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HomeMy WebLinkAbout5186 RESOLUTION NO. 5 1 8 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN POLICE SERGEANTS' ASSOCIATION FOR 2016 -2018 WHEREAS, the City of Auburn recognizes the Auburn Police Sergeants' Association as the exclusive bargaining representative of all employees designated as employees of the Auburn Police Sergeants' Association; and WHEREAS, in connection therewith, the City of Auburn and the management of the Auburn Police have negotiated a Collective Bargaining Agreement for the years 2016 - 2018; and WHEREAS, the Agreement sets forth the mutual understanding and agreement of the parties relafive to salaries and conditions of employment for those employees for whom the City recognizes the Auburn Police Sergeants' Association as the collective bargaining representatives; and WHEREAS, it is appropriate for the City Council to approve the Collective Bargaining Agreement for the years 2016 - 2018. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Collective Bargaining Agreement by between the City of Auburn and the Auburn Police Sergeants' Association for the years 2016 - 2018, in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 5186 November 16, 2015 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. nV� / � ' Dated and Signed / day of �f/� , 2015. CITY OF AUBURN ANCY B US, MAYOR ATTEST: i��l Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Da iel B. Heid, City Attorney Resolution No. 5186 November 16, 2015 Page 2 EXHIBIT A COLLECTIVE BARGAINING AGREEMENT 2016-2018 THE CITY OF AUBURN AND AUBURN POLICE SERGEANTS' ASSOCIATION TABLE OF CONTENTS ARTICLE 1 - RECOGNITION AND BARGAINING UNIT.:..::.:.....:..:..:.....�....:............:. 4 ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION .................... 4 ARTICLE 3 - ASSOCIATION ACTIVITIES................................................................... 5 ARTICLE 4 - HOURS OF WORK AND OVERTIME ...........:..:.....:..:.....:..:..:.....::..:.....:. 5 ARTICLE 5 - CLASSIFICATIONS AND SALARIES..................................................... 9 ARTICLE6 - HOLIDAYS.:..:.........:....:..:..:.....:..:..:.....:...........:.....:...........:.................. 10 ARTICLE 7 - VACATIONS .........................................................................................11 ARTICLE 8 - HEALTH AND WELFARE......................................................................12 ARTICLE9 - PENSIONS ......................................................:..:..:...........:.:..:..:..:..:..:. 15 ARTICLE 10 - JURY DUTY.........................................................................................15 ARTICLE 11 - SICK, DISABILITY, BEREAVEMENT AND EMERGENCY LEAVE .... 15 ARTICLE 12 - UNIFORMS AND CLOTHING ALLOWANCE...................................... 18 ARTICLE 13 - EMPLOYMENT PRACTICES .............................................................. 19 ARTICLE 14 - MANAGEMENT RIGHTS ............................:..:..............:.:..:..:........:..:.21 ARTICLE 15 - GRIEVANCE PROCEDURE................................................................23 ARTICLE 16 - WORK STOPPAGES ..........................................................................24 ARTICLE 17 - BULLETIN BOARDS ...........................................................................24 ARTICLE 18 - BILL OF RIGHTS.................................................................................25 ARTICLE 19 - SAVINGS CLAUSE .............................................................................27 ARTICLE 20 - ENTIRE AGREEMENT.....:.............................:........:..:....:..:..:...........:.27 ARTICLE 21 - RETENTION OF BENEFITS......................................:..:..:.....:..:........:.27 ARTICLE 22 - DRUG TESTING..................................................................................27 C:\Users\abarberWppData\LOral\MicrosoftlWindows\Temporary Internet Files\Con[enLOutlookl6GP 1 K4VT�CiryPmposedAubumSergeantGuild2016CBA101615.doc Page 2 of 36 INDEX CONTINUED ARTICLE 23 - DURATION .........................................................................................31 APPENDIX „A„.............................................................................:..:...........:.....:..:...:..32 APPENDIX „B„............................................................................................................33 C:\Users�abarber�AppData\LOCaIVvlicrosoR�Windows\Temporary Internel Piles\Content.0utlook\6GP1 K4Vl1CiryProposedAubumSergeantGuild2016CBA7 07615.doc Page 3 of 36 AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN SERGEANTS' ASSOCIATION 2016-2018 This Agreement is between the City of Auburn (hereinafter called the "Cit�`) and the Aubum Police Sergeants' Association (hereinafter called fhe "Association") for the purposes of setting forth the mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Association as the collective bargaining representative. ARTICLE 1 — RECOGNITION AND BARGAINING UNIT 1.1 The City recognizes the Auburn Police Sergeants' Association as the exclusive bargaining representative for all active employees designated as Commissioned Law Enforcement Officers, rank of Sergeant, excluding all other employees of the department, and as certified by the Public Employees Relations Commission Case No. 25190-E-12- 03750. ARTICLE 2 — ASSOCIATIONASSOCIATION MEMBERSHIP AND DUES DEDUCTION 2.1 Employees shall, as a condition of employment, either become members of the Association or pay a service fee to the Association within thirty-one (31) days of employmerit or within thirty-one (31) days of the execution date of this Agreement. 2.2 Failure by an employee to abide by the above provisions shall constitute cause for discharge of such employee provided that when an employee fails to fulfill the above obligation, the Association shall provide the employee and the City thirty (30) days notification in writing of the Association's request to initiate discharge action. During this period, the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge shall be withdrawn. 2.3 The City agrees to deduct from the paycheck for each employee who has so authorized it, the initiation fee and regular monthly dues uniformly required of members of the Association. The amount deducted shall be transmitted monthly to the Association on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. C:\Users\abarberWppDatalLocal\MicrosoR\Windowsl7emporary Intemet FileslContenLOutlook\6GPt K4V11CiryProposedAUburnSergeantGuild2016CBA107615.doc Page 4 of 38 ARTICLE 3 - ASSOCIATION ACTIVITIES 3.1 The Business Representative of the Association shall be allowed access to all facilities of the City wherein the employees covered under this contract may be working for the purposes of investigating grievances, provided such Representative does not interfere with the normal work processes. No Association member shall conduct any Association business apart from actiyities related to contract administration on City time and no Association meetings will be held on City time or premises unless authorized by the Chief of Police, or designee. Off duty meetings may be scheduled and held on City premises. 3.2 The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Association principles or for performing duties authorized by the Association, so long as these activities do not interfere virith normal work processes of the City. 3.3 The employer will attempt to allow such members of the Association as may be designate.d by the Association, not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Association negotiating team in labor negotiations with the City of Auburn, including mediation. Interest arbitration hearings shall also be included under fhis provision, provided that such leave shall not result in additional cost to the City. 3.4 The Association shall have access and use of a copy machine through City Administration at $.15 per copy. ARTICLE 4 — HOURS OF WORK AND OVERTIME 4.1 Hours of Duty — The Chief of Police shall establish regular work schedules for the members of the bargaining unit, such that the working hours for the employees shall be equivalent to forty (40) hours per week on an annualized basis. The normal workday shall be inclusive of the lunch period. While this section shall be construed as a waiver regarding the scheduling of individual employees to shifts, it shall not be construed as a waiver of the Association's right to demand bargaining over City proposed changes in the length of the work shifts themselves. 4:2 Shift Schedule — Patrol Sergeants shall work twenty (20) months on their primary shift schedules and four (4) months on their alternate shift schedules. Shift bids shall be awarded based on senior'ity within the Sergeant classification. 4.3 Police Sergeants currently in the detective assignment shall work four (4) consecutive days followed by three (3) consecutive days off, with Saturday and Sunday off. This schedule shall consist of ten (10) continuous hours inclusive of lunch periods. The City requires minimum staffing levels in 4he Detective Division, Monday through Friday, in order to efficiently operate the 4/10 work schedule. Therefore, voluntary C:\Users\abarber�AppData\Local\Microsok\Windpws\Temporary Internet Files\Content.0utlook\6GP 7 K4VllCityProposedAubumSergeantGuild2016CBA101615.doc Page 5 of 36 time off shall not be granted when it would put the minimum staffing levels below one (1) Sergeant for the entire Detective Division, or one (1) Officer in Charge (OIC). Furthermore, the City is not required to backfill for overtime if for some unforeseeable or uncontrollable reason minimum staffing levels are not met. Additionally, Investigations Sergeants are considered non-essential employees on holidays per Section 6.2 of the current CBA. Therefore, if an Investigations Sergearit elecfs tb work on a holiday, as set forth in Section 6.1, he/she shall be compensated at his/ her regular hourly rate of pay and shall bank the holiday. The Police Chief, or designee, reserves the right to discontinue the 4/10 work schedule program at any time. The Association shall not file a grievance if the Police Chief, or designee, discontinues the 4/10 work schedule for a Sergeant or for the entire detective assignment. The Police Chief, or designee, shall provide two (2) weeks notice when the decision is made to revert back to a five (5) day on and two (2) day off schedule or a 9/80 schedule. Furthermore, the Police Chief, or designee, may change the Investigations Sergeants' scheduled day off with seven (7) days notice. 4.4 Traininq: a. Training will be scheduled during the employee's regular shift whenever reasonably feasible. b. If training cannot be re.asonably scheduled during the employee's regular shift, it will be scheduled so that employees have a minimum of eight (8) hours of separation between the end of the employee's work shift and the beginning of the training session. Similarly, there shall be a miriimum of eight (8) hours of separation between the end of the training session and the beginning of the employee's next scheduled shift. This requirement may be waived upon the voluntary written request of an employee. c. The parties agree that the administration may alter an employee's regular days off schedule to accommodate training; provided that the employee is given seven (7) days notice of the alteration, and provicied further that any days off must be rescheduled before the end of the pay period during which the rescheduling occurred. The Sergeant may choose to schedule his/her days off during the succeeding pay period upon approval of the Police Chief, or designee. 4.5 Overtime — Except as otherwise provided in this Article, employees shall be paid at the rafe of time and a half (1 '/z) of their regular rates of pay, inclusive of longevity, education, and premium pays, as defined by the FLSA for: a. All hours worked outside the regularly assigned shift in any one day. b. All hours worked on a regularly; scheduled day off; and C:\Users\abarberWppData\LocallMicrosoft\Windows\Temporary Internet Files\ContenLOutlook\6GP 1 K4V11CityProposedAutiumSergeantGuild2016C8A101615.doc Page 6 of 36 c. The hours worked on the first and last day of a changed shift unless written notice no less than seven (7) calendar days in advance of the shift change from the employee's regular shift is given to the employee. All overtime must be authorized by the Chief of Police, or designee. In all cases to compute overtime, or pay at an overtime rate, the nearest one-quarter (1/4) hour shall be used. Overtime work at the SergeanYs level shall first be offered to Sergeants before it is given to a Police Officer on an out-of-class basis. Sergeants will notify their supervisor of the steps taken to fill the vacancy. There shall be no remedy for violations of this Section committed by a Sergeant. 4.6 Comqensatorv Time — Payment for authorized overtime hours worked shall be pay or compensatory time at the employee's option, such option to be exercised at the time earned. Compensatory time shall be earned and accumulated at the rate of one and one- half (1Yz) hours for each overtime hour worked; provided that the maximum allowable accrual shall be one hundred and twenty (120) hours of compensation. All compensatory time accumulated by an employee in excess of forty (40) hours as of the 15�h of November shall be paid at the employee's then current rate of pay at the last payday of November. At the option of the employee, any or all of the remaining forty (40) hours may be paid at that time, but no more than forty (40) hours of accumulated compensatory time shall be carried past the 30�" of November. The parties agree that it is unduly disruptive to the operations of the Auburn Police Department for employees to give less than forty-eight (48) hours written notice of their intent to use up to two (2) days of compensatory time off and an additional day of notice for every consecutiVe compensatory day off thereafter. This section shall be construed so that, for instance, the use of five (5) consec.utive days of compensatory time off will require that the employee give the department a minimum of five (5) days written notice of his/her intent to do so. Compensatory time off can be used by employees with less notice, provided 4hey obtain aufhorization from the Chief of Police, or designee. The parties agree that it is unduly disruptive for employees to request the use of compensatory time off on any recognized holiday as set forth in Article 6 Section 1, when the granting of such time off would require the City to force another employee, who is not scheduled to work, to cover the shift. 4.7 Callback — If an employee is called back to duty, he/she will be guaranteed a minimum of three (3) hours at one and one-half(1'/z) his/her hourly regular rate. 4.8 Court Time —An employee required to testify in court on behalf of the Auburn Police Department during off duty hours shall be paid a minimum of four (4) hours at one C:\Users\abarberWppData\Local\Microsok\Windows\Temporary Internel Files\Content.0utlook\6GP1 K4VT1CityProposedAUburnSergeantGuild2016CBA101675.doc Page 7 of 36 and one-half (1'/z) times his/her hourly regular rate of pay for such attendance, except where such attendance is an extension of the end of his/her regularly scheduled shift, at which 4ime, normal overtime procedures will apply. Minimum court time shall be paid unless the court appearance cancellation informa4ion is available to the employee by 5:00 p.m. the day before a required appearance. For court attendance, paid time shall be based on portal-to-portal from the Auburn Police Department to the court and return. 4.9 Standbv — The City and the Association agree that the use of standby time shall be consistent with sound law enforcement practices and the maintenance of public safety. Employees formally placed on standby status shall be compensated on the basis of four (4) hours straight-time pay for eight (8) hours or fraction thereof. If an employee is actually called back to work, normal overtime shall apply. Employees will be compensated when called back either through normal overtime or four (4) hours straight time, whichever is greater. Employee's who are "engaged to waiY' within the meaning of the FLSA, and are restricted in their movement, shall have all such time considered as time worked at either the overtime or regular rate of pay as the circumstances warrant. 4.10 Cancellation of Court Appearance — When an employee complies with all departmental procedures on the day prior to a court appearance, and is notified on that date that the court appearance is still scheduled for the next day, the employee shall be entitled to receive the minimum payments provided by this Agreement even if the court appearance is thereafter canceled. 4.11 Eictra Dutv — From 4ime to time, outside organizations/businesses may request specific support from the City (e.g. security, traffic control, etc.) that may require participation by the City's Police Department. Provisions of 29CFR Chapter V, Wage and Hour Division, Department of Labor, Part 553, Section 227, and referenced paragraphs of the Act will govern extra duty. (1) Extra duty may only be performed when assignments are solely at the option of the individual Sergeant. (2) Sergeants perForming extra duty are performing duties in the capacity of commissioned officers. (3) Extra duty may only be performed/scheduled so that the employee has a minimum of six (6) consecutive hours of separation between an extra- duty assignment and a regular duty assignment. The six (6) hours separa4ion can be scheduled at either end of the extra-duty assignment and the corresp.onding regular duty shifts, If the employee performs two (2) eonsecutive days of extra duty during the employee's regular work week; it is mandated that there be a minimum eight(8) hour rest period before the beginning of the next consecutive duty shift, Similarly, there shall be a minimum of eight (8) hours separation between the end of the extra-duty employment and the beginning of 4he employee's next scheduled regular shift should two (2) consecutive days of extra-duty employment be worked. C:\Users\abarberWppDala\LocallMicrosok\Windows\Temporary Internet Files\ContenLOullook\6GP1 K4Vl1CityProposedAubumSergeantGuild2076CBA701615.doc Page 8 of 36 (4) The City and the Association will periodically negotiate Sergeants' rate of pay for extra duty. Applicable taxes (federal wifhholding, FICA, etc.) will be withheld from that amount. Additional charges (i.e. L&I, employment taxes, pay at an overtime rate, minimum pay, holiday pay, administration fees, cancellation notice charges, etc.) will be added to the bill rate for outside organizations to cover payment of those costs. (5) Finance will be provided a copy of all documents changing negotiated rates of pay with a minimum of one pay period before implementation. 4.12 Davliqht Savinps Time. Employees who work a longer shift when the clocks are moved back one (1) hour to Pacific Daylight time in the fall will be paid for the time in excess of the employee's normal workday at the overtime rate of pay. Employees who work shorter shifts when the clocks are moved forward to Pacific Daylight time in the spring will have the option of choosing to work an additional hour so that the employee works a 10-hour shift or to use one (1) hour of paid fime off (e.g. vacation, compensatory time, holiday banked, etc., but not sick) at the employee's discretion. ARTICLE 5 — CLASSIFICATIONS AND SALARIES 5.1 Employees covered by this Agreement shall be compensated in accordance with the pay plan attached to this Agreement and marked Appendix "A". This Appendix shall be considered a part of this Agreement. Paydays for employees covered by this Agreement shall be on the 8�h and 23`d of each month. 5.2 Premium pay in the amount of four percent (4%) shall be applied to the straight time hourly base wage for each Sergeant assigned to Valley SWAT. Premium pay in the amount of six percent (6%) shall be applied to the straight-time hourly base rate for each Sergeant assigned as Defensive Tactics Instructors. In no event will any employee receive more than six percent (6%) premium pay regardless of the number of specialty assignments he/she holds. The City will seek input from supervisory and command personnel before making assignments of personnel to 4he specialty assignments in Article 5.2 of the labor agreement, provided that the paRies recognize that the Chief of Police retains the ultimate right to select which Sergeants will be assigned to those duties. 5.3 Employees hired prior to January 1, 1996, assigned the job classification of Sergeant who have completed courses with a passing grade toward a degree shall be paid a percentage of their straight-time hourly rate as educational incentive based on the following schedule: 30 credits — 2%; 60 credits — 4°/a; AA Degree — 6%. College credits are defined as those credits that could be applied as general education requirements towards earning a degree (AA/BA/BS). Generally, these are courses number 100 and above. Courses that must be passed in order to qualify to enroll in introductory general education requirements (100-level courses) cannot be applied to this education incentive. C:\Users�abarberWppData\LocallMicrosoklWindows\Temporary Internet Files\ContenLOutlook\6GP 1 K4V11CityProposedAubumSergeantGuild2016CBA101615.doc Page 9 of 36 Employees hired on or after January 1, 1996, shall be paid a percentage of their straight-time hourly rate as educational incentive based on the following schedule: job-related AA Degree 4%; BA or Master's Degree 6%. Associates degrees must be job-relafed. AA Degrees for which the City will pay education incen4ive as currently listeii are: Criminal Justice (Law & Justice, Society & Justice) Sociology, Criminology, Psychology, Business, Political Science, and/or Public Administration. The City realizes that from time to time, AA Degree names change and, at ifs sole discretion, will revieuv the curriculum of other like AA Deg�ees to determine if the content meets the intent of this Agreement. Education incentive pay shall be paid to employees only after the City has received an official transcript from the educational institution verifying the credits or degree received. Any official document from a person authorized to grant credits and degrees from such college or university may be accepted in lieu of the official transcript, provided it is sent directly to the Police Chief and certified as true anci correct. The City will reimburse employees for the cost of the transcripts, provided the employee produces a receipt or copy of a canceled check. Employees in fhe Association will be eligible to receive tuition reimbursement of a maximum of three thousand dollars ($3000.00) per calendar year in accordance with the procedures specified in City Administrative Policy 200-50 - Tuition Reimbursement. 5.4 Longevity pay shall be applied to the straight-time hourly base rates of all employees covered by this Agreement who have completed continuous service in accordance with the following schedule: 5 Years 8 Years 11 Years 14 Years 17 Years 20 Years 25 Years 2.0% 3.5% 5.0% 6.5% 8.0% 9.0% 10% ARTICLE 6 — HOLIDAYS 6.1 The following eleven (11) days are designated as holidays: New Year's Day Veteran's Day Lincoln's Birthday Thanksgiving Day PresidenYs Birthday Day after Thanksgiving Memorial Day Christmas Day Independence Day Martin Luther King Day LaborDay 6.2 An employee who is required to work on a on a holiday will receive holiday pay if the start of the employee's shift began on the designated holiday, as set forth in Section 6.1. Furthermore, holiday pay will confinue if the Sergeant is required to work past his/her scheduled shift. C:\Users\abarberWppData\LOCaI\Microsok\Windows\Temporary Internet Files\ContenLOu[look\6GP1 K4VTCiryProposedAuburnSergeantGuild2016CBA701615.doc Page 10 af 3fi For example, a Sergeant that is regularly scheduled to work a graveyard shift and works on December 31 S' begins his/her shift at 2000. The shift continues through 0600 on January 151. This Sergeant wiil not receive holiday pay. However, that same Sergeant works the same shift on January 15` and begins his/her shift at 2000 and works through 0600 on January 2"d. The Sergeant will be compensated at the rate of two and one-half (2-1/2) times the employee's regular hourly rate of pay for each hour worked inclusive of the pay for the holiday worked. In addition, if that Sergeant were to be held over to work overtime, the overtime will be compensated at the rate of two and one-half(2-1/2) times the employee's regular hourly rate of pay for the amount of hours that the Sergeant works overtime. The compensation for holiday pay is two and one-half (2-1/2) times the employee's regular hourly rate of pay for each hour worked inclusive of the pay for the holiday worked. "Required to work" is defined as having been directed to work by the Chief of Police, or designee. Employees shall accrue and take holidays on a basis equivalent to the assigned shift hours (e.g., employees on S-hour shifts shall accrue and take eleven 8-hour holidays per calendar year and employees on 10-hour shiits shall accrue and take eleven 10-hour holidays per calendar year, etc.). When a holiday falls on an employee's regularly scheduled day off, he/she shall receive holiday hours as indicated above. Employees not required to work will observe the holiday on the date listed below or bank the holiday. Employees may accrue up to a maximum of one hundred and forty (140) hours of holiday leave, but in no event shall an employee accumulate in excess of one hundred and forty (140) hours unless, through no fault of the employee he/she was not able to take the leave. Non-essential employees that elect to work on a holiday, as set forth in Section 6.1, shall be compensated at his/her regular hourly rate of pay and shall bank the holiday. 6.3 The designated holiday shall be: New Year's Day January 1 Martin Luther King Day Third Monday in January Lincoln's Birthday February 12 PresidenYs Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25 6.4 Employees terminating �service after completion of probation shall receive cbmpensation for vested, unused holiday time. ARTICLE 7 - VACATIONS C:\UsersWbarberlAppData\LocallMiaosoftlWindows\Temporary Intemet FileslConteneOutlookl6GP i K4VT1CftyProposedAubumSer9eanlGuild2016CBA10�615.doc Page 17 ot 36 7.1 Annual vacations with pay shall be granted to eligible employees on the following basis: for service less than one (1) year vacation leave credit shall accrue at the rate of one (1) working day for each month of continuous service commencing from the date of most recent employment with the City; for continuous service of more than one (1) year, vacation leave credit shall accrue at the following rate: 1 to 5 years of continuous service 112 hours per year 6 to 10 years of continuous service 136 hours per year 11 to 15 years of continuous senrice 160 hours per year 16 to 20 years of continuous service 176 hours per year Over 21 years of continuous service 192 hours per year Employees shall take vacation leave on a half ('/z) hour basis. A "working day' shall be equal to eight (8) hours. 7.2 In no event shall an employee accumulate unused vaca4ion leave in excess of two (2) year's annual vacation leave. Payment for up to five (5) days of accrued and unused vacation leave shall be made to an employee where the employee, through no fault of the employee, was not able to taKe all of his/her accrued annual vacation leave during the year authorized. 7.3 Vacation leave shall be scheduled by seniority within the Sergeant classification within the assigned division. 7.4 In the event of the death of an employee in active service with the City, accrued vacation leave that has not been taken shall be paid in the same manner that salary due the decedent is paid for any vacation leave earned in the preceding year and in the current year and not taken prior to the death of such employee. 7.5 A Sergeant who qualifies for military leave will be provided leave at a compensation rate of one (1) full day regardless of when the SergeanYs shift starts or if the shift continues into the next calendar day in which the Sergeant has been granted military leave. For example, a Sergeant who works a shift that crosses calendar days (i.e. a 6:00 PM to 4:00 AM shift), and misses any part of the shift for military duty, will use one (1) day of the allotted paid military leave days for the entire shift of the military leave. This shall be interpreted as a shift for a shift. ARTICLE 8 — HEALTH AND WELFARE 8.1 A healthcare, dental care, orthodontics, and life insurance program shall be granted to eligible employees and their dependents. Except for grbup medical insurance for spouse and children as provided in Section 8.2 herein, the cost shall be paid by the City. Said program may consist of: C:\Users�atiartier�AppDala\Local\Microsoh\Wintlows\Temporary Internet Files\Conlenl.Oullook16GP1 K4VTVCityProposedAubumSergeanlGuild2016CBA101615:doc Page 12 of 38 a. Premera PPO, Group Health, or substantially equivalent plan(s) by mutual agreement. The City also may implement a high deductible health plan(s) as an option for those employees interested; b. The employee's choice of Washington Dental Service Plan F w/Orthodontia Plan 1; or the Willamette Dental Plan, or substantially equivalent plan(s) by mutual agreement. The City will pay up to what it pays for the Washington Dental Service Plan F for those enrolled in the Willamette Dental Plan. c. Vision Senrices Eye Care or substantially equivalent plan(s) by mutual agreement; and d. Life Insurance with a death benefit level of $30,000. The parties are aware that the "Cadillac" tax provisions of the Affordable Care Act, if implemented, would impose a heavy tax burden on the City beginning in 2018. Additionally, AWC has already indicated that the HealthFirst (zero deductible) and the Group Health (Plan 2 - $10 copay) are terminating effective January 1, 2018. In order for the parties to address that burden, this article shall be reopened at the request of either party to negotiate for the purpose of arriving at a mutually satisfactory replacement medical plan (including any related HRA contribu4ions) for 2018. This reopener is subject to the following: o If the parties fail to reach agreement on the replacement medical plan prior to January 1, 2018, the eligible employees and their dependerit(s) will automatically be enrolled into the AWC HealthFirst 250 plan and/or the Group Health Plan 3 $20 Co-pay/$200 Deductbile plan, or sub.stantially equivalent plan(s) by mutual agreement. Additionally, all health reimbursement account contributions will cease, if the Affordable Care Act continues to be counted towards the "Cadiilac" tax provisions, regardless if it is an employee o.r employer contribution. This change will become effective on December 315�, 2017, if no agreement has been made between both parties related to the replacement medical plan. The Association agrees to continue to cooperate with the City in the study of cost containment measures. The City may self-insure medical, dental, and/or vision insurance coverage or select a new medical, dental, and/or vision insurance plan and shall make every effort to maintain substantially equivalent benefits at a reasonable cost. The City and the Associa4ion shall meet to explore alternative insurance coverage prior to selecting any new medical, dental, and/or vision insurance plans. The City recognizes its responsibility to bargain with the Association the impact of those decisions. The Association will appoint one (1) member to the Citys Healthcare Cost Containment Committee. 8:2 Each employee who enrolls his or her spouse or eligible children in the PPO Plan shall pay ten percent (10%) of the premium cost each month. The City's contribution toward medical insurance for spouse and children shall be a maximum C:\Users\abarberWppData\Loca�Microsoft\Windows\Temporary Interne[ Files\Content.0utlook\6GP 1 K4VT1CityProposedAubumSergeantGuild2016CBA101615.doc Page 13 of 36 of ninety percent (90%) of what it would pay of the applicable PPO Plan. The City shall continue to make available the AWC Group Health (Plan 2 - $10 copay) medical insurance plan for those individual LEOFF II employees who elect to enroll themselves and their dependents. The City shall pay fhe premium up to a maximum amount the City would pay for the employee's spouse and dependent(s) if the employee selected PPO, whichever is less, with the employee paying the remaining amount of the monthly premium for his/her spouse's and each dependenYs medical insurance. 8.3 Domestic Partner Coverage: State-registered domestic partners and eligible dependants enrolled in the PPO Plan or AWC Group Health Plan 2 ($10 co- pay) will have monthly premiums paid at the same level as spouses and dependants in paragraph 8.2 above. 8.4 Indemnitv and Defense: a, CIVIL CLAIMS: The City shall provide legal counsel or reasonable attorney's fees for representation and defense of civil lawsuits and hold employees harmless from any expenses, connected with the defense seEtlement or monetary judgments from such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the employee was acting in good faith in the performance or purported failure of performance of his/her official duties or employment and provided further that the employee was not engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive proof of criminal misconduct for the purposes of this section. b. INQUESTS: In an Inquest called by the King County Executive (or delegate) arising out of the use of force, the employee shall meet with the City Attorney to discus.s legal representation for the employee during the Inquest. After that meeting, if the employee elects to select his/her own representation, the City will pay for reasonable legal services provided that the employee has acted in good faith in the performance or purported failure of performance of his/her official duties; and provided further that the employee was not engaging in criminal misconduct. The attorney selected by the employee must have a high level of experience in representing law enforcement officers in the use of force. The City shall have a reasonable right to approve the choice of counsel in light of the requirements described herein; enter into a third party payer agreement with the employee's private counsel; to review billings for such representation; and approve all payments in writing. c. In the event outside counsel is retained by the employee and the employee is subsequently convicted of a crime or it is determined by a court of competent jurisdiction that the employee was not acting in good faith arising out of the facts giving rise to the Inquest, the City shall be entitled to recover attorney's fees and costs it has expended on the employee's behalf from the employee. C:\Users\abarberWppData\Local\Microsoft\Windows\Temporary Internet Files\ContenLOutlook\6GP1 K4VTCityProposedAUbumSergeantGuild2016CBA101615.doc Page 14 of 36 8.5 Disabilitv Insurance — The employer shall provide for a mandatory payroll deduction for a LEOFF II disability plan selected periodically and administered by the Association. Participation will begin from the date of employment with the City. 8.6 The City has adopted the VEBA Medical Reimbursement Plan for all commissioned LEOFF II employees who do not have a military medical retirement plan. The City agrees to provide a mandatory payroll deduction for this post Retirement Medical Insurance Trust. All contributions made on behalf of each eligible employee will be based on the individual's annual base salary. It is understood that all defined eligible employees will be required to sign and submit to the City a VEBA Membership Enrollment Form. The VEBA Plan shall be funded by a semimonthly employee contribution of one percent (1%) base pay period salary. After December 31, 2017, all contributions to the VEBA plan will cease. Effective January 1, 2016, the City will contribute two percent (2%) of base pay period salary into deferred compensation, if the employee chooses to match 4he contribution. In addition, to the current semimonthly contribution method of base annual salary listed above, both parties agree to the following additional contribution method: Retirement contribution: All employees covered by this Agreement, who separate in good standing from the City and are of a LEOFF retirement-eligible age, shall transfer unused, accumulated sick leave into the VEBA trust. After December 31, 2017, all contributions to the VEBA plan will cease, if the Affordable Care Act continues to be counted towards the "Cadillac" tax provisions. ARTICLE 9 — PENSIONS 9.1 Pensions for employees and contributions to pension funds shall be provided in accordance with the laws of the State of Washington for eligible employees. ARTICLE 10 — JURY DUTY 10.1 Time off with pay will be granted for jury duty. Employees shall be required to repoR for work for any porfion of their regularly scheduled shift during which they are not actually serving on a jury or waiting to be impaneled if a reasonable amount of time remains on that shift in light of the court's location. The employee is required to contact his/her supervisor, who will make the determina4ion. In order to be eligible for such payments, the employee must submit a written statement (subpoena, etc.) from the appropriate public official (court clerk, etc.) showing the date and time served and the amount of jury pay recovered. The employee must give the Chief of Police, or designee, prompt notice of call for jury duty. Employees are not required to return to the City per diem received for jury duty from the Court. ARTICLE 11 — SICK, DISABILITY. BEREAVEMENI. AND EMERGENCY LEAVE C:\Users\abarberWppData\LocaPMicrbsoN\Wintlows\Tem'porary Intemet Files\ContentOullook\6GP1 K4 VT�CityProposedAubumSergeantGui1d2016CBAt 01615.doc Page 15 of 36 I 11.1 Sick leave credit shall accumulate for eligible employees at the rate of eight (8) hours per month. Sick leave is accumulative to a maximum of nine hundred sixty (960 hours), except as provided in Section 11.7 below. Sick leave credit may be used for time off with pay for bona fide cases of incapacitating sickness or injury and for the period of disability resulting from pregnancy or childbirth, or in accordance wi4h the federal Family and Medical LeaVe Act or Washington Family Care Act. Any employee found to have abused sick leave by falsification or misrepresentation shall be subject to disciplinary action. Employees shall take sick leave on a half(1/2) hourly basis. a. Employees are required to use accrued paid time off during any state or federal Family and Medical Leave (FML) absence before using leave without pay. b. FML usage computations will be based upon a rolling twelve (12) month year beginning on the date an employee takes his/her first FML leave. 11.2 A verifying statement from the employee's physician may be required by the Chief of Police, at his/her option, whenever an employee claims sick leave for three (3) consecutive days or longer, or after three (3) single sick leave claims in any calendar year. In requiring a physician's statement, the Chief, or designee, shall do so for the purpose of ensuring that employees are utilizing sick leave benefits for the purposes intended by this Agreement. 11.3 Employees incapacitated by illness or injury shall notify the Chief of Police, or designee, as far in advance of their scheduled starting time as possible that he/she is to report for duty. During periods of extended illness, employees shall keep the Chief of Police, or de.signee, informed as to their progress and potential date of return to work. 11.4 An employee shall be allowed up to three (3) days bereavement plus three (3) days chargeable sick leave for death in the immediate family requiring his/her presence upon the approval of the Chief of Police. Immediate family shall include the father, father-in-law, mother, mother-in-law, spouse, brother, sister, children and step- children of the employee, employee's grandparents and grandparents-in-law, grandchildren of the employee, and step-parents. A domestic partner, as defined by state law, shall receive the same rights as a legally married spouse for the purposes of this section of the Agreement. 11.5 An employee may use up to twelve (12) workweeks of leave each rolling year in accordance with the provisions of the federal Family Medical Leave Act (FMLA), Washington Family Leave Act, and City Policies and Procedures as follows: An employee who has worked for the City at least twelve (12) months, including at least one thousand, two hundred and fifty (1250) hours in the last twelve (12) months, may be entitled to twelve (12) workweeks of paid/unpaid leave in any twelve(12) month period (1) to care for a newborn or newly adopted child or newly C:\UserslabarberWppData\Local\Microsoft\Windows\Temporary Internee Files\ConlenLOullook\6GP 7 K4V11CityProposedAubumSergeantGufld2016CBA10167 S.doc Page 16 of 36 placed foster child; (2) to care for a child, parent, or spouse who has a serious or terminal health condition; or(3) to attend to a personal serious health condition. An employee must give the Chief of Police, or designee, at least thirty (30) days written notice by completing a Leave Request Form, in advance of the anticipated date the leave is to begin. If the employee is unable to give the required notice, notice must be given, in writing, as soon as possible. While on FML, the employee must use all accrued, but unused leave, including sick leave, vacation, compensatory time, and/or any other paid leave accrued prior to using unpaid leave. Use of the above paid leave will apply toward the twelve (12) workweek entitlement, and is not in addition to the entitlement. Upon refurn from the leave, the employee is entitled to return to the same, or comparable, with the same level of compensation, position held when the leave began unless the position would have been eliminated had the employee not been on leave. Care for a newborn or newly adopted child or newly placed foster child. FMLA leave must be taken within twelve (12) months of the birth, adoption, or placement of a child. If both parents are employed by the City, together they are entitled to a total of twelve (12) workweeks of paid/unpaid leave under this paragraph. In the case of maternity, any leave taken prior to the birth of the child for prenatal care or inability to work prior to the actual birth will be assessed towards the twelve (12) workweek period. Time loss due to disability prior to or following giving birth wiil be assessed towards the twelve (12) workweek period. Intermittent or reduced leave for birth or placement for adoption or foster care of a child may only be taken with Chief of Police approval. Certification by a healthcare provider may be required. Care of a child, parent, and/or spouse who has a serious or terminal health condition, or to attend to a personal serious health condition. Cerfification and/or second or third opinions by a healthcare provider may be required for leave approval, Recertification may be required every thirty (30) days. A fitness for duty certificate signed by the consulting physician may be required upon return from leave. Leave may be requested and granted on an intermittent basis or on a reduced workweek schedule if inedically necessary. The employee must provide medical certifica4ion within fifteen (15) days of the date requested. The employee must attempt to schedule his/her intermittent or reduced leave so as not to disrupt the City's operation. 11.6 For employees hired into the City prior to December 1, 1993, upon retirement, death, or termination of good standing (not termination for cause) the employee shall be reimbursed at current rate of pay for unused, accrued sick leave up to a C:\Users\abarberWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\6GP1 K4VTCilyProposedAubumSergeantGuild2016CBA101615.doc Page 17 of 36 maziriium of nine hundred and sixty (960) hours in accordance with the following schedule based on continuous years of service: Upon Completion of Percent of Accrued Years of Service Unused Sick Leave 15-24 years 50°/a 25 years and over 100% Employees hired into the collective bargaining unit after November 30, 1993, shall be reimbursed at the current rate of pay for unused, accrued sick leave up to a maximum of nine hundred and sixty (960) hours in accordance with the following schedule based on continuous years of service: Upon Completion of Percent of Accrued Years of Service Unused Sick Leave 0 — Completion of 14 Years 0% 14 years and over Upon retirement (meaning separation in good standing and LEOFF retirement-eligible age), death, or disability retirement, thirty-five (35%) 25 years and over With a minimum of four hundred and eighty (480) hours of banked, unused sick leave, upon separation from employment in good standing, forty-five percent (45%) After December 31, 2017, all contributions to the VEBA plan wiil cease, if the Affordable Care Act continues to be counted towards the "Cadillac" tax provisions. 11.7 When an employee has accumulated nine hundred and sixty (960) hours of sick leave, sick leave shall continue to accumulate at the normal rate of eight (8) hours per month until the end of the calendar year at which time all sick time accumulated by the employee in excess of nine hundred and sixty (960) hours shall be paid at twenty-five percent (25%) of the employee's then hourly b.ase rate. 11.8 When an employee covered by the LEOFF II Retirement System is temporarily, totally disabled and unable to work as the prbximate result of an on-the-job injury as covered by Washington State Workers' Compensation Industrial Insurance laws, the City shall compensate the employee for his/her regular salary (kept on salary as defined by RCW 51.32.090) as if he/she had continued to work for a period not to exceed one 4housand and forty (1,040) hours, or the termination of the disability, whichever comes first. This benefit shall only be granted prospectively from the date Workers' Compensation benefits are applied for, unless the employee fails to make timely application because of physical incapacitation or for reasons beyond the employee's control. C:\Users\abarberWppData\LOCaI\Microsoft\Windows\Temporary Internet Files\Content.OuUook\6GP i K4VT1CityProposeHAubumSergeantGuild2016CBA101615.doc Page 18 of 36 ARTICLE 12 — UNIFORMS AND CLOTHING ALLOWANCE 12.1 One (1) member of the Association shall be selected as a representative to the uniform and equipment committee. Selection of the committee will be by an agreement between the Assistant Chief and the Association President. (The committee will meet on an as needed basis at least once per year.) The committee will be responsible for reviewing requests for changes to the equipmenUuniform list(s) for general patrol and recommending changes, provided they are consistent with the budgetary guidelines as determined by the Chief of Police. Technological advances and equipment changes will require special attention. Uniform and equipment standards need to be kept up-to-date. All requests for uniform/equipment replacement shall be submitted to the employee's immediate supervisor. Requests for uniform/equipment replacement will be completed as soon as reasonably possible. The department will designate the uniform/equipment supplier(s). Uniforms and equipment will only be purchased/obtained from 4he designated supplier(s), including voucher items. Specialty units may utilize specialty outlets/sources for some equipment needs. 12.2 Sergeants will be on a Quartermaster System and will be issued their full compliment of uniforms/equipment according to the list of agreed upon items in Appendix B that may change from time to time, as determined by the Uniform and Equipment Committee. The quartermaster issued lists of uniform and equipment items shall be reduced to writing (as they are established, changed, and signed by the signatory parties to this agreement). All uniforms/equipment are owned by the City. 12.3 Sergeants will be entitled to have up to four (4) uniform items cleaned per week:. 12.4 Non-uniformed personnel will be given a clothing allowance of one percent (1%) per month of the employee's monthly base pay and are entitled to have up to four (4) items d.ry cleaned or may have three (3) items dry cleaned and five (5) shirts laundered per week for maintenance of business attire. The Chief of Police will set the standards for appropriate business attire for the Department. The uniform committee will make recommendations to the Chief of Police on business attire. When casual attire is adopted, once implemented, affected personnel will be entitled to have up to three (3) items dry cleaned or may have two (2) items dry cleaned and two (2) shirts laundered per week for maintenance of business attire. Appropriate business attire shall include casual attire for non-uniformed employees. The Chief of Police has the discretion of approving the attire items recommended by the committee. Non-uniformed personnel will be on the Quartermaster System and will be issued clothing/equipment according to the list of agreed upon items. ARTICLE 13 — EMPLOYMENT PRACTICES C:\Users�abarberlAppData\Lowl\Microsok\Windows\Temporary Intemet FileslContent.0u[look\6GP1 K4V11CityProposedAUbumSergeantGuiltl2016CBA707615.doc Page 19 of 36 13.1 Lavoff• Whenever employees are appointed to a classifica4ion effective the same date, seniority shall be established by the highest average on the total examination. If the averages are equal, rank order will be established in accordance with Civil Service Rule 10. Personnel reductions through layoff procedures and reinstatement from such layoffs shall be in accordance with the Civil Service Rules and Regulations of the City of Aubum. 13.2 Senioritv. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the highest average on the total examination. If the averages are equal, rank order will be established in accordance with Civil Service Rule 10. 13.3 Workinq Out of Classification. Any employee who is assigned to perform the duties of a higher paying classification by the appropriate authority will be compensated at that higher rate when the work performed is one (1) hour or more in duration. 13.4 Tobacco Use. Tobacco use shall not be allowed in City vehicles or buildings. However, smoking is allowed in designated smoking areas. It is the intent of the parties to continue to comply with the City's tobacco use policy. 13.5 Probationarv Periods. Probationary periods upon promotion and/or new hire shall not exceed one (1) year and may not be extended without the written agreement of the Association. HoweVer, if the Association does not agree to extend the probation, the Chief of Police may terminate the probation SergeanYs promotion. A probationa.ry period shall be extended for the number of workdays equal to the number of workdays an employee was absent in excess of ten (10) workdays during the prbbationary period. During a promotional probationary period, an employee may be reverted to his/her former classification and such reversion shall not be subject to the grievance procedure. 13.6 Employees called in to work while on approved vacation or holiday off will be compensated at the appropriate overtime rate for hours worked and given credit for hours worked on their vacation/holiday time accounts. 13.7 Promotional Examinations: All promotions to positions outside of the bargaining unit shall be based solely on merit, efficiency, and fitness, ascertained by open competitive examination. Examinations shall fairly, objectively, and comprehensively test for qualifications for the position. A general description of the process and methods of examination (i,e. written, oral, assessment center, etc.) and identification of any portions for which a passing grade is required, weight assigned by the City to each component, minimum passing scores for any such portion, and minimum passing scores for the entire examination shall be included in the official examination notice, which shall be provided C:\USers�abarberlAppDafa\LOCaI\Microsoft\Windows\Temporary Intemet Files\Content.Outlook16GP1 K4Vl1CityProposedAubumSergeantGuild2016CBA101615.doc Page 20 of 36 to the Association and posted conspicuously in the police station not less than thirty (30) days prior to the examination. The examination shall be prepared and administered by persons who are qualified by reason of suitable career experience. The identities of all examination participants shall be concealed from the examiners thrbughout the examination process. The Association may designate an observer to attend the development and administration of the examination. The examiner(s) shall have the responsibility of ensuring that the observer does not disrupt the examination process. Any observer is required to honor the confidentiality of the examination. A promotional list shall be maintained by the City for each promotional position within the bargaining unit and each list shall be valid for one (1) ye.ar, with the possibility of an extension for another year for a maximum total of two (2) years. Upon request for certification of names to fill a vacancy, the Secretary-Chief Examiner shall certify to the Police Chief the five (5) names of the candidates standing highest on the appropriate eligibility list and willing to accept the posifion for which certification is made. Each appointment shall be made by the City, from one (1) of the top five (5) names on the list. After each regular appointment from the eligibility list, and employee shall serve a complete period of probation before appointment or promotion is complete. No new probationary period results from a transfer to a different shift or reduction of an employee virho previously completed a probationary period. The period of probation shall be twelve (12) calendar months from the date of appointment to a regular position. If an employee is absent from duty for a prolonged period during a probationary period and the Police Chief does not have a reasonable opportunity to evaluate the performance of an employee, the Police Chief may calculate the probationary period on the basis of twelve (12) calendar months of actual service, exclusive of time away on leave. The Association, and any employee it represents, shall appeal any alleged violation of the promotion process set forth herein through the grievance procedure and the collective bargaining agreement, rather than through the Civil Service Commission. Exclusive of the promotional exam proce.ss, the initial step in fhe grievance procedure shall be established as five (5) business days in order to coincide with above sections of this article. Any appeal of the promotion process not settled through 4he grievance procedure shall be reviewed by an arbitrator as to whether or not the City violated the procedures set forth herein. 13.8 An employee who engages in off-duty misconduct may be subject to discipline when: (1) the off-duty misconduct harms the City's reputation in the community; (2) the off-duty conduct adversely affects the employer's business operation; or (3) the conduct is inconsistent with the office that the Sergeant holds. ARTICLE 14— MANAGEMENT RIGHTS C:\Users\atiarberWppData\LOCaI\MicrosofllWindowslTemporary Intemet Files\ContentOutlook\6GP 7 K4VT1CityProposedAubumSergeantGuild2016CBAt 01615.doc Page 21 of 36 14.1 The Association recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. 14.2 The City has the right to schedule work, as required, in a manner most advantageous to the department and consistent with the requirements of municipal employment and the public safety. 14.3 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. 14.4 The City reserves the right to discharge or discipline an employee for just cause. The City reserves the right to lay off personnel for lack of funds, or for the occurrence of conditions beyond the control of the department. The Ciry reserves the right to determine reasonable schedules of work in accordance with Section 4.1 and to establish the methods or processes by which such work is performed. 14.5 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: a. The ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon ordinances adopted by the City Council, recommending an annual budget, or directing the prbper performance of all executive departments; b. The responsibility of the City Council for the enactment of ordinances and the appropriation of monies; a The legal responsibility of the Civil Service Commission, as provided by State Statue, subject to any applicable bargaining duty of the City and the terms of this Agreement. d. The responsibility of the Chief of Police and delegates governed by ordinances, Civil Service Rules, and/or Department Rules and as limited by the provisions of the Agreement; and provided that such actions do not affect mandatory subjects of bargaining: 1. To recruit, assign, transfer, and/or promote members to positions within the department. 2. To take disciplinary action against members for just cause; 3. To determine methods, means, and personnel necessary for departmental operations; C:\Users�abarbeMppData\Local\Microsok\Windows\Temporary Intemet Files\ContentOutlook\6GP 7 K4V'T�CiryProposedAUbumSergeantGufld2016CBA101615.doc Page 22 of 36 4. To control department budget; and 5. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. ARTICLE 15 — GRIEVANCE PROCEDURE 15.1 For purposes of this Agreement, the term "grievance" means any dispute between the Employer and the Association concerning an alleged breach or violation of this Agreement. Steo 1: Any alleged grievance shall be taken up with the employee's immediate supervisor within ten (10) working days of its alleged occurrence. The parties agree to make every effort to settle the grievance promptly at this level. In the event the grievance is unresolved, the Association and/or employee shall determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein within five (5) working days of the meeting with the employee's immediate supervisor. Should the employee choose to file an appeal with the Civil Service Commission, the employee shall provide the Chief of Police, Human Resources Director, and the Association with written notice of such election. Step 2: The grievance shall be reduced to written form by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail and remedy sought. The employee and/or the Association shall present the written grievanc.e to the Human Resources Director and the Chief of Police. The Chief of Police will conduct a meeting within five (5) working days of receipt of the written grievance. The Chief of Police shall make a decision on the matter in writing within ten (10) working days from such meeting. Copies of the Chiefs decision will be furnished to the aggrieved, Association representative, and Director of Human Resources. Grievances involving suspension, demotion, or discharge shall begin at Step 2. Step 3: Any grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to the Director of Human Resources, to be adjudicated by the Mayor, in writing within ten (10) working days whereupon the Mayor shall conduct an investigatory hearing within five (5) working days of the receipt of the written grievance. The Mayor shall render a decision within five (5) working days of such hearing. Step 4: Should the grievance not be resolved in Step 3 and should further consideration be desired by the grievant, a written notification•requesting arbitration must be filed with the Mayor within fourteen (14) working days. The parties shall mutually select a disinterested third party to serve as arbitrator. In the event the Employer and Associafion are unable to agree on an arbitrator, the arbitrator shall C:\Users\abarber�P,ppData\LOCaI\Microsok\Windows\Temporary Intemet Files\COntent.0utlook\6GP 7 K4V11CftyProposedAubumSergeantGuild2016CBA101615.tloc Page 23 of 36 be selected by the process of elimination from a panel of seven (7) arbitrators furnished by the American Arbitration Associafion (AAA). The AAA request shall state the issue. The arbitrator shall confne himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The arbifrator shall have jurisdiction and authority only to interpret, apply, and/or determine compliance with the specific terms of the Agreement and shall not add to, detract from, or alter in any way the provisions of this Agreement. The decision shall be fnal and binding upon both parties. Employee witnesses for both sides shall be given time off from work if they are othervvise scheduled fo work during the arbitration hearing fo testify in the proceedings. The parties shall evenly divide the costs of the Arbiter and any AAA service charges, with each party paying its own costs. If both parties desire a stenographic record, the expenses of the same shall be borne equally. If only one party desires a stenographic record, then that party shall pay the cost of the preparation of its own copy and one (1) for the Arbiter and the declining party shall not be provided a copy. 15.2 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Pending final decision of any grievance by any of the above procedures, work shall continue without interruption. 15.3 A grievance may be filed at a step above the level of the decision maker whose actions are being questioned but, in no case, may a grievance be filed above Step 3. ARTICLE 16 —WORK STOPPAGES 16.1 The City and the Association agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Association shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform customarily assigned duties, sick leave absence which is not bona fide, or other interference with City func4ions by employees under this Agreement and should same occur, #he Association agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage, if any of the above activities have occurred. ARTICLE 17 — BULLETIN BOARDS 17.1 Bulletin Boards. The City shall permit the reasonable use of bulletin boards by the Association for the posting of notices relating to official Association business. 17.2 Electronic Mail. The Police Association may use the City's electronic mail (email) for communications pertaining to Association business, i.e. meeting times, places, agendas, voting, election results, and various topics of Association business on C:\UserslabarberlAppDala\LOCaI\Microsoft\Windows\Temporary Intemel FileslContenCOuUook\6GP i K4 VT�CityProposetlAubumSergeanlGuild2016CBA1016�S.doc Page 24 of 36 issues effecting the administration of the collective bargaining agreement with the City of Auburn. Members will comply with City policy. E-Mail communications will not contain profanity, abusive language, or derogatory language of a discriminatory nature against individuals of a protected class. ARTICLE 18 — BILL OF RIGHTS 18.1 The employer retains the right to adopt rules for the operation of the Auburn Police Department and the conduct of its employees provided that such rules do not conflict with City ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement; and provided further that such rules do not affect mandatory subjects of bargaining. It is agreed that the Employer has the right to discipline, suspend, or discharge employees for just cause. a. In an effort to ensure that disciplinary interviews are conducted in a manner which is conducive to good order and discipline, the Association shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". A "disciplinary interview" shall mean questioning by a person in authority over an employee when the interviewer either knows or reasonably should know that the ques4ioning concerns a matter that could lead to suspension, demotion, or tertnination. b. Every employee who becomes the subject of a disciplinary interview shall be advised, in writing, a minimum of forty-eight (48) hours prior to the time of the interview that he/she is suspected of: 1. Committing a criminal offense; 2. Misconduct that would be grounds for termination, suspension, or demotion; and, 3. That he/she has the right to Union representation during the interview. c. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. Nothing in this Agreement, however, shall be deemed a waiver of an employee's right to Union representation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge. d. In criminal matters, employees will either be ortlered to answer questions or informed that fhey are not required to answer the employer's questions as a condi4ion of employment. C:\Users\abarberWppData\LOCaI\Mfcrosofl\Windows\Temporary Intemet Files\Content.0utlook\6GP 7 K4VT1CityProposedAuburnSergeantGuild2016CBA701615.doc Page 25 of 36 e. The employee shall be informed in writing as to whether helshe is a witness or suspect before any interview commences. f. The disciplinary interview of any employee shall be at a reasonable hour, unless the exigency of the interview dictates o4hervvise. Whenever possible, interviews shall be scheduled during the normal workday of the City. g. The employee or Employer may request that a disciplinary interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee, in a disciplinary interview, shall be provided an exact copy of any written statement he/she has signed, or of a verbatim transcript of any interview. h. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all disciplinary interviews, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing, before being interviewed. Such opportunity to contact and consult privately with a private attorney shall not unduly delay the disciplinary interview. The employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, meals, telephone calls, and/or rest periods. The employee may be represented by either a private attorney or the Association during the interview, but not both. i. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained in "2" herein. j. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. k. No employee shall be required to unwillingly submit to a polygraph test. I. Should any section, subsection, paragraph, sentence, clause, or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. C:\Users\abarberWppData\Local\Microsoft\Windows\Temporary Internet Files\ConlenLOutlook\6GP 1 K4V'f�CityProposedAubumSergeantGuild2016CBA101615.doc Page 26 of 36 m. The investigation shall be completed in a reasonable amount of time in light of the circumstances and discipline shall be imposed within a reasonable amount of time after the conclusion of the investigation. ARTICLE 19 — SAVINGS CLAUSE 19.1 If any article, or any portion of any article, of this Agreement or any addendum's thereto should be held invalid by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, 4he remainder of the Agreement and addendum's shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 20 — ENTIRE AGREEMENT 20.1 The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. ARTICLE 21 — RETENTION OF BENEFITS 21.1 This Agreement shall not operate to reduce any benefits specified in this Agreement which are now more favorably enjoyed by any of the employees covered herein. ARTICLE 22 — DRUG TESTING 22.1 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 prbhibited and may result in disciplinary action, including immediate termination. For the purpose of this Article, 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 provide written medical authorization to perform various essential job functions from a physician 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 beirig 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 C:\Users\abarber�AppData\local\Microsoft\Windows\Temporary Internet FileslContenLOutlook\6GP1 K4V11CityProposedAuburnSergeantGuild2016CBA10167 S.doc Page 27 of 36 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. 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 using illegal drugs, the employee in question will be asked to submit to discovery testing including, breath tests, urinalysis, and/or a blood screen to identify any involvement with alcohol or illegal 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 Artiele. For the purpose of administering this Article 4he following definition of terms is provided: Reasonable Suspicion — Reasonable suspicion is based on specific, objective facts and reasonable inferences from those facts in the light of experience that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee. Under the Influence — The following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for 4hese drugs or classes of drugs: (ng/ml) Test Level Amphetamines 1000 Barbitu�ates 300 Benzodiazepines 300 Cannabinoids 100 Cocaine metabolites 300 Methadone 300 Mefhaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 Level of the positive result for ethyl alcohol 0.04 gr/dl Illeqal Druc7s — Are defined as all forms of narcotics, depressants, stimularits, hallucinogens, and/or cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter-Druqs — Are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. C:\Users\abarberWppData\LOCaI\MicrosoR\Windows\Temporary Internet FileslConlenLOupook\6GP 1 K4V11CiJyProposedAUbumSergeantGuild2016C8A101615.doc Page 28�of 36 Prescriotion Drups — Are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. 22.2 If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given an opportunity to confer with an Association representative if one is readily available and the employee has requested said conference. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a pre.scribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee to the test administrator. The Employer and an 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/or bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the Employer, employee, and the Association representative and proper chain-of-custody procedures shall be followed. f. The collection and testing of the samples shall be performed only by a laboratory and by a physician or healthcare professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shail be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to between the Association and the Employer. The laboratory used shall also be one whose procedures are periodically tested in a program where they analyze unknown samples sent by an independent party. The results of such tests shall be made available to the Employer and 4he 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 aUwithin the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine the inifial test level is 25 ng/ml. C:\USers\abarberWppData\Local\Microsoft\Windows\Temporary Internel Files\Content.0utlook\6GP1 K4V11CiryProposedAuburnSergeanlGuild2016CBA101675.doc Page 29 of 36 Confirmatorv 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 h. 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 arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. i. The employee and the Association 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. 22.3 The parties shall designate a Medical Review Officer (MRO) to review all confirmed positive test results and communicate those results to 4he Employer. The MRO shall have the responsibility to determine when an individual has failed a drug te.st in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five (5) years and records of all negative tests for at least one (1) year. 22.4 If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, or reported to work while uhder the influence of alcohol, the employee may be subject to discipline including immediate discharge. C:\Users\abarberlAppData\Local\Microsok\Wintlows\Temporary Internel Files\Content.0utlook\6GP1 K4V11CityProposedAUbumSergeantGuild2016CBA101615.doc Page 30 of 36 ARTICLE 23 - DURATION 23.1 This Agreement shall become effective on Janua.ry 1, 2016 until December 31 , 2018. Signed this�day of , 2015, at Aubum, Washington. CITY OF AUBURN AUBURN POLICE ASSOCIATION By: By: ayor Aubum rgeants' Association By: _ Di ector of Human Resources BY��� City Clerk Approved As To Form: By ' y Atto n '\ � C:\Users�abarberWpp0atalLocalVNicrosoftlWindowslTemporary Intemet Files\ContenLOullook\6GP 7 K4Vl1CityProposedAubumSergeantGuiltl2076C8A10167 S.doc Page 31 of 36 � - Appendix "A" 2016 STRAIGHT-TIME HOURLY RATE OF PAY 2016 PAY PLAN One percent (1%) market adjustment plus an additional two percent (2%) wage increase for a total of three percent increase (3%) effective January 1, 2016. 2017 PAY PLAN One and a half percent (1.5%) wage increase effective January 1, 2017. Two percent (2%) wage increase effectiVe July 1, 2017. 2018 PAY PLAN Due to the uncertainty of Article 8 — Health and Welfare, Appendix A shall be reopened at the request of either party to negotiate for the purpose of arriving at a mutually satisfactory wage increase for 2018. C:\Users�abarber�AppData\Loca�Microsoft\Windows\Temporary Inlemet Files\ContenlOullook\6GP1 K4V1lCityProposedAutiumSergeanlGuild2016CBA101615.doc Page 32 of]6 - � Appendix "B" Department Issue — Police Officer: Five Uniform shirts APD Color and Style (minimum one must be long sleeve), choice of: Flying Cross Brand - Short Sleeve Wool - ifem UD70R9586 Flying Cross Brand - Long Sleeve Wool — item UD20W9586 Flying Cross Brand — Short Sleeve Poly/Rayon — item 98R3986 Flying Cross Brand — long Sleeve Poly/Rayon — item 48W3986 Three pair matching uniform trousers, one must be Class A pant: Flying Cross Brand - Wool pant with sap pocket - Item 32289 Flying Cross Brand - Poly/Rayon pant with no sap pocket - Item H39400 Flying Cross Brand - Poly/Rayon pant with sap pocket - Item 39489 One Dark Navy Blue uniform jumpsuit— Voucher method up to $450.00 One baseball style cap One uniform jacket One Ballistic protective vest One clip-on style tie One "Auburn Police" tie clip One riame plate, metal for uniform shirt One offcial badge One pair shoes — black leather, polished toe and heel. Voucher method up to $100.00 One pair boots— black leather, polished toe and heel. Voucher method up to $250.00 One duty equipment belt — Nylon or Leather One nylon or leather pants inner belt Fou� belt keepers for nylon or leather One Level Three pistol holster One magazine pouch One ASP baton One ASP baton holder Two pair handcuffs One long handcuff key One double handcuff case or two single cases One pair black leather gloves One portable radio holder One OC canister One OC holder One 12" Rechargeable Pelican flashlight with belt holder One folding knife (up to $70.00) One whistle Up to two metal citation folders (holders) One metal forms holder One nylon duty gear bag (up to $80.00) One Auburn police commission card C:\Users)abarberWppData\LOCaI\Microsok\Windows\Temporary Internet Files\Content.0utlook\6GP1 K4VT�CityProposedAuburnSergeantGuild2016CBA101615.doc Page 33 of 36 Special equipment is required for Sergeants assigned to these positions. They will be completely outFitted upon transfer(o these specialty assignments. Upon reassignment from the specialty unit, all issued equipment will be returned and, if serviceable, will be reissued. MOTORCYCLE: BICYCLE: One full-face motorcycle helmet w/chin-piece One bicycle helmet (Shoei Multitec LE) One "Ultrex`' type jacket with lettering One '/< face Arai motorcycle helmet and patches Two pairs eye protections (clear/sun) One pair "summer' bike riding gloves One Jacket with fleece liner One pair "winter" bike riding gloves Two pair leather gloves (summer/winter) Two pair"Ultrex" type winter pants Two pair motorcycle pants (summer) One pair"Supplex" type light weight Two pair motorcycle pants (winter) pants One pairof motorcycle rain pants Two pair "Supplex" type bike shorts Two "CoolMax" type bike shirts Twb pair eye protection (clear and sun shacJe) One pair bike shoes One whistle and lanyard One water bottle One Supplex jacket w/lettering & pafches Three pairs of Gortex type socks K-9 Unit: One pair boots (voucher method up to $250.00) Two jumpsuits Three turtleneck shirts DETECTIVES: Sergeants transferred to the Detective Division receive an annual clothing allowance to purchase and repair personal clothing items worn for duty which are not issued by the department. Generally, detectives will wear plain clothes consistent with current community business attire standards. Exceptions to this could include the type of assignment or unit supervisor approval. Upon transfer to the Detective Division, Sergeants will be issued the following equipment: One "Hidden Agenda" type raid jacket One baseball style cap with "POLICE" on front, black with white lettering One "CoolMax" type raid shirt — black with white lettering One concealed carry holster for duty pistol One concealed carry handcuff case One concealed carry uniform badge holder One or two concealed carry magazine holder(s) SWAT: Sergeants assigned to the Valley SRT will be issued the equipment and clothing required for that unit. An equipment and clothing list is as follows: C:Wsers\abarberWppDala\LocallMicrosoft\Windows\Temporary Internet Files\Content.0utlook\6GP 1 K4VilCityProposedAUbumSergeantGuild207 6CBA101615.doc Page 34 of 36 One set digital camo uniform One set black camo uniform One set subdued urban gray camo uniform with hat One 2" nylon pants belU One pair boots, black (voucher of up to $250.00) One fire resistant baklava (hood) One set "Gortex" type rain gear (top and bottom) One ballistic helmet, with cover One "Type 4" load bearing ballistic body armor, per requirements One pair "frisker' type cut resistant gloves, black One set elbow and knees pads, black per requirements One pair clear eye protection (goggles or impact resistant glasses) One holster for E.S.U. issue pistol One radio, radio holder, ear piece with P.T.T. system One Water Bladder(camel back style) One set ear protection One fixed blaiie utility knife One large deployment/equipment bag Gas mask with carrier CIVIL DISTURBANCE UNIT: Sergeants assigned to fhe C.D.U. will be supplied with the following equipment if it has not been issued prior. Kevlar Helmet with face shield Gas mask with carrier PR24 Five (5) "flex cuffs" Forearm pads Knee pads Shin guards Large equipment duffle bag Water Hydration Back Pack (Camelback Style) Black Nylon Rain Poncho Shoulder/Chest Protection System One Set of Black BDU style pants Honor Guard Sergeants assigned to the Honor Guard wiil be supplied with the following uniform items and equipment if it has not been issued prior: One Navy Blue "Ike Style" Jacket with silver or gold buttons, honor guard tabs and silver sleeve piping One pair Navy wool trousers with white stripes One matching round dress uniform hat One white shoulder ceremonial braid C:\Users\abarberWppData\LOCaI\Microsoh\Windows\Temporary Intemet Files\Conten[.Outlook\6GP 1 K4VTCityProposedAubumSergeantGuild2016CBA101615.doc Page 35 of 36 One silver or gold hat band One silver or gold whistle chain One white Flying Cross dress shirt, with epaulets One black neck tie, Velcrb neck secured One pair "Corafram style" dress shoes — One metal Honor Guard pin One set of"AP" insignia — silver or gold One Honor Guard embroidered grey "polo style" shirt One M-14 Rifle with 1 magazine One pair ceremonial white cotton gloves One pair ceremonial white cotton gloves with non slip fingers and palms EVOC Team Sergeants assigned to the EVOC Team will be supplied with the following uniform items and equipment if it has not been issued prior: One Polo Style shirt with EVOC Instructor Logo One GoRex solid red jacket with EVOC Instructor logo on the left chest area Crisis Communications Unit (CCU) Sergeants assigned to the CCU will be supplied with the following uniform items and equipment if it has not been issued prior: One pair of khaki 5-11 Tactical Pants One APD CCU Polo Shirt (yet to be designed) One Hidden Agentla jacket One Load-bearing equipment vest (black) One Nylon go-bag Ranqe Team Sergeants assigned to the range team will be supplied with the following uniforms items and equipment if it has not been issued prior: One Gortex solid red jacket with Auburn PD range logo on the left chest area. Crime Scene Team Sergeants assigned to the Crime Scene Team will be supplied with the following uniform items and equipment if it has not been issued prior: One black polo style shirt with "Crime Scene" identifiers One pair "5-11" style khaki or black trousers One utility carrying vest "5-11" style C:\Users\abarberWppData\Local\Microsoft\WlndowslTemporary Internet Files\Content.0utlook\6GP1 K4VTCityProposedAuburnSergeantGuild2016CBA101615.doc Page 36 of 36 ,P�si�� MEMORANDUM OFUNDERSTANDING By and Between CITY OF AUBURN And THE AUBURN POLICE SERGEANTS ASSOCIATION During recent negotiations, both parties discussed the potential for certain Sergeant assignments to include a vehicle that the Sergeants would be allowed to take home outside their regularly scheduled hours. THe City is willing, on a temporary trial basis, effective January 1, 2016, to allow a Sergeant currently in the SWAT assignment to take home an assigned vehicle outside their regular scheduled hours. This permission shall be on a trial basis through April 30, 20?6. If the City does not object, the.permission to take home the assigned vehicle may continue without the need for a new Memorandum of Understanding (MOU). The City reserves the right to discontinue the permission to take the assigned sergeant vehicle home at any time without cause. The City shall provide the Association seven (7) days' notice before changing 4he SergeanYs permission to take home the vehicle. The Sergeants Association shall not file a grievance if the City discontinues the take home permission for a specific Sergeant or for the entire group of assignments listed above. Furthermore, the City is not required to bac�ll an assigned vehicle in the event that the assigned vehicle is out of service or unavailable for use. Sergeants shall maintain their assigned vehicle in accordance to the standards and policies set forth by the City, and especially regarding the use of City- owned vehicles in City policy 200-18. If a Sergeant is scheduled to be out of work for longer than one workweek, he/she may be required to bring back the take home vehicle for the du�ation of the SergeanYs time away from work. For a Sergeant giyen a take-home vehicle, the maximum allowable commuting distance is 25 miles. This driving distance will be calculated from the employee's primary residential residence to the City limits of Auburn. Employees commuting in a City-owned vehicle must notify the Chiefs office, via tlie chain of command,when changing residences. This notification will include an updated mileage calcula4ion. If 4here is a questionable use of 4he vehicle, the employee shall discuss this usage with their immediate supervisor. All employees should be prepared to justify all vehicle usage. The employee shall not leave weapons and/or specialized equipment in 4he vehicle overnight. This MOU shall be non-precedent setting. Except as expressly amended herein, all other provisions of the current collective bargaining agreement belween the Ciry of Auburn and the Aubum Police Sergeants Association remain in full force and effect. � Signed this /,� rG day of �'.GGl�Jdh�?, 2015, at Auburn, Washington T� CITY OF AUBURN AUBURN POLICE SERGEANTS ASSOCIATION By:� � By: Rob Roscbe Daniel Director of Human Resources President ,eis S S/ �� MEMORANDUM OF UNDERSTANDING By and Between CITY OF AUBURN And THE AUBURN POLICE SERGEANTS ASSOCIATION During recent negotiations, both parties discussed the potential for certain Sergeant assignments to include a vehicle that the Sergeants �xti�uld be allowed to take home outside their regularly scheduled hours. The Police Chief is willing, on a temporary trial basis, effective January 1, 2016, to allow a Sergeant currently in the SWAT and Traffic assignments to take home an assigned vehicle outside,their regular scheduled hours. This permission sFiall be on a trial basis through April 30, 2016. If the City does not object, the permission to take home the assigned vehicle may continue without the need for a new Memorandum of Understanding (MOU). The City reserves the right to discontinue the permission to take the assigned sergeant vehicle.home,at any time without cause. The City shall provide the Association seven (7) days' notice before changing the SergeanYs permission to take home the vehicle. The Sergeants As§ociation shall nof file a ' grievance if the City discontinues the take home permission for a specific Sergeant o�for the entire, group of assignments listed above. Furthermore, the City is not required to backfijl an assigned vehicle in the event that the assigned vehicle is out of service or unavailable for use. Sergeants shall rriaintain their assigned vehicle in accordance to the standards and policies set forth by the City, and especially regarding the use of City- owned vehicles in Gity policy 200-18. If a Sergeant is scheduled to be out of work for longer than,one workweek, he/she may be required to bring back the take home vehicle for the duration of the SergeanYs time away from work. For a Sergeant given a take-home vehicle, the maximum allowable commuting distance is 25 miles. This driving distance will be calculated from the employee's primary residential residence to the City limits of Auburn. Employees commuting in a City-owned vehicle must notify the Chiefs office, via the chain of command,when changing residences. This notification wi�ll include an up"dated mileage calculation. If there is a questionable use of tlie vehicle, the employee shall discuss this usage with their immediate supervisor All employees should be prepared to justify all vehicle usage. The employee shall not leave weapons and/or specialized equipment in the vehicle overnight. ,� - This MOU shatl be non-precedent setting. This MOU shall supersede the MOU signed on December 15, 2015. Except as expressly amended herein, all other prov{sions of the current collective ba,rga,ining agreement tiehveen the City of Aubum and_the Aubum Police Sergeants Association remain in full force arid effect. � � Signed this�day of �G—!,� , 2016, at Auburn, Washington CITY OF AUBURN AUBURN POLICE SERGEANT$ASSOCIATION ,, . � By �� � ,. BY� - Rob Roscoe Daniel O'Nei Direct6r of Human Resources President �. � ., Yl Y .� i�if'!. 1Ltj} . _ � v • � j;^ . - � —:�--�� � � , a MENiORANDUiVi OF UNDERSTAIVDING ' � By and Between CITY OF AUBURN And THE AUBURN POLICE SERGEANTS ASSOCIATION The Ciry of Auburn (City) and the Aubum Police SERGEANTS Association (Association) are parties to the 2016-2018 collective bargaining agreement(CBA). Section 8.6, of the current CBA, has a portion that states, "The VEBA plan shall be funded by a semimonthly employee contribution of one percent (1%) base pay period salary. After December 31, 2017, all contributions to the VEBA plan will cease." Both parties agree to revise the CBA to allow the Sergeants to continue to make an employee contribution of one percent(1%) base pay period salary in 2018, and beyond, until the parties negotiate a successor agreement with corrected language. Then, the terms of the successor agreement shall apply. ; This MOU shall be non-precedent setting. Except as expressly amended herein, all other provisions of the current, collective bargaining agreement between the City of Aubum and the Auburn Police Sergeants Association�re-main in full force and effect. Signed this day of �--�f�rv:��kQ,.'� , 2018, at Auburn,Washington CITY OF AUBURN AUBURN POUCE ERGEANT ASSOCIATION � , By: By: Rob Roscoe J �i No de er Director of Human Resources/ resident Risk Management � � � . ; � � � �