HomeMy WebLinkAbout4988 RESOLUTION NO. 4 9 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE
AUBURN POLICE MANAGEMENT ASSOCIATION
FOR 2013 — 2015
WHEREAS, the City of Auburn recognizes the Auburn Police
Management Assocation as the exclusive bargaining representative of all
employees designated as employees of the Auburn Police Management
Association; and
WHEREAS, in connection therewith, the City of Auburn and the
management of the Auburn Police have negotiated a Collective Bargaining
Agreement for the years 2013 — 2015; and
WHEREAS, the Agreement sets forth the mutual understanding and
agreement of the parties relative to salaries and conditions of employment for
those employees for whom the City recognizes the Auburn Police Management
Association as the collective bargaining representatives, and
WHEREAS, it is appropriate for the City Council to approve the
Collective Bargaining Agreement for the years 2013 — 2015
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows
Section 1. The Mayor is hereby authorized to execute a Collective
Bargaining Agreement by and the between the City of Auburn and the Auburn
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Resolution No 4988
August 29, 2013
Page 1 of 2
Police Management Association for the years 2013 — 2015, in substantial
conformity with the Agreement attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this Y-�day of � � 2013
ITY UBU
PETER B LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
aniel B. Heid, City Attorney
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Resolution No. 4988
August 29, 2013
Page 2 of 2
ATTACHMENT A
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN POLICE MANAGEMENT ASSOCIATION
(2013-2015)
TABLE OF CONTENTS
ARTICLE 1 — RECOGNITION AND BARGAINING UNIT 4
ARTICLE 2 — ASSOCIATION MEMBERSHIP AND DUES DEDUCTION 4
ARTICLE 3 — ASSOCIATION ACTIVITIES 4
ARTICLE 4 — HOURS OF WORK AND EXECUTIVE LEAVE 5
ARTICLE 5 — CLASSIFICATIONS AND SALARIES 6
ARTICLE 6 — HOLIDAYS 6
ARTICLE 7 — VACATIONS 7
ARTICLE 8 — HEALTH AND WELFARE 7
ARTICLE 9 — PENSIONS 10
ARTICLE 10 — JURY DUTY 10
ARTICLE 11 — SICK, DISABILITY, BEREAVEMENT, & EMERGENCY LEAVE.10
ARTICLE 12 — UNIFORM AND CLOTHING ALLOWANCE 13
ARTICLE 13 — EMPLOYMENT PRACTICES 14
ARTICLE 14 — MANAGEMENT RIGHTS 14
ARTICLE 15 — GRIEVANCE PROCEDURE 16
ARTICLE 16 —WORK STOPPAGES 17
ARTICLE 17 — BULLETIN BOARDS 17
ARTICLE 18 — BILL OF RIGHTS . 17
ARTICLE 19 — SAVINGS CLAUSE 19
ARTICLE 20 — ENTIRE AGREEMENT .20
ARTICLE 21 — RETENTION OF BENEFITS 20
ARTICLE 22 — DRUG TESTING 20
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ARTICLE 23 — DURATION 24
Appendix "A" 25
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AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN POLICE ASSOCIATION COMMANDER'S UNIT
2013-2015
This Agreement is between the City of Auburn (hereinafter called the "City") and the Auburn Police
Management Association (hereinafter called the "Association") for the purposes of setting forth the
mutual understanding of the parties as to conditions of employment for those employees for whom
the City recognizes the Association as the collective bargaining representative
ARTICLE 1 — RECOGNITION AND BARGAINING UNIT
1 1 The City recognizes the Auburn Police Management Association as the exclusive
bargaining representative for all active employees (subject to the Association's fiduciary
responsibilities, if any, to former members) designated as Commissioned Law Enforcement
Officers, rank of Commander, excluding all other employees of the department.
ARTICLE 2 — ASSOCIATION MEMBERSHIP AND DUES DEDUCTION
2 1 Employees shall either become members of the Association, or pay a service fee to the
Association within thirty-one (31) days of employment, or within thirty-one (31) days of the
execution date of this Agreement.
2 2 Failure by an employee to abide by the above provisions shall constitute cause for
discharge of such employee provided that when an employee fails to fulfill the above
obligation, the Association shall provide the employee and the City thirty (30) days
notification in writing of the Association's request to initiate discharge action During this
period, the employee may make restitution in the amount which is overdue Should the
employee make such restitution, the request for discharge shall be withdrawn.
2.3 The City agrees to deduct from the paycheck for each employee who has so authorized it,
the initiation fee and regular monthly dues uniformly required of members of the
Association The amount deducted shall be transmitted monthly to the Association on
behalf of the employees involved Authorization by the employee shall be on a form
approved by the parties hereto and may be revoked by the employee upon request.
ARTICLE 3 — ASSOCIATION ACTIVITIES
3 1 A Business Representative of the Association, should the Association contract one, shall be
allowed access to all facilities of the City wherein the employee covered under this contract
may be working for the purposes of investigating grievances, provided such Representative
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does not interfere with the normal work processes. No Association member or officer 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 City premises
3.2 The City agrees that employees covered by this Agreement shall not be discharged or
discriminated against for upholding Association principles or for performing duties
authorized by the Association, so long as these activities do not interfere with normal work
processes of the City
3 3 The Employer will attempt to allow such members of the Association as may be designated
by the Association, not to exceed three (3), leave from duty without loss of pay for the
purposes of direct participation as members of the Association negotiating team in labor
negotiations with the City of Auburn including mediation Interest arbitration hearings shall
also be included under this provision, provided that such leave shall not result in additional
cost to the City
34 The Association shall have access and use of a copy machine through City Administration
at $0 15 per copy
ARTICLE 4 — HOURS OF WORK AND EXECUTIVE LEAVE
4 1 Hours of Duty — The Chief of Police shall establish regular work schedules for the members
of the bargaining unit, such that the working hours for the employees shall be equivalent to
forty (40) hours per week on an annualized basis The normal workday shall be inclusive of
the lunch period Employees shall be generally assigned to 9x80 work schedules The City
retains the discretion to assign work schedules as necessary There shall be no changes to
accrual rates (i.e. holiday pay, sick leave, vacation accrual, etc.) or benefits. Every
reasonable effort will be made by the employees to schedule personal appointments on the
"flex day" (day off) The City reserves the right to discontinue the 9x80 work schedule
program in whole or in part at any time Said discontinuation shall not be subject to the
grievance process or any claim of prevailing rights To this end, the parties agree that the
Commanders shall have a reasonable degree of flexibility in regard to their individual work
schedules as approved by the Chief of Police, or designee
It is recognized that employees will be required to spend additional time over and above
their regular workweek engaged in activities for the City
The parties recognize that Commanders are employed to do an executive job as opposed to
working a set schedule It is understood that this Agreement shall be interpreted and
applied in a manner, which ensures, to the fullest extent possible, the exempt status of
Commanders.
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ARTICLE 5 — CLASSIFICATIONS AND SALARIES
5 1 Employees covered by this Agreement shall be compensated in accordance with the pay
plan attached to this Agreement and marked Appendix "A" This Appendix shall be
considered a part of this Agreement. Paydays for employees covered by this Agreement
shall be on the 81h and 23`d of each month
5.2 Longevity pay shall be applied to the straight-time hourly rates of all employees covered by
this Agreement who have completed continuous service in accordance with the following
schedule.
5 Yea�rs 8 Years 11 years 14 Years 17 eay rs 20 Years
2% 1 3 5% 5% 6 5% 8% 9%
5 3 Employees in the Auburn Police Guild Commissioned Unit will be eligible to receive tuition
reimbursement of a maximum of two thousand dollars ($2,000 00) per calendar year in
accordance with the procedures specified in City Administrative Policy 200-50 — Tuition
Reimbursement.
ARTICLE 6 - HOLIDAYS
6 1 The following eleven (11) days are designated as holidays.
New Year's Day Veteran's Day
President's Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day Floating Holiday (2)
A "holiday" is defined as eight (8) hours If the holiday falls on a day on which the employee
is not scheduled to work, the employee will "bank" eight (8) hours of holiday for use during
the next three hundred and sixty-five (365) days, with the supervisor's approval.
6.2 Whenever an employee is required to work on a holiday, he/she shall be allowed to
reschedule another day off that is mutually agreeable to the employee and the Chief of
Police, or designee When a holiday falls on an employee's regularly scheduled day off,
he/she shall receive a day off in lieu of the holiday that is mutually agreeable to the
Employer and the employee Any in-lieu-of days off must be scheduled within one (1) year
of their accrual.
63 The designated holidays shall be as specified in Section 1 above with the provision that
whenever any designated holiday falls upon a Sunday, the following Monday shall be the
recognized holiday, and whenever any designated holiday falls upon a Saturday, the
preceding Friday shall be the recognized holiday
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64 A request to take a Floating Holiday may be made by an employee at any time prior to a
shift assignment for which it is to be used It may be approved by the Chief, or designee
6 5 Employees terminating service after completion of probation shall receive compensation for
vested, unused holiday time
66 Due to the employee's exempt status, the employee shall not be required to use accrued
vacation in order to receive the full benefit of the holidays provided In this Article 6 To this
end, an employee taking an approved holiday under this Article 6 shall receive the amount
of holiday pay that is consistent with his/her normal working schedule For example, (i) an
employee working a "9/80" schedule shall receive nine (9) hours of holiday pay when taking
an approved holiday, if that scheduled day is nine (9) hours, eight (8) hours if that scheduled
day is eight (8) hours, and (ii) an employee working a "5/40" schedule shall receive eight (8)
hours of holiday pay when taking an approved holiday The Chief of Police, or designee,
shall approve the employee's respective timecard as necessary for accounting purposes to
accomplish the foregoing
ARTICLE 7 — VACATIONS
7 1 Annual vacations with pay shall be granted to eligible employees on the following basis for
service less than one (1) year vacation leave credit shall accrue at the rate of one (1)
working day for each month of continuous service commencing from the date of most recent
employment with the City, for continuous service of more than one (1) year, vacation leave
credit shall accrue at the following rate
1 to 5 years of continuous service 14 working days per year
6 to 10 years of continuous service 17 working days per year
11 to 15 years of continuous service 20 working days per year
16 to 20 years of continuous service 22 working days per year
Over 21 years of continuous service 24 working days per year
Employees shall take vacation leave on a one-half (1/2) hourly 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 the employee,
was not able to take all of his/her accrued annual vacation leave during the year authorized
ARTICLE 8 — HEALTH AND WELFARE
8 1 A health care, dental care, orthodontics, and life insurance program shall be granted to
eligible employees and their dependents Except for group medical insurance for spouse
and children as provided in Section 8.2 herein, the cost shall be paid by the City
Said program shall consist of
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a. Association of Washington Cities (AWC) Regence HealthFirst Plan (PPO) or AWC
Group Health Plan
b The employee's choice of Washington Dental Service Plan F with Orthodontia Plan 1,
or the Willamette Dental Plan The City will pay up to what it pays for the Washington
Dental Service Plan F for those enrolling in the Willamette Dental Plan
c Vision Services Plan, and
d Standard Life Insurance for $30,000
The Association agrees to continue to cooperate with the City in the study of cost
containment measures. The Association will appoint one member to the City's Health Care
Cost Containment Committee In the event that the provider of the medical plan (The
Association of Washington Cities Employee Benefit Trust) discontinues offering the plan(s)
or materially alters the plan(s), the City and the Association shall enter into immediate
negotiations for the purpose of arriving at a mutually satisfactory replacement medical
plan(s) The City may self-insure medical, dental, and/or vision insurance coverage or
select a new medical, dental, and/or vision insurance plan provided that any replacement
plan/coverage has substantially equivalent benefits and network coverage The City and
the Association shall meet to explore alternative insurance coverage prior to selecting any
new medical, dental, and/or vision insurance plans The City recognizes its responsibility to
bargain with the Association the impact of those decisions and any other mandatory
subjects to bargaining
8 2 Each employee who enrolls his or her spouse or eligible dependent(s) in the AWC
HealthFirst Plan shall pay ten percent (10%) of the premium cost each month The City's
contribution toward medical insurance for spouse and eligible dependent(s) 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 employees who elect to enroll themselves and
their dependents The City shall pay the Group Health premium up to a maximum amount
that the City would pay for the employee's spouse and eligible dependent(s) as if the
employee selected the AWC HealthFirst plan or equivalent self-insured plan The employee
shall pay the difference between the Group Health and other plan for the monthly premium
of his/her spouse's and each dependent's medical insurance
8 3 Domestic Partner Coverage State-registered domestic partners and eligible dependents
enrolled in AWC HealthFirst or AWC Group Health Plan 2 ($10 co-pay) will have monthly
premiums paid at the same level as spouses and dependents in paragraph 8 2 above
84 Indemnity and Defense.
a CIVIL CLAIMS. The Employer shall provide legal counsel or reasonable attorney's
fees for representation and defense of civil lawsuits and hold employees harmless
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from any expenses, connected with the defense settlement or monetary judgments
from such actions, claims, or proceedings arising out of or incident to acts and/or
omissions occurring while the employee was acting in good faith in the performance
or purported failure of performance of his/her official duties or employment and
provided further that the employee was not engaging in criminal or malicious
misconduct. A criminal conviction shall be deemed conclusive proof of criminal
misconduct for the purposes of this section.
b INQUESTS. In an Inquest 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, if the employee elects to select his/her own
representation, the City will pay for reasonable legal services provided that the
employee has acted in good faith in the performance or purported failure of
performance of his/her official duties and, provided further that the employee was not
engaging in criminal misconduct. The attorney selected by the employee must have
a high level of experience in representing law enforcement officers in the use of
force The City shall have a reasonable right to approve the choice of counsel in light
of the requirements described herein, enter into a third party payer agreement with
the employee's private counsel; to review billings for such representation, and
approve all payments in writing 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
85 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.
86 The Employer shall provide for mandatory payroll deduction for a post retirement insurance
trust selected 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
The City of AUBURN has adopted the MSA VEBA Medical Reimbursement Plan for all
commissioned LEOFF II employees belonging to the Auburn Police Management
Association bargaining unit who do not have a military medical retirement plan The City of
Auburn agrees to provide a mandatory 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 (1) midyear adjustment, if the 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. The Commanders' MSA VEBA shall be funded by (1) Bi-
monthly employee contribution of 2% base annual salary, and (2) annual sick leave
contribution, and (3) sick leave contribution upon separation and (4) Effective January 1 ,
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2008, the City will make a bi-monthly contribution of two percent (2.0%) of base pay period
salary
Annual Sick Leave Contribution: Eligibility for participating on an annual basis is limited
to employees who have accumulated unused sick leave in excess of nine hundred and sixty
(960) hours All accumulated annual sick leave in excess of nine hundred and sixty (960)
hours shall be paid at twenty-five percent (25%) of the employee's then hourly base wage
into the trust.
Separation of Employment Contribution: Contributions to the Plan by all employees
covered by this Agreement, who leave employment with the City of Auburn by retirement,
death, disability, termination, or any other reason shall transfer all unused accumulated sick
leave into the trust, in accordance with the terms and conditions of the collective bargaining
agreement In effect at the time of signing
ARTICLE 9 — PENSIONS
9 1 Pensions for employees and contributions to pension funds shall be provided in accordance
with the laws of the State of Washington for eligible employees.
ARTICLE 10 — JURY DUTY
101 Time off with pay will be granted for jury duty Employees shall be required to report for
work for any portion of their regularly scheduled shift during which they are not actually
serving on a jury or waiting to be Impaneled, if a reasonable amount of time remains on that
shift in light of the court's location 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 fury duty from the Court.
ARTICLE 11 — SICK. DISABILITY BEREAVEMENT, AND EMERGENCY LEAVE
11 1 Sick leave credit shall accumulate for eligible employees at the rate of one (1) day,
i.e , eight (8) hours per month. Sick leave is accumulative to a maximum of one
hundred twenty (120) days (i.e , 960 hours), except as provided in Section 11 7
below Sick leave credit may be used for time off with pay for bona fide cases of
incapacitating sickness or injury and for the period of disability resulting from
pregnancy or childbirth, or in accordance with the federal Family and Medical Leave
Act or Washington Family Care Act. Any employee found to have abused sick
leave by falsification or misrepresentation of same shall be subject to disciplinary
action Employees shall take sick leave on an hourly basis
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11.2 A verifying statement from the employee's physician may be required by the Chief
of Police, at his 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
consecutive days, which ever occurs first. In requiring a physician's statement, the
Chief, or his designee, shall do so for the purpose of assuring that employees are
utilizing sick leave benefits for the purposes intended by this Agreement.
11 3 Employees incapacitated by illness or injury shall notify the Chief of Police as far in
advance of their scheduled starting time as possible that he/she is to report for
duty During periods of extended illness, employees shall keep the Chief of Police
informed as to their progress and potential date of return to work.
11 4 An employee shall be allowed up to three (3) days bereavement plus three (3) days
chargeable sick leave for death in the immediate family requiring his/her presence
upon approval of the Chief of Police Immediate family shall include the father,
father-in-law, mother, mother-in-law, spouse, brother, sister, children and
stepchildren of the employee, employee's grandparents, and stepparents
11 5 An employee may use up to twelve (12) workweeks of leave each year in
accordance with the provisions of the federal Family Medical Leave Act (FMLA),
and Washington State Family Care Act. The City uses the 'rolling" twelve (12)
month calendar method
An employee who has worked for the City at least twelve (12) months, including at
least 1250 hours in the last twelve (12) months, may be entitled to twelve (12)
workweeks of paid/unpaid leave in any twelve-month period
(1) to care for a newborn or newly adopted child or newly placed foster child, (2) to
care for a child, parent, or spouse who has a serious or terminal health condition, or
(3) to attend to a personal serious health condition
An employee must give the Chief of Police, or designee, at least thirty (30) days
written notice by completing a Leave Request Form, in advance of the anticipated
date of the leave is to begin (14 days notice for a leave due to a child's terminal
illness) 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 any other
paid leave accrued prior to using unpaid leave
Use of the above paid leave applies toward the twelve (12) workweek entitlement,
and is not in addition to the entitlement.
Upon return from the leave, the employee is entitled to return to the same position
held, or a comparable position with comparable compensation (in accordance with
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the federal FMLA) when the leave began unless the position would have been
eliminated had the employee not been on leave
Care for a newborn or newly adopted child or newly placed foster child FMLA
leave must be taken within twelve (12) months of the birth, adoption, or placement
of a child If both parents are employed by the City, together they are entitled to a
total of twelve (12) workweeks of paid/unpaid leave under this paragraph.
In the case of maternity/paternity, any leave taken prior to the birth of the child for
prenatal care or inability to work prior to the actual birth will be assessed towards
the twelve work week period In addition to the twelve (12) weeks of FMLA, the
employee is also entitled to leave for the entire period that she Is temporarily
disabled due to pregnancy or child birth pursuant to Washington State law
Time loss due to disability prior to or following giving birth will be assessed towards
the twelve (12) work week period
Intermittent or reduced leave for birth or placement for adoption or foster care of a
child may only be taken with Chief of Police approval Certification by a health care
provider may be required
Care of a child, parent or spouse who has a serious or terminal health condition, or
to attend to a personal serious health condition Certification and/or second or third
opinions by a health care provider may be required for leave approval Re-
certification may be required every thirty (30) days A fitness for duty certificate
signed by the consulting physician may be required upon return from leave
Leave may be requested and granted on an intermittent basis or on a reduced
workweek schedule if medically necessary The employee must provide medical
certification within fifteen (15) days of the date requested The employee must
attempt to schedule his/her intermittent or reduced leave so as not to disrupt the
City's operation
11 6 Upon retirement, death, or termination of good standing (not termination for cause)
the employee shall be reimbursed at current rate of pay for unused accrued sick
leave up to a maximum of 960 hours in accordance with the following schedule
based on continuous years of service
Upon Completion of Percent of Accrued
Years of Service Unused Sick Leave
0-4 years 0% (except in the event of death occurring in the
line of duty, 25% of such employee's accrued
unused sick leave shall be paid to the employee's
beneficiary )
5-14 years 25%
15-24 years 50%
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25 years and over 100%
Employees hired into the Commissioned Officers Guild or the Auburn Police
Management Association after November 30, 1993, shall not be subject to the
above sick leave cash out provisions but shall be reimbursed for 35% of
accumulated and unused sick leave upon separation from employment in good
standing, retirement, death, or disability retirement.
Employees hired into the Commissioned Officers Guild or the Auburn Police
Management Association after November 30, 1993, with a minimum of four
hundred and eighty (480) hours of accumulated and unused sick leave and a
minimum of twenty-five (25) years of service shall be reimbursed for 45% of
accumulated and unused sick leave upon separation from employment in good
standing, retirement, death, or disability retirement.
11 7 When an employee has accumulated 960 hours, i e., 120 days, of sick leave, sick
leave shall continue to accumulate at the normal rate of eight (8) hours, i.e , one (1)
day, per month until the end of the calendar year at which time all sick leave in
excess of 960 hours accumulated by the employee shall be paid at 25% of the
employee's then hourly rate into the VEBA (See paragraph 8 6)
11 8 When an employee covered by the LEOFF II Retirement System is disabled as the
proximate result of an on-the-job injury as covered by Washington State Workers'
Compensation and Industrial Insurance, the City shall compensate the employee
for the difference between his Workers' Compensation entitlement and his 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. The City will be under no
obligation to continue the employee's regular salary upon two (2) weeks notice by
the City to the employee of their failure to receipt time loss payments Thereafter,
the City will only compensate the employee for the difference between Workers'
Compensation entitlement and his regular salary until the employee is in
compliance with this section. The City agrees to maintain this section in the
contract and the Association agrees to limit the sick leave cash out for new hires
11 9 The City shall pay a $4000 death benefit to the estate of a police officer killed in the
line of duty Such payment shall be for funeral and related expenses.
ARTICLE 12 — UNIFORMS AND CLOTHING ALLOWANCE
12.1 Technological advances and equipment changes will require special attention Uniform and
equipment standards need to be kept up-to-date All requests for uniform/equipment
replacement shall be submitted to the employee's immediate supervisor Requests for
uniform/equipment replacement will be completed as soon as reasonably possible The
department will designate the uniform/equipment supplier(s) Uniforms and equipment will
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only be purchased/obtained from the designated supplier(s), including voucher items
Specialty units may utilize specialty outlets/sources for some equipment needs
12.2 Commanders will be on a Quartermaster System and will be issued their full compliment of
uniforms/equipment according to the list of agreed upon items attached as Appendix B All
uniforms/equipment are owned by the City
12.3 Commanders will be entitled to have up to four (4) uniform items cleaned per week.
12.4 Commanders will be given a clothing allowance of $600 00 per year and entitled to have up
to four (4) items dry cleaned or may have three (3) items dry cleaned and five (5) shirts
laundered per week for maintenance of business attire Effective January 1 , 2008, the
clothing allowance was integrated into the base pay wage scale
ARTICLE 13 — EMPLOYMENT PRACTICES
13 1 Layoff. Personnel reductions through layoff procedures and reinstatement from such layoffs
shall in accordance with the Civil Service Rules and Regulations of the City of Auburn
13 2 Seniority. Whenever employees are appointed to a classification effective the same date,
seniority shall be established by the highest grade on the total examination in accordance
with Rule 10 of the Civil Service Rules
13 3 Tobacco Use. Tobacco use shall not be allowed in City vehicles or buildings. However,
smoking is allowed in designated smoking areas. It is the intent of the parties to continue to
comply with the City's tobacco use policy in effect as of May 7, 2001
134 Probationary Periods. Probationary periods upon initial appointment shall not exceed one
year and may not be extended without the written agreement of the Association
Probationary periods upon promotion shall not exceed one year and shall not be extended
without the written agreement of the Association A probationary period shall be extended
for the number of workdays equal to the number of workdays an employee was absent in
excess of 10 workdays during the probationary period During an employee's initial
probationary period he/she may be discharged by the Employer at will and such discharge
shall not be subject to the grievance procedure During a promotional probationary period
an employee may be reverted to his/her former classification and such reversion shall not
be subject to the grievance procedure
ARTICLE 14 —MANAGEMENT RIGHTS
141 Subject to the Association's right to negotiate mandatory subjects of bargaining the
Association recognizes the prerogatives of the City to operate and manage its affairs in all
respects in accordance with its responsibilities and powers of authority
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142 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
143 The City reserves the right to discharge or discipline an employee for just cause The City
reserves the right to lay off personnel for lack of funds, or for the occurrence of conditions
beyond the control of the department. The City shall have the right to determine reasonable
schedules of work in accordance with Section 41 and to establish the methods or
processes by which such work is performed
144 No policies or procedures covered in this Agreement shall be construed as delegating to
others or as reducing or abridging any of the authority conferred on City officials as defined
in the following:
a The ordinance responsibility of the Mayor as Chief Executive Officer of the
City for enforcing the laws of the State and City, passing upon ordinances
adopted by the City Council, recommending an annual budget or directing the
proper performance of all executive departments,
b The responsibility of the City Council for the enactment of ordinances, the
appropriation of moneys,
C. The legal responsibility of the Civil Service Commission, as provided by State
Statute, subject to any applicable bargaining duty of the City and the terms of
this Agreement.
d. The responsibility of the Chief of Police and his/her delegates governed by
ordinances, Civil Service Rules and Department Rules and as limited by the
provisions of the Agreement, and provided that such actions do not affect
mandatory subject of bargaining
1 To recruit, assign, transfer, or promote members to positions within the
department.
2. To take disciplinary action against members for just cause,
3 To determine methods, means, and personnel necessary for departmental
operations,
4 To control department budget; and
5 To take whatever actions are necessary in emergencies in order to assure
the proper functioning of the department.
Auburn Police Management Association
January 1, 2013— December 31, 2015
Page 15 of 25
ARTICLE 15 — GRIEVANCE PROCEDURE
15 1 For purposes of this Agreement, the term "grievance" means any dispute between the
Employer and the Association concerning an alleged breach or violation of this Agreement.
Step 1. Any alleged grievance shall be taken up with the employee's immediate supervisor within
ten (10) working days of its alleged occurrence The parties agree to make every effort to
settle the grievance promptly at this level.
In the event the grievance is unresolved, the Association and/or employee shall determine
whether to appeal the grievance through the Civil Service Commission or process the
grievance to Step 2 of the grievance procedure contained herein with in five (5) days of
the meeting with the employee's immediate supervisor Should the employee choose to
file an appeal with the Civil Service Commission, the employee shall provide the Employer
and the Association with written notice of such election
Step 2 The grievance shall be reduced to written form by the aggrieved employee stating the
section of the Agreement violated and explaining the grievance in detail and remedy
sought The employee and/or the Association shall present the written grievance to the
Human Resources Director and the Chief of Police who will conduct a meeting within five
(5) working days of receipt of the written grievance The Chief of Police shall make a
decision on the matter in writing within ten (10) working days from such meeting Copies
of the Chief's decision will be furnished to the aggrieved, Association representative, and
the Mayor Grievances involving suspension, demotion, or discharge shall begin at Step
2.
Step 3. Any grievance remaining unresolved after the decision has been rendered in Step 2 shall
be transmitted to the Mayor in writing within ten (10) working days whereupon the Mayor
shall conduct an investigatory hearing within five (5) working days of the receipt of the
written grievance The Mayor shall render a decision within five (5) working days of such
hearing
Step 4. Should the grievance not be resolved in Step 3 and should further consideration be
desired by the grievant, a written notification requesting arbitration must be filed with the
Mayor within fourteen (14) working days The parties shall mutually select a disinterested
third party to serve as arbitrator In the event the Employer and Association are unable to
agree on an arbitrator, the arbitrator shall be selected by the process of elimination from a
panel of seven (7) arbitrators furnished by the American Arbitration Association (AAA)
The AAA request shall state the issue The arbitrator shall confine himself to the precise
issue submitted for arbitration and shall have no authority to determine any other issues
not so submitted to him The arbitrator shall have jurisdiction and authority only to
interpret, apply, or determine compliance with the specific terms of the Agreement and
shall not add to, detract from, or alter in any way, the provisions of this Agreement. The
decision shall be final and binding upon both parties Each party shall initially bear their
own expenses and fees Provided, however, the arbitrator may award reasonable
Auburn Police Management Association
January 1, 2013— December 31, 2015
Page 16 of 25
attorneys' fees and expenses to the prevailing party if specifically provided by applicable
law
15.2 Any time limits stipulated in the grievance procedure may be extended for stated periods of
time by the appropriate parties by mutual agreement in writing Pending final decision of
any grievance by any of the above procedures, work shall continue without interruption
153 A grievance that involves or affects a significant portion of the employees in the bargaining
unit may be introduced by the Association in written form to the Chief of Police as set forth
in Step 2 of the grievance procedure and processed as set forth there from
ARTICLE 16 — WORK STOPPAGES
161 The City and the Association agree that the public interest requires efficient and
uninterrupted performance of all City services and to this end pledge their best efforts to
avoid or eliminate any conduct contrary to this objective Specifically, the Association shall
not cause or condone any work stoppage, including any strike, slowdown, refusal to perform
and customarily assigned duties, sick leave absence which is not bona fide, or other
interference with City functions by employees under this Agreement and should same occur,
the Association agrees to take appropriate steps to end such interference Any concerted
action by any employee in any bargaining unit shall be deemed a work stoppage if any of
the above activities has occurred
ARTICLE 17 — BULLETIN BOARDS
17 1 Electronic Mail. The Police Management Association may use the City's electronic mail (E-
Mail) for communications pertaining to Association business, i.e meeting times, places and
agendas, voting, election results, and various topics of Association business on issues
effecting the administration of the collective bargaining agreement with the City of Auburn
All communications on E-mail by Association members will be reviewed and approved by a
member of the Association Executive Board to determine the appropriateness of the
communication in accordance with this section prior to being sent.
E-Mail communications will not contain profanity, abusive language, or derogatory language
of a discriminatory nature against individuals of a protected class
ARTICLE 18 — BILL OF RIGHTS
18 1 The Employer retains the right to adopt rules for the operation of the Auburn Police
Department and the conduct of its employees provided that such rules do not conflict with
City ordinances, City and State Civil Service Rules and Regulations as they exist, or any
provision of this Agreement; and provided further that such rules do not affect mandatory
subjects of bargaining It is agreed that the Employer has the right to discipline, suspend, or
discharge any employees subject to the provisions of the City ordinances, City and State
Civil Service Rules and Regulations as they exist, and terms of this Agreement.
Auburn Police Management Association
January 1, 2013— December 31, 2015
Page 17 of 25
a. In an effort to ensure that investigations made by Superior Officers, as designated by
the Chief of Police of the Auburn Police Department, are conducted in a manner
which is conducive to good order and discipline, the Auburn Police Management
Association shall be entitled to the protection of what shall hereafter be termed as the
"Police Officers' Bill of Rights"
b Every employee who becomes the subject of an internal investigation shall be
advised at least 48 hours prior to the interview that he/she is suspected of
1 Committing a criminal offense,
2. Misconduct that would be grounds for termination, suspension, or other
disciplinary actions, or,
3 That he/she may not be qualified for continued employment with the
department.
4 That he/she has the right to Union representation and legal counsel during the
interview
c Any employee who becomes the subject of an investigation may have legal counsel
present during all interviews This representation by counsel is confined to
counseling, and not actual participation in the investigation Nothing in this
agreement, however, shall be deemed a waiver of an employee's right to Union
representation A criminal investigation as used herein shall be interpreted as any
action, which could result in the filing of a criminal charge A major investigation as
used elsewhere in this Article shall be interpreted as any action, which could result in
dismissal from the Department or the filing of a criminal charge
d. The employee under investigation must, at the time of an interview, be informed of
the name of the officer in charge of the investigation and the name of the officer who
will be conducting the interview
e The employee shall be Informed In writing as to whether her/she is a witness or
suspect at least forty-eight (48) hours before any interview commences If the
employee is a suspect, he/she shall be appraised in writing of the allegations of such
complaints at least forty-eight (48) hours before any interview commences
f The interview of any employee shall be at a reasonable hour, preferably when the
employee is on duty, 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 major investigation interview be
recorded, either mechanically or by a stenographer There can be no "off the record"
Auburn Police Management Association
January 1, 2013 — December 31, 2015
Page 18 of 25
questions Upon request, the employee under major investigation shall be provided
an exact copy of any written statement he/she has signed, or of a verbatim transcript
of any interview
h. Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of intimidation or coercion In all major investigation
interviews, the employee shall be afforded an opportunity and facilities to contact and
consult privately with an attorney of his/her own choosing, before being Interviewed
Such opportunity to contact and consult privately with a private attorney shall not
unduly delay the investigation interview The employee shall be entitled to such
reasonable intermissions, as he/she shall request for personal necessities, meals,
telephone calls, and rest periods
i. All interviewing shall be limited in scope to activities, circumstances, or events which
pertain to the employee's conduct or acts which may form the basis for disciplinary
action under one (1) or more of the categories contained in "2" herein.
j The employee will not be threatened with dismissal or other disciplinary punishment
as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to
abusive or offensive language or Intimidation in any other manner No promises or
rewards shall be made as an Inducement to answer questions
k. No employee shall be required to submit to a polygraph test. The employee shall not
be terminated or have any other penalty imposed upon him/her for not taking a
polygraph test.
I. Should any section, sub-section, paragraph, sentence, clause, or phrase in this
article be declared unconstitutional or invalid, for any reason, such decision shall not
affect the validity of the remaining portions of this article
m The investigation shall be completed in a reasonable amount of time in light of the
circumstances and discipline shall be imposed within a reasonable amount of time
after the conclusion of the investigation
n Upon completion of the Investigation and upon request from the Association, the
employee under investigation shall be promptly informed of the results of the
investigation If the preliminary findings of the investigation are that the complaint
should be sustained, or other misconduct found, the employee and his/her
Association representative shall be furnished a complete copy of the investigation
report, and entire investigation file, prior to the City making a final decision and
sufficiently in advance of any Loudermill Hearing
ARTICLE 19 — SAVING 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
Auburn Police Management Association
January 1, 2013 — December 31, 2015
Page 19 of 25
enforcement of any article should be restrained by such tribunal, the remainder of the
Agreement and addendum's shall not be affected thereby and the parties shall enter into
immediate collective bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement of such article
ARTICLE 20 — ENTIRE AGREEMENT
20 1 The Agreement expressed herein in writing constitutes the entire Agreement between the
parties and no oral statement shall add to or supersede any of its provisions
ARTICLE 21 — RETENTION OF BENEFITS
21 1 This Agreement shall not operate to reduce any benefits specified in this Agreement which
are now more favorably enjoyed by any of the employees covered herein.
ARTICLE 22 — DRUG TESTING
22 1 Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or
possession by an employee of illegal drugs is strictly prohibited and may result in
disciplinary action, including immediate termination For the purpose of this policy,
substances that require a prescription or other written approval from a licensed physician or
dentist for their use shall also be included when used other than as prescribed Each
employee must advise the Employer if they are using prescription or other over-the-counter
drugs they know or reasonably should know may impair their ability to perform job functions
and/or operate machinery such as automobiles Under appropriate circumstances the
Employer may request the employee provide written medical authorization to perform
various essential job functions from a physician while using such drugs
Any voluntary request by an employee for assistance with his/her own alcohol abuse
problem will remain confidential and shall not be used as the basis for any disciplinary
action provided that the request for assistance is initiated prior to being identified as
impaired through the procedures herein
The parties recognize the essential purpose of any law enforcement agency is to enforce
the criminal laws Moreover, the parties recognize the courts have held it would
substantially impair law enforcement agencies if they were required to employ individuals
within their ranks who have violated the very laws said agencies are charged with enforcing
Therefore, the Employer reserves the right to refuse to employ or continue the employment
of individuals who are or have been engaged in serious criminal conduct, whether drug
related or not.
Where a supervisory employee of the City has a reasonable suspicion to believe an
employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the
employee in question will be asked to submit to discovery testing including, breath tests,
urinalysis, and/or a blood screen to identify any involvement with alcohol or illegal drugs
Auburn Police Management Association
January 1, 2013— December 31, 2015
Page 20 of 25
An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall
be conclusively presumed to be under the influence of alcohol or an illegal drug for the
purpose of administering this Article
For the purpose of administering this Article, the following definition of terms is provided
Reasonable Suspicion — Reasonable suspicion is based on specific objective facts and
reasonable inferences from those facts in the light of experience, that discovery testing will
produce evidence of illegal drug or improper alcohol use by that particular employee
Under the Influence — The following cutoff levels shall be used for the initial screening of
specimens to determine whether they are negative for these drugs or classes of drugs
(n/ml Test Level
Amphetamines 1000
Barbiturates 300
Benzodiazepines 300
Cannabinoids 100
Cocaine metabolites 300
Methadone 300
Methadone 300
Methaqualone 300
Opiates (Codeine) 300
Opiates (Morphine) 300
Phencyclidine (PCP) 25
Propoxyphene 300
Level of the positive result for ethyl alcohol 0 04 gr/dl
Illegal Drugs — Are defined as all forms of narcotics, depressants, stimulants, hallucinogens,
and cannabis, which sale, purchase, transfer, or unauthorized use or possession is
prohibited by law
Over-the-Counter-Drugs — Are those which are generally available without a prescription
and are limited to those drugs which are capable of impairing the judgment of an employee
to safety perform the employee's duties
Prescription Drugs — Are defined as those drugs, which are used in the course of medical
treatment and have been prescribed and authorized for use by a licensed
practitioner/physician or dentist.
22 2 If an employee is required to submit to a drug test, the following procedure shall be
followed
Auburn Police Management Association
January 1, 2013— December 31, 2015
Page 21 of 25
a. The employee shall be given an opportunity to confer with an Association
representative if one is readily available and the employee has requested said
conference
b The employee shall be given an opportunity to explain the reasons for the
employee's condition, such as reaction to a prescribed drug, fatigue, exposure to
toxic substances, or any other reasons known to employee to the test administrator
The Employer and an Association representative may be present during this
discussion.
C The Employer may request urine and/or blood samples.
d Urine and blood samples shall be collected at a local laboratory, hospital, or medical
facility The Employer shall transport the employee to the collection site The
Employer and/or Association representative may be allowed to accompany the
employee to the collection site and observe the bottling and sealing of the specimen
The employee shall not be observed by the Employer when the urine specimen is
given
e. All specimen containers, vials, and bags used to transport the specimen shall be
sealed to safeguard their integrity, in the presence of the Employer, employee, and
the Association representative and proper chain-of-custody procedures shall be
followed.
f The collection and testing of the samples shall be performed only by a laboratory and
by a physician or healthcare professional qualified and authorized to administer and
determine the meaning of any test results The laboratory performing the test shall
be one that is certified by the National Institute of Drug Abuse (NIDA) The laboratory
chosen must be agreed to between the Association and the Employer The
laboratory used shall also be one whose procedures are periodically tested in a
program where they analyze unknown samples sent by an independent party The
results of such tests shall be made available to the Employer and the Association
g If a specimen tests positive in an immunoassay screen test, the results must be
confirmed by a gas chromatography/mass spectrometry tests The specimen must
show positive results at/within the following limits on the GC/MS (gas
chromatography/mass spectrometry) confirmatory test to be considered positive
If immunoassay is specific for free morphine the initial test level is 25 g/ml.
Confirmatory Test
Marijuana metabolites 15 ng/ml
Cocaine metabolites 150 ng/ml
Opiates
Morphine 300 ng/ml
Auburn Police Management Association
January 1, 2013— December 31, 2015
Page 22 of 25
Codine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
h. At the employee's or the Association's option, a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the Association for testing The cost
of this test will be paid by the Association or the employee Failure to exercise this
option may not be considered as evidence in an arbitration or other proceeding
concerning the drug test or its consequences The results of this second test shall be
provided to the City
I The employee and the Association shall be informed of the results of all tests, and
provided with all documentation regarding the tests as soon as the test results are
available
22.3 The parties shall designate a Medical Review Officer (MRO) to review all confirmed positive
test results and communicate those results to the Employer The MRO shall have the
responsibility to determine when an individual has failed a drug test in accordance with the
standards enumerated herein The MRO shall retain all records of all positive tests for at
least five (5) years and records of all negative tests for at least one (1) year
22.3 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
Auburn Police Management Association
January 1, 2013 — December 31, 2015
Page 23 of 25
ARTICLE 23 - DURATION
23 1 This agreement shall become effective on January 1 , 2013 until December 31 , 2015
Signed this day of 2013 at Auburn,
Washington
CITY OF U AUBURN POLICE MANAGEMENT ASSOCIATION
By By �.
Mayor Auburn Police Marda4ement Association
Akdll
Director of(HHuman Res�Jources
By �c( 11—Aldl
City Clerk
Approved o Form
By (2/jt) V _
City Atto n
Auburn Police Management Association
January 1, 2013 — December 31, 2015
Page 24 of 25
Appendix "A"
2013
CLASSIFICATION BASE WAGE
Commander $4,821 54 per pay period effective January 1, 2013
(Effective January 1, 2013, a four percent (4%) wage increase
applied to the 2012 Commander's pay period salary schedules.
Effective September 1, 2013, an additional two percent (2%) wage
increase )
PLUS LONGEVITY (Added to base wage)
5 8 11 14 17 20
Position Years Years Years Years Years Years
2% 3.5% 5% 65% 8% 9%
Commanders $4,91797 $4,99029 $5,06262 $5,134 94 $5,20726 $5,25548
$96.43 $168.75 $241 08 $313 40 $38572 S43394
2014 PAY PLAN
One and a half percent (1 5%) wage increase effective January 1, 2014 One and a half percent (1 5%)
wage increase effective September 1, 2014
2015 PAY PLAN
One and a half percent (1 5%) wage increase effective January 1, 2015 One and a half percent (1 5%)
wage increase effective September 1, 2015
Auburn Police Management Association
January 1, 2013 — December 31, 2015
Page 25 of 25
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
And
THE AUBURN POLICE MANAGEMENT ASSOCIATION
The City ofi Aubum and the Auburn Police Management Association are parties to the
2013-20T5 coilective bargaining agreement. Du�ing recent negotiations, both parties
agreed to the following language:
11.8 When an employee covered by the LEOFF II Retirement System is disabled as the
proximate result of an on-the-job injury as covered by Washington State WorRers'
Compensation and Industrial Insurance, the City shall compensate the employee for
the difference between his Workers' Compensation entitlement and his 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. The City will be under no
obligation to continue the employee's regular salary upon two (2) weeks notice by
the City to the employee of their failure to receipt time loss payments. Thereafter,
the City will only compensate the employee for the difference between the Workers'
Compensation entitlement and his regular salary until the empioyee, is in
compliance with this section. The City agrees to maintain 4his section in the
contract and the Association agrees to IimiYthe sick leave cash out for new hires.
Both 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 back the
employee's;leave. To accomplish this, whenever an employee covered by the LEOFF II
Retirement System is temporarily totally disabled and'unable to work as the proximate
resuft of an on-the-job inju.ry as covered and defined by 1Nashington State Workers'
Compensation Industrial Insurance laws, the City will pay the employee his or her regular
salary (kept on salary as defined by RCW 51.32.090) as if he or she had continued to work
for a period notto exceed six (6) months, or the terminafion of the disability, whichever
comes first: This benefit shall only be granted prospectively from the date Workers'
Compensation benefits are applied for, unless the employee fails to make timely
applica4ion because of physical incapacitafiorr or for reasons beyond the employee's
control.
Except asexpressly amended herein, all otherprovisions ofithe January 1, 2013, through
December 31, 2015, collective bargaining agreement beiween the City of Aubum and the
Aubum Police Management Association remain in full force and effect.
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Signed this, � � � day of 1��.�6�0- , 2013, at Auburn, Washington
CITY OF AOBURN AUBURN POLICE GUILD
BY� BY���.4��_- /_J ���
Br nda Heineman '� Mike Hirman
Director of Human Resources and Aubum Police Management Representative
Risk Management
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