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HomeMy WebLinkAbout5656 RESOLUTION NO. 5656 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 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT LODGE NO. 160 FOR 2022-2024 WHEREAS, the City recognizes the International Association of Machinists and Aerospace Workers, District Lodge No. 160 as the exclusive bargaining representative of the non-commissioned employees of 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 2022-2024 that sets forth the salaries and conditions of employment for the members of the Union; 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 Union. 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 International Association of Machinists and Aerospace Workers, District Lodge No. 160 for the calendar years 2022-2024, 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. 5656 March 7, 2022 Page 1 of 2 Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this ---\, - day of ' 'S-"Nsp1/4„s-c_\/\_ , 2022. CITY OF AUBURN f _ 4 . ANCY ,c KUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Resolution No. 5656 March 7, 2022 Page 2 of 2 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Exhibit A FINAL AGREEMENT NON-COMMISSIONED UNIT CITY OF AUBURN AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 2022-2024 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 AGREEMENT NON-COMMISSIONED UNIT BY AND BETWEEN CITY OF AUBURN AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT LODGE NO. 160 January 1, 2022 — December 31, 2024 PREAMBLE This Agreement is between the City of Auburn (hereinafter called the "City") and the International Association of Machinists and Aerospace Workers, District Lodge No. 160, (hereinafter called "Union") 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 Union as the collective bargaining representative. Effective: January 1, 2022 Page 2 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 TABLE OF CONTENTS PREAMBLE Page 2 ARTICLE 1 — RECOGNITION AND BARGAINING UNIT Page 5 ARTICLE 2— UNION MEMBERSHIP Page 5 ARTICLE 3—UNION REPRESENTATION: ACCESS TO EMPLOYEES Page 6 ARTICLE 4— NONDISCRIMINATION Page 7 ARTICLE 5— HOURS OF WORK AND OVERTIME Page 7 ARTICLE 6—CLASSIFICATIONS AND SALARIES Page 10 ARTICLE 7— HOLIDAYS Page 11 ARTICLE 8—VACATIONS Page 12 ARTICLE 9—HEALTH AND WELFARE Page 13 ARTICLE 10—PENSIONS Page 15 ARTICLE 11 —JURY DUTY Page 15 ARTICLE 12—SICK, DISABILITY, BEREAVEMENT, AND EMERGENCY LEAVE Page 15 ARTICLE 13— UNIFORM ALLOWANCE Page 18 ARTICLE 14— EMPLOYMENT PRACTICES Page 19 ARTICLE 15—MANAGEMENT RIGHTS Page 20 ARTICLE 16—GRIEVANCE PROCEDURE Page 21 ARTICLE 17—STRIKES OR LOCKOUTS Page 23 ARTICLE 18—BULLETIN BOARDS Page 23 ARTICLE 19—LEGALITY OF NEGOTIATED AGREEMENT Page 24 ARTICLE 20 —ENTIRE AGREEMENT Page 24 ARTICLE 21 —RETENTION OF BENEFITS Page 24 ARTICLE 22— INVESTIGATIONS, INTERROGATIONS, AND APPLICATION OF DISCIPLINE Page 25 ARTICLE 23—CIVIL SERVICE COVERAGE Page 26 Page 3 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 ARTICLE 24—RETENTION INCENTIVE Page 27 ARTICLE 25—TERMS OF AGREEMENT Page 28 APPENDIX A—STRAIGHT-TIME HOURLY RATE OF PAY Page 29 APPENDIX B—QUARTERMASTER SYSTEM LIST OF UNIFORMS ITEMS/EQUIPMENT Page 30 Page 4 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 Article I RECOGNITION AND BARGAINING UNIT Section 1. The City recognizes the Union as the exclusive bargaining representative for all employees designated by the classifications set forth in Appendix "A" and as certified by the Public Employment Relations Commission Case No. 7784-E-89-1327, February 1989, excluding confidential employees, supervisors, and all other employees. Section 2. Full-Time, Regular Employees: Full-time employee means any employee who regularly works forty (40) hours or more per week for more than (4) consecutive calendar months in a calendar year. Part-Time, Regular Employees: Part-time, regular employee is an employee who regularly works less than forty (40) hours per week, but not less than thirty (30) hours per week, for more than four (4) consecutive calendar months in a calendar year. Such employees shall accrue vacation, sick leave, and holiday benefits in the direct ratio that their regular work hours bears to forty (40) hours per week. All employees doing bargaining unit work must be members under one of the above classifications. This provision shall not include temporary or occasional workers providing no more than six hundred (600) hours are worked by these two (2) groups per year. Note: Salary step advancement for part-time employees shall be based upon completed months of service as set forth in Appendix "A". Article 2 UNION MEMBERSHIP Section 1. All active, full-time employees covered by this Agreement shall have the right to become members of the Union. Regarding regular, part-time employees that choose to be members of the Union, it is acknowledged that the Union will determine the proportion of the regular monthly dues payable to the Union by such employees, after considering the ratio that their regular work hours bears to forty (40) hours per week. Section 2. PAYROLL DEDUCTION FOR UNION DUES. The City agrees to deduct monthly dues required of the employees in the bargaining unit who voluntarily execute a wage assignment authorization form in writing. The City will deposit such dues with International Association of Machinists and Aerospace Workers, District Lodge 160, IAM&AW, 9135 — 15th Place South, Seattle, Washington, 98108. Upon issuance and transmission of such dues and initiation fees to the Union, the City's responsibility shall cease with the respect to such deductions. The Union and each employee authorizing Page 5 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 the assignment of wages for payment of Union dues hereby undertake to indemnify and hold the City harmless from all claims, demands, suits, or other forms of liability that may arise against the City for, or on account of, any deduction made by the wages of such employee. Section 3. REVOCATION. An employee may revoke his or her authorization for payroll deduction of payments to the Union by written notice to the City, and separately to the Union by sending an email to dues@iam160.com. 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. Section 4. POLITICAL ENDORSEMENTS. By remitting dues to the Union, the City does not thereby endorse any expenditure, political or otherwise, made by the Union. Section 5. NEW EMPLOYEES. The Union Business Representative, or designee, shall have up to thirty (30) minutes, during an employee's first week of employment, or as soon as schedules allow, to meet with newly hired employees covered by this CBA for the purposes of filling out Union paperwork and orienting the employee to Union membership. The thirty (30) minutes shall be at a mutually agreeable time between the City and the Union. If the designee conducting the meeting is an employee of the City, they shall endeavor to meet on unpaid time. Article 3 UNION REPRESENTATION: ACCESS TO EMPLOYEES Section 1. The Business Representative of the Union 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 or steward does not interfere with the normal work processes. No Union member or officer shall conduct any Union business on City time and no Union 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. Section 2. The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union so long as these activities do not interfere with normal work processes of the City. Section 3. The employer will attempt to allow such members of the Union as may be designated by the Union, not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Union negotiating team in labor negotiations with the City of Auburn including mediation. Note: Chief retains the right not to allow three (3) based on Department staffing needs. Page 6 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 Article 4 NONDISCRIMINATION It is mutually agreed that there shall be no discrimination of any protected class as defined under the federal, state, and/or local laws, unless based upon a bonafide occupational qualification. The Union, employees, and management representatives shall work cooperatively to assure the achievement of equal employment opportunity. Furthermore, employees who feel they have been discriminated against shall be encouraged to use the grievance procedure set up under this Agreement prior to seeking relief through other channels. Grievances under this Article shall not be subject to step four of the grievance procedure (Arbitration). Article 5 HOURS OF WORK AND OVERTIME Section 1. 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 City will determine the applicable workweeks in which to implement a 4x10 schedule. The following terms will govern compensation and benefits: a. Once scheduled for the 4x10 work schedule, no changes to the schedule or "swaps" will be allowed unless agreed to by the City. b. Holidays shall be commensurate with the work schedule. If the holiday falls on a day which the employee is not scheduled to work, the employee will "bank" ten (10) hours of holiday, at the supervisor's discretion. c. Every effort will be made by the employees to schedule personal appointments on the day off. Exceptions shall be approved by the Chief of Police (or designee during absences). d. The City reserves the right to discontinue the 4x10 work schedule program in whole, or in part, at any time based on operational needs or necessity. Shift Schedule — Employees shall work twelve (12) months on their primary shift schedules. Employees shall bid annually for their primary shift schedules based on the seniority of the employee. However, the Chief, or designee, has ultimate authority on employee placement. Section 2. Except as otherwise provided in this Article, employees shall be paid at the rate of time and a half(11/2) of their hourly base rate for: A. All hours worked outside the regularly assigned shift in any one (1) day; Page 7 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91F6-D549B31A5069 B. All hours worked on a scheduled day off as a result of a rescheduled holiday; 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, or if the employee only works one (1) day, without prior notice. All overtime must be authorized by the Chief of Police, or designee. Where possible, overtime shall be assigned equitably, subject to employee qualifications, as determined by management, to perform the work. Employees shall have the first right of refusal of any overtime opportunities within his/her respective job classifications before it is offered to bargaining unit employees in other classifications. In the event of unscheduled overtime within the Police Services Specialists classification, overtime will first be offered by seniority to on-duty employees holding the same classification. If additional coverage is needed, the overtime will be first offered to the incoming employees holding the same classification by seniority. In the event of scheduled overtime for Police Services Specialists, qualified employees will be asked to volunteer for such, and assignment of the overtime will be in order of seniority. If an insufficient number of employees volunteer, the scheduled overtime will be assigned on a mandatory basis to qualified employees. In all cases in computing overtime, the nearest one-quarter (1/4) hour shall be used. Section 3. COMPENSATORY TIME. Payment for authorized overtime hours worked shall be pay or compensatory time at the employee's option to be exercised at the time earned. Compensatory time shall be earned and accumulated at the rate of time and a half(1 %) • hours for each overtime hour worked, provided that the maximum allowable accrued shall be one hundred and twenty (120) hours of compensation. Overtime worked beyond that cap will be compensated by pay only. Effective November 30th of each year, all compensatory time accrued as of the 30th of November of that year minus thirty(30) hours will be cashed out at the employee's then current rate of pay (base plus longevity) on the first payday of December. At the option of the employee, any or all of the remaining thirty (30) hours may be paid at that time, but no more than thirty (30) hours may be carried over into the following calendar year. The City may require that employees use existing compensatory time, specifying the date on which it is to be used. In the event an employee requests the use of accrued compensatory time on a particular date, and the City does not grant that request, the parties agree that one year is a reasonable time within which to schedule and grant time off. Page 8 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 Section 4. CALLBACK. If an employee is called to duty or is scheduled for court during off hours, he/she will be guaranteed a minimum of three (3) hours at time and a half (1 %) times his/her hourly base rate, except where such attendance is an extension of the end of his/her regularly scheduled shift, at which time normal overtime procedures will apply. When a Crime Scene Team callout (called back outside of the employee's regular work schedule)or on-duty deployment(deployment during regular work schedule) is made, the responding Evidence Technician will receive double (2x) time at their regular rate of pay for the duration of the callout/deployment. Double time does not apply for any type of Crime Scene Team training. Section 5. 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 normal overtime or four (4) hours straight time, whichever is greater. The employer will pay for all hours from the time employees leave the Auburn Police Department to the time they return to the Auburn Police Department for all court duty outside the City limits. Section 6. Compensation for off-duty attendance at authorized training programs shall be agreed upon in advance between the employee and the police administration, in accordance with the following guidelines: A. Employee shall be paid time and a half (1 1/2) for training required by the employer and in session beyond the employee's normally scheduled shift in one (1) day. B. Employee shall waiver any compensation for voluntary training programs. C. TRAINING. The Employer agrees to provide a minimum of twenty (20) hours of job-related training per calendar year. Section 7. CANCELLATION OF COURT APPEARANCE. When an employee complies with all departmental procedures on the day prior to a court appearance, and is notified on the 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. Section 8. REST AND LUNCH BREAKS. As a general rule, employees may combine their 15-minute rest breaks with their 30-minute lunch break. Employees must be immediately available by cell phone or other communicative device so that they are able to return to the worksite within ten (10) minutes of contact. Failure to be able to contact the employee may result in discipline. Page 9 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Article 6 CLASSIFICATION AND SALARIES Section 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. Section 2. All employees may be reimbursed for a portion or all of the educational expenses for job-related classes or degrees, but such classes must have the prior approval of the Chief of Police, or designee. Section 3. 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: LONGEVITY PAY SCHEDULE 5 Years 2.0% 8 Years 3.5% 11 Years 5.0% 14 Years 6.5% 17 Years 8.0% 19 Years 9.0% 25 Years 10.0% Section 4. Non-supervisory employees conducting training will be paid an additional two percent (2%) of the employee's base pay for that time actually involved in training. Section 5. Employees who have two (2) years of full-time experience in one of the classifications covered by this Agreement, as determined by the Employer, within the previous four (4) years of applying with the City of Auburn, may start at step 2 of that classification's pay scale (i.e. two (2) years as a Police Specialist Supervisor may start at Step 2 of the Police Services Supervisor classification, etc.). Section 6. Shift Differential. Employees assigned to work a graveyard shift shall receive a $0.75 per hour worked as a shift differential premium. Section 7. Education Premium. After completion of probation or one (1) year of employment, those who have completed degree requirements from an accredited college or university shall be paid a percentage of their straight-time hourly rate as educational incentive based on the following schedule: AA/AS Degree— 1% BA/BS Degree — 3% Page 10 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Article 7 HOLIDAYS Section 1. The following -thirteen (13) days are designated as Holidays: New Year's Day Veteran's Day President's Day Thanksgiving Day Memorial Day Native American Heritage Day Independence Day Christmas Eve Labor Day Christmas Day Martin Luther King Day Floating Holiday (1) Juneteenth Section 2. An employee who works on an observed holiday as set forth in Section 7.1 shall be compensated (paid) at the rate of two and one-half (2 %) times the employee's regular hourly rate of pay for each hour worked inclusive of holiday pay, or have the option of receiving time and a half (1 1/2) times his/her hourly base pay for hours worked and receive one (1) holiday banked, to be taken at a time agreeable to the employee and the Chief of Police, or designee. Hours worked in excess of the employee's regular shift on that holiday shall be compensated (paid) at two and one-half (2 '/2) of the employee's base pay. Any employee who works the following listed holidays shall be paid triple his/her base rate, or may elect to be paid double his/her base rate in addition to receiving a day off in lieu of that holiday: 1. Thanksgiving Day 2. Christmas Day Section 3. For Police Services Supervisors, Police Services Specialists, and Animal Control Officers, the designated holidays shall be: New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Native American Heritage Day Friday after Thanksgiving Christmas Eve December 24 Christmas December 25 Page 11 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 Note: Animal Control Officers are non-essential personnel and shall have the above holiday off of work. For Parking Enforcement Officers and Evidence Technicians, 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 on a Saturday, the preceding Friday shall be the recognized holiday. Holidays shall be commensurate with the work schedule. If the holiday falls on a day which the employee is not scheduled to work, the employee will bank ten (10) hours of holiday for future use at the supervisor's discretion. Employees may accrue up to a maximum of sixty-three (63) hours of holiday leave, but in no event shall an employee accumulate in excess of sixty-three (63) hours. Anything over sixty-three (63) hours will be cashed out. Section 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 unit or shift commander so long as there remains the required number of personnel on duty for that shift. Management will make a reasonable effort to accommodate the employee's request to take a floating holiday, after considering the operational needs of the Police Department. Early request (i.e., more than sixty (60) days prior to the date requested) will be acted upon by the Chief, or designee, within thirty (30) days of the date the initial request is made. Section 5. Employees terminating service after completion of probation, other than for just cause, shall receive compensation for vested unused holiday time. Section 6. Based upon management approval, employees on non-rotating schedules electing to work the holiday on the date listed in Article 7, Section 1, shall be paid the employee's normal rate of pay and bank the holiday. Article 8 VACATIONS Section 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: Upon completion of 1st year of continuous service 120 hours per year Page 12 of 32 DocuSign Envelope ID:08D1 E8AD-FCE9-4242-91 F6-D549B31A5069 Upon completion of 5th year of continuous service 140 hours per year Upon completion of 10th year of continuous service 160 hours per year Upon completion of 15th year of continuous service 176 hours per year Upon completion of 20th year of continuous service 192 hours per year Upon completion of 25th year of continuous service 208 hours per year An employee who terminates employment during the first six (6) months of employment shall not be entitled to accrued annual vacation leave or payment. Section 2. Each full-time and regular, part-time employee of the City shall be entitled to accumulate unused, vacation leave not to exceed a maximum of two (2) year's annual vacation leave. All vacation leave shall be taken at a time mutually agreeable between the employee and the Police Chief, or designee. Section 3. Vacations may be requested up to one year in advance and shall be awarded on a first-come, first-served basis. Section 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 employees. Section 5. The minimum increment vacation may be taken is one quarter (1/4) hour. Article 9 HEALTH AND WELFARE Section 1. A healthcare, dental care, orthodontics, and life insurance program shall be granted to eligible, active, full-time employees, and their dependents. Said programs and arrangements shall consist of: 1. Premera $250/$750 Deductible, Premera $1,500/$3,000 High Deductible Plan, with the City paying one hundred percent (100%) of the premium for employees through the duration of the contract. The City shall pay ninety percent (90%) of the premium for the employee's qualified and eligible spouse and dependent(s), with the employee paying the remaining amount of the monthly premium for his/her spouse's and dependents' medical insurance for the duration of the contract. 2. Kaiser Permanente, twenty dollar $20 co-pay/two hundred dollar ($200) deductible plan, with the City paying the premium up to a maximum amount the City would pay for the employee's spouse and dependent(s) if the Page 13 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 employee selected the Premera $250/$750 Deductible Plan, 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. 3. 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: $66.67per month • Employee + 2 or more Children: $66.67 per month 4. 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 four hundred dollars ($400) per month to those employees that elect to opt out of medical. 5. Washington Dental Service, Plan F, Northwest IAM Benefit Trust Dental Plan #125; (It is understood between the' parties that the Union and/or employee is responsible for any difference in premium between the WDS Plan F and Benefit Trust Dental Plan); or the Willamette Dental Plan. The City will pay up to what it pays for the applicable Washington Dental Service Plan F for those choosing Willamette. 6. Vision Service Plan (VSP), full family, $10 deductible; 7. Standard Life Insurance for $10,000; and 8. Association of Washington Cities Orthodontics (Plan 1). Section 2. The Union 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 Union shall meet to explore alternative insurance coverage prior to selecting any new medical, dental, and/or vision insurance plan. The City recognizes its responsibility to bargain with the Union the impact of those decisions. Page 14 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 The Union and current employees agree to the City's tobacco use policy as it currently exists, or is hereafter amended, during the term of this Agreement. Section 3: VEBA: The City has adopted the VEBA Medical Reimbursement 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 deduction, determined by the collective bargaining unit, in an amount or a percentage (not less than $25.00 per month) of the employee's base annual salary. The City will match the employee's first one percent (1.0%) of employee base wages, semi-monthly. Article 10 PENSIONS 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 11 JURY DUTY Time off with pay will be granted for jury duty. The employee must give the Chief of Police, or designee, notice of call for jury duty at the time of notification. In order for the employee to receive his/her regular rate of pay while serving on jury duty, the employee must furnish a written statement from the appropriate public official showing the date and time served. If the employee is scheduled for jury duty and is not needed for all or a major part of the employee's regularly, scheduled shift, the employee will be on the honor system to advise his/her supervisor of his/her status. Employees are not required to return to the City per diem received for jury duty from the Court. Article 12 SICK, DISABILITY, BEREAVEMENT, EMERGENCY, AND UNION LEAVE Section 1. Sick leave credit shall accumulate for eligible employees at the rate eight (8) hours per month. Sick leave is accumulated a maximum nine hundred and sixty (960) hours, except as provided in Section 9 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 (FMLA) or Washington Family Care Act. Any employee found to Page 15 of 32 DocuSign Envelope ID:08D1 E8AD-FCE9-4242-91 F6-D549B31A5069 have abused sick leave by falsification or misrepresentation of same shall be subject to disciplinary action. a. Employees are required to use accrued paid time off during any state or federal FMLA absence before using leave without pay. b. FMLA usage computations will be based upon a rolling twelve (12) month year beginning on the date an employee takes his/her first FMLA leave. Section 2. A verifying statement of the employee's physician may be required by the Chief of Police, or designee, at his/her option, when the employee is absent for three (3) consecutive days or longer. Section 3. Employees incapacitated by illness or injury shall notify the Chief of Police, or designee, as far in advance as possible before he/she is to report to 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. Section 4. Employees shall be allowed up to three (3) days leave with pay for death in the immediate family upon approval of the department head. Immediate family includes the father, father-in-law, mother, mother-in-law, spouse, brother, sister, children, grandchildren, grandparents, grandparents-in-law, step-children, brother-in-law, sister-in- law, and in situations of loco parentis of the employee. Upon approval of the Police Chief, or designee, the employee may be eligible to use sick leave if bereavement exceeds three (3)days. The Director of Human Resources may grant non-precedent setting exceptions, based upon individual circumstances. Section 5. An employee shall be allowed use of family sick leave per applicable federal and state laws. A. For the actual time during an employee's regularly scheduled shift that the employee must attend to the immediate needs of the dependent child, adult child with a disability, spouse, registered domestic partner, parent, parent- in-law, or grandparent with a serious or emergency health condition. B. An employee is expected to return to work as soon as he/she can be relieved or is no longer needed. C. In any incident of family illness/injury, the employee may be required to furnish a doctor's certificate stating what the illness/injury is and that the employee's presence is required. Section 6. An employee may use up to twelve (12) workweeks of leave each year in accordance with the provisions of the FMLA as follows: An employee who has worked for the City at least twelve (12) months, including at least 1250 hours in the last twelve (12) months, may be entitled to twelve (12) workweeks of Page 16 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 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 of the leave when it is to begin (14 days notice for 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 FMLA, 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 entitlement. Upon return from the leave, the employee is entitled to return to the same, 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 (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 person serious health condition. Certification and/or second or third options 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 work week 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 operations. Section 7. Employees hired after 1/1/93 shall not be eligible to receive any cash payment for accrued sick leave at separation of employment for any reason. Upon certification of death of the employee, the employee's estate shall be paid 25% of the accrued, unused sick leave balance of the deceased employee at the employee's then hourly rate. Page 17 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Section 8. 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 at twenty five percent (25%) of the employee's then hourly base rate. Section 9. In the event of injury or illness for which an employee receives Workers' Compensation, the employee shall be permitted to use accrued sick leave to supplement any time loss payment, proportionately, to make up any difference between the amount of the time loss check and the employee's regular semi-monthly paycheck (keeping the employee "whole"). If the total amount of sick leave payments plus time loss payments exceeds the employee's regular semi-monthly wage, the employee shall be required to "buy back" their used sick leave by submitting to the City time loss payments from the State. When an employee suffers an injury sustained from an act of violence peculiar to the duties and responsibilities of police support employees and is temporarily, totally disabled, and unable to work as the proximate result of that on-the-job injury as covered by Workers' Compensation Industrial Insurance laws, the City shall compensate the affected employee for his/her regular basic 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 from the initial injury, 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 Section 10. The City shall pay a five thousand dollar($5,000) death benefit to the estate of a non-commissioned employee in the bargaining unit who is killed in the line of duty. Such payment shall be for funeral and related expenses. Section 11. LEAVE FOR UNION BUSINESS. Employees shall be granted time off with approval of the Chief of Police, or designee, without pay, to attend Union functions approved by the District. Article 13 UNIFORM ALLOWANCE Employees shall be on the quartermaster system and will be issued their full complement of uniforms/equipment according to the list of agreed upon items attached to this Agreement as Appendix B. The City shall replace required uniforms on an as needed basis, as determined by the Police Chief, or designee. All issued uniforms/equipment are in ownership of the City and must be returned upon retirement or departure. Page 18 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 All employees on the quartermaster system will be entitled to have up to four items cleaned per week. Article 14 EMPLOYMENT PRACTICES Section 1. LAYOFF. Personnel reductions through layoff procedures and reinstatement from such layoffs shall be based upon seniority by classification, with last hired to be first laid off. If seniority is equal, layoffs will be based upon performance as determined by the City. A laid off employee shall be eligible for rehire for a period of one (1) year after one (1) year of service and two (2)years after two (2) or more years of service. An employee who is recalled to work after layoff shall be reemployed in the same position, and at the same step in the salary range, which he/she occupied at the time of layoff. Recalled employees will retain the same seniority that they held at the time of layoff. Section 2. SENIORITY. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the earliest date of hire with the City. Section 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 for hours worked in the performance of such duties at Step 1 of the pay grade of the position being filled or the next highest step that ensures the out-of-class employee approximately a five (5) percent increase to the maximum of the out-of-class pay grade. The employee shall be compensated a minimum of four (4) hours at that higher rate. When the work performed is more than four (4) hours in duration, the employee shall be compensated for the entire shift. Section 4. SUBCONTRACTING. In the event the City lays off a regular, full-time employee and decides to subcontract the majority of that work the employee was doing (during the period the employee retains layoff rights), the laid off employee will be given the opportunity to accept a position with the subcontractor, if possible. Notification and placement will be agreed upon between Union and City. If the laid off employee rejects the opportunity when given, such employee's rights under this provision shall cease. Section 5. NEW TECHNOLOGY. If an employee is placed on layoff status due to new technology and a subsequent job opening occurs within the bargaining unit in that classification (or in a new classification created by such new technology), the laid off employee that qualifies for such job shall be given first consideration. Such recall rights shall be limited to the time frames set forth in Section 1 herein. Section 6. DRUG TEST. No employee shall be required to take, or be subjected to, any random alcohol or drug testing as a condition of continued employment, except for reasonable cause or when otherwise allowed by law or any courts of competent jurisdiction. The Union shall cooperate with the City in fulfilling its obligations to comply with the Drug Free Workplace Act of 1988, and acknowledges the City's right to Page 19 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91F6-D549B31A5069 implement reasonable policies to assure compliance. Any employee disciplined or discharged for violation of such policy shall have the right to appeal such action through the grievance procedures. Section 7. MILITARY LEAVE. An employee who is a member of the Washington National Guard or a Federal Reserve Military Unit is entitled to leave from his/her duties with full pay for official military duty in accordance with RCW 38.40.060. Such leaves are in addition to any other leave or vacation benefits. Section 8. LIE DETECTOR TEST. No employee shall be required to take, or be subjected to, any lie detector test as a condition of continued employment. Section 9. PROBATIONARY EMPLOYEES. All new employees shall serve a probationary period of twelve (12) months. The Union may not question the discipline or dismissal of any probationary employee, nor shall the dismissal be the subject of a grievance. The probationary period for employees being transferred/promoted to another position in the bargaining unit shall be six (6) months. If an employee's performance in the new position is found to be unacceptable, the employee shall be returned to the position from which the employee was promoted or transferred, if an opening exists. Section 10. LIABILITY COVERAGE. The City will continue to provide liability coverage consistent with the terms of the City's insurance policies and/or any self-insurance program maintained by the City. Article 15 MANAGEMENT RIGHTS Section 1. DIRECTION OF WORKFORCE. The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its lawful mandate, and the powers of authority, which the City has not specifically abridged, delegated, or modified by this Agreement are retained by the City, including but not limited to, the right to contract services of any and all types. The direction of its working force is vested exclusively in the City. This shall include, but not be limited to, the rights to (a) direct employees; (b) hire, promote, transfer, assign, and train employees; (c) suspend, demote, discharge, or take disciplinary action against employees for just cause; (d) relieve employees from duty because of lack of work or other legitimate reasons; (e) maintain the efficiency of the operation entrusted to the City, (f) determine methods, means, work schedules, and personnel by which such operations are to be conducted; (g) control the departmental budget and (h) take any actions necessary in conditions of emergency regardless of prior commitments and to carry out the mission of the agency; provided, however, that items (a) through (h) shall be consistent with City ordinances, personnel policies, and procedures, and may be limited by the terms of this Agreement. Page 20 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 Section 2. CITY RULES AND REGULATIONS. The City shall have the right to make such reasonable direction, rules, and regulations as may be deemed necessary by the City for the conduct and the management of the affairs of the City, and the Union agrees that the employees shall be bound by and obey such directions, rules, and the regulations insofar as the same do not conflict. Section 3. APPLICATION OF POLICIES AND PROCEDURES. Rules and regulations shall be made available by the City in writing to all employees. Formal disciplinary action against an employee for violation of Police Department policies and procedures may be subject to the grievance procedure. Article 16 GRIEVANCE PROCEDURE Section 1. For the purpose of the Agreement, the term "grievance" means any dispute between the Employer and the Union concerning an alleged breach or violation of this Agreement. Step 1. An alleged grievance shall be taken up with the employee's immediate supervisor and shift commander within ten (10) business 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 Union and employee shall process the grievance to Step 2 of the Grievance Procedure contained herein within ten (10) business days of the meeting with the employee's immediate supervisor. Step 2. The grievance shall be reduced to written form, and sent to Human Resources, by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail and remedy sought. The employee and the Union representative shall present the written grievance to the Division Commander, Human Resources Director, and the Chief of Police. The Chief of Police, or designee, will conduct a meeting within five (5) business days of receipt of the written grievance. The Chief of Police shall make a decision on the matter in writing within ten (10) business days from such meeting. Copies of the Chiefs decision will be furnished to the aggrieved, the Union representative, and the Director of Human Resources. Grievances involving suspension, demotion, or discharge shall begin at Step 2. Step 3. A grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to Human Resources in writing within ten (10) working days whereupon the Mayor shall conduct an investigatory hearing within five (5) business days of the receipt of the written grievance. The Mayor shall render a decision within five (5) business days of such hearing. Page 21 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 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 ten (10) business days. The parties shall mutually select a disinterested third party to serve as Arbitrator. In the event the Employer and Union 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 order of elimination shall be determined by flip of coin. The request to AAA shall state the issue to be decided. 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 have jurisdiction to add to, detract from, or alter in any way, the provisions of this Agreement. The decision within the jurisdiction of the Arbitrator shall be final and binding upon both parties. The parties shall evenly divide the costs of the Arbiter and any AAA services or 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 costs of the preparation of its own copy and one for the Arbiter and the declining party shall not be a provided a copy. Utilization of the grievance procedure (including arbitration) by the Union, or any employee, shall constitute an election of remedies and a waiver of any and all rights by the appealing employee, Union, and all persons it represents, to litigate or otherwise contest the appealed subject matter in any court or other available forum. Likewise, litigation or other contest of the subject matter in any court or other contest of the subject matter in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. Section 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. If the Union steward or employee contacts the employee's supervisor within the Step 1 timeframes and orally identifies an issue as a grievance, the grievance shall be considered timely. The Union or employee shall reduce such grievance to writing as soon thereafter as possible, if the issue is not resolved. Section 3. Any grievance that involves or affects a significant portion of the employees in the bargaining unit may be introduced by the Union in written form to the Chief of Police as set forth in Step 2 of the grievance procedure, and processed as set forth therefrom. Section 4. Election of Remedy — An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. In the event the grievance is unresolved after the Step 1 meeting, the Union Page 22 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91F6-D549B31A5069 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) days of the meeting with the employee's immediate supervisor. Should the employee choose to file an appeal with the Civil Service Commission, the employee shall provide the Employer and the Union with written notice of such election. If an employee chooses to appeal through the Civil Service Commission, he/she shall not be represented by the Union. The employee and/or Union must comply with the time requirements for submitting an appeal and/or grievance as provided for in the Agreement or applicable rules. Article 17 STRIKES OR LOCKOUTS During the term of this Agreement, neither the Union nor any employee shall cause, engage in, sanction, encourage, direct, request, or assist in a slow-down, work stoppage, interruption of work strike of any kind, including a sympathy strike, refusal to perform any customarily assigned duties, sick leave absence which is not bona fide, or other interference with City functions by employees under.this Agreement, against the City. • The Union and its representatives will undertake every reasonable measure to prevent and/or terminate all such strikes, slow-downs, or stoppage of work. Any concerted action by any employee shall be deemed a work stoppage if any of the above activities has occurred. The City may discipline or discharge any employee who violates this Article. This remedy shall not be exclusive of any other remedy available to the City. The sole question which may be processed through the grievance and arbitration procedure in the event of discipline or discharge for violation of this Article is whether in fact the employee did violate this Article. During the term of this Agreement, the City shall not cause, permit, or engage in any lockout of its employees. The employee, Union, and City shall comply with applicable State Law pertaining to strikes or lockouts. Article 18 BULLETIN BOARDS The City shall permit the reasonable and lawful use of bulletin boards by the Union for the posting of notices relating to official Union business. Page 23 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Article 19 LEGALITY OF NEGOTIATED AGREEMENT Should any term or provision of this Agreement be in conflict with any State or Federal statute or other applicable law or regulation binding upon the Employer, such law or regulation shall prevail. In such event, however, the remaining terms and provisions of this Agreement will continue to full force and effect. No City Ordinance or Resolution shall modify or change any Article of this Agreement during the life of this Agreement. If any Article or Section of this Agreement shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section shall be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into immediate collective negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. Article 20 ENTIRE AGREEMENT 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. However, additions, deletions, and/or modifications to this Agreement may be made during its term by mutual agreement of the parties. Such agreements shall be supplemental to this Agreement, signed and dated by both parties. Article 21 RETENTION OF BENEFITS This Agreement shall not operate to reduce any benefits not specified in this Agreement, which are currently enjoyed by any of the employees in the bargaining unit. 1. Less than one (1)full day's compensatory time off may be taken with verbal approval of the Shift Commander or Unit Commander. 2. Availability to the Chief of Police or other administrative personnel by an individual employee, under appropriate circumstances, need not follow chain of command. 3. Direct access to the Chief of Police or other administrative personnel by the Union representatives shall be permitted to discuss employer-employee problems with the chain of command. Page 24 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 Article 22 INVESTIGATIONS, INTERROGATIONS, AND APPLICATION OF DISCIPLINE Employees subject to investigation of alleged wrongdoing will be notified in writing of the outcome of the investigation and finding within forty-eight (48) hours after completion of such investigation and finding. Employee Protection. All employees within the bargaining unit shall be entitled to the following protection, which shall be consistent with the policies and procedures of the City of Auburn. The wide ranging powers and duties given to the employer and employees involve them in all manner of contracts and relationships with the public and other City of Auburn employees. Application of Discipline. Any formal discipline of employees shall be applied by the Chief of Police, or his/her designees. Discipline shall include, but not necessarily be limited to, oral warnings, written warnings, suspensions, demotions, or discharge for just cause. No employee covered by this Agreement shall formally discipline another employee, except an employee in the bargaining unit who is formally vested with such authority by the Chief of Police, or his/her designee. An employee subject to discipline shall be afforded the right to have the Union Steward and/or Union representative present, if requested by the employee. Employee warning letters shall be provided to the employee and the Union, when requested by the employee. Investigations and Interrogations. A. The employee shall be informed in writing of the nature of the investigation and whether he/she is a witness or a suspect before any interrogation commences, including information necessary to reasonably apprise him/her of allegations of such complaint. B. Any interrogation of an employee shall be at a reasonable hour, when employee is on duty unless the exigencies of the investigation dictate otherwise. Where practicable, interrogations shall be scheduled for the daytime. C. The interrogation (which shall not violate the employee's Constitutional rights) shall take place at a City facility, except when impractical. .The employee shall be afforded an opportunity and facilities to contact and consult privately with the Union Steward and/or Union Business Representative before being interrogated. The Union Steward and/or a Union Business Representative shall be present during the interrogation, if Page 25 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 requested by the employee, but may not participate in the interrogation except to counsel the employee in private. D. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, telephone calls, and counseling. E. The employee shall not be subjected to any offensive language, nor shall he/she be treated with dismissal, transfer, or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be intimidated in any other manner. No promises or rewards shall be made as an inducement to answer questions. All employees may request an attorney of their choosing to be present during a department investigation. The cost of such attorney shall be paid by the employee. Article 23 CIVIL SERVICE COVERAGE The parties hereby agree that full-time employees of the City of Auburn Police Department in the classifications of Police Services Receptionist; Police Services Specialist; Parking Control Attendant; Police Services Specialist Supervisor; Animal Control Officer; and Evidence ID Technician; (collectively "Employees") will be covered by City of Auburn Civil Service Rules in accordance with the provisions of Washington State Law (RCW 41.12.050), except as otherwise set forth herein. The parties agree the following Civil Service Rules shall not apply to the employees: Civil Service Rules 6.01, 6.02, and 6.03. Classifications and reclassifications will continue to be performed pursuant to City policy. Civil Service Rule 9. Pre-employment examinations, including medical examinations, psychological examinations, background checks, etc., will continue to be performed pursuant to City policy. Civil Service Rule 12.01. The probationary period for transfers and promotions, which is set forth in Article 14, Section 9, of the Agreement shall remain in effect. Civil Service Rule 14 and its subparts. Management rights as provided for in Article 15 of the Agreement, and all of its subparts, shall remain in effect. Civil Service Rule 15. Leaves of absences shall continue to be governed by the Agreement and City policy. Civil Service Rules 16.07, 16.08, and 16.09. Article 14, Section 9, of the Agreement shall apply to the discipline or discharge of a probationary employee. Page 26 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Article 24 RETENTION INCENTIVE The City shall pay a one-time payment as a retention incentive of three thousand six dollars ($3,600) to all members of the Union at the time of ratification of this CBA. Employees who voluntarily separate from City employment before December 31, 2023, will be required to repay the City on a prorated monthly basis for each month of the thirty- six (36) months that they do not work. Example: An employee receives $3,600. This equals $100.00 per month to be repaid for each month in the thirty-six (36) months. If the employee works only 13 months, the employee shall pay back the City $2,300. Employees who are eligible for retirement and separate to retire before December 31, 2023, will not be required to repay any of the one-time payment. Employees electing to opt-out of receiving the retention incentive will have two (2)weeks after the execution of this agreement to notify the City. Page 27 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Article 25 TERMS OF AGREEMENT Section 1. This Agreement is effective January 1, 2022, and shall remain in full force and effect through December 31, 2024. Pursuant to the provisions of RCW 41.56, the City agrees to commence negotiations with the Union within one (1) month of receiving the Union's request to bargain for the purpose of negotiating wages, hours, and other terms and conditions of employment for employees covered by this Agreement. Signed this 22nd day of March , 2022, at Auburn, Washington. City of Auburn International Association of Machinists and Aerospace Workers of District Lodge No. 160, Local 297 C�iDned by: r--70cutone0S�pby: (a?v.JXIC�uLi By' e •eea, a c... B Y: 3,13VV47,0(.0, Mayor Business Representative B �DocoSlgned by: Caun.Iis A.t�rtimdln. By. �"6c6:a0rMa„. Director of Human Resources/ Risk Management DocuSlgnod by: `S-”" V Do�.aA " 6'4'11x By: 'CW34'4E206426. City Clerk Approved As To Form: By: RDocusignod by: � o-4. City Attorney Page 28 of 32 DocuSign Envelope ID:08D1 EGAD-FCE9-4242-91 F6-D549B31A5069 Appendix "A" STRAIGHT-TIME HOURLY RATE OF PAY Effective January 1, 2022, the employees represented by this Agreement shall receive wage increases of 3.5%. Additionally, the Evidence Technicians, Animal Control Officer, Police Services Specialists, and Parking Control Officer shall receive a 1% market adjustment fora total of 4.5%. The Police Services Supervisors shall receive a 7% market adjustment for a total of 10.5%. Effective January 1, 2023, the employees represented by this Agreement shall receive wage increases of 3%. Effective January 1, 2024, the employees represented by this Agreement shall receive wage increases of 3% Page 29 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 Appendix "B" This appendix lists all uniform and equipment items for all Police Services, Evidence/ID Technicians, Animal Control, and the Parking Enforcement Officer staff members. QUARTERMASTER SYSTEM (LIST OF UNIFORM AND EQUIPMENT ITEMS) Receptionist/Police Services Specialist/Supervisors: Four shirts with embroidered nametags (combination of short and long sleeve) Four pair uniform trousers One sweater, jacket, or vest One pair of shoes or boots (Voucher method up to $125 per year, to be replaced as needed) One leather or nylon pants belt One Auburn Police Identification Card Evidence Technician Staff: Four long sleeve uniform shirts Four short sleeve uniform shirts Four pair uniform trousers One uniform sweater (Command Crew-neck) One uniform coverall One baseball style cap One winter uniform jacket One metal name plate — magnetic attachment—for uniform shirt One official badge One pair shoes — black leather, polished toe and heel (Voucher method up to $100) One pair boots — black leather, polished toe and heel (Voucher method up to $250) One leather or nylon pants belt One pair black leather gloves One Auburn Police Department patch (baseball cap size) Two Auburn Police shoulder patches for each shirt Two Auburn Police shoulder patches for winter jacket One fleece jacket One Auburn Police Identification Card Parking Enforcement Officers: Six Uniform Shirts —At least one (1) must be long sleeve Four pair of uniform trousers One baseball style cap One winter uniform jacket One rain coat—yellow One reflective vest Page 30 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91 F6-D549B31A5069 One uniform nylon windbreaker jacket One clip-on style tie One Auburn style Police tie clip One name plate, metal for uniform shirt One official badge One pair shoes — black leather, polished toe and heel (Voucher method up to $100) One pair boots— black leather, polished toe and heel (Voucher method up to $250) One duty equipment belt One nylon or pants belt Four belt keepers One pair black leather gloves One pair winter black leather gloves One portable radio holder One flashlight with belt holder One folding knife with belt holder One hazmat glove holder for duty belt One metal citation holder One holder for"officer daily log book" One nylon gear bag One metal forms holder One nylon key holder One Auburn Police Identification Card One pair gortex rain pants One stripe of appropriate served years stripes for left sleeve of each long sleeved shirt Two Auburn Police shoulder patches per shirt Two Auburn Police shoulder patches per sweater Two Auburn Police shoulder patches per winter jacket One ballistic vest Animal Control Officer: One jacket with hood Two jumpsuits Three name badges Three position badges Three official Auburn PD badges One baseball cap One pair boots One belt One underbelt One cell phone pouch One glove pouch One baton with holster One department cell phone Twelve belt keepers (6 per jumpsuit) One key keeper Page 31 of 32 DocuSign Envelope ID:08D1E8AD-FCE9-4242-91F6-D549B31A5069 One dog-handler gloves One radio with holster and microphone One flashlight with charger and holster One go bag Six Auburn Police shoulder patches (2 per garment) Three back labels of"Animal Control" (1 per garment) Page 32 of 32 DocuSign Envelope ID:09EAD6DB-E3B9-410C-93EC-E8DB91A5FCD1 DocuSign Envelope ID:CE22D61A-FDD2-4F02-83EB-E85FEE61C4AA ' 6th ADDENDUM TO THE LEASE AGREEMENT BETWEEN GBJ,LLC,,AND THE CITYOF AUBURN THIS ADDENDUM is made and entered into this 23rd day of March 2022, by and between GBJ, LLC, a Washington Limited Liability Company("Lessor"), and the CITY OF AUBURN, a municipal corporation of the State of Washington (the "City"), as an addendum to the Land Lease Agreement dated April 15th, 2011, between the parties for the land legally described as follows: Lot Three (3) and the easterly one-half (1/2) of.Lot Two (2), Poplarwood Addition to Auburn,Block Six(6) Located in Auburn,Washington and collectively referred to as the"Premises". RECI.TALS: 1. The City and GBJ, LLC entered into a Land Lease Agreement on April 15t1i, 2011, for a five(5)year term with an option to extend for additional one(1)year terms for land to be used as a Community Garden; and 2. The City and GBJ, LLC, have agreed each year to exercise the option ofthe additional one (1) year term through written Agreement titled "Jones Community Garden Renewal Option"; and 3. The City and GBJ, LLC for the benefit of the public wish to extend the term of the Lease Agreement for an additional one(1)year term.. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the Parties agree as follows: 1. This Land Lease Agreement shall be extended beginning May 1.'t,2022 through April 30t11, 2023. 2. Total consideration for this one year Lease term is: One Thousand Seven. Hundred Twenty-One Dollars and Five Cents($1,721.05)becoming due as follows: a. Eight hundred sixty dollars &fifty three cents($860.53)due on May 1, 2022 b. Eight hundred sixty dollars &fifty two cents ($860.52) due on October 1, 2022 3. All other terms and conditions of the original Lease shall remain the same. /SIGNATURES ON THE FOLLOWING PAGE' DocuSign Envelope ID:09EAD6DB-E3B9-410C-93EC-E8DB91 A5FCD1 DocuSign Envelope ID:CE22D61A-FDD2-4F02-83EB-E85FEE61C4AA LESSOR: LESSEE: GBJ, LLC CITY OF AUBURN FlkouSlonad by. ,00.eroned by. BY: 63061104653 306g of tu,�Glnlo4S . a $y, / xiCk`s (_s woo.. y LeRoy A. Jones, its managing Nancy Backus, Mayor member 3/21/2022 3/22/2022 Date: Date: