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HomeMy WebLinkAbout5279ORDINANCE NO. 5 2 7 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE AUBURN POLICE GUILD COMMANDERS UNIT, FOR 1999 - 2001. WHEREAS, the City of Auburn recognizes the Auburn Police Guild Commander's Unit as the sole exclusive collective bargaining representative of all employees designated as Commissioned Law Enforcement Officers, rank of Commander, of the Collective Bargaining Agreement for 1999 — 2001 in Attachment "A" attached hereto and by this reference made a part hereof; and WHEREAS, after review and approval of the Collective Bargaining Agreement by and between the City of Auburn and Auburn Police Guild Commanders Guild. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The City Council hereby authorizes the execution of the Collective Bargaining Agreement by and between the City of Auburn and the Auburn Police Guild Commander's Unit, for 1999 — 2001 as setforth in Attachment "A", attached hereto and by this reference made apart hereof. ---------------------- Ordinance No. 5279 August 25, 1999 Page 1 Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ---------------------- Ordinance No. 5279 August 25, 1999 Page 2 INTRODUCED: September 7, 1999 PASSED: September 7, 1999 . APPROVED: September 7, 1999 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: 9- l0 - 9 9 Ordinance No. 5279 August 25 1999 Page 3 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN POLICE GUILD COMMANDER'S UNIT (1999 - 2001) 0 e'DiicJh�tte S-2 ? 7 AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN POLICE GUILD COMMANDER'S UNIT 1999-2001 This Agreement is between the City of Auburn (hereinafter called the "City") and the Auburn Police Commander's Guild (hereinafter called the "Guild") for the purposes of setting forth the mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Guild as the collective bargaining representative. ARTICLE 1 — RECOGNITION AND BARGAINING UNIT 1.1 The City recognizes the Auburn Police Commander's Guild as the exclusive bargaining representative for all employees designated as Commissioned Law Enforcement Officers, rank of Commander, excluding all other employees of the department. ARTICLE 2 — GUILD MEMBERSHIP AND DUES DEDUCTION 2.1 Employees shall either become members of the Guild or pay a service fee to the Guild within thirty-one (31) days of employment or within thirty-one (31) days of the execution date of this Agreement. 2.2 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. 2.3 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 3 — GUILD ACTIVITIES 3.1 The Business Representative of 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 apart from activities related to contract administration on City time and no Guild meetings will be held on City time or premises unless authorized by the Chief of Police. Off duty meetings may be scheduled and held on City premises. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 2 3.2 The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Guild principles or for performing duties authorized by the Guild, so long as these activities do not interfere with normal work process of the City 3.3 The employer will attempt to allow such members of the Guild as may be designated by the Guild, not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Guild negotiating team in labor negotiations. with the City of Auburn including mediation. Interest arbitration hearings shall also be included under this provision, provided that such leave shall not result in additional cost the City. ARTICLE 4 — HOURS OF WORK AND EXECUTIVE LEAVE 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 an eight hour five days on/ two consecutive days off shift; provided that the employee assigned to the III watch shall work a four ten hour days on/ three consecutive days off schedule. 4.2 Executive Leave -It is recognized that employees will be required to spend additional time over and above their regular workweek engaged in activities for the City. Since the employees are exempt from FLSA overtime, the parties agree that each member of the bargaining unit should receive executive leave time, in the amount of sixty (60) hours per year, in lieu of overtime. When an employee puts in substantial additional hours, the parties shall engage in the practice of working a flex time schedule — in order to compensate the employee for his time. Unused executive leave will be cashed out by the City at the end of each calendar year. 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. In order to implement this provision in 1999, the 60-hour Executive Leave benefit will be decreased by the. amount of each employee's earned overtime/comp time, on the date this Agreement is signed. The remaining executive leave hours will be available for use by the employee and available for cash -out as of November 30, 1999. Thereafter, the 60-hour executive leave benefit will be credited to each employee as of January 1 of each year with an executive leave cash -out option available as of November 30, 1999. 4.4 Callback — If an employee is called back to duty he/she will be guaranteed a minimum of three (3) hours at and one-half his/her hourly base rate. ARTICLE 5 — CLASSIFICATIONS AND SALARIES 5.1 Employees covered by this Agreement shall be compensated in accordance with the pay plan attached to this Agreement and marked Appendix "A". This Appendix shall be considered a part of this Agreement. Paydays for employees covered by this Agreement shall be on the 8`h and 23`d of each month. Auburn Police Guild Commanders' Unit January 1, 1999 —December 31, 2001 Page 3 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 48 Years =1 11 Years 14 Years 17 Years 6.5% 8% . 5.3 All employees shall be reimbursed for educational expenses for job -related classes or degrees but such classes must have the prior approval of the Chief of Police. Tuition reimbursement shall be limited to the University of Washington tuition fee schedule for equivalent number of credits begin taken. Reimbursement shall be made upon successful completion by the employee with a grade of "C" or better. A grade of "pass" shall be accepted by the City when a "pass/fail" grading system is in effect. The City shall pay for required textbooks not already available in the City's library. These textbooks shall become part of the City's police library when the course is completed by the officer. ARTICLE 6 - HOLIDAYS 6.1 The following eleven 11 days are designated as holidays: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day Floating Holiday (2) 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. 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 year of their accrual. 6.3 The designated holidays shall be as specifi6d in Section 1 above with the proviso 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 his/her designee. 6.5. Employees terminating service after completion of probation shall receive compensation for vested, unused holiday time. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 4 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 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. Employees shall take vacation leave on an hourly basis. A "working day" shall be equal to eight (8) hours. 7.2 Normally, vacation leave must be taken within the year next succeeding the year in which vacation leave credits are earned. Vacation leave credits shall not normally be accumulative except where the Chief of Police determines that special circumstances exist justifying an extended vacation. 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 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 accrued annual vacation leave during the year authorized. 7.3 Employees who have completed six (6) months of service and are separated from employment shall be entitled to payment for vacation leave not taken that has accrued to date of separation. In the event of the death of an employee in active service with the City, accrued vacation leave that has not been taken shall be paid in the same manner that salary due the decedent is paid for any vacation leave earned in the preceding year and in the current year and not taken prior to the death of such employee. ARTICLE 8 — HEALTH AND WELFARE 8.1 A health care, dental care, orthodontics and life insurance program shall be granted to eligible employees and their dependents. Except for group medical insurance for spouse and children as provided in Section 8.2 herein, the cost shall be paid by the City. Said program shall consist of: a. Association of Washington Cities/Washington Physicians Service/Regence Blue Shield Plan (i.e. AWC Plan A); b. Washington Dental Service Plan F; Orthodontia Plan A; with annual maximum of $1,500.00 per covered insured and a -lifetime orthodontic maximum of $1,500.00 per covered insured; C. Vision Services Eye Care; and d. States West Life Insurance for $5,000. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 5 The Guild agrees to continue to cooperate with the City in the study of cost containment measures. The guild will appoint one member of the Guild's negotiations team to the City's Health Care Cost Containment Committee. 8.2 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 II employees who elect to enroll themselves and their dependents. The City's contribution toward medical insurance for spouse and children shall be 90% of the applicable AWC Plan A Premium. 8.3 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 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 their 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; 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 as 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. 8.4 The employer shall provide for mandatory payroll deduction for a post retirement insurance trust selected and administered by the Guild. Participation shall be for all LEOFF H employees and will begin from date of employment with the City of Aubum. 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. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 6 ARTICLE 10 —JURY DUTY 10.1 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 11— SICK. DISABILITY. BEREAVEMENT AND EMERGENCY LEAVE 11.1 Sick leave credit shall accumulate for eligible employees at the rate of one (1) day, i.e., eight (8) hours per month. Sick leave is accumulative to a maximum of one hundred twenty (120) days (i.e., 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. Any employee found to have abused sick leave by falsification or misrepresentation of same 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 option, whenever an employee claims sick leave for three (3) days or longer, or after three (3) single sick leave claims in any calendar year or three consecutive days, which ever occurs first. In requiring a physician's statement, the Chief, or his designee, shall do so for the purpose of assuring that employees are utilizing sick leave benefits for the purposes intended by this Agreement. 11.3 Employees incapacitated by illness or injury shall notify the Chief of Police 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 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, sister, children and stepchildren of the employee, employee's grandparents, and stepparents. 11.5 An employee may use up to twelve (12) weeks of leave each year in accordance with the provisions of the Family Medical Leave Act (FMLA) as follows: An employee who has worked for the City at least twelve months, including at least 1250 hours in the last twelve months, may be entitled to 12 work weeks of paid/unpaid leave in any twelve-month period. (1) to care for a newborn or newly adopted child or newly placed foster child; (2) to care for a child, parent or spouse who has a serious or terminal health condition; or (3) to attend to a personal serious health condition. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 7 An employee must give the Chief of Police or his designee at least 30 days written notice by completing a Leave Request Form, in advance of the anticipated date of 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 Family and Medical Leave 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 will apply toward the twelve work week entitlement, and is not in addition to the entitlement. Upon return from the leave, the employee is entitled to return to the same position held when the leave began unless the position would have been eliminated had the employee not been on leave. Care for a new born or newly adopted child or newly placed foster child. FMLA leave must be taken within twelve 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 12 work weeks of paid/unpaid leave under this paragraph. In the case of maternity, any leave taken prior to the birth of the child for prenatal care or inability to work prior to the actual birth will be assessed towards the twelve work week period. Time loss due to disability prior to or following giving birth will be assessed towards the twelve work week 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 health care 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 health care provider may be required for leave approval. Re -certification may be required every 30 days. A fitness for duty certificate signed by the consulting physician may be required upon return from leave. Leave may be requested and granted on an intermittent basis or on a reduced work week schedule if medically necessary. The employee must provide medical certification within 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. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 8 11.6 Upon certification of disability retirement by the LEOFF Board, 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 960 hours in accordance with the following schedule based on continuous years of service: Upon Completion of Percent of Accrued Years of Service Unused Sick Leave 0 4 years 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.) 5-14 years 25% 15-24 years 50% 25 years and over 100% Employees hired after November 30, 1993, 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. 11.7 When an employee has accumulated 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 960 hours shall be paid at 25% of the employee's then hourly base rate. 11.8 When an employee covered by the LEOFF II Retirement System is disabled as the proximate result of an on-the-job injury as covered by Washington State Workers' Compensation and Industrial Insurance, the City shall compensate the employee for the difference between his Workers' Compensation entitlement and his regular salary for a period not to exceed six (6) months or the termination of the disability, whichever comes first. To accomplish this, the City shall pay the employee his regular salary for said period and the employee shall receipt to the City all time loss payments received from Workers' Compensation. The City will be under no obligation to continue the employee's regular salary -upon two weeks notice by the City to the employee of their failure to receipt time loss payments. Thereafter, the City will only compensate the employee for the difference between Workers' Compensation entitlement and his regular salary until the employee is in compliance with this section. The City agrees to maintain this section in the contract and the Guild agrees to limit the sick leave cashout for new hires. 11.9 The City shall pay a $4000 death benefit to the estate of a police officer killed in the line of duty. Such payment shall be for funeral and related expenses. ARTICLE 12 — UNIFORMS AND CLOTHING ALLOWANCE 12.1 A "Uniform and Equipment Committee" is established to periodically review the department issue equipment/uniforms. Selection of the uniform/equipment committee will be by an agreement between the Chief and the Guild President. (The committee will meet on an as needed basis at least once per year.) The committee will be responsible for reviewing requests for changes to the equipment/uniform list(s) for general patrol and making changes provided it is consistent with the budgetary guidelines as determined by the Chief of Police. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 9 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 department 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 � Quartermaster System and will be issued their full compliment of uniforms/equipment according to the list of agreed upon items attached as Appendix B that may change from time to time as determined by the Uniform and Equipment Committee. All uniforms/equipment are owned by the City. 12.3 Commanders will be entitled to have up to four uniform items cleaned per week. 12.4 Commanders will be given a clothing allowance of $400.00 per year and entitled to have up to four items dry cleaned or may have three items dry cleaned and five shirts laundered per week for maintenance of business attire. ARTICLE 13 — EMPLOYMENT PRACTICES 13.1 Layoff. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the highest grade on the total examination in accordance with Rule 10. 13.2 Seniority. 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. 13.3 Tobacco Use. Tobacco use shall not be allowed in City vehicles or buildings. However, smoking is allowed in the Sally Port or outside City buildings. It is the intent of the parties to continue to comply with the City's tobacco use policy in effect as of November 21, 1989. 13.4 ProbationM Periods. Probationary periods upon initial appointment shall not exceed one year and may not be extended without the written agreement of the Guild. Probationary periods upon promotion shall not exceed one year and shall not be extended without the written agreement of the Guild. A probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period. During an employee's initial probationary period he/she may be discharged by the employer at will and such discharge shall not be subject to the grievance procedure. During a promotional probationary period an employee may be reverted to his/her former classification and such reversion shall not be subject to the grievance procedure. ARTICLE 14 —MANAGEMENT RIGHTS 14.1 The Guild recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. 14.2 The City has the right to schedule overtime work as required in a manner most advantageous to the department and consistent with the requirements of municipal employment and the public safety. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 10 14.3 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. 14.4 . The City reserves the right to discharge or discipline an employee for just cause. The City reserves the right to 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 in accordance with Section 5.1 and to establish the methods or processes by which such work is performed in accordance with Article V of this Agreement. 14.5 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: a. The ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon ordinances adopted by the City Council, recommending an annual budget or directing the proper performance of all executive departments; b. The responsibility of the City Council for the enactment of ordinances, the appropriation of moneys; C. The legal responsibility of the Civil Service Commission, as provided by State Statue, subject to any applicable bargaining duty of the City and the terms of this Agreement. d. The responsibility of the Chief of Police and his/her delegates governed by ordinances, Civil Service Rules and Department Rules and as limited by the provisions of the Agreement; and provided that such actions do not effect mandatory subject of bargaining: To recruit, assign, transfer or promote members to positions within the department. 2. To take disciplinary action against members for just cause; To determine methods, means and personnel necessary for departmental operations; 4. To control department budget; and To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. ARTICLE 15 — GRIEVANCE PROCEDURE Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 11 15.1 For purposes of this Agreement, the term "grievance" means any dispute between the Employer and the Guild concerning an alleged breach or violation of this Agreement. Step 1: Any alleged grievance shall be taken up with the employee's immediate supervisor and shift commander within ten (10) working days of its alleged occurrence. The parties agree to make every effort to settle the grievance promptly at this level. In the event the grievance is unresolved, the Guild and/or employee shall determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein with in five (5) days of the meeting with the employee's immediate supervisor. Should the employee choose to file an appeal with the Civil Service Commission, the employee shall provide the Employer and the Guild with written notice of such election. Step 2: The grievance shall be reduced to written form by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail and remedy sought. The employee and/or the Guild shall present the written grievance to the Division Commander, 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 on the matter in writing within ten (10) working days from such meeting. Copies of the Chiefs decision will be furnished to the aggrieved, Guild representative and the Mayor. 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 Mayor in writing within ten (10) working days whereupon the Mayor shall conduct an investigatory hearing within five (5) working days of the receipt of the written grievance. The Mayor shall render a decision within five (5) working days of such hearing. Step 4 Should the grievance not be resolved in Step 3 and should further consideration be desired by the grievant, a written notification requesting arbitration must be filed with the Mayor within fourteen (14) working days. The parties shall mutually select a disinterested third party to serve as arbitrator. In the event the Employer and Guild are unable to agree on an arbitrator, the arbitrator shall be selected by the process of elimination from a panel of seven (7) arbitrators furnished by the American Arbitration Association (AAA). The AAA request shall state the issue. The arbitrator shall confine himself 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 add to, detract from or alter in any way, the provisions of this Agreement. The decision shall be final and binding upon both parties. The expenses and fees incumbent to the services of the AAA and the arbitrator shall decide the division of fees and expenses. 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. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 12 15.3 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. ARTICLE 16 — WORK STOPPAGES 16.1 The City and the Guild agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Guild shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform and customarily assigned duties, sick leave absence which is not bona fide, or other interference with City functions by employees under this Agreement and should same occur, the Guild agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. ARTICLE 17 — BULLETIN BOARDS 17.1 Bulletin Boards. The City shall permit the reasonable use of bulletin boards by the Guild for the posting of notices relating to official Guild business. 17.2 Electronic Mail. The Police Guild may use the City's electronic mail (E-Mail) for " communications pertaining to Guild business, i.e. meeting times, places and agendas, voting, election results and various topics of Guild business on issues effecting the administration of the collective bargaining agreement with the City of Auburn. All communications on E-mail by Guild members will be reviewed and approved by a member of the Guild Executive Board to determine the appropriateness of the communication in accordance with this section prior to being sent. E-Mail communications will not contain profanity, abusive language or derogatory language of a discriminatory nature against individuals of a protected class. ARTICLE 18 — BILL OF RIGHTS 18.1 The employer retains the right to adopt rules for the operation of the Auburn Police Department and the conduct of its employees provided that such rules do not conflict with City ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement; and provided further that such rules do not effect 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 investigations made by Superior Officers, as designated by the Chief of Police of the Auburn Police Department, are conducted in a manner which is conducive to good order and discipline, the Auburn Police Officers' Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". b. Every employee who becomes the subject of an internal investigation shall be advised at the time of the interview that he/his is suspected of: Committing a criminal offense; Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 13 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 during the interview. Any employee who becomes the subject of a criminal investigation may have legal Counsel present during all interviews. This representation by counsel is confined to counseling, and not actual participation in the investigation. Nothing in this agreement, however, shall be deemed a waiver of an employee's right to Union representation. A criminal investigation as used herein shall be interpreted as any action, which could result in the filing of a criminal charge. A major investigation as used elsewhere in this Article shall be interpreted as any action, which could result in dismissal from the Department or the filing of a criminal charge. d. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. e. The employee shall be informed in writing as to whether her/she is a witness or suspect before any interview commences. If the employee is a suspect, he/she shall be appraised in writing of the allegations of such complaints 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 major investigation interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee under major investigation 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 major investigation 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 investigation interview. The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities, meals, telephone calls and rest periods. i. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained in "2" herein. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 14 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. 1. Should any section, sub -section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. M. The investigation shall be completed in a reasonable amount of time in light of the circumstances and discipline shall be imposed within a reasonable amount of time after the conclusion of the investigation. ARTICLE 19 — SAVING CLAUSE 19.1 If any article or any portion of any article of this Agreement or any addendum's thereto should be held invalid by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the Agreement and addendum's shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. ARTICLE 20 — ENTIRE AGREEMENT 20.1 The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. ARTICLE 21 — RETENTION OF BENEFITS 21.1 This Agreement shall not operate to reduce any benefits specified in this Agreement which are now more favorably enjoyed by any of the employees covered herein. ARTICLE 22 — DRUG TESTING 22.1 Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. 'For the purpose of this 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 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. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 15 The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing including, breath tests, urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article. For the purpose of administering this Article the following definition of terms is provided: Reasonable Suspicion — Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee: Under the Influence — The following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (ng/ml) Test Level Amphetamines 1000 Barbiturates 300 Benzodiazepines 300 Cannabinoids 100 Cocaine metabolites 300 Methadone 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 Level of the positive result for ethyl alcohol 0.04 gr/dl Illegal Drugs — Are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and 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 safety 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. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 16 22.2 If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given an opportunity to confer with a Guild representative if one is readily available and the employee has requested said conference. b. The employee shall be given an opportunity. to explain 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. 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 containers 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 Union 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. ConfirmatoLy Test Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/ml Codine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine .500 ng/ml Methamphetamine 500 ng/ml Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 17 h. At the employee's or the Guild's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost of this test will be paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in 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 ac the test results are available. 22.3 The parties shall designate a Medical Review Officer WO) 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. 22.4 If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 18 ARTICLE 23 - DURATION 23.1 This agreement shall become effective on January 1, 1999 until December 31, 2001. Signed this-�- day of V1 1999 at Auburn, Washington. CITY OF AUBURN AUBURN POLICE GUILD COMMANDER'S UNIT By: 0— � G 1— le ca R,--, By: Mayor Auburn Polar ander's Unit By: 1, D kector o Personnel Mmove A50 612 w' 1 z -I "I we-, City Clerk Approved As To Form: B: City Attorney Auburn Police Guild Commanders' Unit January 1, 1999 - December 31, 2001 Page-2-2' 101 Appendix "A" CLASSIFICATION Commander + 3%COLA $2,876.01 + 83.77 Market Adjustment $2959.78 PLUS LONGEVITY (Added to base wage) 5 8 Position Years Years 2% 3.5% Commanders $3,018.96 $3,063.37 ($59.20) ($103.59) 1999 BASE WAGE $2,792.24 (per pay period) 11 14 17 Years Years Years 5% 6.5% 8% $3,107.77 $3,152.17 $3,196.56 ($147.99) ($192.39) ($236.78) 2000 PAY PLAN 90% of CPI-W for Seattle/Tacoma/Bremerton (August to August) with a minimum of 3% and a maximum of 5%. 2001 PAY PLAN 90% of CPI-W for Seattle/Tacoma/Bremerton (August to August) with a minimum of 3% and a maximum of 5%. JULY 1,2001 7/01/01, 1% Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 20 Appendix "B" Department Issue — Police Officer: Four long sleeve uniform winter shirts Four short sleeve uniform summer shirts Four pair uniform trousers One uniform jumpsuit One baseball style cap One uniform jacket One rain coat — yellow One protective vest Two clip -on style ties One "Auburn Police" tie clip One name plate, metal for uniform shirt One set of metal shirt buttons Two "AP" collar insignia One official badge One pair shoes — black leather, polished tow and heal. One pair boots — black leather, polished toes and heals One duty equipment belt One nylon or leather pants belt Four belt keepers One pistol holster One magazine pouch One A.S.P. baton with holder Two pair handcuffs with long key One double handcuff case or two single cases One pair black leather gloves One portable radio holder One pager holder One capstun and holder One flashlight with belt holder One folding knife with belt holder One "hazmat" glove holder for duty belt One whistle Two metal citation folders (holders) One holder for "officers daily log book" One briefcase — voucher up to $125.00 One riot baton One riot helmet One gas mask One Auburn Police commission card One Auburn Police policy/procedure manual Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 21 Voucher method up to $85.00 Voucher method up to $125.00 Special equipment is required for officers assigned to these positions. They will be completely outfitted upon transfer to these specialty assignments. UNIFORM AND EOUIPMENT'COMMITTEE: Selection of the Uniform/Equipment Committee — a representative form Patrol, Detectives, Sergeants and a representative from the administration will comprise the committee. The committee will meet on an "as needed" basis or at least once per year. A uniform and equipment committee is established to periodically review the department issue equipment and uniforms. The committee will be responsible for reviewing requests for changes to the equipment/uniform list(s) for general patrol and making recommendations for changes. 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 department will designate the uniform/equipment supplier, including "voucher" items. Specialty units may utilize specialty outlets/sources for some equipment needs. Auburn Police Guild Commanders' Unit January 1, 1999 — December 31, 2001 Page 22