HomeMy WebLinkAbout4957 RESOLUTION NO. 4 9 5 T
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE COLLECTIVE' BARGAINING AGREEMENT
BE'TWEEN THE CITY OF AUBURN AND THE
_
AUBURN POLICE SERGEANTS' ASSOCIATION
WHEREAS, the City of Aubum recognizes the Aubum Police Sergeants'
Assoaation as the exclusion bargaining representative for all active employees
designated as Commissioned Law Enforceme� Offices, rank of Sergeant;
excluding all other employees of the departrnerrt and as certfied by the Public
Employees Relations Commissions Case No. 25190-E-12-03750; 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 2013 —2015; and
WHEREAS, the Agreement sets forth the mutual understanding and
agreement aF the parties relative to salaries and conditions of employment for
those employees for whom the City recognizes the Auburn Police Sergeants'
Association as the collective bargaining representatives; and
WHEREAS, it is appropriate for the City Council to approve the Auburn
Police Sergeants' Collective Bargaining Agreement for the years 2013—2015.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OFAUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No.4957
May 14, 2013
Page 1 of 2
Section 7. The Mayor is hereby authorized to execute a Collective
Bargaining Agreement by and the between the Ciry ofiAubum and the Aubum
Police Sergeants' Collective Bargaining.Agreement for the years 2013 — 2015,
in substantial conformiiy with the Agreement attached hereto, marked as Exhibit
"A° and incorporated herein by this refe�ence.
Section 2. The Mayor is hereby authorized to implemerrt such
administrative procedures as may be necessary to carry out the directives of
fhis legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this o�4�day of � , 2013.
n
�
PE ER B. LEWIS, MAYOR
ATTEST:
Da ' le . Da"skam, City CIeFk
APPROVED AS TO FORM:
niel B. Hei , City ttomey _._
Resolution No. 4957
May 14, 2013
Page 2 of 2
� .._
COLLECTNE BARGAINING AGREEMENT 2013-2075
THE CITY OF AUBURN
AND
AUBURN POLICE SERGEANTS' ASSOCIATION
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT............................................. 4
ARTICLE 2 -ASSOCIATION MEMBERSHIP AND DUES DEDUCTION .................... 4
ARTICLE 3 -ASSOCIATION ACTIVITIES .................................................................. 5
ARTICLE 4 - HOURS OF WORK AND OVERTIME.................................................... 5
ARTIGLE 5 - CLASSIFICATIONS AND SALARIES.......:.....:.....:.....:..:..:.....:............... 8
ARTICLE6 - HOLIDAYS............................................................................................ 10
ARTICLE7 -VACATIONS......................................................................................... 11
ARTICLE 8- HEALTH AND WELFARE .:.....:.......:..:.................................................. 11
ARTICLE 9- PENSIONS........................................................................................... 14
ARTICLE 10 - JURY DUTY .............................................................:.....:....:.....:.....:... 14
ARTICLE 11 - SICK, DISABILITY, BEREAVEMENT AND EIv1ERGENCY LEAVE .... 14
ARTICLE 12 - UNIFORMS AND CLOTHING ALLOWANCE........,.......,.,................... 18
ARTICLE 13 - EMPLOYMENT PRACTICES...........:..........:.....:.....:..:........................ 19
ARTICLE 14 - MANAGEMENT RIGHTS ................................................................,...:21
ARTICLE 15 - GRIEVANCE PROCEDURE.............:.:..:...........:.................................22
ARTICLE 16 -WORK STOPPAGES ..........................................................................23
ARTICLE 17 - BUCLETIN BOARDS ...........:.....:..:..:...........:.....:.................................24
ARTICLE18 - BILL OF RIGHTS.................................................................................24
ARTICLE19 - SAVINGS CLAUSE ............................................................,...........,....26
ARTICLE 20 - ENTIRE AGREEMENT.......................................::.....:..:....:.................26
ARTICLE 21 - RETENTION OF BENEFITS ...............................................................26
ARTICLE 22 - DRUG TESTING .................................................................................26
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INDEX CONTINUED'
ARTICLE 23- DURATION......................................:....................:...........:.....:.........:.30
APPENDIX ��A,�............................................................................................................ 3T
APPENDIX ��B...:..:...:..:..:..........:.....:....:........................:..............................................32
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'' AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN SERGEANTS' ASSOCIATION
2013-2015
This Agreement is beiween the City of Aubum (hereinafter called the "City") and fhe
Aubum Police Sergeants' Association (hereinafter called 4he "Association") for the
purposes of setting forfh the mutual understanding of the parties as to conditions of
employment for those employee.s for whom the City recognizes the Association as the
collective bargaining representative.
ARTICLE 1— RECOGNITION AND BARGAINING UNIT
1.1 The City recognizes 1he Auburn Police Sergeants' Association as the exclusive
bargaining representative for all active employees designated as Commissioned Lavir
Enforcement Officers, rank of Sergeant, excluding all other employees of the department,
and as cert�ed by the Public Employees Relations Commission Case No. 25190-E-12-
03750.
ARTICLE 2 —ASSOCIATIONASSOCIATION MEMBERSHIP AND DUES DEDUCTION
2.1 Employees shall, as a condition of employment, either become members of the
Association or pay a service fee to the Association within thirty-one (31) days of
employme�t or within thirty-one (31) days of the execution date of this AgreemeM.
2.2 Failure by an employee fo abide by the above provisions shaU constitute cause for
discharge of such employee provided that when an employee fails to fu�ll the
above obligation, the Association shall provide the employee a_nd the City thirty (30)
days notification in writing of the Association's request to initiate discharge action.
During this period, the employee may make restitution in the amount which is
overdue. Should 4he employee make such restitution, the request fo� 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 mon4hly dues uniformly required of
members of the Association. The amount deducted shall be transmitted monthly to
the Association on behalf of the employees involved. Authorization by the
employee shall'be on a form approved by the parties hereto and may be revoked by
the employee upon reguest:
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ARTIGLE 3—ASSOGIATIONASSOGIATION ACTIVITIES
3.1 The Business Representafive of the Association shall be allowed access to all
facilities of 4he City wherein the employees covered under this contract may be
working for the purposes of investigating grievances, provided such Representative
does not interFere with the normal work processes. No Association member shall
conduct any Association business apart from activities related to contract
administration on City time and no Association meetings will be held on City time or
premises unless authorized by the Chief of Police, or designee. Off duty meetings
may be scheduled and held on Ciry premises.
3:2 The City agrees that employees covered by this Agreement shall not be discharged
or di§criminated againstfor upholding Associatiom principles or forperfoRning duties
authorized by the Associa4ion, 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 Association as may be
designated 6y the Association, notto exceed three (3), leave from duty without loss
of pay for the purposes of direct participation as members of the Association
negotiating team in labor negotiations with the City of Aubum, 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 Association shall have access and use of a copy machine through City
Administration at $.15 per copy.
ARTICLE 4— HOURS OF WORK AND OVERTIME.
4:1 Hours of Duty —The Chiefi 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 indivitlual employees to shifts, it sHall not be
construed as a waiver of the Association's right to demand bargaining over City
proposed changes in the length of the work shifts themselves.
4.2 Shift Schedule — Patrol Sergeants shall work triventy (20) months on their primary
shift schedules and four (4) months on their altemate shift schedules. Shift bids
shall be awarded based on seniority within the Sergeant class�cation.
4.3 Trainin :
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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hours of 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 of sepa�ation 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 Sergeant may choose to schedule his/her
days off during the succeeding pay period upon approval of the Police Chief,
or 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 %z) of their regular rates of pay as defined by the
FLSA for:
a. All hours worked outside the regularty 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 4han seven (7) calendar days in advance of the shift change
from the employee's regular shift is given to the employee.
All overtime must be authorized by the Chief of Police, or designee. In all cases to
compute overtime, or pay at an overtime rate, the nea�est one-quarter (1/4) hour
shall be used.
Overtime work aYthe SergeanYs level shall first be offered to Sergeants before it is
given to a Police Officer on an out-of-class basis. Sergeants will notify their
supervisor of the steps taken to fill the vacancy. There shall be no remedy for
violations of this Section committed by a Sergeant. �
4.5 Comnensatorv 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-
haff (1%:) hours for each overtime hour worked; provided that the maximum
allowable accrual shall be one hundred and twenty (120) hours ofcompensation.
All compensatory time accumulated by an employee in excess of forty (40) hours as
of the 1b�h of November shall be paid at the employee's then current rate of pay at
the last payday of November. At the option of the employee, any or all of the
remaining forty (40) hours may be paid at that time, but no more than forty (40)
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hours of accumulated compensatory time shall be carried past the 30"' of
November.
The parties agree that it is unduly disruptive to the operations of the Auburn Police
Department for employees to give less than forty-eight (48) hours written notice of
their intent to use up to two (2) days of compensatory time off and an additional day
of notice for every consecutive compensatory day off thereafter. This section shalf
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 designee.
The parties agree that it is unduly disruptive for employees to request the use ofi
compensatory time off on any recognized holiday as set forth in Article 6 Section 1,
when the granting of such time off would requiYe 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 Y:) 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%:) 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
couct attendance, paid time shall be based on portal-to-portal from the Aubum
Police.Department to the court and return..
4.8 Standbv—The Ciry and the Association agree that the use of standby time shall be
cdnsistent 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#he 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 A�aearance — 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 ne�ct day, the employee
shall be entitled to receive the minimum payments provided by fhis Agreement even
if the court appearance is thereafter canceled.
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4.10 Cxtra Dutv — 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 onfy be performed when assignments are solely at the
option of the individual Sergeant.
(2) Sergeants performing extra duty are performing duties in the capacityof
commissioned officers.
(3) Extra duty may only be perFormed/scheduled so that the employee has
a minimum of six (6) consecutive hours ofseparation betinreen an extra-
duty assignment and a regular duty assignment. The six (6) hours
separation can be scheduled ateither end ofthe extra-duty assignment
and the corresponding regular duty shifts. If the employee perFormatwo
(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, 4here
shall be a minimum of eight (8) hours separation befinreen the end of the
extra-duty employment and the beginning of the employee's next
scheduled regular sh'rft should two (2) consecutive days of extra-duty
employment be worked.
(4) The City and the Association will periodically negotiate Sergeants' 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 with a minimum of one pay period before implementation.
4.11 Davlight Savinqs Time. Employees who work a longer sh'rft when the clocks are
moved back one (1) hour to Pacfic 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 forvvard to Pac�c
Dayligh4 time in the spring wilf have the option of choosing to work an additional
hour so that the employee works a 10-hourshift orto use one (1) hour of paid time
off (e.g. vacation, compensatory time, holiday banked, etc., but not sick) at the
employee's discretion.
ARTICLE 5—CLASSIFICATIONS AND SALARIES
5.1 Employees covered by this Agreement shall be compensated in accordance with
the pay plan attached to this Agreement and marked Appendix "A°: This Appendix
shall be considered a part of this Agreement. Paydays for employees covered by
this Agreement shall be on the 8`h and 23rtl of each month.
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5.2 Premium pay in the amaunt 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, and Training. Premium pay in the amount of six perceM
(6%) shall be applied to the straight-time hourly base rate for each Sergeant
assigned as Defensive Tactics Instructors. In no event will any employee receive
more than six percent (6%) premium pay regardless of the number of specialty
assignments he/she holds.
a. The City will seek input from supervisory and command personnel before
making assignmerrts 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 ukimate right to select which Sergeants will be assigned to those
duties.
5.3 Employees hired prior to January 1, 1996, assigned the job class�cation of
Sergeant who have completed courses with a passing grade toward a degree shall
be paid a percentage of their straight-time hourly rate as educational incentive
based on the following schedule: 30 credits — 2%; 60 credits — 4%; 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%. Associates degrees must
be job-related. 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/or 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.
Education incentive pay shall be paid to employees only after the City has received
an official transcript from the educational institution venfying 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 o�cial
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 Association will be eligible to receive tuition reimbursement of, a
maximum of two thousand dollars ($2000.00) per calendar year in accordance with
the procedures spec�ed in City Administrative Policy 200-50 - Tuition
Reimbursement.
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5.4 Longevity pay shalf be applied to the straight-time hourly 6ase 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%
ARTICLE 6— HOLIDAYS
6.1 The following eleven (11) days are designated as holidays:
New Year's Day Veteran's Day
Lincoln`s Birthday ThanKsgiving Day
PresidenYs Birthday Day after Thanksgiving
Memorial Day Christmas Day
Independence Day Martin Luther King Day
Labor'Day
The above designated hotidays shall begin at 0530 on the beginning of the holiday
and shall commence through U600 of the following day.
62 An employee who is required to work on a designated holiday, as set forth in.
Secfion 6.1, shall be compensated at the rate of finro 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 equivalenfto the assigned shifh 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 listed below or tiank the holiday. Employees may
accrue upto a maximum of onehundred and forty (140) hours ofholiday leave, but
in no event shall an employee accumulate in excess of one hundred and forty (140)
hours unless, through no fault of the employee he/she was not able to take the
leave. Non-essential employees that elecY 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
Presiderrt's Birthday Third Monday in February
Memorial Day Last Monday in May
Jndependence Day July 4
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� 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
corripensation for vested, unused holiday time.
ARTIGLE 7 -VACATIONS
7.1 Annual vacations with pay shall be granted to eligible employees on the following
basis forsenrice 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 senrice 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.
7.2 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 4he employee, was not able to take all of his/her accrued annual vacation
leave during the year authorized.
7.3 Vacation leave shall be scheduled by seniority within the Sergeant classification
within the assigned division.
7.4 In the event of the death of an employee in active service with the City, accrued
vacation leave that has not been taken shall be paid in the same mannerthat salary
due the decedent is paid for any vacation leave:eamed 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 begranted
to elig'ible 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:
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a. Association of Washington Cities/ Regence Blue Shield HeakhFirst (zero
deductible) PPO Plan or Group Health;
b. The employee's choice of Washington Dental Service Pian F w/ Orthodontia
, Plan 1; or the Willainette Dental Plan. The City will pay up to what it paysfor
the Washington Dental Service Plan F for those enrolled in the Willamette
Dental Plan.
c. Vision Services Eye Care; and
d. Life Jnsurance wi4h a death benefit level of$30;000.
e. In the event that the provider of the medical plan (The Association of
Washington Cities Empfoyee Benefit Trust) discorrtinues offering the plan(s)
or materially alters the plan(s), the City and the Association shall enter into
immediate negotiations for the purpose of arriving at a mutually satisfactory
replacement medical plan(s). The Association agrees to continue to
cooperate with the City in the study of cost containmenf ineasures. The City
may seff-insure medical, dental, and/or vision insurance coverage orselect a
neinr medical, dental,and/or vision insurance plan and shall make every effort
to maintain sutistan4ially equivalent benefits at a reasonable cost. The City
and the Union 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 bargairr with the Association the impact of
those decisions. The Association will appoint one (1) member to the City's
Health Care Cosf 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 torivard 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 Heal4hFiFst (FPO),
whichever is less, with the employee paying the remaining amaurrt of the monthly
premium for his/her spouse's and each dependenYs medical insurance.
8:3 Domestic Partner Coverage: State-registered domestic partners and eligible
dependants enrolled in AWC HealthFirst or AWC Group Health Plan 2 ($10 ca
pay) will have monthly premiums paid at the same level as spouses and
dependants in paragraph 8:2 above.
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8.4 Indemnitv 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 o�cial duties or employment and provided further that
the employee was not engaging in criminal or malicious misconduct. A
criminal conviction shall be deemed conclusive proof of criminal misconduct
for the purposes of this section.
b. INQUESTS: In an Inquest called by the King County Executive (or delegate)
arising out of the use of force, the employee shall meet with the City Attorney
to discuss legal representation for the employee during the Inquest. After
that meeting, ff 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 thaY 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.
In the event outside counsel is retained by the employee and the employee is
subsequently convicted of a crime or it is determined by a court of competent
jurisdiction that the employee was not acting in good faith arising out of the
facts giving rise to the Inquest, the City shall be entitled to recover attorney's
fees and costs it has expended on the employee's behalf from the employee.
8.5 Disability Insurance—The employer shall provide for a mandatory payroll deduction
for a LEOFF II disability plan selected periodically and administered by the
Association. 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 adopted 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 provide a mandato,ry payroll
deduction for this post Retirement Medical Insurance Trust, which shall be
administered by the Association. All contributions made on behalf of each eligible
employee will be 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 will be required to sign and submit to the City of Auburn an MSA VEBA
Membership Enrollment Form.
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The MSA VEBA Plan shall be funded by a semi-monthly employee contribution of
one percent (1%) base pay period salary. Effective January 1, 2013, the Gity will
make a semi-monthly contribution of one percent (1%) of base pay period salary.
In addition, to the current semi-monthly contribution "method of base annual salary
listed above,both parties agree to 4hefollowing additional contribution method:
Retirement contribution: All employees covered by this P�qreement, who retire
from the Ciry of Aubum; 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.
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..
ARTIGLE 1 Q—JURY DUTY
10.1 Time off with pay will be granted for jury dury. Employees shall be required to
report for uvork 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 4hat shift in light of the court's location. The employee is
required to contact:his/her supervisor, who will make the determination:
In order to be eligible for such payments, the employee must submit a written
statement (subpoena, etc.) from the appropriate public official (court clerk, etc.)
showing the date and time served and the amount of jury pay recovered. The .
employee must give the Chief of Police, or designee, prompt notice of call for jury
duty. Employees are not required to return to the City per diem received for jury
duty from the Court.
ARTICLE 11 —SICK. DISABILITY. BEREAVEMENT AND EMERGENCY LEAVE
11.1 Sick leave "credit shall accumulate for eligible employees at the rate of one (1) day,
[i.e., eighY(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 di§ability resulting from
pregnancy or childbirth, orin accordance with the federal Family and Medical Leave
Act or Washington Family Care Act. Any employee fountl to have a6used sick
, leave by falsification or misrepresentation of same shall be subject to disciplinary
action. Employees shall take sick leave on an hourly basis.
a. Employees are required to use accrued paid time off during any state or
federal Family and Medical Leave{FML) absence before using leave without
pay.
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b. . Family and Medical Leave usage computations will be based upon a rolling
twelve (12) monfh year beginning on the date an employee takes his/her frst
FML Jeave.
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 requinng a physician's
statement; the Chief, or designee, shall do so for the purpose of ensuring that.
employees are utilizing sick leave benefits for the purposes intended by this
Agreement.
11.3 Employe.es incapacitated by illness or injury shall notify the Chief of Police as far in
advance of their scheduled starting time as possible that helshe is to report for duty.
During periods of extended illness, employees shall keep the Chief of Police
infocmed 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 grandparents-in-law,
grandchildren ofthe employee, and step-parents. A domestic partner, as defined
by state Jaw, shall receive the same rights as a legally married spouse for the
purposes of this section of the Agreement.
111.5 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, inGuding at
least one thousand, two hundred and fifty (1250) hours in the last finrelve (12)
months, may be entitled to twelve (12) workweeks of paid/unpaid leave in any
twelve(12) morrth period (1) to care fora newbom 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 heaRh 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 4he
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 priorto using unpaid leave.
Use of the above paid leave will apply toward the twelve (12) workweek entitlement,
antl is not in addition to the entitlement.
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Upon return from the leave, the employee is entitled to retum 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 newbom 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 fhey are entitled to a
totaf of iwelve (12)workweeks of paid/unpaid leave under this paragraph.
In the case of matemity; 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 (12) workweek period.
Intermittent or reduced leave for birth or placement for adoption or foster care of a
child may only be taken with Chief of Police approval. Certification by a health care
provider may be required.
Care of a child, parent, and/or spouse who has a serious or terminal health
c.ondition, or to attend to a personal .serious health condition. Certification
and/or second orthircJ opinions bya health care provider may be required for leave
approval. Re-cert�cation may be required every thirty (30) days. A fitness for duty
certificate signed by the consulting physician may be required upon retum from
leave.
Leave may be requested and granted on an intermittent basis or on a reduced
workweek schedule rf 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 4he
City's operation.
11.6 For employees hired into the City prior to December 1; 1993, upon retirement,
death, or terrnination of good standing (not termination for cause) the employee
shall be reimbursed at cu�rent rate of pay for unused accrued sick leave up to a
maximum of nine hwndred and sixty (960) hours in accordance with the following
schedule based on confinuous 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
in the line of duty, 25% of such employee's
accrued unused sick leave shall be paid to the
employee's beneficiary.)
b-14 years 25%
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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 IeaVe up to a
maximum of nine hundred and sixty (960) hours in accordance with fhe following
schedule based on continuous years of service:
Upon Completion of Percent ofAccn.red
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 four hundred and eighty (48U)
hours of banked, unused sick leave, upon
separation from employment in good standing,
45%
117 When an employee has accumulated nine hundred and sixty (960) hours (i.e., 120
days) of sick leave, sick leave shall continue to accumulate at the normaf rate of
eighf (8) hours, [i.e., one (1) day] per month until the end of the calendar yearat
which time all sick time accumulated by the employee in excess of nine hundred
and siicty (960) hours shall be paid at twenty-five percent (25%) of the employee's
then hourly base rate.
11.8 Effective January 1, 2014, the above cashouts listed in Article 11.6 and 11.7 shall
be automatically contributed into the VEBA trust through payroll deduction on the
employee's check.
11.9 When an employee covere.d by the LEOFF II Retirement System is disabled as the
proximate result of an on-the job injury as covered by Washington State Workers'
Gompensation and Industrial Insurance, the Ciry shall compensate 4he employee for
1he difference between his/her Workers' Compensation entitlement and his/her
regular salary for a period not to exceed six (6) months or the terrnination of the
disability, whichever comes first. To accomplish this, the City shall pay the
employee-his/her regular salaryfonsaid period and the employee shall receipt to the
City all time loss payments received from Workers' Compensation. This benefit
shall only be granted prospec4ively from #he date workers compensation 6enefits
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 benefds the emptoyee has received for that period. The City agrees
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to maintain this section in the contract and the Association agrees to limit the sidc
leave cash out for new hires.
ARTICLE 12 — UNIFORMS AND CLOTHING ALLOWANGE
12.1 One (1) member of the Association shall be selected as a representative to the
Uniform and Equipment Committee. Selection of the uniform/equipment committee
will be by an agreement between the Assistant Chief and the Association President..
(The committee will meet on an as needed basis at least once per year.)
The committee will be responsible for reviewing requests for changes to the
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 wilf require special attention.
Uniform and equipment standards need to be kept up-to-clate. All requests for
uniform/equipment replacement shall be submitted to the employee's immediate
supervisor. Requests forunfform/equipment replacement will be completed as soon
as reasonably possible. The department will designate the uniform/equipment
supplier(s). Uniforms and eguipment will only be purchased/obtained from the
designated supplier(s), inctuding voucher items. Specialty units may utilize
specialty outlets/sources for some equipment needs.
12.2 Sergeants will be on a Quartermaster System and will be issued their full
compliment of uniforms/equipmeM according to the list of agreed upon items im
Appendix B that may change from time to time, as determined 6y 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 unifortns/equipment are owned by
the City.
12.3 Sergeants will be entitled to have up to four (4) uniform items cleaned per week.
12.4 Non-Uniformed personnel inrill be given a clothing allowance of one percent (1%)
per year of the employee's monthly base pay monthly and are entifled 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
Un'rform 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 tviro (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-unfformetl employees.
The Chief of Police has the discretion of approving the attire items recommended by
the Committee. Non-uniformed personnel will be on the Quartermaster System and
will be issued clothing/equipment according to the list of agreed upon items.
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ARTICLE 13— EMPLOYMENT PRAGTICES
13.1 Lavoff. 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. Personnel reductions through layoff procedures and reinstatemenY.
from such layoffs sha�l be in accordance with the Civil Service Rules and
Regulations of the City of Auburn.
13.2 Seniori . 1Nhenever employees are appointed to a classification effective the same
date, seniorityshall be established by the highest average orrthetotal examination.
If the ayerages are equal, rank order will be established in accordance with Civil
Service Rule 10.
13.3 Workina Out of Classification. Any employee who is assigned to perform the duties
of a higherpaying classification by #he 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 P_robationarv Periods. Probationary periods upon promotion and/or new hire shall
not exceed one (1) year and may not be extended without the written agreement of
' the Association. A probationary period shall be extended for the number of
workdays equal to the num6er of workdays an employee was absent 'in ezcess of
ten (10) workdays during the probationary periotl. During a promotional
probationary period an employee may be reverted to his/her former classification
and such reversion shall not be subject#o the grievance procedure.
13.6 Employees called in to work while on approved vacation or holiday off will be
compensated at #he appropriate overtime rate for hours worked and given credit for
hours worked on thei�vacationJholiday time accounts.
13.7 Promotional Examinations:
All promotions to positions outside of the bargaining unit shall be based solely on
merit, e�ciency, and fitness —ascertained by open competitive examination.
Examinations shall fairly, objectively, and comprehensively test for qualifications for
the posi4ion.
A general description of the process and methods of examination (i.e.
written, oral, assessment center, etc.) and ident�cation 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
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be included in the official examination notice, which shall be provided
to tlie union/Association 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 Association may designate an observer
to attend the development and administration of the examination. The examiner(s)
shall have the responsibility of ensuring that the oliserver does not disrupt the
examination process. Any observer is required to honor the confidentiality ofi 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 fhe candidates with
information related to 4heir perFormance in all phases of the testing process and is
intended to be comprehensive and contain the same criteria foreach 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 mufually agreed upon by the
Association observer and the City of Aubum. 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.
Upom 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 posi4ion
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 appointment from the eligibility list, and employee shall serve a
complete period of probation before appointment or promotion is complete. No new
probationary period results from a transfer to a different shift or reduction of an
employee who previously completed a probationary period. The period of probation
shall be finrelve (12) calendar months from the date ofi 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 fiave a reasonable
opportunity to evaluate the performance of an employee, the department head may
calculate the probafionary period on the basis of twelve (12) calendar months of
actual service, exclusive of time away on leave.
The Association, and any employee it represents, shall appeal any alleged violation
of the promotion process set forth herein through the grievance procedure and the
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collective bargaining agreement, rather tham through the Civil Service Commission.
Exdusive of the promotional exam process, the initial step in the grievance
procedure shall be established as five (5) business days in orderto 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 whethe�or
not the Cityr violated the procedures set forth herein.
13.8 An employee who engages in off-duty misconduct may be subject to dis.cipline
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) tfie
conduct is inconsistent with the o�ce that the Sergeant holds.
ARTICLE 14— MANAGEMENT RIGMTS
14.1 The Association recognizes the prerogatives of the City to operate and manage its
afhairs in all respects in accordance with its responsibilities and powers of authority.
14.2 The City has the right to schedule work, as required, in a manner most
advantageous to the department and consistent with the requirements of municipal
employment and the public safety.
14.3 It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always spec�cally described.
14.4 The Gity 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 6eyond the control of fhe department. The City shall have
the right to determine reasonable schedules of work in accordance with Section 4.1
and to esta6lish the methods or processes by which such work is perFormed.
14.5 No policies or procedures covered in this Agreement shall be construed as
delegating to others or as reducing or abridging any of the authority conferred on
City officials as defined in the following:
a. The ordinance responsibility of the Mayor as Chief Executive Officer of
the City for enforcing the laws of the State and City, passing upon
ordinances adopted by the Gity 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
and the appropriation of monies;
a The legal responsibility of the Civil Service Commission, as
provided by State Statue, subject to any applicable bargaining
dury of the City and the terms of this Agreement.
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d. The responsibility of the Chief of Police and delegates govemed by
ordinances, Civil Senrice Rules, and/or Department Rules and as
, limited by the provisions of the Agreement; and provided fhaf such
actions do not affect mandatory subjects of bargaining:
1. To recruit, assign, transfer, and/or promote members to
positions within the department.
2. To take disciplinary action against members for just
cause;
3. To determine methods, means, and personnel
necessary for departmerrtal 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 beiween
the Employer and the Association conceming an alleged breach or violation of this
Agreement.
Stea 1: Any alleged grievance shall be taken up w'ith the employee's immediate
supervisorwithin ten (1Q) working days ofiits alleged occurrence. The parties agree
to make every effort to settle the grievance promptly at ttiis level.
In the event the grievance is unresolved, the Association and/or employee
shatl 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 immeiiiate supervisor. Should the employee choose to file an
appeal with the Civil Service Commission, the employee shall provide the
Chief of Police, Human Resources Director, and the Association with written
notice of such election.
Steo 2: The grievance shall be reduced to written form by the aggrieved employee
stating the section ofithe Agreement violated and explaining the grievance in detail
and remedy sought. The employee and/or the Associa4ion shall present the written
grievance to the Human Resources Director and the Chief of Police. The Chief of
Police will conduct a meeting within five (5) working days of receipt of the written
grievance. The Chiefiof Police shall make a decision on the matter in writing within
ten (10) working days from such meeting. Copies of the Chiefs decision will be
fumished to the aggrieved, Association representative, and Director of Human
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Resources. Grievances involving suspension, demotion, or discharge shall begin at
Step 2.
Stea 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 fiye (5) working days of the
receipt of the written grievance. The Mayor shall render a decision within five (5)
working days of such hearing.
Steo 4: Should the grievanc.e 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 Association are unable to agree on an arbitrator, 4he arbitrator shall
be selected by the process of eliminatian from a panel of seven (7) arbitrators
fumished 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 su6mitted to him/her. The arbitrator shall have jurisdiction and authority only
to interpret, apply, and/or determine compliance with the specific terms of the
Agneement and shall not add to, detract from, or alter in any way the provisions of
this Agreement. The decision shall be fnal and binding upon both parties.
Employee witnesses for both sides shall be given time off from work 'rf 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
service charges, with each party paying its own costs. If both parties desire a
stenographic record, the expenses of the same shall be borne equally. If only one
party desires a stenographic record; then that party shall pay the cost of the
preparation of'its own copy and one (1) for the Arbiter and the declining party shall
not be provided a copy.
15.2 Any time limits stipulated in the grievance procedure may be extended for stated
periods of time by the appropriate parties by mutual agreement in inrriting. Pending
final decision of any grievance by any of the above procedures, work shall continue
without interruption.
15.3 A grievance may be filed at a step above the level of the decision maker whose
actions are being questioned but, in no case, may a grievance be filed above Step
3.
ARTICLE 16—WORK STOPPAGES
16.1 The City and the Association agree that the public interest requires efficient and
unintercupted performance of all City services and to this end pledge their best
efforts to avoid or eliminate any conduct contraryto this objective. Specifically, the
Association shall not cause or condone any work stoppage, including any strike,
slowdown, refusal to perform customarily assigned duties, sick leave absence which
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is not bona fide, or other interference with City functions by employees under this
Agreement and should same occur, the Association agrees to take appropriate
steps to end such interterence. Any concerted action by any employee in any
bargaining unit shall be deemed a work stoppage, if any of the above activities have
occurred.
ARTICLE 17— BULLETIN BOARDS
17.1 Bulletin Boards. The City shall permit the reasonable use of bulletin boards by the
Association for the posting of notices relating to official Association'business.
17.2 Electronic Mail. The Police Association may use the City's electronic mail (E-Mail)
for communications pertaining to Association business, i.e: meeting times, places,
agendas, voting, election results, and various topics of Association business on
issues effecting the administration of the collectiye ba.rgaining agreement with the
City ofiAubum. Members will comply with City policy.
E-Mail communications will not contain profanity, abusive language, or derogatory
language of a discriminatory nature against individuals of a protected class.
ARTICLE 18 — BILL OF RIGHTS
18.1 The employer retains the right to adopt rules for the operation of the Auburn Police
Departmerrt 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 gbod order and discipline, the
Association shall be entitled to the protection of what shall hereafter
be termed as the "Police Officers' Bill of Rights". A "disciplinary
interview" shall mean questioning by a person in authority over an
employee when the interviewer either knows oc reasonably should
know that the ques4ioning concems a matter that could lead to
suspension, demotion, or termination.
b. Every employee who becomes the subject of a disciplina_ry interview
shall be advised, in writing, a minimum of forty-eight(48) hours prior to
the time ofthe interview that he/she is suspected of:
1_ Committing a criminal offense;
2. Misconduct that would be grounds for termination, suspension,
or demotion;and,
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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, shaU 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 informed that they are not required to answer the
employer's questions as a �ndition 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, interviews shall be scheduled during the normal
workday of the City.
g. The employee or Employer may request that a disciplinary interview
be recorded, eifher mechanically or by a stenographer. There can be
no "off the record" questions. Upon request, the employee in a
disciptinary interview shall be provided an exact copy of any written
statement he/she has signed, or of a verbatim transcript of any
intenriew.
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 shalf be afforded an opportunity
and facilities to contact and consult privately with an attomey of
his/her own choosing, before being interviewed. Such,opportunity to
contact and consult privately with a private attomey shall not unduly
delay the disciplinary interview. The employee shall be entitled to
such reasonable intermissions, as he/she shall request for personal
necessities, meals, telephone calls, and/or rest periods. The
employee may be represented by either a private attomey or the
Association during the interview, but not both.
i. All interviewing shall be limited in scope to activities, circumstances, or
events which pertain to the employee's conduct or acts which may
form the basis for disciplinary action under one (1) or more of the
categories contained in "2" herein.
j. The employee will not be threatened with dismissal or other
disciplinary punishment as a guise to attempt to obtain his/her
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resignation, nor shall he/she be subject to abusive or offensive
language or intimidation in any other manner. �No promises or
rewards shali 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 articie 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 amourrt of time
in light of the circumstances and discipline shall be imposed within a
reasonable amount of time after the conclusion of the investigation.
ARTICLE 19 —SAVINGS CLAUSE
19.1 If any article,or any portion of any article of this Agreement or any addendum's
thereto should be held invalid by any tribunal of competent jurisdiction, or if
compliance with or enforcement ofiany article should be restrained by such tribunal,
the remainder ofthe Agreement and addendum's shall not be affected thereby and
the parties shall enter into immediate collective bargaining negofiations for the
purpose of arriving at a mutually satisfactory replacemeM 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 spec�ed in this Agreement
which are now Pnore 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 abiliry to perform job functions and/or operate machinery such as
automobiles. Under appropriate circumstances, the Employer may request the
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� 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
would substantially impai� law e.nforcement agencies 'if they were required to
employ individuals within their ranks who have violated the very laws said agencies
are charged inrith 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 undec the influence of alcohol or an
illegal drug for the purpose of administering fhis Article.
For the purpose of administering this Article the following definition of terms is
provicied:
Reasonable Susaicion — 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.
lJnder the Influence — The following cutoff levels shall be used for the initial
§creening 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
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• Opiates (Morphine) • 300
Rhencyclidine (PCP) 25
Propoxyphene 300
Level of the pasitive result for ethyl alcohol 0.04 gr/dl
Illeaal Druas — Are defined as all forms of narcotics, depressants, stirriulants,
hallucinogens, and/or cannabis, which sale, purchase, transfer, or
unauthorized use or possession is prohibited by law.
Over-the-Gounter-Drups — Are those which are generally available without a
prescription and are limited to those drugs which are capa6le of impairing the
jutlgment of an employee to safely perForm the employee's dufies.
Prescrintian Drups — Are d�ned 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 submiYto a drug test, the following procedure shall be
followeii:
a. The employee shall be given an opportunity to confer with a Association
representative if one is readily available and ffie 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 d�ug, fatigue,
exposure to toxic substances, or any other reasons known to the employee
to the test administrator. The Employer and a Association representative
may be preserrt 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 faciliry. The Employer shall transport the employee to the collection
site. The Employer and/or Association representative may be allowed to
accompany 4he employee to the collection site and observe the bottling and
sealing of the specimen. The employee shall not be obseryed 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 Association representative and prope� 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 4fiat is cerf�ed by the National
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ARTICLE 23 - DURATION
23.1 This Agreement shall become effective on January 1, 2013 until December 31,
2015.
� ,
Signedthis�day of , 2013, at Aubum, Washington.
CITY OF AUBURN AUBURN POLICE ASSOCIATION
By: � By: "
Mayor Aubum Police Sergeants' Association
By:
D ector of Human Resources
gy; �`��
c�ty ier� -
Approved As To Form:
By:
ity Attorney
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Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to
betu4een the Association and the Employer: Tfie laboratory used sFiall also
be one whose procedures are periodically tested in a program where #hey
analyze unknown samples sent by an independent party: The results of such
tests shall be made available to the Employer and the Ass.ociation.
g. ff 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 limifs.on the
GC/M3 (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.
Confirmatorv Test
Marijuana metabolites 15 ng/ml
Cocaine meta6olites 150 ng/ml
Opiates �
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
h. At the employee's or the Association's option, a sample of the specimen may
be requisifioned and sent to a laboratory chosen 6y the Association for
testing. The cost of this test will be paid by the Association or the employee.
Failure to exercise this option may not be considered as evidence in
arbitration or otherproceeding concerning the drvg test or its consequences.
The resuRs of this second test shall be provided to the City.
i. The employee and the Association shall be informed of the results of alI
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 confiRned
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 testsfor 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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Appendix"A"
2013 STRAIGHT-TIME HOURLY RATE OF PAY
Pay Plan effective January 1, 2U13, a finro point eightpercent (2.8%) wage increase
applied to the 2012 Gommissioned SergeanYs pay period salary schedules. Effective
September 1, 2013, an additional two point eigFit percent (2.8%) wage increase.
CLASSIFICATION HOURLY RATES OF PAY
Position
Rolice Sergeant
1/1/13— 8/31/13 $41.93
" 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.
2075 PAY PLAN
One and a half percent (1.5%) wage increase effecfive January 1, 2015. A one and a
half percent (1,5%)wage increase effective September 1, 2015.
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Appendix"B"
Department Issue— Police OfFcer:
FiVe Uniform shirts LAPD Color and Style (minimum one must be long sleeve), choice of:
Flying Cross Brand - Short Sleeve Wool - item UD70R9586
Flying Cross Brand - Long Sleeve Wool — item UD20W9586
Flying Cross Brand —Short Sleeve Poly/Rayon — item 98R3986
Flying Cross Brand - long Sleeve Poly/Rayon — item 48W3986
Three pair matching uniform trousers, one must be Class A pant:
Flying Cross Brand -Wool pant with sap pocket- Item 32289
Flying Cross Brand - Poly/Rayon pant with no sap pocket- Item H39400
Flying Cross Brand - PolylRayon pant with sap pocket- Item 39489
One Dark Navy Blue uniform jumpsuit—Voucher method up to $450.00
One baseball style cap
One uniform jacket
One Ballistic protective vest
One clip-on style tie
One "Aubum Police"tie clip
One name plate, metal for uniform shirt
One official badge
Onepair shoes— blackleather, polished toe and heel. Voucher method up to $100.00
One pair boots— black leather, polished toe and heeL Voucher method up to $250.00
One duty equipment belt— Nylon or Leather
One nylon or leather pants innerbelt
Fourbelt keepersfor nyton orleafher
One Level Three pistol holster
One magazine pouch
One ASP baton
One ASP baton holder
?wo pair handcuffs
One long handcuff key
One double handcuff case or finro single cases
One pair black leather gloves
One portable radio holder
One OC canister
One OC holder
One 12" Rechargeable Pelican flashlightwith belt holder
One folding knife (up to $70.00)
One whistle
Up to two metal citation folders (holders)
One metal forms holder
One nylon duty gearbag (upto $80.00)
One Auburn police commission card
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$pecial eguipment is required for officers"assigned to these positions. They will be
completely outfitted upon transfer to these specialty assignments. Upon reassignment from
� the Specialty unit, all issued equipment will be returned and 'rf serviceable, will be reissued.
MOTORCYCLE: BICYCLE:
One full-face motorcycle helmet w/chin-piece One bicycle helmet
(Shoei Multitec LE) One "Ultrex" type jacket with lettering
One'/.face Arai motorcycle helmet and patches
Two pairs eye protections (clear/sun) One pair"summer" bike riding gloves
One JackeYwith fleece liner One pair "winter" bike riding glodes
Two pair leather gloves (summerlwinter) Two pair'`Ultrex" type winter pants
Two pair motorcycle pants (summer) One pair"Supplex" type light weight
Two pair motorcycle pants (winter) pants
One pair of motorcycle rain pants Two pair"Supplex"type bike shorts
Two "CoolMax"type bike shirts
Two pair eye protection (clear and sun
shade)
One pair bike shoes
One whistle and lanyard
One water bottle
One Supplex jacket w/lettering & patches
Three pairs of Gortex type socks
K-9 Unit
One pair boots (voucher method up to $250.00)
Two jumpsuits
Three turtleneck shirts
DETEGTIYES:
Offigers transferred to the Detective Division receive an annual clothing allowance to
purchase and repair personal clothing items wom for duty which are not issued by the
department. Generally, detectives will wear plain clothes consistent with current
community business attire standards. Exceptions to this could include the type of
assignment or unit supervisor approval.
Upon transfer to the Detective Division, officers will be issued the following equipment:
One "1-lidden Agenda°type raid jacket
One baseball style cap with "POLICE" on front, black with white lettering
One "CoolMax" type raid shirt— black with white lettering
One concealed carry holster for duty pistol
One concealed carry handcuff case
One concealed carry uniform badge holder
One or two concealed carry magazine holder(s)
SWAT:
Officers a"ssigned to the Valley SRT will be issued the equipment and clothing required
for that unit. An equipment and clothing list is as follows:
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One set digital camo uniform
One seYblack camo uniform
One set subdued urban gray camo uniform with hat
One 2" nylon pants belt/
One pair boots, black (voucher of up to $250.00)
One fire resistantbaklava (hood)
One set "Gortex"type rain gear(top and bottom)
One ballistic helmet, with cover
One "Type 4" load bearing ballistic body armor, per requirements
One pair"frisker" type cuf resistant gloves, black
Onesset elbow and kneespads, black per requirements
One pair clear eye protection (goggles or impact resistant glasses)
One holster for E.S,U. issue pistol
One radio, radio holder, ear piece with P.T.T. system
One Water Bladder (camel back style)
One'set ear protection
One fixed blade utilityknife
One large deploymenUequipment bag
Gas mask with carrier
CIVIL DISTURBANCE UNIT:
Officers assigned to the C.D.U. will be supplied with the following equipment 'rf it has not
been issued prior.
Kevlar Helmet with face shield
Gas mask with carrier
PR24
Five (5) "flex cuffs"
Forearm pads
Knee pads
Shin guards
Large equipment duffle bag
Water Hydration Back Pack (Camelback Style)
Black Nylon Rain Poncho
ShouldedChest Protection System
One Set of Black BDU style pants
HonorGuaM
Officers assigned to the Honor Guard will be supplied with the following uniform items and
equipment if it has not been issued prior:
One Navy Blue "Ike Style" Jacket with silve� or gold buttons, honor guard tabs and
silver sleeve piping
One pair Navy wool trousers with white stripes
One matching round dress un'rform hat
One white shoulder ceremonial braid
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� One.silver or gold hat band �
One silver or gold whistle chain
One white Flying CrosS dress shirt, with epaulets
One black neck tie, Velcro neck secured
One pair"Corafram style° dress shoes—
One metal Honor Guard pin
One set of"AP" insignia —silver or gold
One Honor Guard embroidered grey"polo style" shirt
One M-14 Rifle with 1 magazine
One pair ceremonial white cotton gloves
One pair ceremonial white cotton gloves with non slip fingers and palms
EVOC Team
Officers assigned to the EVOGTeam w'ill be supplied with the following uniform items and
equipment if it has not been issued prior.
One Polo Style shirt with EVOC Instructor Logo
One Gortex solid red jacket with EVOC Instructor logo on the left chest area
Crisis Communications Unit (GGUI
Officers assigned to the CCU will be supplied with the following uniform items and
equipment 'rf it has not been issued prior:
One paic of khaki 5-11 Tactical Pants
One APD CCU Polo Shirt (yet tobe designed)
One Hidden Agenda jacket
One Load-bearing equipment vest (black)
One Nylon go-bag
Rans�e Team
Officers assigned to the Range team will be supplied with the following uniforms items and
equipment rf it has not been issued prior:
One Gortex solid red jacket with Auburn PD range logo on the left chest a�ea.
Crime Scene Team
Officers a"ssigned to the Crime Scene Team will be supplied with the following uniform
items and equipment if it has not been issued prior'
One black polo style shirt with "Crime Scene" ident�ers
One pair "5-11" style khaki or black trousers
One utility carrying vest "5-11" style
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MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE SERGEANTS' ASSOCIATION
The City of Auburn and the Auburn Police Sergeants' Association are parties to the 2013-
2015 collective bargaining agreement. During recent negotiations, both parties agreed to
the following language:
11.9 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 V1lorkers'
Compensation and Industrial Insurance, the City shall compensate the employee for
the di(ference 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 benefd
shall only be granted prospectively from the date workers compensation benefi�
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 disa6ility leave period prior
to the date workers compensation benefds are applied for by receipting to the City
any time loss benefds the employee has received for that period. The City agrees
to maintain this section in the contract and the Association agrees to limit the sick
leave cash out for new hires.
Bo4h parties agree to modify the contract to eliminate the process of the employee
receipting to the City the employee's time loss checks and the City buying backthe
employee's leave. To accomplish this, whenever an employee covered by the LEOFF'II
� Retirement System is temaorarilv 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 Ci.ty will pay the employee his orher regular
salary (kept on salary as defined by RCW 51:32.090) as if he or she had continued to work
for a period not to exceed six (8) months, or the termination of the disability, whichever
comesfirst. This benefit shall only be granfed 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.
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 Sergeants' Association remain in full force and effect.
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Signed this �� day of���''�pe'!2 , 2013, at Auburn, Washingtom �
CITY OF AUBURN AUBURN POLICE GUILD
gy: ` [� By: �
nda eineman Daniel0' ei
Director of Human Resources and President
Risk Management
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Memorandum of Understanding
Between
The Auburn Police Sergeants Association
and the City of Auburn
The Auburn Police Sergeants Association 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 sergeants. 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 sergeants a Glock who may wish to carry it.
The City and the Association agree and amend the CBA as follows:
The Parties agree that the City will provide a Glock to any sergeant 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 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 sergeants who currently have been issued the Sig Sauer
as their primary weapon.
The Parties agree that in the event that a sergeant is involved in any incident that requires their
service weapon to be removed from the sergeant in the ordinary course of an investigation that
the City will provide that sergeant 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 3k ' day of c, L-f 2014, at Auburn, Washington
CITY OF AUBURN AUBURN POLICE SERGEANTS ASSOCIATION
By: D
Di ector of Human Resources 8 Daniel I , m ent
Risk/Property Management
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MEMORANDUM OFUNDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE SERGEANTS' ASSOCIATION
The City of Auburn and the Auburn Police Sergeants' Association are parties to the 2013-2015
collective 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 Birthday 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 0530 on the tieginning of the holiday
and shall continue through 0600 of the following day.
Both parties ag�ee to modify the contract to past practice so that the desighated holiday will not
begin at 0530 on the beginning of the holiday and shall not continue through 0600 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 con4inue if the Officer is required to work past his/her scheduled time.
For example, a Sergeant that is regularly scheduled to work a graveyard shift and works on
December 315' begins his/her shift at 2000. The shift continues through 0600 on January 15'. This
Sergeant will not receive holiday pay. However, that same Sergeant works the same shift on
January 151 and begins his/her shift at 2000 and works through 0600 on January 2nd. The Se.rgeant
will be compensated at the rate of two and one-half (2-1/2) times the employee's regular hourly
rate of pay for each hour worked inclusive of the pay for the holiday worked. In addition; if that
Sergeant were to be held over to work overtime, the overtime will be compensated at the rate of
two and one-half (2-1/2) times the employee's regular hourly rate of pay for the amount of hours
that the Sergeant works overtime.
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 Aubum
Police Guild remain in full force and effect.
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Signed this �/1 l� day of`�r��,�-, 2013, at Auburn, Washington
CITY OF AUBURN AUBURN POLICE SERGEANTS' ASSOCIATION
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By: - � By: ���
Bre �da Heineman Mark Caillier
Human Resources Director President
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MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE SERGEANTS' ASSOCIATION
The City of Auburn (City) and the Auburn Police Sergeants' Association (Association) are parties to the
2013-2015 collective bargaining agreement (CBA). During recent negotiations, bofh 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 Sergeants
currently in the detective assignment shall work four (4) cons.e.cutive daysfollowed 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 thrbugh November
30, 2014. If Management does not object, the 4/10 work scheduie may continue without the need for a
new Memorandum of Understanding (MOU).
The City requires minimum staffing levels, Monday through Friday, in order to efficiently operate the
4/10 work schedule. Therefore, voluntary time off shall not be granted when it would put the minimum
sta�ng levels below one (1) Sergeant for the entire Detective Division. The minimum level of(1)
Sergeant may be met with a qualified Officer in Charge as approved by 4he Division Commander.
Furthermore, the City is not required to backfill for overtime if for some unforeseeable or uncontrollable
reason minimum staffing levels are not met.
White this MOU is in effect, the Investigations Sergeants shall accrue and take 10-hour holidays. The
Investigations Sergeants will observe the holiday on the dates listed in Secfion 6.3 of 4he current CBA.
When a holiday falls on the Investigations Sergeants' regularly scheduled day off, he/stie shall bank ten
(10) hours of holiday. Additionally, Investigations Sergeants are considered non-essential employees
on holidays per Section 6.2 of the current CBA. Therefore, if a Investigations Sergeant elects to work
on a holiday, as set forth in Section 6.1, he/she shall be compensated at his/ her regular hourly rate of
pay and shall bank the holiday.
The Police Chief, or designee, reserves the right to discontinue the 4l10 work schedule program at any
time. The Associafion shall not file a grievance if the Police Chief, or designee, discontinues the 4/10
work schedule for a Sergeant or for fhe entire detective assignment. The Police Chief, or designee,
shall provide two (2) weeks notice when 4he decision is made to reveR back to a fve (5) day on and two
(2) day off schedule or a 9/80 schedule. FOrthermore, the Police Chief, or designee, may change the
Investigations Sergeants' scheduled day off with seven (7) days notice.
This MOU shail 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 Sergeants' Associafion remain in full force and effect.
Signed this�day of�, 2014, at Auburn, Washington
CITY OF AUBURN AUBURN POLICE GUILD
By: �� B '
Rob Roscoe � Dan O'
Interim Director of Human Resources/ President � �
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