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HomeMy WebLinkAbout4713 - RESOWTION NO: 4 71 3. A RESOLUTION OF THE CITY COUNCIL OF THE _ CITY OF AUBURN, WASHINGTON, APPROVWG THE COLLECTIVE BARGAINING AGREEMENT , BE7INEEN THE CITY OF AUBURN AND THE AUBURN POLICE GUILD FOR 2011 - 2012 WHEREAS, the City of Aubum recognizes the Auburn Police Guild as the exclusive bargaining representative of all employees designated as employees of theAuburn Police Guild; and WHEREAS, in connection therewith, the City of Aubum and the management of, the Aubum.; Police have negotiated a Collective Bargaining Agreement for the years 2011-2012;. and WHEREAS; the Agreement sets forth the- mutual understanding and agreement of the parties relative to salaries and conditions of employment for those employees for whom the City recognizes the Auburn Police Guild as the collective bargaining representative; and WHEREAS, it is appropriate for the City Council to approve the Collective Bargaining Agreement for the years,2011-2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows:: , Section 1. The Mayor is hereby authorized to execute a Collective Bargaining Agreement by and between the City of Auburn and the Auburn Police Guild for the years 2011 - 2012, in substantial conformity with the Resolution No. 4713 June 14, 2011 Page 1 Agreement as set forth in Exhibit "A" attached hereto and incorporated by reference. Section2. The Mayor is hereby aufhorized to implement such administrative procedures as may be necessary to carry out the directions of _ this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. PASSED this- 20 day of e~ 2011. CITY OF AUBURN P R B. LEVUIS, MAY R - ATTEST: Dan elle E. Daskam, City Clerk APP VED S TO F7-- Waniel B., He , Attom y . Resolution Na.4713 June 14; 2011 Page 2 , . ► ' COLLECTIVE.BARGAINING AGREEMENT 2011-2012 THE CITY OF AUBURN AND AUBURN POLICE GUILD ~ ' . TABLE OF CONTENTS ARTICLE 1- RECOGNITION AND BARGAINING UNIT 4~ ARTICLE 2- GUILD MEMBERSHIP AND DUES DEDUCTION 4 ARTICLE 3- GUILD ACTIVITIES 5 ARTICLE 4- HOURS OF WORK AND OVERTIME 5 ARTICLE 5- CLASSIFICATIONSAND SAL.ARIES 9 ARTICLE 6 - HOLIDAYS 11 ARTICLE 7 - VACATIONS............................................................................................ 12 ARTICLE 8- HEALTH AND WELFARE 13 ARTICLE 9 - PENSIONS 15 ARTICLE 10 - JURY DUTY ..................................:.....................................................16 ARTICLE 11 - SICK, DISABILITY, BEREAVEMENT AND EMERGENCY LEAVE 16 ARTICLE 12 - UNIFORMS AND CLOTHING ALLOWANCE ....19 ARTICLE 13 - EMPLOYMENT PRACTICES 20 ARTICLE 14 - MANAGEMENT RIGHTS 23 ARTICLE 15 - GRIEVANCE PROCEDURE 24 _ ARTICLE 46 - WORK STOPPAGES 25 ARTICLE 17 - BULLETIN BOARDS 26 ARTICLE 18 - BILL OF RIGHTS 26 ARTICLE 19 - SAVINGS CLAUSE 28 ARTICLE 20 - ENTIRE AGREEMENT ........................................................................28 ARTICLE 21 - RETENTION OF BENEFITS 28 ARTICLE 22 - DRUG TESTING 28 Exhibit A, Resolution 4713 June 13, 2011 Page 2 of 33 L:\LEGALIRES1Res4713A.doc INDEX CONTINUED ARTICLE 23 - DURATION 32 . ~ , APPENDIX ``A» 33. Exhibit A, Resolution 4713 . June 13, 2011 Page 3 of 33 L:\LEGALU2ESiRes4713A.doc i ' AGREEMEiVT BY AIVD BETWEEN THE CITY OF AUBIJRN AND AUBURN POLICE GUILD COMMISSIONED UNIT 2011-2012 This Agreemenf is beiween the City of Aubum (hereinafter called the "City") and the Auburn Police Guild (hereinafter called the "Guildn) 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 Guild as the collective bargaining represenfative. ARTICLE 1- RECOGNITION AND BARGAINING UNIT 1.1. The City recognizes the Aubum Police Guild as the exclusive barga'ining cepresentative for all employees designated as Commissioned Law Enforcement Officers, rank of sergeant and below, excluding all other employees of the department, and' as certified by the Public Employees Relations Commission, Case No. 5520-E-84-993, December 27, 1984: ARTICLE Z- GUILD MEMBERSHIP AND DUES DEDUCTION - 2.1 Employees shall, as a condition of employment, either become members of the Guild or pay a service fee to the Guild within thirty-one (31) days of employment 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 Guild shall provide the employee and the City thirty (30) . days notification in writing of the Guild's request to inifiate discharge action and during this period the employee may make restitution in the amount .which is overdue. Should the employee make such restitution, the request for tlischarge 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 d_ ues uniformly required of members.of the Guild. The amount deducted shall, be transmitted monthly to the Guild on behalf of the employees involved. Authorization by the employee shall - be on a focm approved by the parties hereto and. may be revoked by the employee upon request. Exhibit A, Resolution 4713 • June 13, 2011 Page 4 of 33 L:ILEGAURESXRes4713A.doc ARTICLE 3 - GUILD ACTIVITIES . 3.1 The Business Representative of the Guild 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 wock processes. No Guild member or officer shall conduet any Guild business apart from activities celated to contract administration on City time and no Guild meetings will 6e held on City time. or premises unless authorized by the Chief of Police. Off duty meetings may be scheduled and held on City premises. . 3.2 The City agrees thafi employees covered by this Agreement shall not be ' discharged or discriminated against for upholding. Guild principles or for , performing duties authorized by the Guild, so long as these activities do not interfere with normal work process of the City. 3.3 The employer will attempt to allow such members of the Guild as may be designated by the Guild, not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of.the Guild negotiating team in labor negotiations with the City ofi Auburn, including mediation. Interest arbitration hearings shall also be included under this provision, provided that such leave shall not result in additional cost the City. 3.4 The Guild 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 Dutv - The Chief. of Pol,ice shall establish regular work schedules for the members of the barga'ining 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 schedul'ing of individual employees to shifts, it shall not be construed as a waiver of- the Guild's right to demand bargaining over City proposed changes in the length of the work shifts themselves. 4.2 Shift Schedule - Patrol employees shall work finrenty (20) months on their primary shift schedules and four (4) months on their alternate shift schedules. 4.3, Traininq: a. Training will be-scheduled during the. employee's regular shift whenever reasonably feasible. . b. If training cannot be reasonably sched,uled ducing the employee's regular shift, it will be scheduled so that employees have a minimum of eight Exhibit A, Resolution 4713 June 13, 2011 Page 5 of 33 L;\LEGALIRES\Res4713A.doc hours separation befinreen the end of the employee's work shift and the beginning of the training session. Similarly, there shall be a minimum of eight hours separation between #he end of the training session and the beginning of the employee's next scheduled shift. This requirement may ~ be waived upon the voluntary writfen 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 provided further that any days off must be rescheduled before the end of the pay, period during which the rescheduling occurred. 4.4 Overtime - Except as otherwise provided in this Article, employees shall 6e paid at the rate of time and one-half of their regular rates of pay 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 scheduled furlough day; and 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: 1n all cases to compute overtime, or pay at an overtime rate, the nearest one-quarter hour shalt be used. , Overtime work at the Sergeant's level~shall first be offered to sergeants befoce it , is given fo other bargaining unit members on an out-of-class basis.. Sergeanfs will notify their supervisor of the steps faken to fill the vacancy. There shall be no remedy-for violations of this :Section committed by a Sergeant. 4.5 Compensatory Time Payment for authorized overtime hours worked shall be pay or compensatory time at the employee's option, such option to be exercised at #he time earned. Compensatory time shall be earned and accumulated at the rate of one and one- half hours for each overtime hour worked; provided that the maximum allowable accrual shall be 120 hours of compensation. _ All compensatory time accumulated by an employee in excess ofi foity (40) hours as of the 15th 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 Exhibit A, Resolution 4713 June 13, 2011 Page 6 of 33 . L:\LEGAL\RESU2es4713A. doc (40) hours of accumulated compensatory time shall be carried past the 30th of . November. - , The parties agree that it is unduly disruptive to the operations of the. Aubum. •F Police Department for employees to give less. than forty-eighf (48) hours written notice of their intent to use up to two 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) consecutive 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 they _ obtain authorization from the Chief of Police or his/her designee. The parties agree #hat 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 had previously.been granted the day off, to come in to cover the shift. 4.6 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 his/her hourly regular rate. 4.7 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 -and one-half 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 time normal overtirne procedures will apply. Minimum court time shall be paid unless the court appearance cancellation information 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. 4.8 Standbv - The City and the Guild 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 :fo.ur (4) houcs sfraight time, whichevec is greater. Employee's who are "engaged to wait" 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 circumsfances warrant. 4.9 Cancellation of Court Appearance - When an employee. complies with all departmental procedures on #he day prior to a court appearance, and is notified on that date that the court appearance is stiU scheduled for the next day, the Exhibit A, Resolution 4713 June 13, 2011 Page 7 of 33 L:ILEGAL\RES\Res4713A.doc employee shall be entitled to receive the minimum payments proyided by this Agreement even if the court appearance is thereafter canceled. 4.10 Extra Dutv - From time to time, outside organizations/business may request specific support from" the City (e.g. security,, traffic control, etc.) thaf 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 officer. (2) Officers 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 consecutive hours of separation between an extra-duty assignment and a regular duty assignment. The six hours , separation can be scheduled at either : end of the extra-duty assignment and the corresponding regular duty shifts. If the employee performs two consecutive days of extra duty during the employee's regular work week, it is . mandafed that there. be a minimum eight (8) hour resfi period before the beginning of the nexfi consecutive duty shift. Similarly, there shalf be a minimum of eight hours separation befinreen the end of the .extra-duty~ employment and the beginning of the employee's next scheduled regular shift should iwo consecutive days of extra-duty employment be worked. (4) The City and the Guild wilk periodically negotiate officers' rate of pay for extra duty. Applicable taxes (federal withholding, FiCA, etc.) wilL be withheld from that amounf. Additional charges (i:e., L&I, employment taxes, pay at an overtime.- rate, minimum pay,. holiday pay, administration fees,, cancellation notice - charges, etc.) will kie . added to the bill rate for outside organizations to cove'r payment of those costs. (5) Finance will be provided a copy of all documents changing - negotiated rates of pay a minimum of one pay period before ' - implementation. 4.11 Daylight SaVinqs Time. Employees who work a longer shift when the clocks are moved back one hour to Pacific Daylight time in the fall will be paid for the time in excess of the employee's normal work day at the overtime rate. of pay. Employees who work shorter shifts when the clocks are rnoved 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 hour of paitl time off (e:g. vacation, compensatory time, holiday banked, etc., but not sick) at the employee's discretion. - ExhibR A, Resolution 4713 June 13, 2011 Page 8 of 33 LALEGAL\RES1Res4713A.doc 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 8th and 23rd of each month. 5:2. Premium pay in the amount of two percent (2%) shall be applied to the straight : time hourly base pay for each employee assigned to the Community Response Team. Premium pay in #he amount of three percent (3%) shall be applied to the straight-time hourly base rate for each employee assigned to each of the following specialties: Motorcycle Patrol, field Training Officer, K-9 Officer, -Bicycle : Patrol, Hostage Negotiator, and Valley SWAT. Premium pay in the amount of four percent (4%) shall be applied to the straight-time hourly base rate for each employee assigned to work as a detective in the Investigations Unit. Premium pay in the amount of six percent (6%) shall be applied to the straight- time hourly base rate -for each- employee,.assigned as Defensive Tactics Instructors. Premium pay in the amount of four percent (4%) shall be applied to the straight time hourly base wage for each Sergeant assigned to Property Crimes, Persons Crimes, SIU, Traffic, Valley SWAT, Inspectional Services, and Training. In . no event will any employee receive more than six percent (6%)- premium pay regardless of the number of specialty assignments he/she holds. a. The City will seek input from supervisory and command personnel before making assignments of personnel to the specialty assignments in Article 5.2 of the labor agreement, provided that the parties recognize that the Chief of Police retains the ultimate right to select which officers will be assigned to those duties. 5.3 Employees hired prior to January 1, 1996, assigned the job classification of Patrol Officer after completion of six (6) months of employment, or Sergeant, who have completecJ courses with a passing grade toward a job related 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%; AP► Degree - 6%. College credits are defined as those credits that could be applied as general education requirements towards eaming 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. 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: AA Degree 4%; BA Degree 6%. Employees with a bachelor°s degree in a non job related field shall receive 3%. Degrees for which the City will 'pay education incentive as currently listed are: Criminal Justice (Law & Justice, Society Justice) Sociology, Criminology, Psychology, Business, Political Science, and Public Administration. The City realizes that from time to time, degree names change and, at its sole Exhibit A, Resolution 4713 June 13, 2011 Page 9 of 33 LALEGAURES\Res4713A.doc discretion, will review the curriculum of other like degrees to determine if the content meets the intent of this Agreement. Education incentive pay shall be paid #o employees only after the City has - received an officiaF transcript from the educational: institution verifying the credits or degree received. Any official document from a pe[son 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 certifed as true and correct. The City will reimburse employees for cost of the transcripts, provided the employee produces a receipt or copy of acanceled check. Employees in the Auburn Police Guild will be eligible -to receive fuition reimbursement of a maximum of two thousand dollars ($2000.00) 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 alf 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 2.0% 3.5% ` 5.0% 6.5% 8.0% 9.0% 5.5 The parties agree that it is in the best interest of the Auburn Police Department and City of Aubum to be able to hire the most qualified lateral police officers. It is therefore agreed that future lateral police officers hired by the City of Auburn will enter the salary schedule of the collective bargaining agreement in effect upon date of hire, at the step commensurate with their level of experience as a commissioned police,officer at time of hire. This provision is intended only to set the beginning base salary for laterally hired police officers imthe future. It is not intended to change the current seniority definition in the City of Auburn Civil Service Rules, promotion eligibility, bidding practices, benefits accrual, or any other issue inadvertently not listed herein. ' Further, if the City rehires an officer who meetsthe following criteria: . • Has prior commissioned experience with the Auburn Police Departriment; and e separated from the City with good standing; and o has continued his/her law enforcement career with another law enforcement agency; and • had a minimum of four (4) years of continuous service with the Auburn Police Departmenf prior to his/her break in service; and. . • reapplied for' a vacant police officer position within 60 `days of his/her departure from the APD. Exhibit A, Resolution 4713 June 13, 2011 Page 10 of 33 L:ILEGALIRES\Res4713A.doc . Then such police off"icer would be reinstated in whole as to the date of his/her departure with the exception of seniority, including. the following: • If not cashed out upon separation: sick leav.e hours banked, vacation leave accrual and vacation leave hours banked; andi • specialty assignment pay will be restored if:thefiormer.Aubum officer resumes the specialty assignment prior to separation. To be eligible for the specialty assignment there must be no current eligibility list in effect for that assignment and the same opening that was creafed due fo the officer's departute exists upon re-hire. All ofher specialty assignments sought would #ollow MOS 4.2.2.A. Eligibility for promotions must follow Civil Senrice rules for eligibitity; and • the probationary period will not apply; and m the offieer will enter the salary schedule of the collective bargaining agreement in effect upon the date of re-hire, at the step commensurate with the step helshe held pi ror to departure. 5.6 'Effective January 1, 2009, lateral police officers who have a minimum of three and one-half (3.5) years of commissioned experience will be eligible to apply for a specialty assignment after.one and one-half (1:5) years of continuous service with the Auburn Police Department immediately prior to `the selection process. If no member of the collective bargaining unif applies for the open specialty assignment, any membet may apply. EffectiVe January 1, 2009, lateral police officers who have a minimum of three and one-half (3.5) years of commissioned. experience with the Aubum Police Department immediately prior to the testing process may apply for Sergeant testing. 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 Washington's Birthday - Day Affer Thanksgiving Memoriat Day Christmas Day Independence Day Martin Luther King Day Labor Day 6.2 An employee who is required to work on a designated holiday as set forth in Section 6.1 shall 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.. "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 8-hour shifts shall accrue and take eleven 8-hour holidays per calendar year and employees on 10-hour shifts shall accrue.and take eleven 10-hour holidays Exhibit A, Resolution 4713 June 13, 2011 Page 11 of 33 LALEGAL\RES\Res4713A.doc , 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 lisfed below or bank the holiday: ~ Employees may accrue up to a. maximum of 140 hours of holiday leave, but in no event shall an employee accumulate in excess ofi 140 hours unless,`through no fault of the employee he/she was not able to take the leave~., 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 Washington's 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. compensation for vested, unused holiday time. ARTICLE 7 - VACATIONS . 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 shalf 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 14 working days per year 6 to 10 years of continuous service 17 working days per year 11 to 15 years of continuous service 20 working days per year 16 to 20 years of continuous service 22 working days per year Over 21 years of continuous service 24 working days per year - Employees shall take vacation leave on a one half-hour basis. A"working day" shall be equal to eight (8) hours An employee .who terminates employment during the first six (6) months of employment shall not be entitled to accrued annual vacation leave or payment. Exhibit A, Resolution 4713 June 13, 2011 Page 12 of 33 L:ILEGALU2ES1Res4713A.doc 7:2 Normally; vacation leave must be #aken within the year, next succeeding the year, in which vacation leave credits are earned. Vacation leave credits shall not . normally be accumulative except where the Chief of Police determines that special circumstances exist justifying, an extended vacation: In no event shall an employee accumulate unused vacation leave in excess of iwo (2) year's annual , vacation leave. Payment for up to five days of accrued and unused vacation leave shall be made to an employee where the employee, through no fault of the emplo.yee, was nof able to take all of his/her accrued annual vacation leave during the year authorized. ' 7.3 Vacation leave shall be scheduled by seniority in each operational unit. 7.4 Employees who have `completed six (6) months of service and are separated from.employment shall be entitled to payment for vacation leave not taken that has accrued to. date of separation. In the event of the death of an employee in active service with the City, accrued vacation leave thafi 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. ARTICLE 8- HEALTH AND WELFARE 8.1 A health care, dentat care, orthodontics and life insurance program shall be granted to eligible employees and their dependents: Except for group medical insurance for spouse and children as provided in Section 8.2 herein, the cost shall be paid by the City. Said program sh_all consist of: a No .earlier than the first month after the date of ratification, Association of Washington Cities/Washington Physicians Service/Regence Blue Shield HealthFirst (zero deductible) Plan; b. The employee'.s choice of Washington Dental Service Plan F w/ - Orthodontia Plan 1; or the Willamette Dental Plan.. The City will pay up to what it pays for the.Washington Dental Service Plan F. c. Vision Services Eye Care; and d. Life Insurance with a death benefit level of $30,000. , The Guild agrees to continue to cooperate with the City in the.study of cost containment measures. The Guild will appoint one member of the Guild's negotiations team to the City's Health Care Cost Containment Committee. Exhibit A, Resolution 4713 June 13, 2011 Page 13 of 33 LALEGAURES\Res4713A.doc The City may change health insurance carriers in the event State law rnakes it necessary to change carriers. The Guild retains the right, upon timely request, to require the City to bargain the effects of the change in camers (including reductions in benefit levels) to the extent those effects'are mandatory subjects of bargaining. 8.2 Each employee. who ; enrolls his or her. spouse, or eligible children in AWC HealthFirst Plan shall pay ten percent (10%) of the premium cost each month. The City shall continue to make available the AWC Group Health (Plan 2-$10 co-pay) medical insurance plan for those individual LEOFF II employees who elect to enroll themselves and their dependents. The City's contribution toward medical insurance for spouse and children shall be a maximum of ninety percent :(90%) of what it would pay, of the applicable AWC HealthFirst Premium. 8.3 Domestic Partner Coverage: State registered domestic partners and eligible dependants enrolled in AWC HealthFirst 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 Indemnity and Defense: a. CIVIL CLAIMS: The Employer shall provide legal counsel or reasonable attorney's fees for representation and defense of civil iawsuifs and hold - employees harmless from any expenses, connected with the defense settlement or monetary judgments from such actions, claims; or proceedings arising out of or incident to acts and/or omissions occucring . while, the employee was acting in good faith in the perFormance or purported failure of perFormance of his/her o.fficial 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 misconducf for the purposes of this section. b. INQUESTS: In an Inquest called by the King County Executive (or delegate) arising out ofi the use of force, the employee shall meet with the City Attorney to discuss legal representation for the employee during the Inquest. Affer 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 tfiat 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. Exhibit A, Resolution 4713 June 13, 2011 Page 14 of 33 L:ILEGALIRES1Res4713A. doc 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 shalf be entitled to recover attorney's fees and cos.ts it has expended on the employee's behatf from the employee. . 8.5 . Disability Insurance The. employer shall provide for a mandatory. payroll deduction for..a LEOFF Il disability plan selected periodically and administered by the Guild. Participation shall be for all LEOFF. II employees and will begin from date of employment with the City of Auburn. 8.6 The CITY of AUBURN has adopfed the MSA VEBA Medical Reimbursement Plan for all. commissioned LEOFF II employees who do not have a military medical retirement- plan: The .City of Aubum agrees to pcovide a mandatory payroll deduction for this post Retirement Medical Insurance Trust, which shall be administered by the Guild. All contributions made on behalf of each eligible employee will be consistent. with the terms and conditions of the collective bargaining agreement in effect at the time the MOU was -signed, and based on the individual's annual base salary with one mid-year adjustment, if adjustment is needed: It: is understood that all defined eligible employees. wilF be required to sign and submit to the City of Aubum an MSA VEBA Membership Enrollment Form. The MSA VEBA Plan shall be funded by a semi-monthly contribution of 1% base . annual salary.. In add.ition, to the current semi-monthly contribution method of 1% of base annual salary; both parties agree to the following additional contribution method: Retirement contribution: All employees covered b.y this agreement, who retire from the City of Auburn, shall transfer unused accumulated sick leave in accordance with the terms of the collective bargaining agreement at the time of the signing, into the trust: The members ~ of the Commissioned Unit who are eligible to retire each year will vote on the provision each year prior to the year ih which they will retire. The . Guild will notify.Human Resources, in writing, of the results of the vote (yes or no on the provision and the percentage of contribution) each year no later than November 30th. This contribution will be paid into the trust through payroll deduction on the employee's check that includes the final sick leave cash out. 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. Exhibit A, Resolution 4713 June 13, 2011 Page 15 of 33 L:ILEGAURES\Res4713A.doc ARTICLE 10 - JURY DUTY 10:1 Time off with pay will be granted for jury duty. Employees shall be required to report for work for any portion 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. In order to be eligible: for such payments; the employee, must.fumish a written statement from the appropriate public official showing the date and time.~served and the amount of jury pay recovered. The employee must give the Chief of Police prompt notice of call for jury duty. - AIZTICLE 11 - SIClC, DISABILITY, BEREAVEMENT AND EAAERGENCY LEAVE . 11.1 Sick leave credit shall accumulate for eligible employees, at the rate of one (1) day, [i.e., eight (8) hours] per month. Sick leave is accumulative to a mazimum of one hundred twenty (120) days (i.e., 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 incapacifating sickness or injury and for the period of disability resulting from pregnancy or childbirth. Any employee found to have abused sick leave by falsification or misrepresentation of same shall be subject to disciplinary action. Eroployees shall take sick leave on an hourly basis. . 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.Jeave for three (3) days or longer, or after three (3) single sick leave claims in any calendar year or three consecutive days, which ever,occurs first. In requiring a physician's statement, the Chief, or his/her designee, shall do so for the purpose of ensucing 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 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 informed as.to their progress and potential date of retum to work. 11:4 An employee shall be allowed up to three (3) days. beceavement plus :three (3) - days chargeablesick leave for death in the immediate family requiring hislher presence upon approvaF of the Chief of Police. Immetliate 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 step-parents. 11.5 An employee may use up to twelve (12) work weeks of leave each year in accordance with the provisions of the Family Medical Leave Act (FMLA) as follows: Exhibit A, Resolution 4713 June 13, 2011 Page 16 of 33 L:ILEGAURES\Res4713A.doc An employee who has worked for the City at least twelve months, including at least 1250 hours in the last twelve months, may be entitled to 12 work weeks of paid/unpaid_leave in any finrelve-month period (1) to care for a newborn or newly adopted child. or newly placed foster child; (2) #o 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 his/her designee at Ieast.30 days . written notice. by completing a Leave Re.quest. Form, in advance of the anticipated date of 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 Family and Medical Leave, the employee must use all accrued, but unused leave, ineluding siek leave, vacation, compensatory time and. any other, paid leave accrued prior to using unpaid leave. Use of the above paid leave will apply toward the twelve (12) work week entitlement, and is not in addition to the entitlemenf. Upon return from the leave, - the employee is entitled to return to the same 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 : 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 12 work weeks 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 work week period.. Time loss due to disability pcior to or following giving birth will be assessed towards the twelve work week 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 health care provitler may be requi-red.: Care of a child, parent or spouse who has a serious or terminal health condition, or to attend #o a personal serious health condition. Certification _ and/or second or third opihions by a health care provider may be required for leave approval. Re-certifcation may be required every 30 days. A fitness for, duty certificate signed by the consulting physician may be required upon return from leave. Exh'ibit A, ReSOlution 4713 June 13, 2011 Page 17 of 33 L:ILEGAURES1Res4713A.doc Leave ~ may be requested and granted on an intermittent basis or on a reduced workweek schedule if inedically necessary. The- employee must provide medical certification witFi'in 15 days of the date requested. The employee must attempt to schedule hisJher intermittent or reduced leave so as not to disrupt the City's operation. . . 11.6 For employees hired into the collective bargaining unit prior to December 1, 1993, upon certification of disability retirement by the LEOFF 'Board,, tetirement, death or termination of good standing (not termination for cause) the employee shall be reimbursed at current rate of pay for unused accrued sick Jeave up to a maximum of 960 hours in accordance with the following schedule based on continuous years of service: Upon Completion of Percent of Accrued Years of Seniice - Unused Sick Leave - 0-4 years 0% (except in the evenf of death occurring in the line of duty, 25% of such employee's accrued unused sick leave shall be paid to the employee's,beneficiary:) . - 5-14 years 25% 15-24 years 50% 25 years and over 100% Employees hired into the collective bargaining unit after November 30, 1993; shall be reimbursed af tlie current rate of pay for unused accrued sick ieave up to a maximum of 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, death, or disability retirement, 35% 25 years and over With a minimum of 480 hours of banked, unused sick leave, upon separation from employment in good standing, 45% 11.7 When an employee has accumulated 960 hours (i.e., 120 days) of sick leave, ` sicK leave shall continue to accumulate at the normal rate of eight (8) hours, [i.e:, one (1) day] per month until the end of "the calendar year af which `time all sick Exhibit A, Resolution 4713 June 13, 2011 Page 18 of 33 L:\LEGAL\RES\Res4713A.doc time accumulated by the employee in excess of 960 hours shall be paid at 25% - of the employee's then hourly base rate. 11.8 When an employee covered by the LEOFF II. Retirement System is disabled as the proximate result of an on-the-job injury as covered by Washington State Workers' Compensation and Industrial Insurance, the City shall compensate the employee for the difference between his/her Workers' Compensation entitlement and his/her regular salary for. a period not to exceed six (6) months, or the termination of the disability, whichever comes first. To accomplish this, the City shall pay the employee -his/her regular salary for said period and the employee shall receipt to the City all time loss payments received from Workers' Compensation. This benefit shall only be granted prospectively frorn 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. Employees shall have the right to claim benefits for the portion of a disability. leave period prior to the date workers compensation . benefits are applied for by.receipting fo the City any time loss benefits the employee has received for that period. The City agrees to maintain this section in the contract and the Guild agrees to limit the sick leave cash out for new hires. ARTICLE 12 l1NIFORMS AND_.CLO.THING ALLOWANCE 12.1 A five-member uniform and equipment committee is established to periodically review the department issue equipmenUuniforms. The committee will consist of four (4) Guild representatives, with a minimum of one representative from Patrol, Detectives, and Sergeants. Police Administration will provide the fifth representative. Selection of the uniform/equipment committee will be by an agreement befinreen the Assistant Chief and the Guild 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 equipment/uniform 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 fo 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 #rom the designated supplier(s), including voucher items. Specialty units may utilize specialty outlets/sources for some equipment needs. 12.2 Uniformed officers will be on a Quartermaster System and will be issued their full compliment of uniforms/equipment according to the list of agreed upon items that Exhibit A, Resolution 4713 June 13, 2011 Page 19 of 33 - L:ILEGALIRESU2es4713A.doc . , may change frorn 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 and changed and signed by the ~signatory parties to this agreement). All uniforms/equipment are owned by 'the City. 12_3 Uniformed officers will be entitled to have up to four uniform items cleaned per week. 12:4 _ Non-Uniformed personnel will be given a clothing allowance of 1% per year of their monthly base pay monthly arid are entitled to have up to four items d_ry cleaned or may have three items dry cleaned and five shirts laundered per week - for maintenance of business attire. The Chief of Police will set the standards for appropriate : business attire for the Depaitment. 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 items dry cleaned or may have finro items dry cleaned and finro 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. Detectives will be on the_ Quartermaster System a:nd will be issued cloth i ng/eq u ipment according to the list of agreed upon items. ARTICLE 13 - EMPLOYMENT PRACTICES 13:1 LaYoff• . Whenever employees are appointed to a classification effective the same ~ date, seniority ,shall be established by the highest average on the total examination. ` 1f the averages are equal, rank order will be established in accordance with Civil Service Rule 10. 13:2 Seniori . Whenever employees are appointed to a classification effective the same date, seniority shall be established by the highesf average on the #otal 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 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 in effect as of May 7, 2001. ExhibiYA, Resolution 4713 June 13, 2011 . Page 20 of 33 L•1LEGAURES1Res4713A.doc 13.5 Probationary Periods. Probationary periods upon promotion shall not exceed one,year and may.not. be extended without,the written agreement of the Guild. Probationaryperiods upon, initial hire sha_II, not exceed one year beginning upon competition of the Basic Law Enforcement Academy and is not inclusive of time worked prior to or during the Basic Law Enforcement Academy. In addition, it shall not be extended without the written agreement of the Guild. A probationary - period shall. be extended for the number of. workdays equal to the number of . workdays an employee was absent in excess of 10 workdays during the probationary. period. During an employee's initial probationary period he/she may be discharged by the employer at will. and such discharge shall not be subjectto the grievance procedure. 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 eompensated 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 within 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 itlentification 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 to the union/guild and posted conspicuously in the police station not less than thirty (30) days prior to the examination. 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 throughout the, examination proeess. The Guild may designate an observer to attend the development and administ:ration of the examination. The examiner(s) shall have the responsibility ofi assuring that the observer does not disrupt the examination process. Any observer is required. to honor the confidentiality of the examination until such time as the examination -results are posted. ; ExhibitA, Resolution 4713 June 13, 2011 Page 21 of 33 LALEGALIRESU2es4713A.doc Candidates shall be allowed a period of five (5) business days following the completion of the examination, and prior to the posting of the -candidate's scores, in which each candidate may inspect his/her summary sheets and a Qualitative Evaluation form. A Qualitative Evaluation Form will provide the candidates with information related to their performance in all phases of'the testing process and is intended to be comprehensive and contain the same criteria for each phase of the testing process as the rating score sheets used by the assessors. The criteria and content of the Qualitative Evaluation Form will be rriutually agreed upon by the Guild observer and the City of Auburn. ' Candidates shall be prohibited from reproducing the documents inspected. 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) year, with the possibility of an extension for another year for a maximum total of (2) years. Upon request for certification of names to fill a vacancy, the Secretary-Chief Examiner shall certify to the department head the three (3) names of the candidates standing highest on the appropriate eligibility list and willing to accept the position for which certification is made. Each appointment shall be made by the City, from one (1) of the top three (3) names on the list. After each regular appointmentfrom 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 who previously completed a probationary period. The - petiod 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 department head does ,not have a reasonable' opportunity to evaluate the performance of an employee, the departrnent head may calculafe the probationary period on #he basis of twelve (12) calendar months of acfual service, exclusive of time away on leave. The Guild, 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 process; the initial.step in the 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 the grievance procedure shall be reviewed by an arbitrator as to whether or not the City violated the procedures set forth fierein. 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 police officer holds. Exhibit A, Resolution 4713 June 13, 2011 Page 22 of 33 L:1LE GALU2E SU2es4713A. d oc . , ARTICLE 14 -MANAGEMENT RIGHTS '14.1 The Guild 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 overtime 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 City shall have 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. 44.5 - No policies or procedures eovered 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 _ Officec of the "City .for enforcing the laws, of the Sfate and City, passing - upon ordinances adopted by -.#he . City Council, , recommending an annual budget or direeting the proper perFormance of all executive departments; b. The responsibility of the City Council for the. enactment of _ ordinances, the appropriation of monies; c. The legal responsibility of the Civil Seroice Commission, as provided, by :State Statue, subject . to any applicable bargaining duty of the City and the terms of this Agreement., d. The responsibilify of the Chief of Police and his/her delegates governed by ordinances, Civil Service Rules ' and Department Rules and ~as: limited by ~the pcovisions of the Agreement; and provided :that such actions do Aof effect mandatory subject of bargaining: . . 1. To recruit,' assign, transfer or promote members to positions within the department. Exhibit A, Resolution 4713 ' June 13, 2011 Page 23 of33 L:1L.EGALIRES1F2es4713A.doc 2. To take disciplinary action against members for just; cause; 3. To determine methods, means : and, personnel necessary for departmental operations; 4. To control department budget; and 5. To take whatever actions are necessaryin emergencies in order to assure the proper functioning of the department. ARTICLE _15 - GRIEVAINCE PROCEDURE 15:1 For purposes of this Agreement, the term "grievance" means any dispute - befinreen the Employer and the Guild concerning an alleged breach or violation of °this Agreement. Step 1: Any alleged grievance shall be taken up with the employee's immediafe supervisor and shift commander within ten (10) working days of its alleged occurrence. The parties agree to make every effort to settle the, grievance . , ' promptly at #his IeveL In the event the grievance is unresolved, the Guild and/oremployee 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 Guild 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 Guild shall present the written grievance to the Division Commander, 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 Chief s decision will be fumished to the aggrieved, Guild 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 Exhibit A, Resolution 4713 June 13, 2011 Page 24 of 33 L:ILEGACV2ES1Res4713A.doc 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 fo serv.e as arbitrator. In the event the Employer and Guild are unable to agree on an arbitrator, the arbitrator shall be selected by the process of elimination from,a panel of seven (7) arbitrators furnished by the American Arbitration Association_ (AAA). The AAA request shall state the issue. The arbitrator shall confine himself/herself.to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so , submitt ed to. himJhec. The arbitrator shall have jurisdiction and authority only to interpret, apply 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 final and binding upon both parties. Employee witnesses for both sides shall be given, time off from work.if they are otherwise scheduled to work, during the arbitration hearing to testify, in the proceedings. .The. parties _shall evenly divide the costs of the Arbiter and any AAA services charges, with each party paying its. own eosts. If both parties desire a stenographic record, the expenses of the same shall be borne equally. If on, ly one party-desires a stenographic record, then that party shall pay #he cost of the preparation of its own copy and one for the Arbiter and the declining parly 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 Guild 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 Guild 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 functions by employees under this Agreement and should same occur, the Guild agrees to take appropriate steps to end such inferFerence. Any concerted action by any Exhibit A, Resolution 4713 June 13, 2011 Page 25 of 33 L:ILEGAURES\Res4713A.doc ; 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 Guild for the posting of notices relating to official Guild business. 17.2 Elecfronic Mail. The Police Guild may use the City's electronic maif (E-Mail) for communications perCaining to Guild business, i.e. meeting times, places and agendas; voting, election results and various topics of Guild business on issues effecting the administration of the collectiVe bargaining agreement with the City of Aubum. 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. ARTICL" E 18 - BILL OF RIGHTS 18:1 The' employer retains the right to adopt - rules for the operation of #he Auburn ~ Police Department and the conduct of its employees provided that such rules do not 'conflict with City ordinances, City and `Sfafe Civil, Service Rules and Regulations as they exist, or any ~provision of this Agreement; and provided fuither 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 tliscipline; the. - Aubum Police Guild 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 ceasonably should know that the questioning concerns a matter that could lead to suspension, demotion, or termination. M b. Every employee who becomes the subject : of a disciplinary' ~ interview shall be advised, in writing, a minimum of 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, - Exhibit A, Resolution 4713 June 13, 2011 Page 26 of 33 L:XLEGAL\RES\Res4713A.doc 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, shalf 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 ordered to answer questions or infotmed that they are not required to answer the employer's questions as a condition of employment. e. ;The employee shall be informed in writing as to.whether he/she 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 otherwise. Whenever possible, intenriews 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 #he 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 inferview. h. Intenriewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all disciplina .ry~: interviews, the emplo.yee shall be afforded an opportunity and facilities to contacf. 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 disciplinaryinterview. The _employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, meals; telephone calls and rest . periods. The employee may be represented by either a private attorney or the Guild 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 actionunder one (1) or more of the categories contained in ``2" herein. Exhibit A, Resolution 4713 June 13, 2011 Page 27 of 33 L:\LEGAI:URES\Res4713A.doc i ' j. The employee will not be fhreatened 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. 1. Should any section, sub-section, 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. 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 ofi the investigation. ARTICLE 19 - SAVINGS C9..AUSE 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 compefent jurisdiction, or if compliance with or enfoccement of any article should be restrained by such fribunal, the remainder of the Agreement and addendum's shall not be affeeted thereby . and the parfies shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 20 - ENTIRE AGREEMENlT ' 20.1 The Agreement expressed herein in writing constitutes tlie entire Agreement befinreen the parties and no oral statement shall add to or supersede ariy of its provisions. ARTICLE 21 - RETENTION OF BENEFITS . . 21.1 This Agreement shall not operate to reduce any benefits specified in this Agreement which ace now more favorably enjoyed by any of the employees covered herein. A92TICLE 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 prohibited and may result in disciplinary action, including immediate termination. For the purpose of Exhibit A, Resolution 4713 June 13, 2011 . Page 28 of 33 L:ILEGALIRES\Res4713A.doc this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise #he Employer if they are using prescription or other over-fhe-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 shalf not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize #he courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. 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 dcugs, 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 thisArticle. For the purpose of administering this Article the 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 these drugs or classes of drugs: Exhibit A, Resolution 4713 June 13, 2011 Page 29 of 33 , LALEGALU2ES1Res4713A.doc (ng/ml) `Test Level. Amphetamines 1000 Barbiturates 300 . Benzodiazepines 300 Cannabinoids 100 Cocaine metabolites 300 Methadone 300 Methadone 300 Methaqualone , 300 Opiates (Codeine) 300 ` Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene - 300 Level of the positive result for ethyt alcohol 0.04 gr/dl Illegal Drugs - Are defined as all forms of narcotics, depressants, sfimulants, hallucinogens, and cannabis, which sale, purchase; transfer, or unauthorized use or possession is prohibited by law., Over-the-Counter-Druas - 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 safety perform the employee's duties. Prescription Druqs - Are defined as those drugs which are used in #he course of medical treatmenY 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. a Guild 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. prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the ; employee to the test administrator. The Emp;loyer and a Guild 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 locaf laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Guild representative.may be allowed to accompany the employee to the collection site and observe the bottling Exhibit A, Resolution 4713 June 13, 2011 Page 30 of 33 L: \LEGAURES\Res4713A.doc . . and sealing of the specimen. The; employee.shall not be observed by the Employer when the urine specimen is given: e. All specimen containers and vials and bags used to transport the specimen shall be sealed to .safeguard their integrity, in the presence of the Employer, employee and the Guild 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 health care professional_.qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the tesf shall be. one that is certified by :the National Instifute of Drug Abuse (NIDA). The laboratory chosen must be agreed to befinreen the Guild 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 #ests shall be made available to the Employer and the Guild. g. If a specimen tests positive in an 'immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen musf show positive results at/within 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 initial test level is 25 ng/ml. . . . . Confirmatory Test Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/ml Codine 300 ng/ml Phencyclidine 25 ng/ml . Amphetamines Amphetamine 500 ng/ml.._ Methamphetamine 500 ng/ml h. At the employee's or the Guild's option, a sarriple of the specimen may,tie requisitioned and senf to a laboratory chosen by the Guild for testing: The cost of this test will be 'paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in arbitration or other proceeding conceming the drug tesf or its consequences. The results of this second tesf shall be proyided to#he City. Exhibit A, Resolution 4713 June 13, 2011. Page 31 of 33 L:ILEGAL\RESRes4713A.doc i. The employee and the"Guild shall- be informed'of the results ofi all tests, and provided with all documentation regarding the tests as soon as the test resulfs 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 the Employer. The MRO shall haVe the responsibility to determine wlien an individual has failed a drug test in accordance with the standards enumerated tierein. The MRO shall retain all record_s of all positive tests for at least five years and records of all negative tests for at Jeast one year. . 22.4 If the results of the drug test are positive, and support a conclusion that the -ployee used a "`n illegal drug, or reported to work while under the influence of em - alcohol; the -employee may be subjeet to discipline including immediate ' discharge. ARTICLE 23 - DURATION 23.1 `This agreement shall become effective on January 1, 2011 until December 31, 2012. ~ . ~ Signed this ,74~ay of , 2011, at Auburn, Washington. CITY OF AUBURN AUBURN POLICE GUILD. By: By: °r ector of Human Resources By:~ dZl! ~ City Clerk Approved s o Form: By: . ity Attorney Exhibit A, Resolution 4713 June 13, 2011 - Page 32 of 33 LALEGALIRES1Res4713A.doc ' A►PPendix "A" 2011 STRAIGHT-TIME HOURLY RATE OF PAY Section 1; Pay Plan effective January 1, 2011; 0.0% COLA applied to the 2010 Commissioned Police and Sergeant salary schedules. CLASSIFICATION HOURLY RATES OF PAY 0-6 Mos 7-18 Mos 19-30 Mos 31,42 Mos 43 Mos+ Position Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer 1%1/11-12/31/11 $27.71 $29.40 $31.13 $33.09 $35.04 Sergeant 1/1/11 -12l31/11 $40.79 2011 PAY PLAN Zero percent (0%) wage increase for 2011 2012 PAY PLAN Zero percent (0%) wage increase for 2012. Exhibit A, Resolution 4713 ' June 13,2011 Page 33 of 33 L:\LEGALU2ES1Res4713A.doc MEMORANDUM OF UNDERSTANDING (MOU) Between the CITY OF AUBURN (City) and the AUBURN POLICE GUILD COMISSIONED UNIT (Guild) On July 2, 2012, the City assigned Guild represented employee Sam Betz (Betz) as a Narcotics Detective in the Special Investigations Unit(SIU). Prior to his assignmeM as a Narcotics Detective, Betz was a K9 Patrbl Officer with assigned K9 "Bodi" After selecting Betz as a Narcotics Detective, without bargaining with the Guild, the Police Administration decided to allow Detective Betz to continue to be K9 Bodi's handler, which allows handler Betr to utilize K9 Bodi in his new special assignment position as a Narcotics Detective. The Guild is the state certified and recognized PECBA represerrtative of Detective Betz The Guild filed a ULP for fhe City's unilateral actions as the Guild disputes the Ciry's right to make this assignment unilaterally The City denies the allegations set forth in the ULP Given the uniqueness of the situation and the mutual desire of the parties to atlow Betz to serve as a K9 handler in his detecGve position, the parties agree to formally resolve this dispute as follows: Be�w'ill serve as a K9 handler in his detective position in this special arcumstance uMil the City makes a new or different assignment for Be�or the City decides to add an additiorial patrol K9. Neither the City nor the Guild may cite to or rely upon this special arcumstance and MOU as precedent in any future situation and the parties agree and understand that a new position (SIU Narcotic K9 Detective) is not being cxeabed, nor is a new SIU Narcotic K9 Detective position created as a result of this MOU. On a daily basis Bodi will be crated either in a vehicle with Betz on in the SIU office. When Betz is not in the field, Bodi will be crated in the SIU office with Betz. On the rare occasion that SIU is doing an operation where it may not be ideal for Bodi to be with the SIU, Bodi can be crated and remain in the SIU office. The City will purchase and provide two (2) crates (vehicle and SIU office) and accompanying aa;essories necessary to crate K9 Bodi. This MOU will be submitted to PERC by the Guild as a stipulated setUement and resolution of ULP case 25145-U-12-6442. It is agreed this�_�" day of November, 2012. For the Aubum Police Guild For e City of Aubum � �l / `f�� Z (Date) (Date) City of Aubum/Aubum Police Guild SN K-9 MOU FINAL 111412 I