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HomeMy WebLinkAbout1993 - 1995 Lieutenants UnitORIGIPJAL g3 y CITY OF AUBURN AND AUBURN POLICE GUILD LIEUTENANTS UNIT 1993 - 1995 AGREEMENT TABLE OF CONTENTS ARTICLE I Recognition And Bargaining Unit...........................................1 ARTICLE II Guild Membership And Dues Deduction................................1 ARTICLE III Guild Activities.......................................................................1 ARTICLE IV Nondiscrimination.....:...........................................................2 ARTICLE V Duty Assignment...................................................................2 ARTICLE VI Classifications And Salaries...................................................3 ARTICLE VII Holidays................................................................................4 ARTICLE VIII Vacations..............................................................................4 ARTICLE IX Health And Welfare................................................................5 ARTICLEX Pensions...............................................................................6 ARTICLEXI Jury Duty...............................................................................6 ARTICLE XII Sick Leave -Funeral And Emergency Leave ...........................6 ARTICLE XIII Uniform Allowance................................................................8 ARTICLE XIV Employment Practices ..... :..................................................... 9 ARTICLE XV Management Rights..............................................................9 ARTICLE XVI Grievance Procedure...........................................................10 ARTICLE XVII Work Stoppages.................................................................12 ARTICLE XVIII Bulletin Boards....................................................................12 ARTICLE XIX Savings Clause....................................................................12 ARTICLE XX Entire Agreement................................................................12 ARTICLE XXI Longevity.............................................................................13 ARTICLE XXII Drug Testing........................................................................13 ARTICLE XXIII Term of Agreement.:...........................................................16 Article I RECOGNITION AND BARGAINING UNIT The City recognizes the Guild as the exclusive bargaining representative for- the Police Lieutenants as certified by the Public Employees Relations Commission Case No. 10814- E. 0-93-1788, December 8, 1993. Article II GUILD MEMBERSHIP AND DUES DEDUCTION Section 1. The Guild accepts its responsibility to fairly represent all employees in the bargaining unit. Each full-time employee within the bargaining unit shall make application to become a member of the Guild within thirty-one (31) days after the first six (6) months of employment or within thirty-one days of the execution date of this Agreement (whichever is later) and all such employees shall maintain membership in the Guild in good standing for the life of the Agreement by payment of regular initiation fees and dues to the Guild. Section 2. Failure by an employee to abide by the above provisions shall constitute cause for discharge of such employee provided that when an employee fails to fulfill the above obligation, the Guild shall provide the employee and the City thirty (30) days notification in writing of the Guild's request to initiate discharge action and .during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge shall be withdrawn. Section 3. The City agrees to deduct from the paycheck for each employee who has so authorized it, the initiation fee and regular monthly dues uniformly required of members of the Guild. The amount deducted shall be transmitted monthly to the Guild on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. Article III GUILD ACTIVITIES Section 1. The Business Representative for the Guild 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 does not interfere with the normal work processes. No Guild member or officer shall conduct any Guild business on City time and no Guild meetings will be held on City time or premises unless authorized by the Chief of Police. 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 2 Section 2. The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Guild principles or for performing duties authorized by the Guild, so long as these activities do not interfere with normal work process of the City. Section 3. The employer will attempt to allow such members of the Guild as may be designated by the Guild leave from duty without loss of pay for the purposes of direct participation as members of the Guild negotiating team in labor negotiations with the City of Auburn, including mediation. Arbitration shall be excluded from this provision. Article IV NONDISCRIMINATION The City and the Guild agree to promote and afford equal employment opportunity to all persons regardless of race, creed, color, ethnicity, national origin, sex, age, marital status or the presence of non -job -related physical, sensory or mental handicap. Article V DUTY ASSIGNMENT Section 1. The Chief of Police or his/her designee shall approve the regular work week schedule for the members of the bargaining unit. Members of the bargaining unit shall be consulted in the development of such work week schedules which shall establish the hours to be followed by the employees in meeting the responsibilities of the positions to which they have been assigned. Section 2. In the event an employee is directed by the Chief of Police or his/her designee to work: a. In excess of four (4) hours beyond the hours of any regular scheduled work day, or b. In excess of four (4) hours on any regularly scheduled day for not working. For all hours worked over eight (8) hours under "a" above or for all hours worked under "b" above, the employee, at the time said hours are worked may elect: 1. To receive compensation at one and one-half (1 1 /2) his/her regularly hourly salary rate, or 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 3 2. To take compensatory time off at one and one-half (1 1 /2) the time worked for his regularly scheduled hours of work, provided the compensatory time is taken within sixty (60) days from the time it was ended. Section 3. "Lieutenants will serve as Command Duty Officer a maximum of 12 weeks per year. Compensation for CDO assignment has been added to the base wage for Lieutenants. In the event a Lieutenant is "called out" while serving as CDO, informal compensatory time will be awarded by the Chief of Police." Article VI CLASSIFICATIONS AND SALARIES . Section 1. Employees covered by this Agreement shall be compensated as follow: June 1, 1994 - December 31, 1994 6-1-94 - Base wage increase of 10.7% (Includes 9% above Sergeant's base rate, education incentive of 6%, CDO pay conversion to base, absence of wellness days and adjustments in sick leave cashout at separation of employment.) Base wage of $4552.08. January 1, 1995 - December 31, 1995 Base wage increase of 90% of CPI-W (Seattle) mid year index 1993- 94 (minimum 3%) plus 5% (Continues to include Sergeant's differential, education incentive of 6%, CDO pay conversion to base, absence of wellness days and adjustments in sick leave cashout at separation of employment.) Base wage of $4916.25. Section 2. Paydays for employees covered by this Agreement shall be on or before the 8th or 23rd of each month. Section 3. Minimum educational requirements to test for Police Lieutenant is -a Bachelor's degree in a job related field. Job related degrees shall include Police Science, Law Enforcement, Sociology, Criminology, Psychology and other police related degrees as determined by the Employer. This requirement is effective as of 1-1-95, all current Lieutenants and the Civil Service list established January 13, 1994 are not bound by this requirement. All candidates on any future list are required to hold a Bachelor's degree as listed above. 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 4 Article VI HOLIDAYS Section 1. The following eleven (11) days are designated as holidays: New Years Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Floating Holidays (2) Whenever any legal holiday as mentioned above falls upon a Sunday, the following Monday shall be the legal holiday. Whenever a legal holiday as mentioned above falls upon a Saturday, the preceding Friday shall be a legal holiday. Section 2. In the event an employee is directed by the Chief of Police or his/her designee to work on a holiday, the employee shall be given a day off from his regular work schedule within thirty (30) days after the holiday. Section 3. A request to take a Floating Holiday may be made by an employee at any time prior to the time for which it is to be used. It may be approved by a Supervisory Captain or the Chief of Police. Article Vlll 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: 1 to 5 years of continuous service -14 working days per year 6 to 10 years of continuous service - 17 working days per year 11 to 15 years of continuous service - 20 working days per year 16 to 20 years of continuous service - 22 working days per year Over 21 years of continuous service - 24 working days per year An employee who terminates employment during the first six (6) months of employment shall not be entitled to annual vacation leave or payment. Section 2. Normally, vacation leave must be taken within the year next succeeding the year in which vacation leave credits are earned. However, employees covered by this 1993 -:1995 Auburn Police Guild Lieutenants Contract Page 5 contract may accumulate up two (2) years' vacation based on their anniversary dates. Additional accrued vacation time must be used the same month it is accrued or it will be lost. Section 3. Vacation leave shall be scheduled with the concurrence of a Supervisory Captain or the Chief of Police. 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 in the same manner that salary due the decedent is paid for any vacation leave earned in the preceding year in the current year and not taken prior to the death of such employee. Article IX HEALTH AND WELFARE A Health and Welfare program shall be granted to eligible employees and their dependents. Said program shall consist of: 1. Association of Washington Cities/Washington Physicians Service/King County Medical Blue Shield Plan (i.e., AWC Plan A); 2. Washington Dental Service, Plan A; 3. Western Vision Eye Care; 4. States West Life Insurance for $5,000; and 5. Association of Washington Cities Orthodontics. The premium cost of such program shall be paid as follows: Section 1. The City shall continue to pay the insurance premiums for Dental Care, Vision Service Plan and States West Life Insurance plans during the life of the contract. Section 2. AWC Medical Plan A For the duration of this Agreement, each employee who enrolls his spouse or eligible children in AWC Plan A shall pay ten (10) percent of the premium cost each month. The City shall continue to make available to the AWC Group Health medical insurance plan for those individual LEOFF 11 employees who elect to enroll themselves and their 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 6 dependents. The City's contribution toward medical insurance for spouse and children shall be 90% of the applicable AWC Plan A Premium. Section 3. The City may change health insurance carriers in the event State law makes it necessary to change carriers. The Guild retains the right, upon timely request, to require the City to bargain the effects of the change in carriers (including reductions in benefit levels) to the extent those effects are mandatory subjects of bargaining. Section 4. The City shall pay a $3,000 death benefit to the estate of a Lieutenant killed in the line of duty. Article X 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 XI JURY DUTY Time off with pay will be granted for jury duty. Pay for jury duty shall be returned to the Employer. Employees shall be required to report for work for any portion of their regularly scheduled shift during which they are not actually serving on a jury or waiting to be impaneled if a reasonable amount of time remains on that shift in light of the court's location. In order to be eligible for such payments, the employee must furnish a written statement from the appropriate public official showing the date and time served and the amount of jury pay recovered. The employee must give the Chief of Police prompt notice of call for jury duty. Article XII SICK LEAVE - FUNERAL AND EMERGENCY LEAVE Section 1. Sick leave credit shall accumulate for. eligible employees at the rate of one (1) day per month. Sick leave is cumulative to a maximum of one hundred twenty (120) days (i.e., 960 hours). 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. Any employee found to have abused sick leave by falsification 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 7 or misrepresentation of the same shall be subject to disciplinary action at the discretion of the Chief of Police. Section 2. A verifying statement from the employee's physician may be requested by the Chief of Police, at his option, whenever an employee claims sick leave for three (3) days or longer. Section 3. Employees incapacitated by illness or injury shall notify the Chief of Police as close to scheduled starting time as possible that he/she is to report for duty. During periods of extended illness, employees shall keep the Chief of Police informed as to their progress and potential date of return to work. Section 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 (including father and mother-in-law) requiring his/her presence upon approval of the Chief of Police. Section 5. An employee shall be allowed up to three (3) days of sick leave in a calendar year for illness in the immediate family requiring his/her presence upon approval of the Chief of Police. Immediate family shall include only the father, mother, spouse of children of employee. Section 6. Employees may use their accrued sick leave for care of a minor dependent child where the employee's presence is required. Use of sick leave in these circumstances shall be subject to the same provisions as detailed in this Article as allowed by State law. Section 7. Upon certification of disability retirement by the LEOFF Board, retirement, death or termination in 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 one hundred twenty (120) days (i.e., 960 hours) in accordance with the following schedule based on continuous years of service: Upon Completion of Years of Service 0 - 4 years 5 - 14 years 15 - 24 years 25 years and over Percent of Accrued Unused Sick Leave 0% (except in the event of death occurring in the line of duty, 25% of such employee's accrued unused sick leave shall be paid to the employee's beneficiary). 25% 50% 100% 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 8 Employees hired as Commissioned Officers by the City into the Police Department after 11-30-93 shall not be subject to the above sick leave cashout provisions but shall be reimbursed for 35% of accumulated and unused sick leave upon retirement, death or disability retirement only. Section 8. When an employee has accumulated nine hundred sixty (960) hours (i.e., 120 days) of sick leave, sick leave shall continue to accumulate at the normal rate of eight (8) hours, i.e., one (1) day per month until the end of the calendar year at which time all sick time accumulated by the employee in excess of nine hundred sixty (960) hours shall be paid at twenty-five (25) percent of the employee's then hourly base rate. Subject to scheduling approved by the Chief of Police, employees may elect to take time off in lieu of the twenty-five (25) percent payment. Employees shall notify the Chief of Police of their intent to receive payment or to take time off by the end of the first pay period of January each year. Article XIII UNIFORM ALLOWANCE Section 1. The City shall provide an annual clothing allowance of $525.00 in 1994 and $550.00 in 1995. The purpose of this allowance is to buy and/or repair any equipment or clothing, including dry cleaning of uniforms or suits, which is not furnished by the City. Procedures for handling receipts documenting monies expended by the employee for this purpose shall be established by the Chief pursuant to Section 2 below. Section 2. At the option of the employee, the allowance will be paid to the employee under either of the following circumstances: a. Upon submission of a voucher to the Chief of Police for approval, signed by the employee, the total allowance shall be paid by check issued to the employee and followed by receipts throughout the calendar year to document that funds are being utilized for the above purposes upon which the voucher issue is based. Any funds not expended in a calendar year shall be deducted from the subsequent year's uniform allowance. OR b. The allowance will be paid when the employee presents a receipt for authorized items to the Chief of Police. All monies not expended pursuant to this options shall be forfeited as of the end of each year. 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 9 Article XIV EMPLOYMENT PRACTICES Section 1. Personnel reductions through such layoff shall be in accordance and Regulations of the City of Auburn. layoff procedures and reinstatements from consistent with Civil Service Rules and Section 2. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the highest grade on the total examination in accordance with Rule 10, Auburn Civil Service Rules. Article XV MANAGEMENT RIGHTS Section 1. The Guild recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. Section 2. The City has the right to schedule overtime work as required in a manner most advantageous to the Department and consistent with the requirements of municipal employment and public safety. Section 3. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Section 4. The City reserves the right to discharge or discipline an employee for. just cause. The City reserves the right to lay off personnel for lack of funds, or for the occurrence of conditions beyond the control of the Department. The City shall have the right to determine reasonable schedules of work and to establish the methods or processes by which such work is performed in accordance with Article V of this Agreement. Section 5. No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: a. The ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon ordinances adopted by the City Council, recommending an annual budget or directing the proper performance of all executive departments; 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 10 b. The responsibility of the City Council for the enactment of ordinances, the appropriation of monies and final determination of employee compensation; C. The responsibility of the Civil Service Commission, as provided by State Statute, for determining classification, status and tenure of employees, establishing rules, certifying registers and the reviewing of appointments in the police service; d. The responsibility of the Chief of Police and his/her delegates governed by ordinances, Civil Service Rules and Departmental Rules and as limited by the provisions of the Agreement; 1. To recruit, assign, transfer or promote members to positions within the Department; 2. To take disciplinary action against members for just cause; 3. To determine methods, means and personnel necessary for departmental operations; 4. To control departmental budget; and 5. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. Article XVI GRIEVANCE PROCEDURE Section 1. For purposes of this Agreement, the term "grievance" means any dispute between the Employer and the Guild concerning an alleged breach , or violation of this Agreement. Step 1. Any alleged grievance shall be taken up with the employee's immediate superior officer within ten (10) working days of its alleged occurrence. The parties agree to make every effort to settle the grievance promptly at this level. In the event the grievance is unresolved, the Guild and 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 Guild and the employee shall provide the Employer with written notice of such election. Step 2. The grievanceshall 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 the Guild 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 11 representative shall present the written grievance to the superior officer, Personnel Director and the Chief of Police who will conduct a meeting within five (5) working days of receipt of the written grievance. The Chief of Police shall make a decision of the matter in writing within ten (10) working days from such meeting. Copies of the Chief's decision will be furnished to the aggrieved, Guild representative and the Mayor. Step 3. Any grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to the Mayor in writing within ten (10) working days whereupon the Mayor shall conduct an investigatory hearing within five (5) working days of the receipt of the written grievance. The Mayor shall render a decision within five (5) working days of such hearing. Step 4. Should the grievance not be resolved in Step 3 and should further consideration be desired by the aggrieved, a written notification requesting arbitration must be filed with the Mayor within ten (10) working days. The parties shall mutually select a disinterested third party to serve as Arbitrator. In the event the Employer and the Guild are unable to agree on an Arbitrator, the Arbitrator shall be selected by the process of elimination from a panel of seven (7) Arbitrators furnished by the American Arbitration Association. The request to the American Arbitration Association shall state the issue. The Arbitrator shall confine him/her self to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him. The Arbitrator shall have jurisdiction_ and authority only to interpret, apply or determine compliance with the specific terms of the Agreement and shall not 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 expenses and fees incumbent to the services of the Arbitrator shall be borne equally by the Employer and the Guild. 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. Section 3. A grievance that involves or affects a significant portion of the employees in the bargaining unit may be introduced by the Guild in written form to the Chief of Police as set forth in Step 2 of the grievance procedure and processed as set forth therefrom. 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 12 Article XVII WORK STOPPAGES The bargaining union members are all uniform personnel employed as supervisors with the City of Auburn. It is contrary to public policy and laws of the State of Washington for such employees to engage in strikes, work stoppages, work slowdowns, sickly or other concerted actions that interfere with law enforcement. Therefore, the Guild, its members, employees and agents agree there shall be no strikes, work slowdowns, work stoppages, sickly or other concerted actions which interfere with the normal operation of the City of Auburn Police Department and that they shall not honor any picket lines of other employees or groups of employees and engage in concerted activity as described herein in support of, cooperation with, or sympathy for other employees or groups of employees. Article XVIII BULLETIN BOARDS. The City shall permit the reasonable use of bulletin boards by the Guild for posting of notices of a non controversial nature relating to Guild business. Article XIX SAVING CLAUSE If any article of this Agreement or any addendum thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of the Agreement and addendum 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 XX 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. 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 13 Article XXI LONGEVITY Longevity pay shall be applied to the straight -time monthly rates of employees covered by the Agreement who have completed continuous service in accordance with the following schedule: LONGEVITY PAY SCHEDULE 5 Years...... Included in base 8 Years...... Included in base 11 Years..... Included in base 14 Years.................0.5% 17 Years.................2.0% 20 Years.................3.5% Article XXII DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer is 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 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 14 employee in question will be asked to submit to discovery testing including, breath test, urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article. For the purpose of administering this Article the following definition of terms is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the .light of experience, that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee; Under the Influence - The following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (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 ................................... 0.05 gr/dl Illegal Drugs Are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over -the -Counter Drugs - Are those which are generally available without a prescription and are limited to those drugs which are. capable of impairing the judgment of an employee to 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. Section 2. If an employee is required to submit to a drug test, the following procedure shall be followed: A. The employee shall be given an opportunity to confer with a Guild representative if one is readily available and the employee has requested said conference. 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 15 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 a Guild, 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 Guild representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. E. All specimen container and vials and bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the Employer, employee and the Guild representative and proper chain -of - custody procedures shall be followed. F. The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to between the Guild and the Employer. The laboratory used shall also be one whose procedures are periodically tested in a program where they analyze unknown samples sent by an independent party. The results of such tests shall be made available to the Employer and the Guild. G. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine the initial test level is 25 ng/ml. Confirmatory Test Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml H. At the employee's or,the Guild's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Guild for testing. The 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 16 cost of this test will be paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. I. The employee and the Guild shall be informed of the results of all tests, and. provided with all documentation regarding the tests as soon as the test results are available. Section 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 years and records of all negative tests for at least one year. Section 4. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. Article XXIII TERM OF AGREEMENT Section 1. This Agreement is effective the date of execution and shall remain in full force and effect through December 31, 1995. Section 2. Pursuant to the provisions of RCW 41.56, the City agrees to commence negotiations with the Guild not later than June 1 of any calendar year where required for the purpose of negotiating wages, hours and other terms and conditions of employment for employees covered by this Agreement. 1993 - 1995 Auburn Police Guild Lieutenants Contract Page 17 Signed this' day of (,(�,� , 1994, at Auburn, Washington. City of Auburn Auburn Police Guild Lieutenants Unit By: Mayor By: City Clerk AppyqvedAs To F m: B City Attorney URIGINAL MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF AUBURN AND AUBURN POLICE GUILD - LIEUTENANTS UNIT This memorandum of understanding is attached to the current Labor Agreement for the purpose of reducing to writing the agreement between the Guild and City to compensate the Auburn Police Guild - Lieutenants Unit in the amount of $2,250.00 to each member, as a one time lump sum wage adjustment payment in lieu of backpay/benefit adjustments between 1-1-93 and 5-31-94. Approved: ^ z3-��- Pam Sime, P rsonnel Director Date um-� C; . Vzc�`p [0—�-9' Charles A. Booth, Mayor Date L2 L -'s Bob Almy, Police Lieute nt Date Police Guild Date Article XIII UNIFORM ALLOWANCE ORIGINAL Section 1. The City shall provide an annual clothing allowance as follows: Police Officer Personnel $425 - 1993 (excluding those assigned to the Traffic Unit) $475 - 1994 $500 - 1995 Detectives (required to wear plainclothes, i.e. suits and ties) $525 - 1994 (excluding those wearing casual clothing, i.e. sport/T-shirts) $550 - 1995 Employees assiged to the Traffic Unit Quartermaster System Newly Hired Personnel City will outfit. Newly Assigned Personnel - Where special uniform equipment is required by the City, after regular uniform allowance is exhausted, City will outfit. The purpose of this allowance is to buy and/or repair any. equipment or clothing, including dry cleaning of uniforms or suits worn by detectives, required by the City, which is not furnished by the City. Procedures for handling receipts documenting monies expended by the employee for this purpose shall be established by the Chief pursuant to Section 2 below. Section 2. At the option of the employee, the allowance will be paid to the employee under either of the following circumstances: a. Upon submission of a voucher to the Chief of Police for approval, signed by the employee, the total .allowance shall be paid by check issued to the employee and followed by receipts throughout the calendar year to document that funds are being utilized for the above purposes upon which the voucher issue is based. Any funds not expended in a calendar year shall be deducted from the subsequent year's uniform allowance. Article XIII - Uniform Allowance Page Two b. The allowance will be paid when the employee presents a receipt for authorized items to the Chief of Police. All monies not expended pursuant to this option shall be forfeited as of the end of each year. City of Auburn Auburn Police Guild oa MAYOR 0 Signed this 18th day of May 1994.