HomeMy WebLinkAbout5416 RESOLUTION NO. 5416
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 GUILD FOR 2019-2021
WHEREAS, the City of Auburn recognizes the Auburn Police Guild as the
exclusive bargaining representative of all employees designated as employees of the
Auburn Police Guild; 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 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
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 Guild, 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. 5416
March 19, 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 ',. 1 day of � � , , 2019.
CITY OF AUBURN
ANCYB S
ATTEST: APPR(VED AS TO FORM:
10 f,
\4
Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney
Resolution No. 5416
March 19, 2019
Page 2 of 2 Rev. 2018
EXHIBIT A
COLLECTIVE BARGAINING AGREEMENT 2019-2021
THE CITY OF AUBURN
AND
AUBURN POLICE GUILD
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 4
ARTICLE 2 - GUILD MEMBERSHIP AND DUES DEDUCTION 4
ARTICLE 3 - GUILD ACTIVITIES 5
ARTICLE 4 - HOURS OF WORK AND OVERTIME 5
ARTICLE 5 - CLASSIFICATIONS AND SALARIES 9
ARTICLE 6 - HOLIDAYS 13
ARTICLE 7 -VACATIONS 15
ARTICLE 8 - HEALTH AND WELFARE 16
ARTICLE 9 - PENSIONS 19
ARTICLE 10 - JURY DUTY 20
ARTICLE 11 - SICK, DISABILITY, BEREAVEMENT AND EMERGENCY LEAVE 20
ARTICLE 12 - UNIFORMS AND CLOTHING ALLOWANCE 23
ARTICLE 13 - EMPLOYMENT PRACTICES 24
ARTICLE 14 - MANAGEMENT RIGHTS 27
ARTICLE 15 - GRIEVANCE PROCEDURE 28
ARTICLE 16 - WORK STOPPAGES 29
ARTICLE 17 - BULLETIN BOARDS 30
ARTICLE 18 - BILL OF RIGHTS 30
ARTICLE 19 - SAVINGS CLAUSE 32
ARTICLE 20 - ENTIRE AGREEMENT 32
ARTICLE 21 - RETENTION OF BENEFITS 32
ARTICLE 22 - DRUG TESTING 33
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INDEX CONTINUED
ARTICLE 23 -TAKE-HOME VEHICLES 36
ARTICLE 24 - LATERAL HIRES 37
ARTICLE 25 - DURATION 38
APPENDIX "A" 39
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AGREEMENT
BY AND BETWEEN
THE CITY OF AUBURN
AND
AUBURN POLICE GUILD COMMISSIONED UNIT
2019-2021
This Agreement is between the City of Auburn (hereinafter called the "City") and the
Auburn Police Guild (hereinafter called the "Guild") for the purposes of setting forth the
mutual understanding of the parties as to conditions of employment for those
employees for whom the City recognizes the Guild as the collective bargaining
representative.
ARTICLE 1 — RECOGNITION AND BARGAINING UNIT
1 .1 The City recognizes the Auburn Police Guild as the exclusive bargaining
representative for all active employees designated as Commissioned Law Enforcement
Police Officers, excluding all other employees of the department, and as certified by the
Public Employees Relations Commission Case No. 5520-E-84-993, December 27,
1984.
ARTICLE 2 — GUILD MEMBERSHIP AND DUES DEDUCTION
2.1 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 Guild. The amount deducted shall be transmitted
monthly to the Guild on behalf of the employees involved. Authorization by the
employee shall be on a form approved by the parties.
2.2 An employee may revoke his or her authorization for payroll deduction of
payments to the Guild by written notice to the City and Guild. 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 Guild 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 and/or
Guild to comply with the provisions of this Article, including reimbursement for
any legal fees or expenses incurred in connection with such action, provided that
the Guild shall have no obligation to defend and indemnify if the result of the
liability is a result of the City's own negligence. The City will promptly notify the
Guild in writing of any claim, demand, suit, or other form of liability asserted
against the City and/or Guild relating to its implementation of this Article.
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ARTICLE 3 — GUILD ACTIVITIES
3.1 The Business Representative of the Guild shall be allowed access to all facilities
of the City wherein the employees covered under this contract may be working
for the purposes of investigating grievances, provided such Representative does
not interfere with the normal work processes. No Guild member or officer shall
conduct any Guild business apart from activities related to contract administration
on City time and no Guild meetings will be held on City time or premises unless
authorized by the Chief of Police, 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 Guild principles or for
performing duties authorized by the Guild, so long as these activities do not
interfere with normal work processes of the City.
3.3 The employer will attempt to allow such members of the Guild as may be
designated by the Guild, not to exceed three (3), leave from duty without loss of
pay for the purposes of direct participation as members of the Guild negotiating
team in labor negotiations with the City of Auburn, including mediation. Interest
arbitration hearings shall also be included under this provision, provided that
such leave shall not result in additional cost to the City.
3.4 The Guild shall have access and use of a copy machine through City
Administration at $.15 per copy.
ARTICLE 4 — HOURS OF WORK AND OVERTIME
4.1 Hours of Duty — The Chief of Police shall establish regular, work schedules for
the members of the bargaining unit, such that the working hours for the
employees shall be equivalent to forty (40) hours per week on an annualized
basis. The normal workday shall be inclusive of the lunch period. While this
section shall be construed as a waiver regarding the scheduling of individual
employees to shifts, it shall not be construed as a waiver of the Guild's right to
demand bargaining over City proposed changes in the length of the work shifts
themselves.
4.2 Shift Schedule — Patrol employees shall work twelve (12) months on their primary
shift schedules. Patrol employees shall bid annually for their primary shift
schedules based on the seniority of the Police Officer. However, the Chief, or
designee, has ultimate authority on officer placement.
4.3 Those Police Officers that are assigned to the detective assignment will work four
(4) consecutive days followed by three (3) consecutive days off, with Saturday
and Sunday off. This schedule shall consist of ten (10) continuous hours
inclusive of lunch periods. The City requires minimum staffing levels in the
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Detective Division, Monday through Friday, in order to efficiently operate the 4/10
work schedule. Therefore, voluntary time off shall not be granted when it would
put the minimum staffing levels below two (2) detectives for the entire Detective
Division. Furthermore, the City is not required to backfill for overtime if for some
unforeseeable or uncontrollable reason minimum staffing levels are not met.
Additionally, detectives are considered non-required employees on holidays per
Section 6.2 of the current CBA. Therefore, if a detective elects to work on a
holiday, as set forth in Section 6.1 , he/she shall be compensated at his/her
regular hourly rate of pay and shall bank the holiday.
The Police Chief, or designee, reserves the right to discontinue the 4/10 work
schedule program at any time. The Guild shall not file a grievance if the Police
Chief, or designee, discontinues the 4/10 work schedule for an individual Police
Officer or for the entire detective assignment. The Police Chief, or designee,
shall provide two (2) weeks notice when the decision is made to revert back to a
five (5) day on and two (2) day off schedule or a 9/80 schedule. Furthermore, the
Police Chief, or designee, may change the detective's scheduled day off with
seven (7) days notice.
4.4 Training:
a. Training will be scheduled during the employee's regular shift whenever
reasonably feasible.
b. If training cannot be reasonably scheduled during the employee's regular
shift, it will be scheduled so that employees have a minimum of eight (8)
hours separation between the end of the employee's work shift and the
beginning of the training session. Similarly, there shall be a minimum of
eight (8) hours separation between the end of the training session and the
beginning of the employee's next scheduled shift. This requirement may
be waived upon the voluntary written request of an employee.
c. The parties agree that the administration may alter an employee's regular
days off schedule to accommodate training; provided that the employee is
given seven (7) days notice of the alteration, and provided further that any
days off must be rescheduled before the end of the pay period during
which the rescheduling occurred. The Police Officer may choose to
schedule his/her days off during the succeeding pay period upon approval
of the Police Chief, or his/her designee.
4.5 Overtime — Except as otherwise provided in this Article, employees shall be paid
at the rate of time and a half (11/2) of their regular rates of pay, inclusive of
longevity, education, and premium pays, as defined by the FLSA for:
a. All hours worked outside the regularly assigned shift in any one day.
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b. All hours worked on a regularly, scheduled day off; and
c. The hours worked on the first and last day of a changed shift unless
written notice no less than seven (7) calendar days in advance of the shift
change from the employee's regular shift is given to the employee.
All overtime must be authorized by the Chief of Police, or designee. In all cases
to compute overtime, or pay at an overtime rate, the nearest one-quarter (1/4)
hour shall be used.
Overtime work at the Sergeant's level shall first be offered to Sergeants before it
is given to a Police Officer on an out-of-class basis.
4.6 Compensatory Time — Payment for authorized overtime hours worked shall be
pay or compensatory time at the employee's option, such option to be exercised
at the time earned.
Compensatory time shall be earned and accumulated at the rate of one and one-
half (11/2) hours for each overtime hour worked; provided that the maximum
allowable accrual shall be one hundred and twenty (120) hours of compensation.
All compensatory time accumulated by an employee in excess of forty (40) hours
as of the 15th of November shall be paid at the employee's then current rate of
pay at the last payday of November. At the option of the employee, any or all of
the remaining forty (40) hours may be paid at that time, but no more than forty
(40) hours of accumulated compensatory time shall be carried past the 30th of
November.
The parties agree that it is unduly disruptive to the operations of the Auburn
Police Department for employees to give less than forty-eight (48) hours written
notice of their intent to use up to two (2) days of compensatory time off and an
additional day of notice for every consecutive compensatory day off thereafter.
This section shall be construed so that, for instance, the use of five (5)
consecutive days of compensatory time off will require that the employee give the
department a minimum of five (5) days written notice of his/her intent to do so.
Compensatory time off can be used by employees with less notice, provided they
obtain authorization from the Chief of Police or his/her designee.
The parties agree that it is unduly disruptive for employees to request the use of
compensatory time off on any recognized holiday as set forth in Article 6 Section
1, when the granting of such time off would require the City to force another
employee, who is not scheduled to work, to cover the shift.
4.7 Callback — If an employee is called back to duty, he/she will be guaranteed a
minimum of three (3) hours at one and one-half (11/2) his/her hourly regular rate.
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Unscheduled callback shall begin the moment the officer gets the call and will
end once the officer leaves the work site.
4.8 Court Time — An employee required to testify in court on behalf of the Auburn
Police Department during off duty hours shall be paid a minimum of four (4)
hours at one and one-half (11/2) times his/her hourly regular rate of pay for such
attendance, except where such attendance is an extension of the end of his/her
regularly scheduled shift, at which time, normal overtime procedures will apply.
Minimum court time shall be paid unless the court appearance cancellation
information is available to the employee by 5:00 p.m. the day before a required
appearance. For court attendance, paid time shall be based on portal-to-portal
from the Auburn Police Department to the court and return.
4.9 Standby — The City and the Guild agree that the use of standby time shall be
consistent with sound law enforcement practices and the maintenance of public
safety. Employees formally placed on standby status shall be compensated on
the basis of four (4) hours straight-time pay for eight (8) hours or fraction thereof.
If an employee is actually called back to work, normal overtime shall apply.
Employees will be compensated when called back either through normal
overtime or four (4) hours straight time, whichever is greater. Employee's who
are "engaged to wait" within the meaning of the FLSA, and are restricted in their
movement, shall have all such time considered as time worked at either the
overtime or regular rate of pay as the circumstances warrant.
4.10 Cancellation of Court Appearance — When an employee complies with all
departmental procedures on the day prior to a court appearance, and is notified
on that date that the court appearance is still scheduled for the next day, the
employee shall be entitled to receive the minimum payments provided by this
Agreement, even if the court appearance is thereafter canceled.
4.11 Extra Duty — From time to time, outside organizations/businesses may request
specific support from the City (e.g. security, traffic control, etc.) that may require
participation by the City's Police Department. Provisions of 29CFR Chapter V,
Wage and Hour Division, Department of Labor, Part 553, Section 227, and
referenced paragraphs of the Act will govern extra duty.
(1) Extra duty may only be performed when assignments are solely at
the option of the individual officer.
(2) Officers performing extra duty are performing duties in the capacity of
commissioned officers.
(3) Extra duty may only be performed/scheduled so that the employee
has a minimum of six (6) consecutive hours of separation between an
extra-duty assignment and a regular duty assignment. The six (6)
hours separation can be scheduled at either end of the extra-duty
assignment and the corresponding regular duty shifts. If the
employee performs two (2) consecutive days of extra duty during the
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employee's regular work week, it is mandated that there be a
minimum eight (8) hour rest period before the beginning of the next
consecutive duty shift. Similarly, there shall be a minimum of eight
(8) hours separation between the end of the extra-duty employment
and the beginning of the employee's next scheduled regular shift
should two (2) consecutive days of extra-duty employment be
worked.
(4) The City and the Guild will periodically negotiate officers' rate of pay
for extra duty. Applicable taxes (federal withholding, FICA, etc.) will
be withheld from that amount. Additional charges (i.e. L&l,
employment taxes, pay at an overtime rate, minimum pay, holiday
pay, administration fees, cancellation notice charges, etc.) will be
added to the bill rate for outside organizations to cover payment of
those costs.
(5) Finance will be provided a copy of all documents changing
negotiated rates of pay with a minimum of one pay period before
implementation.
4.12 Daylight Savings Time. Employees who work a longer shift when the clocks are
moved back one hour to Pacific Daylight time in the fall will be paid for the time in
excess of the employee's normal workday at the overtime rate of pay.
Employees who work shorter shifts when the clocks are moved forward to Pacific
Daylight time in the spring will have the option of choosing to work an additional
hour so that the employee works a 10-hour shift or to use one (1) hour of paid
time off (e.g. vacation, compensatory time, holiday banked, etc., but not sick) at
the employee's discretion.
ARTICLE 5 — CLASSIFICATIONS AND SALARIES
5.1 Employees covered by this Agreement shall be compensated in accordance with
the pay plan attached to this Agreement and marked Appendix "A". This
Appendix shall be considered a part of this Agreement. Paydays for employees
covered by this Agreement shall be on the 8th and 23rd of each month.
5.2 A premium pay in the amount of two percent (2%) shall be applied to the
straight—time hourly base pay for each employee assigned to the Community
Response Team and TAC Officer. Premium pay in the amount of three percent
(3%) shall be applied to the straight-time hourly base rate for each employee
assigned to each of the following specialties: Motorcycle Patrol, K-9 Officer,
Bicycle Patrol, Hostage Negotiator, and Valley SWAT.
A premium pay in the amount of three percent (3%) shall be applied to the
straight-time hourly rate for each employee who passes a City-approved bilingual
examination while said employee is certified. Employees who successfully pass
the initial examination will be required to recertify every other year. The employee
shall pay for their own certification test. If the employee passes the certification,
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the City shall reimburse the employee for the expenses of the test. This premium
shall apply after successful completion of the employee's field training period.
Further, the employee shall demonstrate proficient use of sign language or
fluently speak one or more of the following languages: Spanish, Chinese,
Russian, Japanese, Korean, German, French, Ukrainian, Arabic, Farsi,
Vietnamese, Laotian, or any other language as approved by the Chief of Police.
The City and Union agree that no more than six (6) certified interpreters shall
receive bilingual compensation at any one time. Should there be more than six
(6) employees who qualify as certified interpreters under this provision, the City
will determine who is to receive the premium based on proficiency (test scores)
and the need for the employee's particular language skill.
Hazard Pay: When a Crime Scene Team and/or Civil Disturbance Unit (CDU)
callout/deployment is made, the responding members will receive double time at
their regular rate of pay for the duration of the callout/deployment. Double time
does not apply for any type of CDU or Crime Scene Team training.
A premium pay in the amount of four percent (4%) shall be applied to the
straight-time hourly base rate for each employee assigned to work as a detective
in the Investigations Unit. A premium pay in the amount of five percent (5%) shall
be applied to the straight-time hourly base rate for each employee assigned to
work as a Field Training Officer. Premium pay in the amount of six percent (6%)
shall be applied to the straight-time hourly base rate for each employee assigned
as Defensive Tactics Instructors. In no event will any employee receive more
than ten percent (10%) premium pay regardless of the number of specialty
assignments he/she holds.
a. The City will seek input from supervisory and command personnel before
making assignments of personnel to the specialty assignments in Article 5.2
of the labor agreement, provided that the parties recognize that the Chief of
Police retains the ultimate right to select which officers will be assigned to
those duties. A guild representative may observe the assignment process.
b. The Chief of Police has the authority to remove an employee from a specialty
assignment if said employee has continuously exhibited that he/she does not
demonstrate the knowledge, skills, abilities, and/or behaviors necessary to
complete the requirements of the assignment. The Chief of Police may
remove the employee after documented coaching and counseling; and
agreed upon, and mutually signed, performance improvement expectations.
Removal for failure to meet the agreed upon expectations will not be
considered discipline. The member has the right to guild representation
during this process.
5.3 Employees hired prior to January 1 , 1996, assigned the job classification of
Patrol Officer after completion of six (6) months of employment, who have
completed courses with a passing grade toward a job-related degree, shall be
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paid a percentage of their straight-time hourly rate as educational incentive
based on the following schedule: 30 credits — 2%; 60 credits — 4%; AA Degree —
6%. College credits are defined as those credits that could be applied as general
education requirements towards earning a degree (AA/BA/BS). Generally, these
are courses number 100 and above. Courses that must be passed in order to
qualify to enroll in introductory general education requirements (100-level
courses) cannot be applied to this education incentive.
Employees hired on or after January 1 , 1996, assigned the job classification of
Patrol Officer after completion of six (6) months of employment, shall be paid a
percentage of their straight-time hourly rate as educational incentive based on
the following schedule: job-related AA Degree - 4%; BA or Master's Degree - 6%.
AA Degrees for which the City will pay education incentive as currently listed are:
Criminal Justice (Law & Justice, Society & Justice) Sociology, Criminology,
Psychology, Business, Political Science, and Public Administration. The City
realizes that from time to time, AA Degree names change and, at its sole
discretion, will review the curriculum of other like AA Degrees to determine if the
content meets the intent of this Agreement.
Education incentive pay shall be paid to employees only after the City has
received an official transcript from the educational institution verifying the credits
or degree received. Any official document from a person authorized to grant
credits and degrees from such college or university may be accepted in lieu of
the official transcript, provided it is sent directly to the Police Chief and certified
as true and correct. The City will reimburse employees for the cost of the
transcripts, provided the employee produces a receipt or copy of a canceled
check.
Employees in the Guild will be eligible to receive tuition reimbursement of a
maximum of three thousand dollars ($3000.00) per calendar year in accordance
with the procedures specified in City Administrative Policy 200-50 - Tuition
Reimbursement.
5.4 Longevity pay shall be applied to the straight-time hourly base rates of all
employees covered by this Agreement who have completed continuous service
in accordance with the following schedule:
5 Years 8 Years 10 Years 14 Years 17 Years 20 Years 25 Years
2.0% 3.5% 5.0% 6.5% 8.0% 9.0% 10.0%
5.5 The parties agree that it is in the best interest of the Auburn Police Department
and City of Auburn to be able to hire the most qualified lateral police officers. It
is, therefore, agreed that future lateral police officers hired by the City of Auburn
will enter the salary schedule of the collective bargaining agreement in effect
upon date of hire, at the step commensurate with their level of experience as a
commissioned police officer at the time of hire. The first step increase shall also
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be increased with their level of experience as a commissioned police officer. For
example, if a lateral police officer was hired in with sixteen (16) months of
commissioned experience, he/she will receive the step increase three (3) months
later at the start of the police officer's nineteenth (19th) month of experience. All
subsequent step increases will be received annually thereafter until the police
officer reaches the max step.
This provision is intended only to set the beginning base salary for laterally hired
police officers in the future. It is not intended to change the current seniority
definition in the City of Auburn Civil Service Rules, promotion eligibility, bidding
practices, benefits accrual, or any other issue inadvertently not listed herein.
Further, if the City rehires an officer who meets the following criteria:
• Has prior commissioned experience with the Auburn Police Department; and
• separated from the City in good standing; and
• has continued his/her law enforcement career with another law enforcement
agency; and
• had a minimum of four (4) years of continuous service with the Auburn Police
Department prior to his/her break in service; and
• reapplied for a vacant police officer position within sixty (60) days of his/her
departure from the Auburn Police Department.
Then such police officer would be reinstated in whole as to the date of his/her
departure with the exception of seniority, including the following:
• If not cashed out upon separation: sick leave hours banked, vacation leave
accrual and vacation leave hours banked; and
• specialty assignment pay will be restored if the former Auburn officer resumes
the specialty assignment held prior to separation. To be eligible for the
specialty assignment, there must be no current eligibility list in effect for that
assignment and the same opening that was created due to the officer's
departure exists upon rehire. All other specialty assignments sought would
follow Lexipol Policy 1003.3 Eligibility for promotions must follow Civil Service
rules for eligibility; and
• the probationary period will not apply; and
• the officer will enter the salary schedule of the collective bargaining
agreement in effect upon the date of rehire at the step commensurate with the
step he/she held prior to departure.
5.6 Lateral police officers who have a minimum of three and one-half (31/2) years of
commissioned experience, which includes a minimum of one and one-half (11/2)
years of continuous service with the Auburn Police Department, immediately
prior to the selection process, will be eligible to apply for a specialty assignment
and/or Sergeant testing. If no member of the collective bargaining unit applies
for the open specialty assignment, any member may apply.
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ARTICLE 6 — HOLIDAYS
6.1 The following eleven (11) days are designated as holidays:
New Year's Day Veteran's Day
Lincoln's Birthday Thanksgiving Day
President's Birthday Day After Thanksgiving
Memorial Day Christmas Day
Independence Day Martin Luther King Day
Labor Day
6.2 An employee who is required to work on a holiday will receive holiday pay if the
start of the employee's shift began on the designated holiday, as set forth in
Section 6.1 . Furthermore, holiday pay will continue if the officer is required to
work past his/her scheduled shift.
For example, an officer that is regularly scheduled to work a graveyard shift and
works on December 31St begins his/her shift at 2030. The shift continues through
0630 on January 1st. This officer will not receive holiday pay. However, that
same officer works the same shift on January 1st and begins his/her shift at 2030
and works through 0630 on January 2nd. The officer will be compensated at the
rate of two and one-half (2'/2) times the employee's regular hourly rate of pay for
each hour worked inclusive of the pay for the holiday worked. In addition, if that
officer were to be held over to work overtime, the overtime will be compensated
at the rate of two and one-half (21/2) times the employee's regular hourly rate of
pay for the amount of hours that the officer works overtime.
The compensation for holiday pay is two and one-half (21/2) times the employee's
regular hourly rate of pay for each hour worked inclusive of the pay for the
holiday worked. Employees shall have the option to be paid at two and one-half
(21/2) times the employee's regular rate of pay for all hours worked or be paid one
and one-half (11/2) times the employee's regular rate of pay and bank the hours
worked. "Required to work" is defined as having been directed to work by the
Chief of Police, or designee. Employees shall accrue and take holidays on a
basis equivalent to the assigned shift hours (e.g., employees on 8-hour shifts
shall accrue and take eleven, 8-hour holidays per calendar year and employees
on 10-hour shifts shall accrue and take eleven, 10-hour holidays per calendar
year, etc.).
When a holiday falls on an employee's regularly scheduled day off, he/she shall
receive holiday hours as indicated above. Employees not required to work will
observe the holiday on the date listed below or bank the holiday. If the
employee that was not required to work (either because it was their regularly
scheduled day off or the employee had requested to take the holiday off) is called
back into work on the holiday, the employee that is called into work shall receive
two and one-half (21/2) times the employee's regular rate of pay for all hours
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worked. However, the number of banked holiday hours, or holiday hours taken,
will be reduced by the number of hours worked.
For example, an employee is not required to work on the holiday. The employee
is called back to work and works the minimum three (3) hours call back. The City
shall pay the employee two and one-half (21/2) times the employee's regular rate
of pay for the three (3) hours of call back and the employee shall bank seven (7)
hours of holiday. Another example is for an employee that is scheduled to work
the holiday, but has requested, and received permission, to take the scheduled
day off on a holiday. The employee is called back to work on the holiday and
works four (4) hours on the holiday. The City shall pay the employee two and
one-half (21/2) times the employee's regular rate of pay for the four (4) hours
worked and the employee shall only take six (6) hours of holiday leave taken.
Further, the employee that works on a scheduled day off, as specified in the two
examples above, shall have the option to be paid at two and one-half (21/2) times
the employee's regular rate of pay for all hours worked or be paid one and one-
half (11/2) times the employee's regular rate of pay and bank the hours worked.
This option is at the employee's discretion (with the caveat that if the source of
the funding for the overtime prohibits converting money into hours, then the
employee must be paid the two and one-half (21/2) times and not have the option
of being paid one and one-half (11/2) times the officer's regular rate of pay and
bank the hours worked). The option of paying two and one-half (21/2) times the
employee's regular rate of pay or be paid one and one-half (11/2) times the
employee's regular rate of pay and bank the hours worked does not apply to the
non-required employees that elect to work on a holiday as specified in the
paragraph below. However, both parties agree that if a non-required employee
elects to work a holiday, and is held over past a ten (10) hour shift, then the
employee shall be compensated at two and one-half (21/2) times the employee's
regular rate of pay for all hours over the ten (10) hour shift.
Employees may accrue up to a maximum of one hundred and forty (140) hours
of holiday leave, but in no event shall an employee accumulate in excess of one
hundred and forty (140) hours unless, through no fault of the employee, he/she
was not able to take the leave. Non-required employees that elect to work on a
holiday, as set forth in Section 6.1 , shall be compensated at his/her regular
hourly rate of pay and shall bank the holiday.
6.3 The designated holiday shall be:
New Year's Day January 1
Martin Luther King Day Third Monday in January
Lincoln's Birthday February 12
President's Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
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Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day After Thanksgiving Friday After Thanksgiving
Christmas Day December 25
6.4 Employees terminating service after completion of probation shall receive
compensation for vested, unused holiday time.
ARTICLE 7 - VACATIONS
7.1 Annual vacations with pay shall be granted to eligible employees on the following
basis: for service less than one (1) year vacation leave credit shall accrue at the
rate of one (1) working day for each month of continuous service commencing
from the date of most recent employment with the City; for continuous service of
more than one (1 ) year, vacation leave credit shall accrue at the following rate:
1 to 5 years of continuous service 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.
An employee who terminates employment during the first six (6) months of
employment shall not be entitled to accrued annual vacation leave or payment.
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.
7.3 Vacation leave shall be scheduled by seniority in each operational unit.
7.4 Employees who have completed six (6) months of service, and are separated
from employment, shall be entitled to payment for vacation leave not taken that
has accrued to date of separation. In the event of the death of an employee in
active service with the City, accrued vacation leave that has not been taken shall
be paid in the same manner that salary due the decedent is paid for any vacation
leave earned in the preceding year, and in the current year, and not taken prior to
the death of such employee.
7.5 An officer who qualifies for military leave will be provided leave at a
compensation rate of one (1) full day regardless of when the officer's shift starts
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or if the shift continues into the next calendar day in which the officer has been
granted military leave. For example, an officer who works a shift that crosses
calendar days (i.e. a 6:00 PM to 4:00 AM shift), and misses any part of the shift
for military duty, will use one (1 ) day of the allotted paid military leave days for
the entire shift of the military leave. This shall be interpreted as a shift for a shift.
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, Group Health, or substantially equivalent plan(s) by mutual
agreement. Effective December 31 , 2019, the Premera PPO plan will no
longer be offered.
b. Effective January 1 , 2020, Premera $250/$750 Deductible, Premera
$1,500/$3,000 High Deductible Plan, Kaiser Permanente, or substantially
equivalent plan(s) by mutual agreement.
c. The employee's choice of Washington Dental Service Plan F w/
Orthodontia Plan 1; or 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.
d. Vision Services Eye Care, or substantially equivalent plan(s) by mutual
agreement; and
e. Life Insurance with a death benefit level of $30,000.
The parties are aware that the "Cadillac" tax provisions of the Affordable Care
Act, if implemented, would 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 at the request of either party to negotiate for the purpose of arriving at
a mutually satisfactory replacement medical plan (including any related HRA
contributions) for 2022. This reopener is subject to the following:
c. 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 on December 31St, 2021 , if
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no agreement has been made between both parties related to the
replacement medical plan.
The Guild agrees to continue to cooperate with the City in the study of cost
containment measures. The City may self-insure medical, dental, and/or vision
insurance coverage or select a new medical, dental, and/or vision insurance plan
and shall make every effort to maintain substantially equivalent benefits at a
reasonable cost. The City and the Guild shall meet to explore alternative
insurance coverage prior to selecting any new medical, dental, and/or vision
insurance plans. The City recognizes its responsibility to bargain with the Guild
the impact of those decisions. The Guild will appoint one (1) member to the
City's Healthcare Cost Containment Committee.
8.2 Each employee who enrolls his or her spouse or eligible children in the Premera
PPO, $2501$750 Deductible Plan, or the $1 ,500/$3,000 High Deductible Plan
shall pay ten percent (10%) of the premium cost each month. The City's
contribution toward medical insurance for spouse and children shall be a
maximum of ninety percent (90%) of what it would pay of the applicable PPO
Plan. The City shall continue to make available the AWC Kaiser Permanente
(Plan 3 - $20 copay/$200 Deductible Plan) 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 dependent(s) if the employee selected the PPO, whichever is less,
with the employee paying the remaining amount of the monthly premium for
his/her spouse's and each dependent's medical insurance.
The following is the employer VEBA contribution for those employees and their
dependent(s) that enroll on the Premera $1,500/$3,000 High Deductible Plan for
the duration of this contract:
• Employee Only: $33.33 per month
• Employee + Spouse: $82.94 per month
• Employee + Spouse + 1 Child: $120.08 per month
• Employee + Spouse + 2 or more Children: $149.61 per month
• Employee + 1 Child: $66.67 per month
• Employee + 2 or more Children: $66.67 per month
Effective April 1, 2019, 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 $200 per month to those
employees that elect to opt out of medical.
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8.3 Domestic Partner Coverage: State-registered domestic partners and eligible
dependent(s) enrolled in the PPO Premera, $250/$750 Plan, $1,500/$3,000
Plan, or AWC Kaiser Permanente Plan 3 ($20 copay) will have monthly
premiums paid at the same level as spouses and dependents in paragraph 8.2
above.
8.4 Indemnity and Defense:
a. CIVIL CLAIMS: The City shall provide legal counsel or reasonable
attorney's fees for representation and defense of civil lawsuits and hold
employees harmless from any expenses, connected with the defense
settlement or monetary judgments from such actions, claims, or
proceedings arising out of or incident to acts and/or omissions occurring
while the employee was acting in good faith in the performance or
purported failure of performance of his/her official duties or employment
and provided further that the employee was not engaging in criminal or
malicious misconduct. A criminal conviction shall be deemed conclusive
proof of criminal misconduct for the purposes of this section.
b. INQUESTS: In an Inquest called by the King County Executive (or
delegate) arising out of the use of force, the employee shall meet with the
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.
c. In the event outside counsel is retained by the employee and the
employee is subsequently convicted of a crime or it is determined by a
court of competent jurisdiction that the employee was not acting in good
faith arising out of the facts giving rise to the Inquest, the City shall be
entitled to recover attorney's fees and costs it has expended on the
employee's behalf from the employee.
8.5 Disability Insurance — The employer shall provide for a mandatory payroll
deduction for a disability plan selected periodically and administered by the
Guild, unless the employee has previously opted out of paying union dues.
Participation shall be for all employees and will begin from date of employment
with the City of Auburn.
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8.6 The City has adopted the VEBA Medical Reimbursement Plan for all
commissioned employees who do not have a military medical retirement plan.
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 consistent with the terms and conditions of the collective
bargaining agreement in effect at the time, and 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 VEBA Plan shall be funded by a semi-monthly employee contribution of one
percent (1%) base annual salary. The City will make a semimonthly contribution
of one percent (1%) of base pay period salary. After December 31, 2021 , all
contributions to the VEBA plan may 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 agreed
upon (subject to any contribution caps or limitations imposed by applicable law.)
The City shall match up to a one percent (1%) base pay period salary into the
employee's deferred compensation program, subject to any contribution caps or
limitations opposed by applicable law, if the employee chooses to match the
contribution.
In addition, to the semi-monthly contribution method of base annual salary listed
above, both parties agree to the following additional contribution method:
Retirement contribution: All employees covered by this Agreement, who
separate in good standing from the City and are of a LEOFF retirement-eligible
age, shall transfer fifty percent (50%) of unused, accumulated sick leave into the
VEBA trust and the remaining fifty percent (50%) shall be cashed out. 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 agreed upon (subject to any contribution
caps or limitations imposed by applicable law.)
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.
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ARTICLE 10 — JURY DUTY
10.1 Time off with pay will be granted for jury duty. Employees shall be required to
report for work for any portion of their regularly scheduled shift during which they
are not actually serving on a jury or waiting to be impaneled if a reasonable
amount of time remains on that shift in light of the court's location.
In order to be eligible for such payments, the employee must 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. The employee is required to contact his/her supervisor, who will make the
determination. Employees are not required to return to the City per diem
received for jury duty from the Court.
ARTICLE 11 — SICK, DISABILITY, BEREAVEMENT, AND EMERGENCY LEAVE
11 .1 Sick leave credit shall accumulate for eligible employees at the rate of eight (8)
hours per month. Sick leave is accumulative to a maximum of nine hundred 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 a half (1/2) hourly basis.
a. Employees are required to use accrued paid time off during any state or
federal Family and Medical Leave (FML) absence before using leave
without pay.
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 .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, or longer. In requiring a physician's
statement, the Chief, or his/her designee, shall do so for the purpose of ensuring
that employees are utilizing sick leave benefits for the purposes intended by this
Agreement.
11 .3 Employees incapacitated by illness or injury shall notify the Chief of Police, 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 Chief of Police, or designee, informed as to their progress and potential
date of return to work.
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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, step-children, grandparents, grandparents-in-law,
grandchildren, or step-parents. 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 rolling year in
accordance with the provisions of the federal Family Medical Leave Act (FMLA),
Washington Family Leave Act, and City Policies and Procedures as follows:
An employee who has worked for the City at least twelve (12) months, including
at least one thousand, two hundred and fifty (1250) hours in the last twelve (12)
months, may be entitled to twelve (12) workweeks of paid/unpaid leave in any
twelve (12) month period (1) to care for a newborn or newly adopted child or
newly placed foster child; (2) to care for a child, parent, or spouse who has a
serious or terminal health condition; or (3) to attend to a personal serious health
condition.
An employee must give the Chief of Police, or designee, at least thirty (30) days
written notice by completing a Leave Request Form, in advance of the
anticipated date the leave is to begin. If the employee is unable to give the
required notice, notice must be given, in writing, as soon as possible.
While on FML, the employee must use all accrued, but unused leave, including
sick leave, vacation, compensatory time, and/or any other paid leave accrued
prior to using unpaid leave. Use of the above paid leave will apply toward the
twelve (12) workweek entitlement, and is not in addition to the entitlement.
Upon return from the leave, the employee is entitled to return to the same, or
comparable with the same level of compensation, position held when the leave
began unless the position would have been eliminated had the employee not
been on leave.
Care for a newborn or newly adopted child or newly placed foster child.
FMLA leave must be taken within twelve (12) months of the birth, adoption, or
placement of a child. If both parents are employed by the City, together they are
entitled to a total of twelve (12) workweeks of paid/unpaid leave under this
paragraph. In the case of maternity, any leave taken prior to the birth of the child
for prenatal care, or inability to work prior to the actual birth, will be assessed
towards the twelve (12) workweek period.
Time loss due to disability prior to or following giving birth will be assessed
towards the twelve workweek period. Intermittent or reduced leave for birth or
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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 For employees hired into the collective bargaining unit prior to December 1 ,
1993, upon retirement, death, or termination of good standing (not termination for
cause) the employee shall be reimbursed at current rate of pay for unused,
accrued sick leave up to a maximum of 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 collective bargaining unit after November 30, 1993,
shall be reimbursed at the current rate of pay for unused, accrued sick leave up
to a maximum of 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
0 — Completion of 14 Years 0%
14 years and over Upon retirement (meaning separation in good
standing and LEOFF retirement-eligible age),
death, or disability retirement, thirty-five (35%)
percent.
25 years and over With a minimum of four hundred and eighty
(480) hours of banked, unused sick leave,
upon separation from employment in good
standing, fifty percent (50%).
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The reimbursement shall be in accordance with Article 8.6, Retirement
Contributions. 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 agreed upon (subject to any contribution
caps or limitations imposed by applicable law.)
11.7 When an employee has accumulated nine hundred and sixty (960) hours of sick
leave, 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 time
accumulated by the employee in excess of nine hundred and sixty (960) hours
shall be paid, and actually cashed out, at twenty-five (25%) of the employee's
then hourly base rate.
11.8 When an employee covered by the LEOFF II Retirement System is temporarily,
totally disabled and unable to work as the proximate result of an on-the-job injury
as covered by Washington State Workers' Compensation Industrial Insurance
laws, the City shall compensate the employee for his/her regular salary (kept on
salary as defined by RCW 51 .32.090), as if he/she had continued to work, for a
period not to exceed one thousand and forty (1,040) hours, or the termination 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 application because of physical
incapacitation or for reasons beyond the employee's control.
ARTICLE 12 — UNIFORMS AND CLOTHING ALLOWANCE
12.1 A five-member uniform and equipment committee is established to periodically
review the department issue equipment/uniforms. The committee will consist of
four (4) Guild representatives, with a minimum of one (1 ) representative from
Patrol and Detectives. Police Administration will provide the fifth representative.
Selection of the uniform/equipment committee will be by an agreement between
the Assistant Chief and the Guild President. (The committee will meet on an as
needed basis at least once per year.)
The committee will be responsible for reviewing requests for changes to the
equipment/uniform list(s) for general patrol and recommending changes,
provided they are consistent with the budgetary guidelines as determined by the
Chief of Police.
Technological advances and equipment changes will require special attention.
Uniform and equipment standards need to be kept up-to-date. All requests for
uniform/equipment replacement shall be submitted to the employee's immediate
supervisor. Requests for uniform/equipment replacement will be completed as
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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 Uniformed officers will be on a Quartermaster System and will be issued their full
compliment of uniforms/equipment according to the list of agreed upon items that
may change from time to time, as determined by the Uniform and Equipment
Committee. The quartermaster issued lists of uniform and equipment items shall
be reduced to writing (as they are established, changed, and signed by the
signatory parties to this agreement). All uniforms/equipment are owned by the
City.
12.3 Uniformed officers will be entitled to have up to four (4) uniform items cleaned
per week.
12.4 Non-uniformed personnel will be given a clothing allowance of one percent (1%)
per month of the employee's monthly base pay and are entitled to have up to four
(4) items dry cleaned or may have three (3) items dry cleaned and five (5) shirts
laundered per week for maintenance of business attire. The Chief of Police will
set the standards for appropriate business attire for the Department. The uniform
committee will make recommendations to the Chief of Police on business attire.
When casual attire is adopted, once implemented, affected personnel will be
entitled to have up to three (3) items dry cleaned or may have two (2) items dry
cleaned and two (2) shirts laundered per week for maintenance of business
attire. Appropriate business attire shall include casual attire for non-uniformed
employees. The Chief of Police has the discretion of approving the attire items
recommended by the committee. Non-uniformed personnel will be on the
Quartermaster System and will be issued clothing/equipment according to the list
of agreed upon items.
ARTICLE 13 — EMPLOYMENT PRACTICES
13.1 Layoff. Whenever employees are appointed to a classification effective the same
date, seniority shall be established by the highest average on the total
examination. If the averages are equal, rank order will be established in
accordance with Civil Service Rule 10. 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 average on the total
examination. If the averages are equal, rank order will be established in
accordance with Civil Service Rule 10.
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13.3 Working Out of Classification. Any employee who is assigned to perform the
duties of a higher paying classification by the appropriate authority will be
compensated at that higher rate when the work performed is one (1 ) hour or
more in duration.
13.4 Tobacco Use. Tobacco use, 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.
13.5 Probationary Periods. Probationary periods upon initial hire shall not exceed one
(1) year beginning upon completion of the Basic Law Enforcement Academy and
is not inclusive of time worked prior to or during the Basic Law Enforcement
Academy. In addition, it shall not be extended without the written agreement of
the Guild. However, if the Guild does not agree to extend the probation, the
Chief of Police may terminate the probation Officer's employment. A
probationary period shall be extended for the number of workdays equal to the
number of workdays an employee was unable to perform as a probationary
police officer on a full duty status in excess of ten (10) workdays during the
probationary period. During an employee's probationary period, he/she may be
discharged by the employer at will and such discharge shall not be subject to the
grievance procedure. During a promotional probationary period, an employee
may be reverted to his/her former classification and such reversion shall not be
subject to the grievance procedure.
13.6 Employees called in to work while on approved vacation or holiday off will be
compensated at the appropriate overtime rate for hours worked and given credit
for hours worked on their vacation/holiday time accounts.
13.7 Promotional Examinations:
All promotions to positions within the bargaining unit shall be based solely on
merit, efficiency, and fitness, ascertained by open competitive examination.
Examinations shall fairly, objectively, and comprehensively test for qualifications
for the position.
A general description of the process and methods of examination
(i.e. written, oral, assessment center, etc.) and identification of any
portions for which a passing grade is required, weight assigned by
the City to each component, minimum passing scores for any such
portion, and minimum passing scores for the entire examination
shall be included in the official examination notice, which shall be
provided to the Guild and posted conspicuously in the police station
not less than thirty (30) days prior to the examination.
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The examination shall be prepared and administered by persons who are
qualified by reason of suitable career experience. The identities of all
examination participants shall be concealed from the examiners throughout the
examination process. The Guild may designate an observer to attend the
development and administration of the examination. The examiner(s) shall have
the responsibility of ensuring that the observer does not disrupt the examination
process. Any observer is required to honor the confidentiality of the examination.
A promotional list shall be maintained by the City for each promotional position
within the bargaining unit and each list shall be valid for one (1 ) year, with the
possibility of an extension for another year for a maximum total of two (2) years.
Upon request for certification of names to fill a vacancy, the Secretary-Chief
Examiner shall certify to the Police Chief the three (3) names of the candidates
standing highest on the appropriate eligibility list and willing to accept the position
for which certification is made. Each appointment shall be made by the City,
from one (1) of the top three (3) names on the list.
After each regular appointment from the eligibility list, an employee shall serve a
complete period of probation before appointment or promotion is complete. No
new probationary period results from a transfer to a different shift or reduction of
an employee who previously completed a probationary period. The period of
probation shall be twelve (12) calendar months from the date of appointment to a
regular position. If an employee is absent from duty for a prolonged period
during a probationary period and the Police Chief does not have a reasonable
opportunity to evaluate the performance of an employee, the Police Chief may
calculate the probationary period on the basis of twelve (12) calendar months of
actual service, exclusive of time away on leave.
The Guild, and any employee it represents, shall appeal any alleged violation of
the promotion process set forth herein through the grievance procedure and the
collective bargaining agreement, rather than through the Civil Service
Commission. Exclusive of the promotional exam process, the initial step in the
grievance procedure shall be established as five (5) business days in order to
coincide with above sections of this article. Any appeal of the promotion process
not settled through the grievance procedure shall be reviewed by an arbitrator as
to whether or not the City violated the procedures set forth herein.
13.8 An employee who engages in off-duty misconduct may be subject to discipline
when: (1) the off-duty misconduct harms the City's reputation in the community;
(2) the off-duty conduct adversely affects the employer's business operation; or
(3) the conduct is inconsistent with the office that the police officer holds.
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ARTICLE 14 — MANAGEMENT RIGHTS
14.1 The Guild recognizes the prerogatives of the City to operate and manage its
affairs in all respects in accordance with its responsibilities and powers of
authority.
14.2 The City has the right to schedule overtime work, as required, in a manner most
advantageous to the department and consistent with the requirements of
municipal employment and the public safety.
14.3 It is understood by the parties that every incidental duty connected with
operations enumerated in job descriptions is not always specifically described.
14.4 The City reserves the right to discharge or discipline an employee for just cause.
The City reserves the right to 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 schedules of work in accordance with
Section 4.1 and to establish the methods or processes by which such work is
performed.
14.5 No policies or procedures covered in this Agreement shall be construed as
delegating to others or as reducing or abridging any of the authority conferred on
City officials as defined in the following:
a. The ordinance responsibility of the Mayor as Chief Executive
Officer of the City for enforcing the laws of the State and City,
passing upon ordinances adopted by the 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 monies;
c. The legal responsibility of the Civil Service Commission, as
provided by State Statue, subject to any applicable
bargaining duty of the City and the terms of this Agreement.
d. The responsibility of the Chief of Police and 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, and/or promote members
to positions within the department.
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2. To take disciplinary action against members for just
cause;
3. To determine methods, means, and personnel
necessary for departmental operations;
4. To control department budget; and
5. To take whatever actions are necessary in
emergencies in order to assure the proper functioning
of the department.
ARTICLE 15 — GRIEVANCE PROCEDURE
15.1 For purposes of this Agreement, the term "grievance" means any dispute
between the Employer and the Guild concerning an alleged breach or violation of
this Agreement.
Step 1: Any alleged grievance shall be taken up with the employee's immediate
supervisor and shift commander within ten (10) working days of its alleged
occurrence. The parties agree to make every effort to settle the grievance
promptly at this level.
In the event the grievance is unresolved, the Guild and/or employee shall
determine whether to appeal the grievance through the Civil Service Commission
or process the grievance to Step 2 of the grievance procedure contained herein
within five (5) working days of the meeting with the employee's immediate
supervisor. Should the employee choose to file an appeal with the Civil Service
Commission, the employee shall provide the Chief of Police, Human Resources
Director, and the Guild with written notice of such election.
Step 2: The grievance shall be reduced to written form by the aggrieved
employee stating the section of the Agreement violated and explaining the
grievance in detail and remedy sought. The employee and/or the Guild shall
present the written grievance to the Division Commander, Human Resources
Director, and the Chief of Police. The Chief of Police will conduct a meeting
within five (5) working days of receipt of the written grievance. The Chief of
Police shall make a decision on the matter in writing within ten (10) working days
from such meeting. Copies of the Chief's decision will be furnished to the
aggrieved, Guild representative, and Director of Human Resources. Grievances
involving suspension, demotion, or discharge shall begin at Step 2.
Step 3: Any grievance remaining unresolved after the decision has been
rendered in Step 2 shall be transmitted to the Director of Human Resources, to
be adjudicated by the Mayor, in writing within ten (10) working days whereupon
the Mayor shall conduct an investigatory hearing within five (5) working days of
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the receipt of the written grievance. The Mayor shall render a decision within five
(5) working days of such hearing.
Step 4: Should the grievance not be resolved in Step 3 and should further
consideration be desired by the grievant, a written notification requesting
arbitration must be filed with the Mayor within fourteen (14) working days. The
parties shall mutually select a disinterested third party to serve as arbitrator. In
the event the Employer and Guild are unable to agree on an arbitrator, the
arbitrator shall be selected by the process of elimination from a panel of seven
(7) arbitrators furnished by the American Arbitration Association (AAA). The AAA
request shall state the issue. The arbitrator shall confine himself/herself to the
precise issue submitted for arbitration and shall have no authority to determine
any other issues not so submitted to him/her. The arbitrator shall have
jurisdiction and authority only to interpret, apply, or determine compliance with
the specific terms of the Agreement and shall not add to, detract from, or alter in
any way, the provisions of this Agreement. The decision shall be final and
binding upon both parties. Employee witnesses for both sides shall be given
time off from work if they are otherwise scheduled to work during the arbitration
hearing to testify in the proceedings. The parties shall evenly divide the costs of
the Arbiter and any AAA service charges, with each party paying its own costs. If
both parties desire a stenographic record, the expenses of the same shall be
borne equally. If only one party desires a stenographic record, then that party
shall pay the cost of the preparation of its own copy and one (1) for the Arbiter
and the declining party shall not be provided a copy.
15.2 Any time limits stipulated in the grievance procedure may be extended for stated
periods of time by the appropriate parties by mutual agreement in writing.
Pending final decision of any grievance by any of the above procedures, work
shall continue without interruption.
15.3 A grievance may be filed at a step above the level of the decision maker whose
actions are being questioned but, in no case may a grievance be filed above
Step 3.
ARTICLE 16 — WORK STOPPAGES
16.1 The City and the Guild agree that the public interest requires efficient and
uninterrupted performance of all City services and to this end pledge their best
efforts to avoid or eliminate any conduct contrary to this objective. Specifically,
the Guild shall not cause or condone any work stoppage, including any strike,
slowdown, refusal to perform customarily assigned duties, sick leave absence
which is not bona fide, or other interference with City functions by employees
under this Agreement and should same occur, the Guild agrees to take
appropriate steps to end such interference. Any concerted action by any
employee in any bargaining unit shall be deemed a work stoppage, if any of the
above activities have occurred.
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ARTICLE 17 — BULLETIN BOARDS
17.1 Bulletin Boards. The City shall permit the reasonable use of bulletin boards by
the Guild for the posting of notices relating to official Guild business.
17.2 Electronic Mail. The Police Guild may use the City's electronic mail (email) for
communications pertaining to Guild business, i.e. meeting times, places and
agendas, voting, election results, and various topics of Guild business on issues
effecting the administration of the collective bargaining agreement with the City of
Auburn. Members will comply with City policy.
Email 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
employees for just cause.
a. In an effort to ensure that disciplinary interviews are conducted in a
manner which is conducive to good order and discipline, the Guild
shall be entitled to the protection of what shall hereafter be termed
as the "Police Officers' Bill of Rights". A "disciplinary interview"
shall mean questioning by a person in authority over an employee
when the interviewer either knows or reasonably should know that
the questioning concerns a matter that could lead to suspension,
demotion, or termination. The "disciplinary interview" may be
conducted by an outside consultant at the Police Chief's discretion.
The Chief may delegate to the outside consultant the authority to
question the employee during the interview process. The outside
consultant shall follow all State laws, City policies, and the
Collective Bargaining Agreement.
b. Every employee who becomes the subject of a disciplinary
interview shall be advised, in writing, a minimum of forty-eight (48)
hours prior to the time of the interview that he/she is suspected of:
1 . Committing a criminal offense;
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2. Misconduct that would be grounds for termination,
suspension, or demotion; and,
3. That he/she has the right to Guild representation during the
interview.
c. Any employee who becomes the subject of a criminal investigation
may have legal counsel present during all interviews. Nothing in
this Agreement, however, shall be deemed a waiver of an
employee's right to Guild representation. A criminal investigation
as used herein shall be interpreted as any action which could result
in the filing of a criminal charge.
d. In criminal matters, employees will either be ordered to answer
questions or informed that they are not required to answer the
employer's questions as a condition of employment.
e. The employee shall be informed in writing as to whether he/she is a
witness or suspect before any interview commences.
f. The disciplinary interview of any employee shall be at a reasonable
hour, unless the exigency of the interview dictates otherwise.
Whenever possible, interviews shall be scheduled during the
normal workday of the City.
g. The employee or employer may request that a disciplinary interview
be recorded, either mechanically or by a stenographer. There can
be no "off the record" questions. Upon request, the employee, in a
disciplinary interview, shall be provided an exact copy of any written
statement he/she has signed, or of a verbatim transcript of any
interview.
h. Interviewing shall be completed within a reasonable time and shall
be done under circumstances devoid of intimidation or coercion. In
all disciplinary interviews, the employee shall be afforded an
opportunity and facilities to contact and consult privately with an
attorney of his/her own choosing, before being interviewed. Such
opportunity to contact and consult privately with a private attorney
shall not unduly delay the disciplinary interview. The employee
shall be entitled to such reasonable intermissions, as he/she shall
request for personal necessities, meals, telephone calls, and/or rest
periods. The employee may be represented by either a private
attorney or the Guild during the interview, but not both.
All interviewing shall be limited in scope to activities,
circumstances, or events which pertain to the employee's conduct
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or acts which may form the basis for disciplinary action under one
(1) or more of the categories contained in "2" herein.
j. The employee will not be threatened with dismissal or other
disciplinary punishment as a guise to attempt to obtain his/her
resignation, nor shall he/she be subject to abusive or offensive
language or intimidation in any other manner. No promises or
rewards shall be made as an inducement to answer questions.
k. No employee shall be required to unwillingly submit to a polygraph
test.
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.
ARTICLE 19 — SAVINGS CLAUSE
19.1 If any article, or any portion of any article, of this Agreement or any addendum's
thereto should be held invalid by any tribunal of competent jurisdiction, or if
compliance with or enforcement of any article should be restrained by such
tribunal, the remainder of the Agreement and addendum's shall not be affected
thereby and the parties shall enter into immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory replacement of
such article.
ARTICLE 20 — ENTIRE AGREEMENT
20.1 The Agreement expressed herein in writing constitutes the entire Agreement
between the parties and no oral statement shall add to or supersede any of its
provisions.
ARTICLE 21 — RETENTION OF BENEFITS
21.1 This Agreement shall not operate to reduce any benefits specified in this
Agreement which are now more favorably enjoyed by any of the employees
covered herein.
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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 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.
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Under the Influence — The following cutoff levels shall be used for the initial
screening of specimens to determine whether they are negative for these drugs
or classes of drugs:
(ng/ml) Test Level
Amphetamines 1000
Barbiturates 300
Benzodiazepines 300
Cannabinoids 100
Cocaine metabolites 300
Methadone 300
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/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 a Guild
representative if one is readily available and the employee has requested
said conference.
b. The employee shall be given an opportunity to explain to the test
administrator the reasons for the employee's condition, such as reaction to
a prescribed drug, fatigue, exposure to toxic substances, or any other
reasons known to the employee. The Employer and a Guild
representative may be present during this discussion.
c. The Employer may request urine and/or blood samples.
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d. Urine and blood samples shall be collected at a local laboratory, hospital,
or medical facility. The Employer shall transport the employee to the
collection site. The Employer and/or Guild representative may be allowed
to accompany the employee to the collection site and observe the bottling
and sealing of the specimen. The employee shall not be observed by the
Employer when the urine specimen is given.
e. All specimen containers, 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 Guild representative and proper chain-of-
custody procedures shall be followed.
f. The collection and testing of the samples shall be performed only by a
laboratory and by a physician or 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 Guild and the Employer. The laboratory used shall
also be one whose procedures are periodically tested in a program where
they analyze unknown samples sent by an independent party. The results
of such tests shall be made available to the Employer and the Guild.
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 ng/ml.
Confirmatory Test
Marijuana metabolites 15 ng/ml
Cocaine metabolites 150 ng/ml
Opiates
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
h. At the employee's or the Guild's option, a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the Guild for testing. The
cost of this test will be paid by the Guild or the employee. Failure to
exercise this option may not be considered as evidence in arbitration or
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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 Guild shall be informed of the results of all tests,
and provided with all documentation regarding the tests as soon as the
test results are available.
22.3 The parties shall designate a Medical Review Officer (MRO) to review all
confirmed positive test results and communicate those results to the employer.
The MRO shall have the responsibility to determine when an individual has failed
a drug test in accordance with the standards enumerated herein. The MRO shall
retain all records of all positive tests for at least five (5) years and records of all
negative tests for at least one (1) year.
22.4 If the results of the drug test are positive, and support a conclusion that the
employee used an illegal drug, or reported to work while under the influence of
alcohol, the employee may be subject to discipline including immediate
discharge.
ARTICLE 23 — TAKE-HOME VEHICLES
23.1 The Chief of Police may assign a department vehicle at his/her own discretion to
specific employees, which will allow said employees the ability to take home a
vehicle outside their normal/regular scheduled working hours. The City is not
required to backfill an assigned Police vehicle in the event that the assigned
vehicle is out of service due to maintenance or repairs.
Employees provided a take-home vehicle shall maintain their assigned vehicle in
accordance to the standards and policies set forth by the City regarding the use
of City-owned vehicles. The Police Chief, or designee, reserves the right to
discontinue the permission originally granted to take the assigned Police vehicle
home at any time. The Guild shall not file a grievance if the Police Chief, or
designee, discontinues the take-home permission for the designated officer. The
Police Chief, or designee, shall provide a one (1) week notice to discontinue the
permission to take a vehicle home outside the normal/scheduled working hours.
If an officer is scheduled to be out of work for longer than one workweek, he/she
may be required to bring back the take-home vehicle for the duration of the
officer's time away from work.
For an Officer given a take-home vehicle, the maximum allowable commuting
distance is twenty-five (25) miles. This driving distance will be calculated from
the officer's primary residential residence to the City limits of Auburn. An officer
commuting in a City-owned vehicle must notify the Chief's office, via the chain of
command, when changing residences. This notification will include an updated
mileage calculation. Vehicles shall only be used for work-related purposes and
shall not be used for personal errands or transports, unless special
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circumstances exist and the Chief, or designee, gives authorization. A non-
employee of the City shall not ride as a passenger in the take-home vehicle
without prior approval from the Chief, or designee. If there is a questionable use
of the vehicle, the officer shall discuss this usage with their immediate supervisor.
The officer should be prepared to justify all vehicle usage. Further, the Officer
shall not leave weapons and/or specialized equipment in the vehicle overnight.
The intent of the language for Article 23 is to collectively incorporate the MOU
language for Detectives signed on December 17, 2015, the SWAT Team Leader
and Assistant Team Leader signed on May 8, 2018, and the Collision
Investigation Officer signed on August 2, 2018. The incorporation of the MOUs
into the CBA is agreed upon by both the City and the Guild, and was not used in
the analysis or negotiations for a total compensation package in the 2019-2021
Collective Bargaining Agreement.
ARTICLE 24 — LATERAL HIRES
24.1 The City shall pay a hiring bonus of five thousand dollars ($5,000) for
experienced police officers in two (2) equal installments of two thousand, five
hundred dollars ($2,500). The first installment shall occur upon meeting the
requirements for the Equivalency Academy (medical clearance and firearms
qualification); the second successful completion of the one-year probationary
period.
24.2 A current officer who recruits a successful lateral police officer shall be paid one
thousand dollars ($1 ,000) for each lateral police officer hired. The determination
as to who shall receive the recruitment fee shall be non-grievable.
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ARTICLE 25 - DURATION
25.1 This Agreement shall become effective on January 1, 2019, until December 31,
2021.
Signed this \' day of Q el ,\ , 2019, at Auburn, Washington.
CITY OF AUBURN AUBURN POLICE GUILD
ayor
By: �1i' o'
Director of Human Resources
By:
City Clerk
Approved As To Form:
By:
City Attorney
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Appendix "A"
2019 STRAIGHT-TIME HOURLY RATE OF PAY
2019 PAY PLAN
A 4% wage increase effective January 1 , 2019.
2020 PAY PLAN
A 3% wage increase effective January 1 , 2020.
A 1% wage increase effective July 1, 2020.
2021 PAY PLAN
A 1.5% wage increase effective January 1 , 2021.
A 1 .5% wage increase effective July 1 , 2021
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