be submitted in writing to arbitration within 30 calendar days of
the conciliation meeting.
b. If the grievance is not settled at Step 6 and involves discipline
other than an oral or written warning, the matter may be
submitted, in writing, to arbitration within thirty (30) calendar
days of the date that the City Manager's review is due. Oral and
written warnings may only be grieved through step 6 of this
procedure. However, if the City attempts to introduce prior oral
or written warnings in a subsequent discipline case that is
subject to arbitration, the City shall be required to prove that it
had just cause to issue those prior oral or written warnings as
well as the instant discipline.
Section 2. Arbitration Panel
The City and the Association shall try to agree upon a mutually acceptable
arbiter. If the parties fail to agree, they shall request a list of seven (7) arbiters from
the Federal Mediation and Conciliation Service, with all arbiters being members of
the National Academy of Arbitrators. The parties shall alternatively strike from the list
until only one name remains. The decision of the Arbitrator shall be final and binding
on the parties.
a The Arbitrator shall make his/her own rules of procedure. The
Arbitrator shall have no authority to amend, alter, or modify this
Agreement or its terms, and shall limit his/her decision solely to the
interpretation and application of this Agreement.
b. Each grievance or dispute will be submitted separately except when
the City and the Lieutenant Association mutually agree to have more
than one grievance or dispute submitted to the Arbitrator.
C. The losing party shall bear the expense of the Arbitrator. The losing
party shall be denominated in the award. When there is no winning
party, the cost of the Arbiter shall be borne equally by the parties. All
other costs and expenses will be paid by the party incurring them,
including costs of representation.
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d. The Arbitrator shall have thirty (30) days from the close of the hearing
to issue an award.
Section 3. Time Limits
Time limits will be strictly adhered to, but may be extended by mutual written
agreement upon reasonable request, except for situations where no timely grievance
is filed. While forfeiture under this clause will finally resolve the matter in dispute, it
will not establish a precedent between the parties on issues of contractual
interpretation.
Section 4. Multiple Procedures
In the case of disciplinary actions, both appealable to the Civil Service
Commission and grievable under the terms of this contract, a written election of
remedies shall be made after receipt of the Step 6 response. An employee may
elect to either pursue an appeal to the Civil Service Commission or continue with the
contractual grievance procedure, but not both. If mutually agreed, time limits will be
extended 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 Carse Standard
No employee may be discharged, suspended without pay, demoted (except
as provided below) or disciplined in any way except for just cause. The City may
withhold a step increase, for a specified period of time, if it has just cause.
Section 7. Probationary Period
All newly promoted employees must serve a probationary period. The
probationary period upon promotion shall be one year from the date of appointment.
The probationary period shall be extended for the number of work days equal to the
number of work days an employee was absent in excess of 10 work days during the
probationary period; provided that the taking of scheduled and approved vacation
shall not be counted toward the ten day period for promotional probationers. The
probationary period is an extension of the promotional process; therefore, the
provisions of this Article will not apply to employees if they are demoted during the
promotional probationary period for not meeting the requirements of the
classification. Grievances brought by probationary employees involving issues other
than demotion may be processed in accordance with this Article.
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Section 8. Parties to the Agreement
In as much as this is an agreement between the City and the Association, no
individual employee may make use of the provisions of this Article, except as
expressly provided above.
ARTICLE 15: NONDISCRIMINATION
The Employer and the Association shall not unlawfully discriminate against
any individual with respect to compensation, terms, conditions, or privileges of
employment because of race, color, religion, national origin, age, sex, or disability.
Claims of unlawful discrimination shall not be processed in accordance with the
grievance procedure denominated herein.
The Employer and the Association agree that they will cooperate in complying
with the Americans with Disabilities Act.
ARTICLE 16: DRUG TESTING
Section 1. Reporting to work under the influence of alcohol and/or illegal
drugs, or the use, sale, or possession by an employee of illegal drugs is strictly
prohibited and will result in disciplinary action, including immediate termination. For the
purpose of this policy, substances that require a prescription or other written approval
from a licensed physician or dentist for their use shall also be included when used other
than as prescribed. Each employee must advise the Employer if they are using
prescription or other over-the-counter drugs they know or reasonably should know may
impair their ability to perform job functions and/or operate machinery such as
automobiles. Under appropriate circumstances the Employer may request the
employee to provide written medical authorization from a physician to perform various
essential job functions while using such drugs.
Any voluntary request by an employee for assistance with his/her own alcohol
abuse problem will remain confidential and shall not be used as the basis for any
disciplinary action provided that the request for assistance is initiated prior to being
identified as impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is
to enforce the criminal laws. Moreover, the parties recognize the courts have held it
would substantially impair law enforcement agencies if they were required to employ
individuals within their ranks who have violated the very laws said agencies are charged
with enforcing. Therefore, the Employer reserves the right to refuse to employ or
continue the employment of individuals who are or have been engaged in serious
criminal conduct, whether drug related or not.
Section 2. Where a supervisory employee of the City has a reasonable
suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is
abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the
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employee in question will be asked to submit to discovery testing. Such tests include
breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or
such drugs.
An employee who refuses to submit to discovery testing for alcohol and/or
illegal drugs shall be conclusively presumed to be under the influence of alcohol or an
illegal drug for the purpose of administering this Article, and therefore will be subject to
discipline, including immediate discharge.
Section 3. For the purpose of administering this Article the following
definition of terms is provided:
a. Reasonable Suspicion
Reasonable suspicion is based on specific objective facts and
reasonable inferences from those facts, that discovery testing will
produce evidence of a violation of this policy;
b. Under the Influence
In determining whether an employee is under the influence, the following
cutoff levels shall be used for the initial screening of specimens to
determine whether they are negative for these drugs or classes of drugs:
(Nanograms per milliliter) (ng/ml) Test Level
Amphetamines .............................................................................................. 1000
Barbiturates..................................................................................................... 300
Benzodiazepines............................................................................................. 300
Cannabinoids................................................................................................... 100
Cocainemetabolites........................................................................................ 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.
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e. Prescription Drugs
All drugs that are used in the course of medical treatment and have been
prescribed and authorized for use by a licensed practitioner/physician or
dentist.
Section 4. If an employee is required to submit to a drug test, the following
procedure shall be followed:
a. The employee shall be given notice of an opportunity to confer with an
Association representative, if one is readily available.
b. The employee shall be given an opportunity to explain the reasons for
the employee's condition, such as reaction to a prescribed drug, fatigue,
exposure to toxic substances, or any other reasons known to employee,
to the test administrator. The Association representative may be present
during this discussion.
C. The Employer may request urine and/or blood samples.
d. Urine and blood samples shall be collected at a local laboratory, hospital
or medical facility. The Employer shall transport the employee to the
collection site. The Employer and/or Association representative may be
allowed to accompany the employee to the collection site and observe
the bottling and sealing of the specimen. The employee shall not be
observed by the Employer when the urine specimen is given.
e. All specimen containers, vials, and bags used to transport the specimen,
shall be sealed to safeguard their integrity (upon request, in the presence
of the Employer, employee and Association representative) and proper
chain-of-custody procedures shall be followed.
f. The collection of the samples shall be performed at CHEC Medical
Center and the testing at Drug Proof, or at another collection center or
laboratory mutually agreed to by the parties. The results of such tests
shall be made available to the Employer and the Association.
g If a specimen tests positive in an immunoassay screen test, the results
must be confirmed by a gas chromatography/mass spectrometry tests.
The specimen must show positive results at/within the following limits on
the GC/MS (gas chromatography/mass spectrometry) confirmatory test
to be considered positive:
h. If immunoassay is specific for free morphine, the initial test level is 25
ng/ml.
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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 5. At the employee's or the Association's option, a sample of the
specimen may be requisitioned and sent to a laboratory chosen by the Association for
testing. The cost of this test will be paid by the Association or the employee. Failure to
exercise this option may not be considered as evidence in an arbitration or other
proceeding concerning the drug test or its consequences. The results of this second
test shall be provided to the City.
Section 7. The employee and the Association (upon consent of the
employee) shall be informed of the results of all tests, and provided with all
documentation regarding the tests as soon as the test results are available. Such
disclosure shal! be in conformance with the Americans with Disabilities Act.
Section 8. The parties designate the Medical Review Officers (MRO)
provided by AWC to review all confirmed positive test results and communicate those
results to the Employer. An MRO shall have the responsibility to determine when an
individual has failed a drug test in accordance with the standards enumerated herein.
The MRO shall retain all records of all positive tests for at least five years and records
of all negative tests for at least one year.
Section 9. If the results of the drug test are positive, and support a conclusion
that the employee used an illegal drug, abused the use of a prescription or over-the-
counter drug, or reported to work while under the influence of alcohol, the employee
shall be subject to discipline, including immediate discharge.
ARTICLE 17: SENIORITY
The term seniority as used in this Agreement will be defined as total service
as a police lieutenant from date of promotion and/or appointment. If lieutenants are
promoted on the same date then the total years of service as a commissioned police
officer in any state will be utilized to determine seniority.
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ARTICLE 18: SAVINGS CLAUSE
Should any provision of this Agreement be rendered or declared invalid by
reason of any existing or subsequently enacted legislation, or by any decree of a
court of competent jurisdiction, such invalidation shall not invalidate the remaining
portions hereof; provided, however, upon such invalidation the parties agree to meet
and negotiate the affected provision(s). The remaining provisions shall remain in full
force and effect.
ARTICLE 19: WAIVER CLAUSE
The parties acknowledge that each has had the unlimited right within the law
and the opportunity to make demands and proposals with respect to any matter
deemed a proper subject for collective bargaining. The results of the exercise of that
right and opportunity are set forth in this Agreement. Therefore, the City and the
Association, for the duration of this Agreement, each agree to waive the right to
oblige the other party to bargain with respect to any subject or matter not specifically
referred to or covered in this Agreement.
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 day of 511�
CITY OF FEDERAL WAY: FEDERAL WAY POLICE LIEUTENANT
ASSOCIATION:
,, ni, e e I, Mayor Association President, Raymond Bunk
Approved as to form
'P
City Attorney, J. Ryan Call
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APPENDIX A
WAGES
See Article 6, Section 1 for Differential Formula
The following wage adjustments apply to the currently employed Lieutenants as of
ratification, and will be retroactive to January 1, 2019.
Step A _ Step B Step C
$9,026 $9,676 $10,373
The following wage adjustments will be effective January 1, 2020 to currently
employed Lieutenants.
_Step A Step B Step C
$9,116 $91772 $10,476
The following wage adjustments will be effective July 1, 2020 to currently employed
Lieutenants.
Step A Step B Step C
$9,298 $9,967 w $10,685
The following wage adjustments will be effective January 1, 2021 to currently
employed Lieutenants.
Step A Step B Step C
$9,390 $10,066 $10,791
The following wage adjustments will be effective July 1, 2021 to currently employed
Lieutenants.
Step A Step B Step C
$9,578 $10,268 $11,007
DEFERRED COMPENSATION:
Effective January 1, 2020, 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 one (1) percent of the employee's
base rate of pay. Effective January 1, 2021 the City match will increase to a
maximum of two (2) percent of the employee's base rate of pay.
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