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HomeMy WebLinkAbout5663RESOLUTION NO. 5663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN POLICE MANAGEMENT ASSOCIATION FOR 2022-2024 WHEREAS, the City recognizes the Auburn Police Management Association as the exclusive bargaining representative of all Commanders 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 Association; 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 Association. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute a Collective Bargaining Agreement between the City and the Auburn Police Management Association for the calendar years 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. 5663 April 18, 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 18th day of April, 2022. CITY OF AUBURN ANCY '' US, MAYO' ATTEST:APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Resolution No. 5663 April 18, 2022 Page 2 of 2 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN POLICE MANAGEMENT ASSOCIATION 2022-2024) DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 4 ARTICLE 2 -ASSOCIATION MEMBERSHIP AND DUES DEDUCTION 4 ARTICLE 3 -ASSOCIATION ACTIVITIES 4 ARTICLE 4 - HOURS OF WORK V 5 ARTICLE 5 - CLASSIFICATIONS AND SALARIES 5 ARTICLE 6 - HOLIDAYS 6 ARTICLE 7-VACATIONS 7 ARTICLE 8- HEALTH AND WELFARE 7 ARTICLE 9 - PENSIONS 10 ARTICLE 10 - JURY DUTY 10 ARTICLE 11 - SICK, DISABILITY, BEREAVEMENT, & EMERGENCY LEAVE 11 ARTICLE 12 - UNIFORM AND CLOTHING ALLOWANCE 14 ARTICLE 13 - EMPLOYMENT PRACTICES 14 ARTICLE 14 - MANAGEMENT RIGHTS 15 ARTICLE 15 - GRIEVANCE PROCEDURE 16 ARTICLE 16 -WORK STOPPAGES 17 ARTICLE 17 - BULLETIN BOARDS 17 ARTICLE 18 - BILL OF RIGHTS 18 ARTICLE 19 - SAVINGS CLAUSE 21 ARTICLE 20 - ENTIRE AGREEMENT 21 ARTICLE 21 - RETENTION OF BENEFITS 21 ARTICLE 22 - DRUG TESTING 21 Auburn Police Management Association January 1, 2022—December 31, 2024 Page2of26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 ARTICLE 23 — RETENTION INCENTIVE 24 ARTICLE 24— LATERAL HIRES 24 ARTICLE 25 - DURATION 25 Appendix "A"26 Auburn Police Management Association January 1, 2022—December 31, 2024 Page 3 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN POLICE ASSOCIATION COMMANDER'S UNIT 2022-2024 This Agreement is between the City of Auburn (hereinafter called the "City") and the Auburn Police Management Association (hereinafter called the "Association") for the purposes of setting forth the mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Association as the collective bargaining representative. ARTICLE 1 — RECOGNITION AND BARGAINING UNIT 1.1 The City recognizes the Auburn Police Management Association as the exclusive bargaining representative for all active employees (subject to the Association's fiduciary responsibilities, if any, to former members) designated as Commissioned Law Enforcement Officers, rank of Commander, excluding all other employees of the department. ARTICLE 2 —ASSOCIATION MEMBERSHIP AND DUES DEDUCTION 2.1 The City agrees to deduct from the paycheck for each employee, who has so authorized it in writing, the initiation fee and regular monthly dues uniformly required of members of the Association. The amount deducted shall be transmitted monthly to the Association on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto. 2.2 An employee may revoke his or her authorization for payroll deduction of payments to the Association by written notice to the City and Association. Every effort will be made to end the deduction effective on the first payroll, but not later than the second payroll, after the City's receipt of the employee's written notice. 2.3 The Association agrees to defend and indemnify and save the City harmless against any liability which may arise by reason of any action taken by the City to comply with the provisions of this Article, including reimbursement for any legal fees or expenses incurred in connection with such action. The City will promptly notify the Association in writing of any claim, demand, suit, or other form of liability asserted against the City relating to its implementation of this Article. ARTICLE 3 —ASSOCIATION ACTIVITIES 3.1 A Business Representative of the Association, should the Association contract one, shall be allowed access to all facilities of the City wherein the employee covered under this contract may be working for the purposes of investigating grievances, provided such Representative Auburn Police Management Association January 1, 2022—December 31, 2024 Page 4 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 does not interfere with the normal work processes. No Association member or officer shall conduct any Association business apart from activities related to contract administration on City time and no Association meetings will be held on City time or premises unless authorized by the Chief of Police, or designee. Off duty meetings may be scheduled and held on City premises. 3.2 The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Association principles or for performing duties authorized by the Association, so long as these activities do not interfere with normal work processes of the City. 3.3 The Employer will attempt to allow such members of the Association as may be designated by the Association, not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Association negotiating team in labor negotiations with the City of Auburn, including mediation. Interest arbitration hearings shall also be included under this provision, provided that such leave shall not result in additional cost to the City. 3.4 The Association shall have access and use of a copy machine through City Administration at $0.15 per copy. ARTICLE 4 — HOURS OF WORK 4.1 Hours of Duty—The Chief of Police shall establish regular, work schedules for the members of the bargaining unit, such that the working hours for the employees shall be equivalent to forty (40) hours per week on an annualized basis. The normal workday shall be inclusive of the lunch period. Employees shall be generally assigned to 4x10 work schedules. The City retains the discretion to assign work schedules as necessary. Every reasonable effort will be made by the employees to schedule personal appointments on the employee's day off. The City reserves the right to discontinue the 4x10 work schedule program in whole, or in part, at any time. Said discontinuation shall not be subject to the grievance process or any claim of prevailing rights. To this end, the parties agree that the Commanders shall have a reasonable degree of flexibility in regard to their individual work schedules as approved by the Chief of Police, or designee. It is recognized that employees will be required to spend additional time over and above their regular workweek engaged in activities for the City. The parties recognize that Commanders are employed to do an executive job as opposed to working a set schedule. It is understood that this Agreement shall be interpreted and applied in a manner, which ensures, to the fullest extent possible, the exempt status of Commanders. ARTICLE 5 — CLASSIFICATIONS AND SALARIES 5.1 Employees covered by this Agreement shall be compensated in accordance with the pay plan attached to this Agreement and marked Appendix "A". This Appendix shall be Auburn Police Management Association January 1, 2022—December 31, 2024 Page 5 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 considered a part of this Agreement. Paydays for employees covered by this Agreement shall be on the 8th and 23rd of each month. 5.2 Longevity pay shall be applied to the straight-time hourly rates of all employees covered by this Agreement who have completed continuous service in accordance with the following schedule: 5 Years 8 Years 11 years 14 Years 17 years - 20 Years 23 Years 2% 3.5% . 5% 6.5% 8% 9% 10% 5.3 Employees shall be paid a percentage of their straight-time hourly rate as educational incentive based on the following schedule: job- related AA Degree 4%; BA or Master' s Degree 6%. Associates degrees must be job- related. AA Degrees for which the City will pay education incentive as currently listed are: Criminal Justice (Law & Justice, Society & Justice) Sociology, Criminology, Psychology, Business, Political Science, and/ or Public Administration. The City realizes that from time to time, AA Degree names change and, at its sole discretion, will review the curriculum of other like AA Degrees to determine if the content meets the intent of this Agreement. Education incentive pay shall be paid to employees only after the City has received an official transcript from the educational institution 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 Association will be eligible to receive tuition reimbursement of a maximum of three thousand dollars ($3,000.00) per calendar year in accordance with the procedures specified in City Administrative Policy 200-50 —Tuition Reimbursement. ARTICLE 6 - HOLIDAYS 6.1 The following thirteen (13) days are designated as holidays: New Year's Day Labor Day Martin Luther King Jr. Day Veteran's Day President's Day Thanksgiving Day Memorial Day Native American Heritage Day Juneteenth Christmas Day Independence Day Floating Holiday (2) A "holiday" is defined as ten (10) hours. If the holiday falls on a day on which the employee is not scheduled to work, the employee will "bank" ten (10) hours of holiday for use during the next three hundred and sixty-five (365) days, with the supervisor's approval. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 6 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 6.2 Whenever an employee is required to work on a holiday, he/she shall be allowed to reschedule another day off that is mutually agreeable to the employee and the Chief of Police, or designee. When a holiday falls on an employee's regularly scheduled day off, he/she shall receive a day off in lieu of the holiday that is mutually agreeable to the Employer and the employee. Any in-lieu-of days off must be scheduled within one (1) year of their accrual. 6.3 The designated holidays shall be as specified in Section 1 above with the provision that whenever any designated holiday falls upon a Sunday, the following Monday shall be the recognized holiday, and whenever any designated holiday falls upon a Saturday, the preceding Friday shall be the recognized holiday. 6.4 A request to take a Floating Holiday may be made by an employee at any time prior to a shift assignment for which it is to be used. It may be approved by the Chief, or designee. 6.5 Employees terminating service after completion of probation shall receive compensation for vested, unused holiday time. ARTICLE 7 —VACATIONS 7.1 Annual vacations with pay shall be granted to eligible employees on the following basis: for service less than one (1) year vacation leave credit shall accrue at the rate of one (1) working day for each month of continuous service commencing from the date of most recent employment with the City; for continuous service of more than one (1) year, vacation leave credit shall accrue at the following rate: 1 to 5 years of continuous service 120 hours per year 6 to 10 years of continuous service 144 hours per year.. _ 11 to 15 years of continuous service 176 hours per year 16 to 20 years of continuous service 192 hours per year Over 21 years of continuous service 208 hours per year Employees shall take vacation leave on a half (1/2) hour basis. A "working day" shall be equal to eight (8) hours. 7.2 In no event shall an employee accumulate unused vacation leave in excess of two (2) year's annual vacation leave. Payment for up to five (5) days of accrued and unused vacation leave shall be made to an employee where the employee, through no fault of the employee, was not able to take all of his/her accrued annual vacation leave during the year authorized. ARTICLE 8 — HEALTH AND WELFARE 8.1 A healthcare, dental care, orthodontics, and life insurance program shall be granted to eligible employees and their dependents. Except for group_medical insurance for spouse and children as provided in Section 8.2 herein, the cost shall be paid by the City. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 7 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 Said program may consist of: a. Premera $250/$750 Deductible, Premera $1,500/$3,000 High Deductible Plan, Kaiser Permanente, or substantially equivalent plan(s) by mutual agreement. b. The employee's choice of Washington Dental Service Plan F with Orthodontia Plan 1, the Willamette Dental Plan, or substantially equivalent plan(s) by mutual agreement. The City will pay up to what it pays for the Washington Dental Service Plan F for those enrolled in the Willamette Dental Plan. c. Vision Services Eye Care, or substantially equivalent.plan(s) by mutual agreement; and d. Life Insurance with a death benefit for$50,000. The Association agrees to continue to cooperate with the City in the study of cost containment measures. The Association will appoint one member to the City's Health Care Cost Containment Committee. The City may self-insure medical, dental, and/or vision insurance coverage or select a new medical, dental, and/or vision insurance plan has and shall make every effort to maintain substantially equivalent benefits at a reasonable cost. The City and the Association shall meet to explore alternative insurance coverage prior to selecting any new medical, dental, and/or vision insurance plans. The City recognizes its responsibility to bargain with the Association the impact of those decisions and any other mandatory subjects to bargaining. 8.2 Each employee who enrolls his or her spouse or eligible dependent(s) in the Premera 250/$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 eligible dependent(s) shall be a maximum of ninety percent(90%) of what it would pay of the applicable plan. The City shall continue to make available the AWC Kaiser Permanente ($20 co-pay/$200 deductible) medical insurance plan for those employees who elect to enroll themselves and their dependents. The City shall pay the premium up to a maximum amount the City would pay for the employee's spouse and eligible dependent(s) as if the employee selected the Premera plan or equivalent self-insured plan. The employee shall pay the difference between the Kaiser Permanente and other plan for the monthly premium of 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 Auburn Police Management Association January 1, 2022—December 31, 2024 Page 8 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 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 i to those employees that elect to opt out of medical. 8.3 Domestic Partner Coverage: State-registered domestic partners and eligible dependent(s) enrolled in the Premera $250-$750 Plan, $1,500/$3,000 Plan, or AWC Kaiser Permanente 20 co-pay/$200 deductible) will have monthly premiums paid at the same level as the spouse and dependent(s) in paragraph 8.2 above. 8.4 Indemnity and Defense: a. CIVIL CLAIMS: The Employer shall provide legal counsel or reasonable attorney's fees for representation and defense of civil lawsuits and hold employees harmless from any expenses, connected with the defense settlement or monetary judgments from such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the employee was acting in good faith in the performance or purported failure of performance of his/her official duties or employment and provided further that the employee was not engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive proof of criminal misconduct for the purposes of this section. b. INQUESTS: In an Inquest arising out of the use of force, the employee shall meet with the City Attorney to discuss legal representation for the employee during the Inquest. After that meeting, if the employee elects to select his/her own representation, the City will pay for reasonable legal services provided that the employee has acted in good faith in the performance or purported failure of performance of his/her official duties and, provided further that the employee was not engaging in criminal misconduct. The attorney selected by the employee must have a high level of experience in representing law enforcement officers in the use of force. The City shall have a reasonable right to approve the choice.of counsel in light of the requirements described herein; enter into a third party payer agreement with the employee's private counsel; to review billings for such representation; and approve all payments in writing. In the event outside counsel is retained by the employee and the employee is subsequently convicted of a crime or it is determined by a court of competent jurisdiction that the employee was not acting in good faith arising out of the facts giving rise to the Inquest, the City shall be entitled to recover attorney's fees and costs it has expended on the employee's behalf from the employee. 8.5 Disability Insurance — The Employer shall provide for a mandatory payroll deduction for a disability plan selected periodically and administered by the Association, unless the employee has previously opted out of paying union dues. Participation will begin from date of employment with the City. Auburn Police Management Association January 1, 2022—December 31, 2024 Page9of26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADM-29DD92F7AA72 8.6 The City has adopted the VEBA Medical Reimbursement Plan for 'all commissioned employees belonging to the Auburn Police Management Association bargaining unit who do not have a military medical retirement plan and will begin from the date of employment with the City. The City agrees to provide a mandatory payroll deduction for this post Retirement Medical Insurance Trust. All contributions made on behalf of each eligible employee will be based on the individual's annual base salary. It is understood that all defined eligible employees will be required to sign and submit to the City a VEBA Membership Enrollment Form. The Commanders' VEBA shall be funded by: (1) Bimonthly employee contribution of 2% base annual salary, and (2) annual sick leave contribution, and. (3) sick leave contribution upon separation, and (4) the City will make a bimonthly contribution of two percent (2.0%) of base pay period salary. Additionally, the City will contribute two percent (2%) of base pay period salary into deferred compensation, subject to any contribution caps or limitations opposed by applicable law, if the employee chooses to match the contribution. Annual Sick Leave Contribution: Eligibility for participating on an annual basis is limited to employees who have accumulated unused sick leave in excess of nine hundred and sixty 960) hours. All accumulated annual sick leave in excess of nine hundred and sixty (960) hours shall be paid at twenty-five percent (25%) of the employee's then hourly base wage into the trust. Separation of Employment Contribution: Contributions to the Plan by all employees covered by this Agreement, who leave employment with the City of Auburn by retirement, death, disability, termination, or any other reason shall transfer all unused, accumulated sick leave into the VEBA trust. ARTICLE 9 — PENSIONS 9.1 Pensions for employees and contributions to pension funds shall be provided in accordance with the laws of the State of Washington for eligible employees. ARTICLE 10 —JURY DUTY 10.1 Time off with pay will be granted for jury duty. Employees shall be required to report for work for any portion of their regularly scheduled shift during which they are not actually serving on a jury or waiting to be impaneled, if a reasonable amount of time remains on that shift in light of the court's location. The employee is required to contact his/her supervisor, who will make the determination. In order to be eligible for such payments, the employee must submit a written statement subpoena, etc.) from the appropriate public official (Court Clerk, etc.) showing the date and time served and the amount of jury pay recovered. The employee must give the Chief of Police, or designee, prompt notice of call for jury duty. Employees are not required to return to the City per diem received for jury duty from the Court. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 10 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 ARTICLE 11 —SICK, DISABILITY, BEREAVEMENT, AND EMERGENCY LEAVE 11.1 Sick leave credit shall accumulate for eligible employees at the rate of eight (8) hours per month. Sick leave is accumulative to a maximum of nine hundred and sixty (960) hours, except as provided in Section 11.7 below. Sick leave credit may be used for time off with pay for bona fide cases of incapacitating sickness or injury and for the period of disability resulting from pregnancy or childbirth, or in accordance with the federal Family and Medical Leave Act or Washington Family Care Act. Any employee found to have abused sick leave by falsification or misrepresentation shall be subject to disciplinary action. Employees shall take sick leave on an hourly basis. 11.2 A verifying statement from the employee's physician may be required by the Chief of Police, at his/her option, whenever an employee claims sick leave for more than three (3) consecutive days. In requiring a physician's statement, the Chief, or designee, shall do so for the purpose of ensuring that employees are utilizing sick leave benefits for the purposes intended by this Agreement. a. Employees are required to use accrued paid time off during any state or federal Family and Medical Leave (FML) absence before using leave without pay. b. FML usage computations will be based upon a rolling twelve (12) month year beginning on the date an employee takes his/her first FML leave. 11.3 Employees incapacitated by illness or injury shall notify the Chief of Police, or designee, as far in advance of their scheduled starting time as possible that he/she is to report for duty. During periods of extended illness, employees shall keep the Chief of Police, or designee, informed as to their progress and potential date of return to work. 11.4 An employee shall be allowed up to three (3) days bereavement plus three (3) days chargeable sick leave for death in the immediate family requiring his/her presence upon approval of the Chief of Police. Immediate family shall include the father, father-in-law, mother, mother-in-law, spouse, brother, brother-in-law, sister, sister- in-law, children, stepchildren, grandparents, grandparent-in-law, grandchildren, and stepparents. A domestic partner, as defined by state law, shall receive the same rights as a legally married spouse for the purposes of this section of the Agreement. 11.5 An employee may use up to twelve (12) workweeks of leave each year in accordance with the provisions of the federal Family Medical Leave Act (FMLA), and Washington State Family Care Act. The City uses the "rolling" twelve (12) month calendar method. An employee who has worked for the City at least twelve (12) months, including at least one thousand, two hundred and fifty (1,250) hours in the last twelve (12) months, may be entitled to twelve (12) workweeks of paid/unpaid leave in any Auburn Police Management Association January 1, 2022—December 31, 2024 Page 11 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 twelve-month period (1) to care for a newborn, newly adopted child, or newly placed foster child; (2) to care for a child, parent, orspouse who has a serious or terminal health condition; or (3) to attend to a personal serious health condition. An employee must give the Chief of Police, or designee, at least thirty (30) days written notice by completing a Leave Request Form, in advance of the anticipated date the leave is to begin (14 days notice for a leave due to a child's terminal illness). If the employee is unable to give the required notice, notice must be given in writing, as soon as possible. While on FML, the employee must use all accrued, but unused leave including sick leave, vacation, compensatory time, and any other paid leave accrued prior to using unpaid leave. Use of the above paid leave applies toward the twelve (12) workweek entitlement, and is not in addition to the entitlement. Upon return from the leave, the employee is entitled to return to the same, or comparable position with the same level of compensation (in accordance with the federal FMLA), when the leave began unless the position would have been eliminated had the employee not been on leave. Care for a newborn or newly adopted child or newly placed foster child. FMLA leave must be taken within twelve (12) months of the birth, adoption, or placement of a child. If both parents are employed by the City, together they are entitled to a total of twelve (12) workweeks of paid/unpaid leave under this paragraph. In the case of maternity/paternity, any leave taken prior to the birth of the child for prenatal care or inability to work prior to the actual birth will be_assessed towards the twelve workweek period. In addition to the twelve (12) weeks. of FMLA, the employee is also entitled to leave for the entire period that she is temporarily disabled due to pregnancy or child birth pursuant to Washington State law. Time loss due to disability prior to, or following, giving birth will be assessed towards the twelve (12)workweek period. Intermittent or reduced leave for birth or placement for adoption or foster care-of a child may only be taken with Chief of Police approval. Certification by a healthcare provider may be required. Care of a child, parent, or spouse who has a serious or terminal health condition, or to attend to a personal serious health condition. Certification and/or second or third opinions by a healthcare provider may be required for leave approval. Recertification may be required every thirty (30) days. A fitness for duty certificate signed by the consulting physician may be required upon return from leave. Leave may be requested and granted on an intermittent basis or on a reduced workweek schedule if medically necessary. The employee must provide medical Auburn Police Management Association January 1, 2022—December 31, 2024 Page 12 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 certification within fifteen (15) days of the date requested. The employee must attempt to schedule his/her intermittent or reduced leave so as not to disrupt the City's operation. 11.6 Upon retirement, death, or termination of good standing (not termination for cause), the employee shall be reimbursed at current rate of pay for unused, accrued sick leave up to a maximum of nine hundred and sixty (960) hours in accordance with the following schedule based on continuous years of service: Upon Completion of Percent of Accrued Years of Service Unused Sick Leave 25 years and over 100% Employees hired into the Commissioned Officers- Guild or the Auburn Police Management Association after November 30, 1993, shall not be subject to the above sick leave cash out provisions but shall be reimbursed for thirty-five percent 35%) of accumulated and unused sick leave upon separation from employment in good standing, retirement, death, or disability retirement. Employees hired into the Commissioned Officers Guild or the Auburn Police Management Association after November 30, 1993, with a minimum of four hundred and eighty (480) hours of accumulated and unused_sick leave and a minimum of twenty-five (25) years of service shall be reimbursed for forty-five percent (45%) of accumulated and unused sick leave upon separation from employment in good standing, retirement, death, or disability retirement. 11.7 When an employee has accumulated 960 hours of sick leave, the sick leave shall continue to accumulate at the normal rate of eight (8) hours per month until the end of the calendar year at which time all sick leave in excess of nine hundred and sixty 960) hours accumulated by the employee shall be paid at twenty-five percent 25%) of the employee's then hourly rate into the VEBA (See paragraph 8.6). 11.8 When an employee covered by the LEOFF II Retirement System is temporarily, totally disabled and unable to work as the proximate result of an on-the-job injury as covered by Washington State Workers' Compensation and Industrial Insurance laws, the City shall compensate the employee for the difference between his/her Workers' Compensation entitlement and his regular salary for a period not to exceed one thousand and forty (1,040) hours or the termination of the disability, whichever comes first (kept on salary as defined by RCW 51.32.090). To accomplish this, the City shall pay the employee his/her regular salary for said period. 11.9 The City shall pay a $4000 death benefit to the estate of a police officer killed in the line of duty. Such payment shall be for funeral and related expenses. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 13 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 ARTICLE 12— UNIFORMS AND CLOTHING ALLOWANCE 12.1 Technological advances and equipment changes will require special attention. Uniform and equipment standards need to be kept up-to-date. All requests for uniform/equipment replacement shall be submitted to the employee's immediate supervisor. Requests for uniform/equipment replacement will be completed as soon as reasonably possible. The Chief, or designee, will designate the uniform/equipment supplier(s). Uniforms and equipment will only be purchased/obtained from the designated supplier(s), including voucher items. Specialty units may utilize specialty outlets/sources for some equipment needs. 12.2 Commanders will be on a Quartermaster System and will be issued their full compliment of uniforms/equipment according to the list of agreed upon items attached as Appendix B. All uniforms/equipment are owned by the City. 12.3 Commanders will be entitled to have up to four (4) uniform items cleaned per week. 12.4 Commanders will be given a clothing allowance of$600.00 per year and are entitled to have up to four (4) items dry cleaned or may have three (3) items dry cleaned and five (5) shirts laundered per week for maintenance of business attire. Effective January 1, 2008, the clothing allowance was integrated into the base pay wage scale. ARTICLE 13 — EMPLOYMENT PRACTICES 13.1 Layoff. Personnel reductions through layoff procedures and reinstatement from such layoffs shall be in accordance with the Civil Service Rules and Regulations of the City of Auburn. 13.2 Seniority. Whenever employees are appointed to.a classification effective the same date, seniority shall be established by the highest score on the total examination in accordance with Rule 10 of the Civil Service Rules. 13.3 Tobacco Use. Tobacco use, including the use of any vapor devices, shall not be allowed in City vehicles or buildings. However, smoking is allowed in designated smoking areas. It is the intent of the parties to continue to comply with the City's tobacco use policy. 13.4 Probationary Periods. Probationary periods upon initial appointment shall not exceed one 1) year and may not be extended without the written agreement of the Association. Probationary periods upon promotion shall not exceed one year and shall not be extended without the written agreement of the Association. A Sergeant- placed in to a provisional/temporary Commander position may use the provisional/temporary time served to apply to, and reduce, the Commander annual probation for up to six months. A newly hired Commander may use the provisional/temporary time as a substitute to the probation period only when the Commander is promoted immediately following a provisional/temporary appointment, and there has not been a break in service as a Commander. A probationary period shall be extended for the number of workdays equal to the number of workdays an employee was absent in excess of 10 workdays during the Auburn Police Management Association January 1, 2022—December 31, 2024 Page 14 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 probationary period. During an employee's initial probationary period he/she may be discharged by the Employer at will and such discharge shall not be subject to the grievance procedure. During a promotional probationary period an employee may be reverted to his/her former classification and such reversion shall not be subject to the grievance procedure. ARTICLE 14 —MANAGEMENT RIGHTS 14.1 Subject to the Association's right to negotiate mandatory subjects of bargaining, the Association recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. 14.2 The City has the right to schedule work, as required, in a manner most advantageous to the department and consistent with the requirements of municipal employment and the public safety. 14.3 The City reserves the right to discharge or discipline an employee for just cause. The City reserves the right to layoff personnel for lack of funds, or for the occurrence of conditions beyond the control of the department. The City reserves the right to determine reasonable schedules of work in accordance with Section 4.1 and to establish the methods or processes by which such work is performed. 14.4 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: a. The ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon ordinances adopted by the City Council, recommending an annual budget or directing the proper performance of all executive departments; b. The responsibility of the City Council for the enactment of ordinances and the appropriation of moneys; c. The legal responsibility of the Civil Service Commission, as provided by State Statute, subject to any applicable bargaining duty of the City and the terms of this Agreement. d. The responsibility of the Chief of Police and his/her delegates governed by ordinances, Civil Service Rules, and/or Department Rules and as limited by the provisions of the Agreement; and provided that such actions do not affect mandatory subjects of bargaining: 1. To recruit, assign, transfer, or promote members to positions within the department. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 15 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 2. To take disciplinary action against members for just cause; 3. To determine methods, means, and personnel necessary for departmental operations; 4. To control department budget; and 5. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. ARTICLE 15 — GRIEVANCE PROCEDURE 15.1 For purposes of this Agreement, the term "grievance" means any dispute between the Employer and the Association concerning an alleged breach or violation of this Agreement. Step 1: Any alleged grievance shall be taken up with the employee's immediate supervisor within ten (10) 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 Association and/or employee shall determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein within five (5) business days of the meeting with the employee's immediate supervisor. Should the employee choose to file an appeal with the Civil Service Commission, the employee shall provide the Chief of Police, Human Resources Director, and the Association with written notice of such election. Step 2: The grievance shall be reduced to written form by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail and remedy sought. The employee and/or the Association shall present the written grievance to the Human Resources Director and the Chief of Police who will conduct a meeting within five 5) 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, Association representative, and the Director of Human Resources. Grievances involving suspension, demotion, or discharge shall begin at Step 2. Step 3: Any grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to the Director of Human Resources, to be adjudicated by the Mayor, in writing within ten (10) business 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. 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) business days. In that event, for non-disciplinary grievances, Auburn Police Management Association January 1, 2022—December 31, 2024 Page 16 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADM-29DD92F7AA72 the parties shall promptly and mutually submit the subject grievance to the Washington Public Employee Relations Commissions (PERC) and PERC will conduct the arbitration. The arbitration request filed with PERC shall state the issue. The arbitrator shall confine himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her. The .arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the specific terms of the Agreement and shall not add to, detract from, or alter in any way, the provisions of this Agreement. The decision shall be final and binding upon both parties. Each party shall initially bear their own expenses and fees. Provided, however, the arbitrator may award reasonable attorneys' fees and expenses to the prevailing party if specifically provided by applicable law. For disciplinary grievances, the arbitrator shall be assigned by PERC under the arbitrator assignment process for law enforcement personnel disciplinary grievances established by SSB5055 (2021). 15.2 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. Pending final decision of any grievance by any of the above procedures, work shall continue without interruption. 15.3 A grievance that involves or affects a significant portion of the employees in the bargaining unit may be introduced by the Association in written form to the Chief of Police as set forth in Step 2 of the grievance procedure and processed as set forth there from. ARTICLE 16 —WORK STOPPAGES 16.1 The City and the Association agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Association shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform customarily assigned duties, sick leave absence which is not bona fide, or other interference with City functions by employees under this Agreement and should same occur, the Association agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. ARTICLE 17 — BULLETIN BOARDS 17.1 Electronic Mail. The Police Management Association may use the City's electronic mail Email) for communications pertaining to Association business, i.e. meeting times, places and agendas, voting, election results, and various topics of Association business on issues effecting the administration of the collective bargaining agreement with the City of Auburn. All communications on Email by Association members will be reviewed and approved by a member of the Association Executive Board to determine the appropriateness of the communication in accordance with this section prior to being sent. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 17 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 Email communications will not contain profanity, abusive language, or derogatory language of a discriminatory nature against individuals of a protected class and must comply with applicable City policies. ARTICLE 18 — BILL OF RIGHTS 18.1 The Employer retains the right to adopt rules for the operation of the Auburn Police Department and the conduct of its employees provided that such rules do not conflict with City ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement; and provided further that such rules do not affect mandatory subjects of bargaining. It is agreed that the Employer has the right to discipline, suspend, or discharge any employees subject to the provisions of the City ordinances, City and State Civil Service Rules and Regulations as they exist, and terms of this Agreement. a. In an effort to ensure that disciplinary interviews are conducted in a manner which is conducive to good order and discipline, the Auburn Police Management Association shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". The "disciplinary interview" may be conducted by an outside consultant at the Police Chief's discretion. The Chief may delegate to the outside consultant the authority to question the employee during the interview process. b. Every employee who becomes the subject of a disciplinary interview shall be advised at least forty-eight (48) hours prior to the interview that he/she is suspected of: 1. Committing a criminal offense; 2. Misconduct that would be grounds for termination, suspension, or other disciplinary actions; or, 3. That he/she may not be qualified for continued employment with the department. 4. That he/she has the right to Union representation and legal counsel during the interview. c. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. This representation by counsel is confined to counseling, and not actual participation in the investigation. Nothing in this agreement, however, shall be deemed a waiver of an employee's right to Union representation. A criminal investigation as used herein shall be interpreted as any action, which could result in the filing of a criminal charge. A major investigation as used elsewhere in this Article shall be interpreted as any action, which could result in dismissal from the Department or the filing of a criminal charge. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 18 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 d. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. e. The employee shall be informed in writing as to whether her/she is a witness or suspect at least forty-eight (48) hours before any interview commences. If the employee is a suspect, he/she shall be appraised in writing of the allegations of such complaints at least forty-eight (48) hours before any interview commences. f.The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever possible, interviews shall be scheduled during the normal workday of the City. g. The employee or Employer may request that a disciplinary interview be recorded, either mechanically or by a stenographer. There- can be no "off the record" questions. Upon request, the employee in a disciplinary interview shall be provided an exact copy of any written statement he/she has signed, or of a verbatim transcript of any interview. h. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all disciplinary interviews, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing, before being interviewed. Such opportunity to contact and consult privately with a private attorney shall not unduly delay the disciplinary interview. The employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained in "2" herein. j.The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. k. No employee shall be required to unwillingly submit to a polygraph test. The employee shall not be terminated or have any other penalty imposed upon him/her for not taking a polygraph test. I.Should any section, subsection, paragraph, sentence, clause, or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 19 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 m. The investigation shall be completed in a reasonable amount of time in light of the circumstances and discipline shall be imposed within a reasonable amount of time after the conclusion of the investigation. n. Upon completion of the investigation and upon request from the Association, the employee under investigation shall be promptly informed of the results of the investigation. If the preliminary findings of the investigation are that the complaint should be sustained, or other misconduct found, the employee and his/her Association representative shall be furnished a complete copy of the investigation report, and entire investigation file, prior to the City making a final decision and sufficiently in advance of any Loudermill Hearing. 18.2 Use of Lethal Force When an employee, whether on duty or off-duty, uses lethal force, the employee shall not be required to make a written or recorded statement for a minimum of seventy-two (72) hours after the incident, except that immediately following the incident the employee may verbally report to a superior a brief summary of the incident to the extent necessary to secure evidence, apprehend suspects, and preserve the safety of the public and fellow officers. Employees involved in the use of lethal force shall be allowed an opportunity to consult with an Association representative and/or attorney prior to being required to provide a statement regarding the use of lethal force. 18.3 Personnel Records a. Employee personnel files shall be maintained as confidential records to the extent required by applicable law. b. The City shall only disclose information in the employee's personnel files in accordance with applicable law. Prior to disclosing personnel file documents to third parties (other than employment verification information), the City shall give the affected employee notification of the request for disclosure. If the City believes the document(s) is properly subject to disclosure, it will notify the employee. The employee shall then have five (5) working days to provide the City any reason for not releasing the requested document(s) and/or to give the employee an opportunity to take action to prevent the release of said document(s) prior to the City releasing the requested document(s). c. Nothing herein shall be construed as limiting any rights the Association has under this Agreement or applicable law to obtain personnel records. ARTICLE 19—SAVING CLAUSE 19.1 If any article, or any portion of any article of this Agreement, or any addendum's thereto should be held invalid by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the Auburn Police Management Association January 1, 2022—December 31, 2024 Page 20 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 Agreement and addendum's shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 20 — ENTIRE AGREEMENT 20.1 The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. ARTICLE 21 — RETENTION OF BENEFITS 21.1 This Agreement shall not operate to reduce any benefits specified in this Agreement which are now more favorably enjoyed by any of the employees covered herein. ARTICLE 22 — DRUG TESTING 22.1 Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this article, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances the Employer may request the employee provide written medical authorization to perform various essential job functions from a physician while using such drugs. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing including, breath tests, urinalysis, and/or a blood screen to identify any involvement with alcohol or illegal drugs. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 21 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article. For the purpose of administering this Article, the following definition of terms is provided: Reasonable Suspicion — Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee: Under the Influence — The following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: 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/dI Illegal Drugs—Are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and/or cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter-Drugs — Are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. Prescription Drugs — Are defined as those drugs, which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. 22.2 If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given an opportunity to confer with an Association representative if one is readily available and the employee has requested said conference. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 22 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee to the test administrator. The Employer and an Association representative may be present during this discussion. c. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Association representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and/or bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the Employer, employee, and the Association representative and proper chain-of-custody procedures shall be followed. f.The collection and testing of the samples shall be performed only by a laboratory and by a physician or healthcare professional qualified and authorized to administer and determine the meaningof any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to between the Association and the Employer. The laboratory used shall also be one whose procedures are periodically tested in a program where they analyze unknown samples sent by an independent party. The results of such tests shall be made available to the Employer and the Association. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine the initial test level is 25 g/ml. Confirmatory Test Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates - Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Auburn Police Management Association January 1, 2022—December 31, 2024 Page 23 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 Methamphetamine 500 ng/ml h. At the employee's or the Association's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Association for testing. The cost of this test will be paid by the Association or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. The employee and the Association shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. 22.3 The parties shall designate a Medical Review Officer (MRO) to review all confirmed positive test results and communicate those results to the Employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five (5) years and records of all negative tests for at least one (1) year. 22.3 If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. ARTICLE 23 — RETENTION INCENTIVE 23.1 City shall pay a one-time payment as a retention incentive of six thousand dollars ($6000) to all members of the Association at the time of ratification of this CBA. Commanders 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: Commander receives $6,000. This equals $166.67 per month to be repaid for each month in the thirty-six (36) months. If the Commander works only 13 months, the Commander shall pay back the City $3,833.29. Commanders 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. ARTICLE 24 — LATERAL HIRES 24.1 A current commander who recruits a successful lateral police officer shall be paid four thousand dollars ($4,000) for each lateral police officer hired: The determination as to who shall receive the recruitment fee shall be non-grievable. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 24 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 ARTICLE 25 - DURATION 23.1 This agreement shall become effective on January 1, 2022, until December 31, 2024. Signed this 22nd day of April 2022, at Auburn, Washington. CITY OF AUBURN AUBURN POLICE MANAGEMENT ASSOCIATION DocuSign d by: DocuSigned by: By: Rr 1 ,s COtiStieA i I s AECESDg5373S4C0... By• a asp. Mayor Auburn`'ofice Management Association DocuSlgnod by: By: s NtaVfi1n4etn, Director of Human Resources DoeuSignad by: By: City FI'erk Approved As To Form: c . acuSlgnod by: By: " ty. City Attorney Auburn Police Management Association January 1, 2022—December 31, 2024 Page 25 of 26 DocuSign Envelope ID:7F5E54D2-7D8C-412C-ADAA-29DD92F7AA72 Appendix "A" CLASSIFICATION 2022 BASE WAGE Commander 6,369.47 per pay period effective January 1, 2022. Effective January 1, 2022, a 1.1% wage increase applied to the 2021 Commander's pay period salary schedules.) PLUS LONGEVITY (Added to base wage) BASE POLICE CDR WAGE 2.0% 3.5% 5% 6.5% 8% 9% 10% PAY GRADE 47 5 YEARS 8 YEARS 11 YEARS 14 YEARS 17 YEARS 20 YEARS 23 YEARS COMMANDER 1/1/2022 73.49 1.47 $2.57 3.67 4.78 5.88 6.61 7.35 6,369.47 $127.39 $222.93 318.47 $414.02 $509.56 573.25 $636.95 12,738.94 $254.78 $445.86 636.94 $828.04 $1,019.12 $1,146.50 $1,273.90 152,867.28 $3,057.36 $5,350.32 $7,643.28 $9,936.48 $12,229.44 $13,758.00 $15,286.80 2023 PAY PLAN 3% wage increase effective January 1, 2023. 2024 PAY PLAN 3% wage increase effective January 1, 2024. Auburn Police Management Association January 1, 2022—December 31, 2024 Page 26 of 26