HomeMy WebLinkAbout4948 RESOLUTION NO. 4 9 4 8
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 GUILD FOR 2013 — 2015
WHEREAS, the City of Auburn recognizes the Auburn Police Guild as
eth exclusive bargaining representative of all employees designated as
employees of the Auburn Police Guild; 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 2013 — 2015; 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 representatives; and
WHEREAS, it is appropriate for the City Council to approve the
Collective Bargaining Agreement for the years 2013 — 2015.
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 and the between the City of Auburn and the Auburn
Police Guild for the years 2013 — 2015, in substantial conformity with the
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Resolution No. 4948
May 2, 2013
Page 1 of 2
Agreement attached hereto, marked as Exhibit "A" and incorporated herein by
this reference.
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.
Dated and Signed this l day ofl-� , 2011.
Cl
PE R B. LE A
ATTEST:
Danielle E. Daskam, City Clerk
7 APPR VED AS TO FORM:
aniel B. Red, Cit o ney
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Resolution No. 4948
May 2, 2013
Page 2 of 2
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TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT............................................. 4
ARTICLE 2 - GUILD MEMBERSHIP AND DUES DEDUCTION.................................. 4
ARTICLE3 - GUILD ACTIVITIES................................................................................ 5
ARTICLE 4 - HOURS OF WORK AND OVERTIME.................................................... 5
ARTICLE 5 - CLASSIFICATIONS AND SALARIES .................................................... 9
ARTICLE6 - HOLIDAYS ........................................................................................... 11
ARTICLE7 -VACATIONS......................................................................................... 12
ARTICLE 8 - HEALTH AND WELFARE ..................................................................... 13
ARTICLE9 - PENSIONS........................................................................................... 16
ARTICLE 10 - JURY DUTY........................................................................................ 16
ARTICLE 11 - SICK, DISABILITY, BEREAVEMENT AND EMERGENCY LEAVE .... 16.
ARTICLE 12 - UNIFORMS AND CLOTHING ALLOWANCE...................................... 20
ARTICLE 13 - EMPLOYMENT PRACTICES.............................................................. 21
ARTICLE 14 - MANAGEMENT RIGHTS .................................................................... 23
ARTICLE 15 - GRIEVANCE PROCEDURE ............................................................... 24
ARTICLE 16 -WORK STOPPAGES.......................................................................... 26
ARTICLE 17 - BULLETIN BOARDS........................................................................... 26
ARTICLE 18 - BILL OF RIGHTS ................................................................................ 27
ARTICLE19 - SAVINGS CLAUSE............................................................................. 29
ARTICLE 20 - ENTIRE AGREEMENT........................................................................ 29
ARTICLE 21 - RETENTION OF BENEFITS ............................................................... 29
ARTICLE 22 - DRUG TESTING ................................................................................. 29
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INDEX CONTINUED
ARTICLE 23 - DURATION......................................................................................... 33
APPENDIX "A"............................................................................................................ 34
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AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN POLICE GUILD COMMISSIONED UNIT
2013-2015
This Agreement is between the City of Auburn (hereinafter called the "City") and the
Auburn Police Guild (hereinafter called the "Guild") 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
representative.
ARTICLE 1 — RECOGNITION AND BARGAINING UNIT
1.1 The City recognizes the Auburn Police Guild as the exclusive bargaining
representative for all active employees designated as Commissioned Law Enforcement
Police Officers, 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 2 — 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 initiate 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 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 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 form approved by the parties hereto and may be revoked by the
employee upon request.
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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 work processes. No Guild member or officer shall
conduct any Guild business apart from activities related to contract administration
on City time and no Guild meetings will be 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 that 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 processes 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 of Auburn, including mediation. Interest
arbitration hearings shall also be included under this provision, provided that
such leave shall not result in additional cost to 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 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 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 twenty (20) months on their
primary shift schedules and four (4) months on their alternate shift schedules.
4.3 Training:
a. Training will be scheduled during the employee's regular shift whenever
reasonably feasible.
b. If training cannot be reasonably scheduled during the employee's regular
shift, it will be scheduled so that employees have a minimum of eight (8)
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i
hours separation between the end of the employee's work shift and the
beginning of the training session. Similarly, there shall be a minimum of
eight (8) hours 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 provided further that any
days off must be rescheduled before the end of the pay period during
which the rescheduling occurred. The Police Officer may choose to
schedule his/her days off during the succeeding pay period upon approval
of the Police Chief, or his/her designee.
4.4 Overtime — Except as otherwise provided in this Article, employees shall be paid
at the rate of time one and one-half (1 '/2) 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. 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 his/her 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 Sergeant's level shall first be offered to Sergeants before it
is given to a Police Officer on an out-of-class basis.
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 the time earned.
Compensatory time shall be earned and accumulated at the rate of one and one-
half (1 '/2) 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 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
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(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 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)
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 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.
4.6 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 (1 Y2) 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 (1 Y2) 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 overtime 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 Standby — 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 four (4) hours straight time, whichever 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 circumstances warrant.
4.9 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
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employee shall be entitled to receive the minimum payments provided by this
Agreement, even if the court appearance is thereafter canceled.
4.10 Extra Duty — From time 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 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 (6) consecutive hours of separation between an
extra-duty assignment and a regular duty assignment. The six (6)
hours separation can be scheduled at either end of the extra-duty
assignment and the corresponding regular duty shifts. If the
employee performs two (2) consecutive 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 the employee's next scheduled regular shift
should two (2) consecutive days of extra-duty employment be
worked.
(4) The City and the Guild will periodically negotiate officers' rate of pay
for extra duty. Applicable taxes (federal withholding, 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 a minimum of one pay period before
implementation.
4.11 Daylight Savings 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 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 hour of paid time
off (e.g. vacation, compensatory time, holiday banked, etc., but not sick) at the
employee's discretion.
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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 the 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. 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. A guild representative may observe the assignment process.
5.3 Employees hired prior to January 1, 1996, assigned the job classification of
Patrol Officer after completion of six (6) months of employment, who have
completed 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%; 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. 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%. AA 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, AA
Degree names change and, at its sole discretion, will review the curriculum of
other like AA Degrees to determine if the content meets the intent of this
Agreement.
I
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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 and correct. The City will reimburse employees for cost of the transcripts,
provided the employee produces a receipt or copy of a canceled check.
Employees in the Guild will be eligible to receive tuition 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 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
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 Auburn 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 in the 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 meets the following criteria:
• Has prior commissioned experience with the Auburn Police Department; and
• separated from the City in good standing; and
• 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
Department prior to his/her break in service; and
• reapplied for a vacant police officer position within sixty (60) days of his/her
departure from the Auburn Police Department.
Then such police officer would be reinstated in whole as to the date of his/her
departure with the exception of seniority, including the following:
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• If not cashed out upon separation: sick leave hours banked, vacation leave
accrual and vacation leave hours banked; and
• specialty assignment pay will be restored if the former Auburn 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 created due to the officer's
departure exists upon rehire. All other specialty assignments sought would
follow MOS 4.2.2.A. Eligibility for promotions must follow Civil Service rules
for eligibility; and
• the probationary period will not apply; and
• the officer will enter the salary schedule of the collective bargaining
agreement in effect upon the date of rehire at the step commensurate with the
step he/she held prior to departure.
5.6 Lateral police officers who have a minimum of three and one-half (3 Y2) years of
commissioned experience, which includes a minimum of one and one-half (1 Y2)
years of continuous service with the Auburn Police Department, immediately
prior to the selection process, will be eligible to apply for a specialty assignment
and/or Sergeant testing. If no member of the collective bargaining unit applies
for the open specialty assignment, any member may apply.
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
President's Birthday Day After Thanksgiving
Memorial Day Christmas Day
Independence Day Martin Luther King Day
Labor Day
The above designated holidays shall begin at 0600 on the beginning of the
holiday and shall continue through 0630 of the following day.
6.2 An employee who is required to work any hours 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 his/her 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 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
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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-
required 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
President'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 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 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 half (1/2) 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.
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7.2 Normally, vacation leave must be taken within the year 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 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 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 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.
ARTICLE 8 — HEALTH AND WELFARE
8.1 A health care, dental 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 shall consist of:
a. No earlier than the first month after the date of ratification, Association of
Washington Cities/ Regence Blue Shield HealthFirst (zero deductible)
PPO Plan or Group Health
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 for those enrolled in
the Willamette Dental Plan.
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.
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In the event that the provider of the medical plan (The Association of Washington
Cities Employee Benefit Trust) discontinues offering the plan(s) or materially
alters the plan(s), the City and the Guild shall enter into immediate negotiations
for the purpose of arriving at a mutually satisfactory replacement medical plan(s).
The Guild 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 Guild 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 Guild
the impact of those decisions. The Guild will appoint one (1) member to the
City's Health Care Cost Containment Committee.
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'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. 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 shall
pay the premium up to a maximum amount the City would pay for the employee's
spouse and dependent(s) if the employee selected Regence HealthFirst (PPO),
whichever is less, with the employee paying the remaining amount of the monthly
premium for his/her spouse's and each dependent's medical insurance.
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 lawsuits 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 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
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Retirement contribution: All employees covered by 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 in 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.
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 attach to the
timecard 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 his/her designee,
prompt notice of call for jury duty. The employee is required to contact his/her
supervisor, who will make the determination. Employees are not required to
return to the City per diem received for jury duty from the Court.
ARTICLE 11 — SICK, DISABILITY, BEREAVEMENT AND EMERGENCY 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 maximum
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 incapacitating sickness or injury and for the period of disability resulting
from pregnancy or childbirth, or in accordance with the federal Family and
Medical Leave Act or Washington Family Care Act. Any employee found to have
abused sick leave by falsification or misrepresentation of same shall be subject
to disciplinary action. Employees shall take sick leave on an hourly basis.
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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. Family and Medical Leave 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) days or longer, or after three (3) single sick leave claims in any calendar
year or three (3) 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 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 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 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 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 step-parents.
11.5 An employee may use up to twelve (12) work weeks 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 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 his/her 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 Family and Medical Leave, 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
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leave will apply toward the twelve (12) workweek entitlement, and is not in
addition to the entitlement.
Upon return 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 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 provider may be required.
Care of a child, parent or spouse who has a serious or terminal health
condition, or to attend to a personal serious health condition.
Certification and/or second or third opinions by a health care provider may be
required for leave approval. Re-certification 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 medically necessary. The employee must provide medical
certification 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 collective bargaining unit 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 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
0-4 years 0% (except in the event of death occurring
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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 at the current rate of pay for unused accrued sick leave 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 at which time all sick
time accumulated by the employee in excess of 960 hours shall be paid at
twenty-five (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 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. 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 to 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.
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ARTICLE 12 — UNIFORMS AND CLOTHING ALLOWANCE
12.1 A five-member uniform and equipment committee is established to periodically
review the department issue equipment/uniforms. The committee will consist of
four (4) Guild representatives, with a minimum of one (1) representative from
Patrol and Detectives. Police Administration will provide the fifth representative.
Selection of the uniform/equipment committee will be by an agreement between
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 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 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
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 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 (4) uniform items cleaned
per week.
12.4 Non-uniformed personnel will be given a clothing allowance of one percent (1%)
per year of their monthly base pay monthly and are entitled to have up to four (4)
items dry 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-
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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 and will be issued clothing/equipment 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. If the averages are equal, rank order will be established in
accordance with Civil Service Rule 10.
13.2 Seniority. 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 Working 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 Probationary Periods. Probationary periods upon initial hire shall not exceed one
(1) year beginning upon completion 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 ten (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 subject to 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
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 within the bargaining unit shall be based solely on
merit, efficiency, and fitness — ascertained by open competitive examination.
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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 to the 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 process. The Guild 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 until such time as the examination results are
posted.
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 mutually 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 two (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.
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After each regular appointment from the eligibility list, an 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 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 department head does not have a
reasonable opportunity to evaluate the performance of an employee, the
department head may calculate the probationary period on the basis of twelve
(12) calendar months of actual 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 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 police officer holds.
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.
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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 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 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 his/her delegates
governed by ordinances, Civil Service Rules and 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 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;
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 Guild concerning an alleged breach or violation of
this Agreement.
Step 1: Any alleged grievance shall be taken up with the employee's immediate
supervisor and shift commander within ten (10) working days of its alleged
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occurrence. The parties agree to make every effort to settle the grievance
promptly at this level.
In the event the grievance is unresolved, the Guild 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 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 furnished 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
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 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 submitted to him/her. 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
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to 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 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 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 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 Guild for the posting of notices relating to official Guild business.
17.2 Electronic Mail. The Police Guild may use the City's electronic mail (E-Mail) for
communications pertaining 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
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.
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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 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 reasonably should know that
the questioning concerns a matter that could lead to suspension,
demotion, or termination.
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,
3. That he/she has the right to Guild 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 Guild 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 informed 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.
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f. The disciplinary interview of any employee shall be at a reasonable
hour, unless the exigency of the interview dictates otherwise.
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 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 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, 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
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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, the 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 prohibited and may
result in disciplinary action, including immediate termination. For the purpose of
this policy, substances that require a prescription or other written approval from a
licensed physician or dentist for their use shall also be included when used other
than as prescribed. Each employee must advise the Employer if they are using
prescription or other over-the-counter drugs they know or reasonably should
know may impair their ability to perform job functions and/or operate machinery
such as automobiles. Under appropriate circumstances the Employer may
request the employee 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
being identified as impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to
enforce the criminal laws. Moreover, the parties recognize the courts have held it
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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
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 Article.
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:
(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 ethyl alcohol 0.04 gr/dl
Illegal Drugs — Are defined as all forms of narcotics, depressants, stimulants,
hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized
use or possession is prohibited by law.
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Over-the-Counter-Drugs — 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.
Prescription Drugs — 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 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 to the test
administrator 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. The employer 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 local laboratory, hospital
or medical facility. The employer shall transport the employee to the
collection site. The employer and/or Guild representative may be allowed
to accompany the employee to the collection site and observe the bottling
and sealing of the specimen. The employee shall not be observed by the
employer when the urine specimen is given.
e. All specimen containers 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 test shall be one that is certified by the
National Institute of Drug Abuse (NIDA). The laboratory chosen must be
agreed to between 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 tests shall be made available to the employer and the Guild.
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g. If a specimen tests positive in an immunoassay screen test, the results
must be confirmed by a gas chromatography/mass spectrometry tests.
The specimen must show positive results at/within the following limits on
the GUMS (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
Codeine 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 sample of the specimen may be
requisitioned and sent to a laboratory chosen by the Guild for testing. The
cost of this test will be paid by the Guild or the employee. Failure to
exercise this option may not be considered as evidence in 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 Guild 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 the employer.
The MRO shall have the responsibility to determine when an individual has failed
a drug test in accordance with the standards enumerated herein. The MRO shall
retain all records of all positive tests for at least five (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 under the influence of
alcohol, the employee may be subject to discipline including immediate
discharge.
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ARTICLE 23 - DURATION
23.1 This Agreement shall become effective on January 1, 2013 until December 31,
2015.
Signed this�o day of , 2013, at Auburn, Washington.
CIT OF A AUBU POLICE GUILD
By: -' By:
l
Ma or
By: --
Di e r of Human Resources
By:
Cit Jerk
Approve s To Form:
By:
Attorney
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Appendix "A"
2013 STRAIGHT-TIME HOURLY RATE OF PAY
Pay Plan effective January 1, 2013, a two point eight percent (2.8%) wage increase
applied to the 2012 Commissioned Police salary schedules. Effective September 1,
2013, an additional two point eight percent (2.8%) wage increase.
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
1/11/13— 8/31/13 $28.49 $30.22 $32.00 $34.01 $36.02
2014 PAY PLAN
One and a half percent (1.5%) wage increase effective January 1, 2014. A one and
a half percent (1.5%) wage increase effective September 1, 2014.
2015 PAY PLAN
One and a half percent (1.5%) wage increase effective January 1, 2015. A one and
a half percent (1.5%) wage increase effective September 1, 2015.
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/�,Q.����g
MEMORANDUM OFUNDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE GUILD
The City of Auburn and the Auburn Police Guild are parties to the 2013-2015 collec4ive bargaining
agreement. During recent negotiations, both parties agreed to the following language:
6.1 The following eleven (11) days are designated as holidays:
New Year's Day Veteran's Day
Lincoln's BiRhday Thanksgiving Day
PresidenYs Birthday Day After Thanksgiving
Memorial Day Christmas Day
Independence Day MaRin Luther King Day
Labor Day
The above designated holidays shall begin at 0600 on 4he beginning of the holiday
and shall continue through 0630 of the following day.
Both parties agree to modify the contract to past practice so that the designated holiday will not
begin at 0600 on the beginning of the holiday and shall not continue through 0630 of the following
day. Rather, all employees that are required to work on a holiday will receive holiday pay if the
start of the employee's shift began on the holiday listed in Section 6.1. Furthermore, holiday pay
will continue if the Officer is required to work past his/her scheduled time.
For example, an Officer that is regularly scheduled to work a greveyard shift and works on
December 31s` begins his/her shift at 2030. The shift continues through 0630 on January 15'. This
Officer will not receive holiday pay. Houvever, that same Offcer works the same shift on January
151 and begins his/her shift at 2030 and works through 0630 on January 2n0. The Officer will be
compensated at the rate of two and one-half (2-1/2) times fhe employee's regular hourly rate of
pay for each hour worked inciusive of the pay for the holiday worked. In addition, if that Officer
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
Officer works overtime.
Except as expressly amended herein, all other provisions of the January 1, 2013, through
December 31, 2015, collective bargaining agreement between the City of Auburn and the Auburn
Police Guild remain in full force and effect.
Signed this �� day of � 2013, at Auburn, Washington
CITY OF AUBURN � POLICE GUILD
By: By: ! / .. .
r nda Heineman Dougla ini
Human Resources Director President
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MEMORANDUM OF UIVDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE GUILD
The drug K9 assignment has been vacant since June 1, 2013, and the intent of this MOU is for the
premium pay to be allocated to another area within the Police Guild. Therefore, both parties agree
to create a temporary detective assignment on a two-year rotation for the purpose of providing
police officers with the opportunity to gain training and exper'ience in investigative procedures. For
the incumbent that is selected into the newly created temporary detective assignment, he/she shall
receive premium pay in the amount of�two percent (2%) per Article 5.2 of the curtent collective
bargaining agreement. In addition, the incumbent shall receive a clothing allowance of one percent
(1%) per Article 12.4 of the current collective bargaining agreement.
The creation of the temporary detective assignment is in lieu of the currently vacant drug K9
assignment that receives premium pay in the amount of three percent (3%). If fhe Police Chief, or
designee, determines that there is a need to resfore the drug K9 assignment, the temporary
detective assignment will cease to exist, The City maintains the right to make the decision
regarding assignments and will meet for impact bargai�ing if the temporary detective assignment is
. eliminated.
Except as expressly amended herein, all other provisions of the January 1, 2013, through
December 31, 2015, collective bargaining agreement between the City of Aubum and the Auburn
Police Guild remain in full force and effect.
Signed this � day of ���— , 2013, at Auburn, Washington
CITY OF UBURN AUBURN POLICE GUILD
1
By. By: / " , ,
�,-,2 Brenda Heineman Dougla ini
Human Resources Director President
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MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE GUILD
The City of Auburn and the Aubum Police Guild are parties to the 2013-2015 coliective
bargaining agreement. During recent negotiations, both parties agreed to the following
language:
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 termina4ion of the
disa6ility, 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 benefd
shall only be granted prospectivety 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. 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 to the City
anytime loss benefds 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.
Both parties agree to modify the contract to eliminate the process of the employee
rec:eipting to the Ciry the employee's time loss checks and the City buying back the
employee's leave. To accomplish this, whenever an employee covered by the LEOFF II
� Retirement System is tem�orarilv totally disabled and unable to work as the proximate
result of an on-the job injury as covered and defined by Washington State Workers'
Compensation Industrial Insurance laws, the City will pay the employee his orher regula�
salary (kept on salary as defined by RCW 51_32.090) as if he or she had corrtinued to work
for a period not to exceed six (6) monfhs, or the termination of the disability, whichever
comes first. This benefit shall only be granted prospectiyely from the date Workers'
Compensation benefds are applied for, unless the employee fails to make timely
application because of physical incapacitation or for reasons beyond the employee's
control.
Except as expressly amended herein, all other provisions of the January 1, 2013, through
December 31, 2015, collective bargaining agreement between the City of Aubum and the
Aubum Police Guild remain in full force and effect.
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Signed this�day of � � , 2013, at Aubum, Washington
CITY OF AUBURN AUBURN POLICE GUILD
By: By: l � .
r n a Heineman Douglas Fa'
Director of Human Resources and President
Risk Management
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MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE GUILD
The City of Auburn (City) and the Auburn Police Guild (Guild) are parties to the 2013-2015 collective
bargaining agreement (CBA). During recent negotiations, both parties discussed the potential for the
detective assignment to work a 4 day a week 10 hours per day (4/10) work schedule.
Therefore, on a temporary trial basis, effective May 1, 2014, both parties agree that Police Officers
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 4/10 work schedule shall be on a trial basis through November
30, 2014. If Management does not object, the 4/10 work schedule may continue without the need for a
new Memorandum of Understanding (MOU).
The City requires minimum staffng levels, Monday through Friday, in order to efficiently operate the
4/10 work schedule. Therefore, volunta_ry time off shall not be granted when it would put the minimum
staffing levels below two (2) detectives for the entire Detective Division. Furthermore, the City is not
required to backfll for overtime if for some unforeseeable or uncontrollable reason minimum staffing
levels are not met.
While this MOU is in effect, detectives shall accrue and take 10-hour holidays. Detectives will observe
the holiday on the dates listed in Section 6.3 of the current CBA. When a holiday falls on a detective's
regularly scheduled day off, he/she shall bank ten (10) hours of holiday. Additionally, detectives are
considered non-required employees on holidays per Section 6.2 of the current CBA. Therefore, if a
detective elects to work on a hotiday, as set forth in Section 6.1, he/she shall be compensated at hisl
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 Guild shall not file a grievance if the Police Chief, or designee, discontinues the 4/10 work
schedule for a Police Officer or for the entire detective assignment. The Police Chief, or designee, shali
provide two (2) weeks notice when the decision is made to revert back to a fve (5) day on and two (2)
day off schedule or a 9/SO schedule. Furthermore, the Police Chief, or designee, may change the
detective's scheduled day off with seven (7) days notice.
This MOU shall be non-precedent setting. Except as expressly amended herein, all other provisions of
the January 1, 2013, through December 31, 2015, collective bargaining agreement between the City of
Auburn and the Auburn Police Guild remain in full force and effect.
Signed this��l day of_�!��, 2014, at Auburn, Washington
GTY OF UBURN AUBURN POLICE GUILD
By: By ' .
Ro Roscoe as F ' i
Interim Director of Human Resources/ Presiden�
Risk Management
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Memorandum of Understanding
Between
the Auburn Police Guild Commissioned Unit
and the City of Auburn
The Auburn Police Guild Commissioned Unit ( "Guild ") and the City of Auburn ( "City ")
(Sometimes collectively referred to herein as the "Parties') hereby agree to the following
Memorandum of Understanding ( "MOU ") which shall be made a part of the current collective
bargaining agreement ( "CBA ") between the Guild and the City in effect from Jan 1, 2013 to Dec
31, 2015. Any and all provisions of the CBA not directly affected by this MOU shall remain in full
force and effect.
Both Parties agree that the City must provide a service duty weapon to commissioned officers.
Currently the Police Department is in the process of changing the current issued Sig Sauer
handgun to a 9mm Glock handgun. This change will cause an unexpected impact to the
budget, and there may not be sufficient funds to provide all officers a Glock who may wish to
carry it.
The City and the Guild agree and amend the CBA as follows:
The Parties agree that the City will provide a Glock to any commissioned officer currently issued
a Sig Sauer, and who use this weapon as their primary weapon for service, maintaining current
qualifications for that Sig Sauer weapon. Both Parties agree that this change will occur
immediately upon the City transitioning to the Glock.
The Parties agree that any commissioned officer who does not have a Sig Sauer issued to
them, and who have chosen to carry a personally owned handgun as their sole primary weapon,
may not be issued a Glock for up to, but no later than, two years from the date of this agreement
in order to accommodate the demand by those officers who currently have been issued the Sig
Sauer as their primary weapon.
The Parties agree that in the event that a commissioned officer is involved in any incident that
requires their service weapon to be removed from the officer in the ordinary course of an
investigation, that the City will provide that commissioned officer with a Glock during this
transition period. An example of this would be an officer involved shooting.
This agreement shall take effect upon the City executing the transition from the Sig Sauer to the
Glock.
Signed this '3 k day of Or �V�` , 2014, at Auburn, Washington
CITY OF NVU
By:
Director of'Fluman Resources &
Risk/Property Management
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AUBURN POLICE GUILD
Doug as F i, re-sicWt
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