HomeMy WebLinkAbout5404RESOLUTION NO. 5404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE AUBURN
POLICE MANAGEMENT ASSOCIATION FOR 2019-2021
WHEREAS, the City recognizes the Auburn Police Management Association as
the exclusive bargaining representative of all Commanders in the Auburn Police
Department; and,
WHEREAS, the management of the Auburn Police Department and the City's
Human Resources & Risk Management Department have negotiated a collective
bargaining agreement for the years 2019-2021 that sets forth the salaries and conditions
of employment for the members of the bargaining unit; and,
WHEREAS, the City Administration and staff recommend Council authorize the
Mayor to sign the Agreement on behalf of the City, after approval of the Agreement by
the members of the bargaining unit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Collective Bargaining
Agreement between the City and the Auburn Police Management Association for the
calendar years 2019-2021, which agreement will be in substantial conformity with the
agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5404
January 22, 2019
Page 1 of 2
Rev. 2018
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this �.ar9 day of Som .2019.
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5404
January 22, 2019
Page 2 of 2
CITY OF AUBURN
RI�6A..
+• Q•• •-
APPROVED AS TO FORM:
hP"t ir-,-- l AI`f`P- AAA—
Steven L. Gross, City Attorney
Rev. 2018
ATTACHMENT A
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN POLICE MANAGEMENT ASSOCIATION
(2019-2021)
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........................................................................ 5
ARTICLE 5 - CLASSIFICATIONS AND SALARIES ............................................ 5
ARTICLE 6 - HOLIDAYS..................................................................................... 6
ARTICLE7 - VACATIONS................................................................................... 7
ARTICLE 8 - HEALTH AND WELFARE.............................................................. 7
ARTICLE 9 - PENSIONS................................................................................... 11
ARTICLE 10 - JURY DUTY............................................................................... 11
ARTICLE 11 -SICK, DISABILITY, BEREAVEMENT, & EMERGENCY LEAVE 11
ARTICLE 12 - UNIFORM AND CLOTHING ALLOWANCE ............................... 14
ARTICLE 13 - EMPLOYMENT PRACTICES..................................................... 15
ARTICLE 14 - MANAGEMENT RIGHTS........................................................... 15
ARTICLE 15 - GRIEVANCE PROCEDURE...................................................... 16
ARTICLE 16 - WORK STOPPAGES................................................................. 18
ARTICLE 17 - BULLETIN BOARDS.................................................................. 18
ARTICLE 18 - BILL OF RIGHTS....................................................................... 18
ARTICLE 19 - SAVINGS CLAUSE.................................................................... 21
ARTICLE 20 - ENTIRE AGREEMENT.............................................................. 21
ARTICLE 21 - RETENTION OF BENEFITS...................................................... 21
ARTICLE 22 - DRUG TESTING........................................................................ 21
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 2 of 26
ARTICLE 23 — DURATION................................................................................. 26
Appendix.,A......................................................................................................... 27
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 3 of 26
AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN POLICE ASSOCIATION COMMANDER'S UNIT
2019-2021
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 The City agrees to deduct from the paycheck for each employee, who has so authorized it in
writing, 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.
2.2 An employee may revoke his or her authorization for payroll deduction of payments to the
Association by written notice to the City and Association. Every effort will be made to end
the deduction effective on the first payroll, but not later than the second payroll, after the
City's receipt of the employee's written notice.
2.3 The Association agrees to defend and indemnify and save the City harmless against any
liability which may arise by reason of any action taken by the City to comply with the
provisions of this Article, including reimbursement for any legal fees or expenses incurred in
connection with such action. The City will promptly notify the Association in writing of any
claim, demand, suit, or other form of liability asserted against the City relating to its
implementation of this Article.
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
Auburn Police Management Association
January 1, 2019— December 31, 2021
Page 4 of 26
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.
3.4 The Association shall have access and use of a copy machine through City Administration
at $0.15 per copy.
ARTICLE 4 — HOURS OF WORK
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.
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
Auburn Police Management Association
January 1, 2019—December 31, 2021
Page 5 of 26
considered a part of this Agreement. Paydays for employees covered by this Agreement
shall be on the 8th and 23rd of each month.
5.2 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 Years
8 Years
11 years
14 Years
17 years
20 Years
23 Years
2%
1 3.5%
5%
6.5%
8%
9%
10%
5.3 Employees in the Association will be eligible to receive tuition reimbursement of a maximum
of three thousand dollars ($3,000.00) 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
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas 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.
6.3 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.
6.4 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.
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 6 of 26
6.6 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 120 hours per year
6 to 10 years of continuous service 144 hours per year
11 to 15 years of continuous service 176 hours per year
16 to 20 years of continuous service 192 hours per year
Over 21 years of continuous service 208 hours per year
Employees shall take vacation leave on a half (1/2) 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 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 healthcare, 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 may consist of:
a. Premera (PPO), Kaiser Permanente ($20 co-pay/$200deductible), or substantially
equivalent plan(s) by mutual agreement. The City also may implement a high
deductible health plan(s) as an additional option for those employees interested. If
the City wishes to make revisions to the Health and Welfare Provisions, the City and
Auburn Police Management Association
January 1, 2019—December 31, 2021
Page 7 of 26
Association agree to reopen Article 8 in 2019 to negotiate benefits for 2020 and
2021;
b. The employee's choice of Washington Dental Service Plan F with Orthodontia Plan 1,
the Willamette Dental Plan, or substantially equivalent plan(s) by mutual agreement.
The City will pay up to what it pays for the Washington Dental Service Plan F for
those enrolled in the Willamette Dental Plan.
C. Vision Services Eye Care, or substantially equivalent plan(s) by mutual agreement;
and
d. Life Insurance with a death benefit for $50,000.
The parties are aware that the "Cadillac" tax provisions of the Affordable Care Act, if
implemented, may impose a heavy tax burden on the City beginning in 2022. In order for
the parties to address that burden, this Article shall be reopened for the purpose of
negotiating a mutually satisfactory replacement medical plan (including any related HRA
contributions) for 2022. This reopener is subject to the following:
o If the parties fail to reach agreement on the replacement medical plan prior to
January 1, 2022, all health reimbursement account contributions will cease, if the
Affordable Care Act continues to be counted towards the "Cadillac" tax provisions,
regardless if it is an employee or employer contribution. This change will become
effective December 31, 2021, if no agreement has been made between both parties
related to the replacement medical plan.
The Association agrees to continue to cooperate with the City in the study of cost
containment measures. The Association will appoint one member to the City's Health Care
Cost Containment Committee. The City may self -insure medical, dental, and/or vision
insurance coverage or select a new medical, dental, and/or vision insurance plan has and
shall make every effort to maintain substantially equivalent benefits at a reasonable cost.
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 PPO 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 PPO Plan. The City shall continue to
make available the AWC Kaiser Permanente ($20 co-pay/$200 deductible) medical
insurance plan for those 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 eligible dependent(s) as if the employee selected the PPO plan or
equivalent self-insured plan. The employee shall pay the difference between the Kaiser
Auburn Police Management Association
January 1, 2019—December 31, 2021
Page 8 of 26
Permanente and other plan for the monthly premium of his/her spouse's and each
dependent's medical insurance.
Eligible employees may opt out of medical insurance coverage, providing that proof of
current medical insurance is provided and a waiver of coverage is initiated. Alternate
medical coverage must be maintained. Proof of current medical coverage will be required at
least annually. However, the City may require proof at any time. If the employee opts out of
medical coverage, the City shall make a cash payment of two hundred dollars ($200) per
month into deferred compensation to those employees that elect to opt out of medical.
8.3 Domestic Partner Coverage: State -registered domestic partners and eligible dependent(s)
enrolled in the PPO Plan or AWC Kaiser Permanente ($20 co-pay/$200 deductible) will
have monthly premiums paid at the same level as the spouse and dependent(s) in
paragraph 8.2 above.
8.4 Indemnity and Defense:
a. CIVIL CLAIMS: The Employer shall provide legal counsel or reasonable attorney's
fees for representation and defense of civil lawsuits and hold employees harmless
from any expenses, connected with the defense settlement or monetary judgments
from such actions, claims, or proceedings arising out of or incident to acts and/or
omissions occurring while the employee was acting in good faith in the performance
or purported failure of performance of his/her official duties or employment and
provided further that the employee was not engaging in criminal or malicious
misconduct. A criminal conviction shall be deemed conclusive proof of criminal
misconduct for the purposes of this section.
b. INQUESTS: In an Inquest 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.
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 9 of 26
8.5 Disability Insurance — The Employer shall provide for a mandatory payroll deduction for a
disability plan selected periodically and administered by the Association, unless the
employee has previously opted out of paying union dues. Participation will begin from date
of employment with the City.
8.6 The City has adopted the VEBA Medical Reimbursement Plan for all commissioned
employees belonging to the Auburn Police Management Association bargaining unit who do
not have a military medical retirement plan and will begin from the date of employment with
the City. The City agrees to provide a mandatory payroll deduction for this post Retirement
Medical Insurance Trust. All contributions made on behalf of each eligible employee will be
based on the individual's annual base salary. It is understood that all defined eligible
employees will be required to sign and submit to the City a VEBA Membership Enrollment
Form. The Commanders' VEBA shall be funded by: (1) Bimonthly employee contribution of
2% base annual salary, and (2) annual sick leave contribution, and (3) sick leave
contribution upon separation, and (4) the City will make a bimonthly contribution of two
percent (2.0%) of base pay period salary. After December 31, 2021, all contributions to the
VEBA plan will cease, if the Affordable Care Act continues to be counted towards the
"Cadillac" tax provisions. In that event, effective January 1, 2022, the City will contribute two
percent (2%) of base pay period salary into deferred compensation, if the employee
chooses to match the contribution.
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. After December 31, 2021, all contributions to the VEBA plan will cease, if the
Affordable Care Act continues to be counted towards the "Cadillac" tax provisions. In lieu of
said contributions to the trust, the employee may elect to receive the foregoing contribution
in a cash payment or into such deferred compensation program as the parties agree upon
(subject to any contribution caps or limitations imposed by applicable law).
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 VEBA trust. After December 31, 2021, all contributions to the VEBA plan will
cease, if the Affordable Care Act continues to be counted towards the "Cadillac" tax
provisions. In lieu of said contributions to the trust, the employee may elect to receive the
foregoing contribution in a cash payment or into such deferred compensation program as
the parties agree upon (subject to any contribution caps or limitations imposed by applicable
law).
Early VEBA Cash Out: In the event that contributions to the VEBA trust will cease
pursuant to the terms set forth above in this Article 8, the parties shall begin, no later than
July 1, 2021, negotiating a mechanism for the employees to cash out a portion of their
VEBA account prior to December 31, 2021 (if requested by the APMA).
Auburn Police Management Association
January 1, 2019— December 31, 2021
Page 10 of 26
ARTICLE 9 — PENSIONS
9.1 Pensions for employees and contributions to pension funds shall be provided in accordance
with the laws of the State of Washington for eligible employees.
ARTICLE 10 —JURY DUTY
10.1 Time off with pay will be granted for jury duty. Employees shall be required to report for
work for any portion of their regularly scheduled shift during which they are not actually
serving on a jury or waiting to be impaneled, if a reasonable amount of time remains on that
shift in light of the court's location. 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 eight (8)
hours per month. Sick leave is accumulative to a maximum of nine hundred and
sixty (960) hours, except as provided in Section 11.7 below. Sick leave credit may
be used for time off with pay for bona fide cases of incapacitating sickness or injury
and for the period of disability resulting from pregnancy or childbirth, or in
accordance 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 shall be subject to disciplinary action. Employees shall take sick
leave on an hourly basis.
11.2 A verifying statement from the employee's physician may be required by the Chief
of Police, at his/her option, whenever an employee claims sick leave for more than
three (3) consecutive days. In requiring a physician's statement, the Chief, or
designee, shall do so for the purpose of ensuring that employees are utilizing sick
leave benefits for the purposes intended by this Agreement.
a. Employees are required to use accrued paid time off during any state or federal
Family and Medical Leave (FML) absence before using leave without pay.
b. FML usage computations will be based upon a rolling twelve (12) month year
beginning on the date an employee takes his/her first FML leave.
11.3 Employees incapacitated by illness or injury shall notify the Chief of Police, or
designee, as far in advance of their scheduled starting time as possible that he/she
is to report for duty. During periods of extended illness, employees shall keep the
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 11 of 26
Chief of Police, or designee, 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, brother-in-law, sister, sister-
in-law, children, stepchildren, grandparents, grandparent -in-law, grandchildren, and
stepparents. A domestic partner, as defined by state law, shall receive the same
rights as a legally married spouse for the purposes of this section of the Agreement.
11.5 An employee may use up to twelve (12) workweeks of leave each 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 one thousand, two hundred and fifty (1,250) 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, 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 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 FML, 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, or comparable position with the same level of
compensation (in accordance with 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
Auburn Police Management Association
January 1, 2019— December 31, 2021
Page 12 of 26
the twelve workweek 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) workweek period.
Intermittent or reduced leave for birth or placement for adoption or foster care of a
child may only be taken with Chief of Police approval. Certification by a healthcare
provider may be required.
Care of a child, parent, 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 healthcare provider may be required for leave approval.
Recertification may be required every thirty (30) days. A fitness for duty certificate
signed by the consulting physician may be required upon return from leave.
Leave may be requested and granted on an intermittent basis or on a reduced
workweek schedule if 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 nine hundred and sixty (960) hours in accordance with
the following schedule based on continuous years of service:
Upon Completion of Percent of Accrued
Years of Service Unused Sick Leave
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 thirty-five percent
(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 forty-five
percent (45%) of accumulated and unused sick leave upon separation from
employment in good standing, retirement, death, or disability retirement.
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 13 of 26
After December 31, 2021, all contributions to the VEBA plan will cease, if the
Affordable Care Act continues to be counted towards the "Cadillac" tax provisions.
In lieu of said contributions to the trust, the employee may elect to receive the
foregoing contribution in a cash payment or into such deferred compensation
program as the parties agree upon (subject to any contribution caps or limitations
imposed by applicable law).
11.7 When an employee has accumulated 960 hours of sick leave, the sick leave shall
continue to accumulate at the normal rate of eight (8) hours per month until the end
of the calendar year at which time all sick leave in excess of nine hundred and sixty
(960) hours accumulated by the employee shall be paid at twenty-five percent
(25%) of the employee's then hourly rate into the VEBA (See paragraph 8.6). After
December 31, 2021, all contributions to the VEBA plan will cease, if the Affordable
Care Act continues to be counted towards the "Cadillac" tax provisions. In lieu of
said contributions to the trust, the employee may elect to receive the foregoing
contribution in a cash payment or into such deferred compensation program as the
parties agree upon (subject to any contribution caps or limitations imposed by
applicable law).
11.8 When an employee covered by the LEOFF II Retirement System is temporarily,
totally disabled and unable to work as the proximate result of an on-the-job injury as
covered by Washington State Workers' Compensation and Industrial Insurance
laws, the City shall compensate the employee for the difference between his/her
Workers' Compensation entitlement and his regular salary for a period not to
exceed one thousand and forty (1,040) hours or the termination of the disability,
whichever comes first (kept on salary as defined by RCW 51.32.090). To
accomplish this, the City shall pay the employee his/her regular salary for said
period.
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
Chief, or designee, will designate the uniform/equipment supplier(s). Uniforms and
equipment will only be purchased/obtained from the designated supplier(s), including
voucher items. Specialty units may utilize specialty outlets/sources for some equipment
needs.
12.2 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.
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 14 of 26
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 are entitled to have
up to four (4) items dry cleaned or may have three (3) items dry cleaned and five (5) shirts
laundered per week for maintenance of business attire. 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 be 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 score on the total examination in accordance
with Rule 10 of the Civil Service Rules.
13.3 Tobacco Use. Tobacco use, including the use of any vapor devices, 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.
13.4 Probationary Periods. Probationary periods upon initial appointment shall not exceed one
(1) 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
14.1 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.
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 The City reserves the right to discharge or discipline an employee for just cause. The City
reserves the right to layoff personnel for lack of funds, or for the occurrence of conditions
beyond the control of the department. The City reserves the right to determine reasonable
Auburn Police Management Association
January 1, 2019—December 31, 2021
Page 15 of 26
schedules of work in accordance with Section 4.1 and to establish the methods or
processes by which such work is performed.
14.4 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 and 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/or Department Rules and as limited by
the provisions of the Agreement; and provided that such actions do not affect
mandatory subjects of bargaining:
1. To recruit, assign, transfer, or promote members to positions within the
department.
2. To take disciplinary action against members for just cause;
3. To determine methods, means, and personnel necessary for departmental
operations;
4. To control department budget; and
5. To take whatever actions are necessary in emergencies in order to assure
the proper functioning of the department.
ARTICLE 15 — GRIEVANCE PROCEDURE
15.1 For purposes of this Agreement, the term "grievance" means any dispute between the
Employer and the 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.
Auburn Police Management Association
January 1, 2019— December 31, 2021
Page 16 of 26
In the event the grievance is unresolved, the Association and/or employee shall determine
whether to appeal the grievance through the Civil Service Commission or process the
grievance to Step 2 of the grievance procedure contained herein within five (5) working
days of the meeting with the employee's immediate supervisor. Should the employee
choose to file an appeal with the Civil Service Commission, the employee shall provide the
Chief of Police, Human Resources Director, and the Association with written notice of
such election.
Step 2: The grievance shall be reduced to written form by the aggrieved employee stating the
section of the Agreement violated and explaining the grievance in detail and remedy
sought. The employee and/or the Association shall present the written 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 Chiefs decision will be furnished to the aggrieved, Association representative, and
the Director of Human Resources. Grievances involving suspension, demotion, or
discharge shall begin at Step 2.
Step 3: Any grievance remaining unresolved after the decision has been rendered in Step 2 shall
be transmitted to the Director of Human Resources, to be adjudicated by the Mayor, in
writing within ten (10) working days whereupon the Mayor shall conduct an investigatory
hearing within five (5) working days of the receipt of the written grievance. The Mayor
shall render a decision within five (5) working days of such hearing.
Step 4: Should the grievance not be resolved in Step 3 and should further consideration be
desired by the grievant, a written notification requesting arbitration must be filed with the
Mayor within fourteen (14) working days. In that event, the parties shall promptly and
mutually submit the subject grievance to the Washington Public Employee Relations
Commissions (PERC) and PERC will conduct the arbitration. The arbitration request filed
with PERC shall state the issue. The arbitrator shall confine himself/herself to the precise
issue submitted for arbitration and shall have no authority to determine any other issues
not so submitted to him/her. The arbitrator shall have jurisdiction and authority only to
interpret, apply, or determine compliance with the specific terms of the Agreement and
shall not add to, detract from, or alter in any way, the provisions of this Agreement. The
decision shall be final and binding upon both parties. Each party shall initially bear their
own expenses and fees. Provided, however, the arbitrator may award reasonable
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.
15.3 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.
Auburn Police Management Association
January 1, 2019—December 31, 2021
Page 17 of 26
ARTICLE 16 — WORK STOPPAGES
16.1 The City and the Association agree that the public interest requires efficient and
uninterrupted performance of all City services and to this end pledge their best efforts to
avoid or eliminate any conduct contrary to this objective. Specifically, the Association shall
not cause or condone any work stoppage, including any strike, slowdown, refusal to perform
customarily assigned duties, sick leave absence which is not bona fide, or other interference
with City 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 have occurred.
ARTICLE 17 — BULLETIN BOARDS
17.1 Electronic Mail. The Police Management Association may use the City's electronic mail
(Email) 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 Email 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.
Email communications will not contain profanity, abusive language, or derogatory language
of a discriminatory nature against individuals of a protected class and must comply with
applicable City policies.
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.
a. In an effort to ensure that disciplinary interviews 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". The "disciplinary interview" may be conducted by an outside
consultant at the Police Chiefs discretion. The Chief may delegate to the outside
consultant the authority to question the employee during the interview process.
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 18 of 26
b. Every employee who becomes the subject of a disciplinary interview shall be advised
at least forty-eight (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 a criminal 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 disciplinary interview be recorded,
either mechanically or by a stenographer. There can be no "off the record"
questions. Upon request, the employee in a disciplinary interview shall be provided
an exact copy of any written statement he/she has signed, or of a verbatim transcript
of any interview.
h. Interviewing shall be completed within a reasonable time and shall be done under
circumstances devoid of intimidation or coercion. In all disciplinary interviews, the
employee shall be afforded an opportunity and facilities to contact and consult
Auburn Police Management Association
January 1, 2019— December 31, 2021
Page 19 of 26
privately with an attorney of his/her own choosing, before being interviewed. Such
opportunity to contact and consult privately with a private attorney shall not unduly
delay the disciplinary interview. The employee shall be entitled to such reasonable
intermissions, as he/she shall request for personal necessities, meals, telephone
calls, and rest periods.
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.
The employee will not be threatened with dismissal or other disciplinary punishment
as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to
abusive or offensive language or intimidation in any other manner. No promises or
rewards shall be made as an inducement to answer questions.
k. No employee shall be required to unwillingly submit to a polygraph test. 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, subsection, paragraph, sentence, clause, or phrase in this article
be declared unconstitutional or invalid, for any reason, such decision shall not affect
the validity of the remaining portions of this article.
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.
18.2 Use of Lethal Force
When an employee, whether on duty or off-duty, uses lethal force, the employee shall not
be required to make a written or recorded statement for a minimum of seventy-two (72)
hours after the incident, except that immediately following the incident the employee may
verbally report to a superior a brief summary of the incident to the extent necessary to
secure evidence, apprehend suspects, and preserve the safety of the public and fellow
officers. Employees involved in the use of lethal force shall be allowed an opportunity to
consult with an Association representative and/or attorney prior to being required to provide
a statement regarding the use of lethal force.
Auburn Police Management Association
January 1, 2019—December 31, 2021
Page 20 of 26
18.3 Personnel Records
a. Employee personnel files shall be maintained as confidential records to the extent
required by applicable law.
b. The City shall only disclose information in the employee's personnel files in
accordance with applicable law. Prior to disclosing personnel file documents to third
parties (other than employment verification information), the City shall give the
affected employee notification of the request for disclosure. If the City believes the
document(s) is properly subject to disclosure, it will notify the employee. The
employee shall then have five (5) working days to provide the City any reason for not
releasing the requested document(s) and/or to give the employee an opportunity to
take action to prevent the release of said document(s) prior to the City releasing the
requested document(s).
C. Nothing herein shall be construed as limiting any rights the Association has under
this Agreement or applicable law to obtain personnel records.
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
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 article,
substances that require a prescription or other written approval from a licensed physician or
dentist for their use shall also be included when used other than as prescribed. Each
employee must advise the Employer if they are using prescription or other over-the-counter
drugs they know or reasonably should know may impair their ability to perform job functions
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 21 of 26
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.
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
Methaqualone
300
Opiates (Codeine)
300
Opiates (Morphine)
300
Phencyclidine (PCP)
25
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 22 of 26
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/or 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 safely perform the employee's duties.
Prescription Drugs — Are defined as those drugs, which are used in the course of medical
treatment and have been prescribed and authorized for use by a licensed
practitioner/physician or dentist.
22.2 If an employee is required to submit to a drug test, the following procedure shall be
followed:
a. The employee shall be given an opportunity to confer with 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/or bags used to transport the specimen shall be
sealed to safeguard their integrity, in the presence of the Employer, employee, and
the Association representative and proper chain -of -custody procedures shall be
followed.
f. The collection and testing of the samples shall be performed only by a laboratory and
by a physician or healthcare professional qualified and authorized to administer and
determine the meaning of any test results. The laboratory performing the test shall
be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 23 of 26
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
Codeine
300 ng/ml
Phencyclidine
25 ng/ml
Amphetamines
Amphetamine
500 ng/ml
Methamphetamine
500 ng/ml
h. At the employee's or the Association's option, a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the Association for testing. The cost
of this test will be paid by the Association or the employee. Failure to exercise this
option may not be considered as evidence in an arbitration or other proceeding
concerning the drug test or its consequences. The results of this second test shall be
provided to the City.
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, 2019 — December 31, 2021
Page 24 of 26
ARTICLE 23 - DURATION
23.1 This agreement shall become effective on January 1, 2019, until December 31, 2021.
Signed this'12.� day2019, at Auburn,
Washington.
CITY OF AUBURN
M
M
r of Human Resources
City Clerk
Approved As To Form:
By: V2,f�C�c C,4-NWe'o-
�S-,\.Cfty Attorney
Auburn Police Management Association
January 1, 2019 — December 31, 2021
Page 25 of 26
AUBURN POLICE MANAGEMENT ASSOCIATION
By: C �4 %
Auburn Police Management Association
Appendix "A"
CLASSIFICATION 2019 BASE WAGE
Commander
PLUS LONGEVITY (Added to base wage)
$5,751.89 per pay period effective January 1, 2019.
(Effective January 1, 2019, a 1.8% wage increase applied to
the 2018 Commander's pay period salary schedules. Effective
May 1, 2019, an additional 1.8% wage increase. Additionally,
the Police Guild's contract is currently in mediation. If the Guild
receives compensation larger than what is listed in this
Agreement's Appendix A, the Commander's shall receive the
same wage increase as the Guild.)
POLICE CDR
BASE
2.0%
3.5%
5%
6.5%
8%
9%
10%
PAY GRADE 47
WAGE
5 YEARS
8 YEARS
11 YEARS
14 YEARS
17 YEARS
20 YEARS
23 YEARS
COMMANDER
1/1/2019
$66.37
$1.33
$2.32
$3.32
$4.31
$5.31
$5.97
$6.64
$5,751.89
$115.04
$201.32
$287.59
$373.87
$460.15
$517.67
$575.19
$11,503.78
$230.08
$402.64
$575.18
$747.74
$920.30
$1,035.34
$1,150.38
$138,045.36
$2,760.96
$4,831.68
$6,902.16
$8,972.88
$11,043.60
$12,424.08
$13,804.56
2020 PAY PLAN
1.8% wage increase effective January 1, 2020. 1.8% wage increase effective May 1, 2020.
2021 PAY PLAN
2.7% wage increase effective January 1, 2021.
Auburn Police Management Association
January 1, 2019 - December 31, 2021
Page 26 of 26