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HomeMy WebLinkAboutITEM VIII-B-3 C[TYOF ~~--.~~ ~~~ ~~~ ~~- - ~ WASHWGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Collective Bar ainin Auburn Police Mana ement Association December 17, 2007 Department: Attachments: Budget Impact: Human Resources Contract Administrative Recommendation: City Council to adopt Resolution No. 4273. Background Summary: The Council to approve the Collective Bargaining Agreement between the City and the Auburn Police Management Association for 2008 - 2010. S1217-1 A3.9.4 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O ^ Airport ®Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ®Municipal Serv. ^Finance ^ Parks ^ Human Services ^ Planning & CD ^ Fire ^ Planning ^ Park Board ^Public Works ^ Planning Comm. ^ Other ^ Legal ^ Police ^Public Works ^ Human Resources ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Backus Staff: Heineman Meeting Date: December 17, 2007 Item Number: VI11.6.3 A~~U~ ~ MORE THAN YOU IMAGINED RESOLUTION N0.4 2 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN POLICE MANAGEMENT ASSOCIATION FOR 2008-2010 WHEREAS, this Agreement is between the City of Auburn and the Auburn Police Management Association for the purposes of setting forth the mutual understanding of the parties to conditions of employment for those employees for whom the City recognizes the Auburn Police Management Association as the collective bargaining representative; and WHEREAS, the City of Auburn recognizes the Auburn Police Management Association as the exclusive bargaining .representative of all employees designated as Auburn Police Management Association, and WHEREAS, after review and approval of .the Collective Bargaining Agreement by the City of Auburn and Auburn Police Management Association NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES 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 Management Association for 2008 - 2010 as set forth in Exhibit "A" attached hereto and incorporated by reference. Resolution No. 4273 December 11, 2007 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVE[~,~ TO F,pRM: ity Attorney Resolution No. 4273 December 11, 2007 Page 2 ATTACHMENT A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN POLICE MANAGEMENT ASSOCIATION (2008-2010) TABLE OF CONTENTS ARTICLE 1 -RECOGNITION AND BARGAINING UNIT .....................................4 ARTICLE 2 -ASSOCIATION MEMBERSHIP AND DUES DEDUCTION .............4 ARTICLE 3 -ASSOCIATION ACTIVITIES ...........................................................4 ARTICLE 4 -HOURS OF WORK AND OVERTIME ............................................. 5 ARTICLE 5 -CLASSIFICATIONS AND SALARIES .............................................5 ARTICLE 6 -HOLIDAYS ......................................................................................6 ARTICLE 7 -VACATIONS ...................................................................................6 ARTICLE 8 -HEALTH AND WELFARE ...............................................................7 ARTICLE 9 -PENSIONS .....................................................................................9 ARTICLE 10 -JURY DUTY ..................................................................................9 ARTICLE 11 -SICK, DISABILITY, BEREAVEMENT & EMERGENCY LEAVE . ..9 ARTICLE 12 -UNIFORM AND CLOTHING ALLOWANCE ................................ 12 ARTICLE 13 -EMPLOYMENT PRACTICES ..................................................... 13 ARTICLE 14 -MANAGEMENT RIGHTS ............................................................ 13 ARTICLE 15 -GRIEVANCE PROCEDURE ....................................................... 14 ARTICLE 16 -WORK STOPPAGES .................................................................. 15 ARTICLE 17 -BULLETIN BOARDS ................................................................... 16 ARTICLE 18 -BILL OF RIGHTS ........................................................................ 16 ARTICLE 19 -SAVINGS CLAUSE ..................................................................... 18 ARTICLE 20 -ENTIRE AGREEMENT ............................................................... 18 ARTICLE 21 -RETENTION OF BENEFITS ....................................................... 18 ARTICLE 22 -DRUG TESTING ......................................................................... 18 Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 2 ARTICLE 23 -DURATION .................................................................................22 Appendix "A,' .......................................................................................................23 Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 3 AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN POLICE ASSOCIATION COMMANDER'S UNIT 2008-20010 This Agreement is between the City of Auburn (hereinafter called the "City") and the Auburn Police Management Association (hereinafter called the "Association") for the purposes of setting forth the mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Association as the collective bargaining representative. ARTICLE 1 -RECOGNITION AND BARGAINING UNIT 1.1 The City recognizes the Auburn .Police Management Association as the exclusive bargaining representative for all employees designated as Commissioned Law Enforcement Officers, rank of Commander, excluding all other employees of the department. ARTICLE 2 -ASSOCIATION MEMBERSHIP AND DUES DEDUCTION 2.1 Employees shall either become members of the Association or pay a service fee to the Association 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 Association shall provide the employee and the City thirty (30) days notification in writing of the Association'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 Association. The amount deducted shall be transmitted monthly to the Association on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. ARTICLE 3 -ASSOCIATION ACTIVITIES 3.1 A Business Representative of the Association, should the Association contract one, shall be allowed access to all facilities of the City wherein the employee covered under this contract may be working for the purposes of investigating grievances, provided such Representative does not interfere with the normal work processes. No Association member or officer shall Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 4 conduct any Association business apart from activities related to contract administration on City time and no Association meetings will be held on City time or premises unless authorized by the Chief of Police. Off duty meetings may be scheduled and held on City premises. 3.2 The City agrees that employees covered by this Agreement shall not be discharged or discriminated against for upholding Association principles or. for performing duties authorized by the Association, so long as these activities do not interfere with normal work process of the City 3.3 The employer will attempt to allow such members of the Association as may be designated by the Association, not to exceed three (3), leave from duty without loss of pay for the purposes of direct participation as members of the Association negotiating team in labor negotiations with the City of Auburn including mediation. Interest arbitration hearings shall also be included under this provision, provided that such leave shall not result in additional cost 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. It is recognized that employees will be required to spend additional time over and above their regular workweek engaged in activities for the City. The parties recognize that Commanders are employed to do an executive job as opposed to working a set schedule. It is understood that this Agreement shall be interpreted and applied in a manner, which ensures, to the fullest extent possible, the exempt status of Commanders. ARTICLE 5 -CLASSIFICATIONS AND SALARIES 5.1 Employees covered by this Agreement shall be compensated in accordance with the pay plan attached to this Agreement and marked Appendix "A". This Appendix shall be considered a part of this Agreement. Paydays for employees covered by this Agreement shall be on the 8t" and 23~d of each month. 5.2 Longevity pay shall be applied to the straight-time hourly rates of all employees covered by this Agreement who have completed continuous service in accordance with the following schedule: 5 Years 8 Years 11 ears 14 Years 17 ears 20 Years 2% 3.5% 5% 6.5% 8% 9% Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 5 5.3 Employees in the Auburn Police Guild Commissioned Unit will be eligible to receive tuition reimbursement of a maximum of two thousand dollars ($2,000.00) per calendar year in accordance with the procedures specified in City Administrative Policy 200-50 -Tuition Reimbursement. ARTICLE 6 -HOLIDAYS 6.1 The following 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 specified in Section 1 above with the provision that whenever any designated holiday falls upon a Sunday, the following Monday shall be the recognized holiday, and whenever any designated holiday falls upon a Saturday, the preceding Friday shall be the recognized holiday. 6.4 A request to take a Floating Holiday may be made by an employee at any time prior to a shift assignment for which it is to be used. It may be approved by the Chief or his/her designee. 6.5 Employees terminating service after completion of probation shall receive compensation for vested, unused holiday time. ARTICLE 7 -VACATIONS 7.1 Annual vacations with pay shall be granted to eligible employees on the following basis: for service less than one (1) year vacation leave credit shall accrue at the rate of one (1) working day for each month of continuous service commencing from the date of most recent employment with the City; for continuous service of more than one (1) year, vacation leave credit shall accrue at the following rate: 1 to 5 years of continuous service 6 to 10 years of continuous service 11 to 15 years of continuous service 16 to 20 years of continuous service 14 working days per year 17 working days per year 20 working days per year 22 working days per year Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 6 Over 21 years of continuous service 24 working days per year Employees shall take vacation leave on a one-half 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. 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 Preferred Provider Plan (i.e. AWC PPO Plan) or AWC Group Health Plan b. Washington Dental Service Plan F; Orthodontia Plan 1; with annual maximum of $1,500.00 per covered insured and a lifetime orthodontic maximum of $500.00_per covered insured or the Willamette Dental Plan. The City will pay up to what it pays for the applicable Washington Dental Service Plan F. b. Vision Services Plan; and c. Standard Life Insurance for $5,000. The Association agrees to continue to cooperate .with the City in the study of cost containment measures. The Association will appoint one member of the Association'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 PPO Plan shall pay ten (10) percent of the premium cost each month. The City shall continue to make available 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 a maximum of 90% of the applicable AWC PPO Plan premium. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 7 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 Disability Insurance -The employer shall provide for a mandatory payroll deduction for a LEOFF II disability plan selected periodically and administered by the Association. Participation shall be for all LEOFF II employees and wilt begin from date of employment with the City of Auburn. 8.5 The employer shall provide for mandatory payroll deduction for a post retirement insurance trust selected and administered by the Association. Participation shall be for all LEOFF II employees and will begin from date of employment with the City of Auburn. The CITY OF AUBURN has adopted the MSA VEBA Medical Reimbursement Plan for all commissioned LEOFF II employees in the Commanders' Bargaining Unit who do not have a military medical retirement plan. The City of Auburn agrees to provide a mandatory payroll deduction for this post retirement medical insurance trust, which shall be administered by the Association. All contributions made on behalf of each eligible employee will be based on the individual's annual base salary with one mid year adjustment if needed. It is understood that all defined eligible employees will be required to sign and submit to the City of Auburn an MSA VEBA Membership Enrollment Form. The Commanders' MSA VEBA Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 8 shall be funded by: (1) Bi-monthly employee contribution of 2% base annual salary, and (2) annual sick leave contribution, and (3) sick leave contribution upon separation and (4) Effective January 1, 2008, the City will make a bi-monthly contribution of two percent (2.0%) of base pay period salary. Annual Sick Leave Contribution: Eligibility for participating on an annual basis is limited to employees who have accumulated unused sick leave in excess of 960 hours. All accumulated annual sick leave in excess of 960 hours shall be paid at 25% of the employee's then hourly base wage into the trust. Separation of Employment Contribution: Contributions to the Plan by all employees covered by this agreement, who leave employment with the City of Auburn by retirement, death, disability, termination or any other reason shall transfer all unused accumulated sick leave into the trust, in accordance with the terms and conditions of the collective bargaining agreement in effect at the time of signing. ARTICLE 9 -PENSIONS 9.1 Pensions for employees and contributions to pension funds shall be provided in accordance with the laws of the State of Washington for eligible employees. ARTICLE 10 -JURY DUTY 10.1 Time off with pay will be granted for jury duty. 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 Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 ~ December 31, 2010 Page 9 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. 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 workweek 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 newborn 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 Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 10 are employed by the City, together they are entitled to a total of 12 workweeks of paid/unpaid leave under this paragraph. In the case of maternity, any leave taken prior to the birth of the child for prenatal- care or inability to work prior to the actual birth will be assessed towards the twelve 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 workweek 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. 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 into the Commissioned Officers Guild or the Auburn Police Management Association after November 30, 1993, shall not be subject to the above sick leave cash out provisions but shall be reimbursed for 35% of accumulated and unused sick leave upon retirement, death or disability retirement only. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 11 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 leave in excess of 960 hours accumulated by the employee shall be paid at 25% of the employee's then hourly rate into the VEBA (See paragraph 8.6). 11.8 When an employee covered by the LEOFF II Retirement System is 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 Association agrees to limit the sick leave cash out 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 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 a Quartermaster System and will be issued their full compliment of uniforms/equipment according to the list of agreed upon items attached as Appendix B. All uniforms/equipment are owned by the City. 12.3 Commanders will be entitled to have up to four uniform items cleaned per week. 12.4 Commanders will be given a clothing allowance of $600.00 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. Effective January 1, 2008, the clothing allowance will be integrated into the base pay wage scale. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008- December 31, 2010 Page 12 ARTICLE 13 -EMPLOYMENT PRACTICES 13.1 Layoff. Personnel reductions through layoff procedures and reinstatement from such layoffs shall in accordance with the Civil Service Rules and Regulations of the City of Auburn. 13.2 Seniority. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the highest 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 designated smoking areas. It is the intent of the parties to continue to comply with the City's tobacco use policy in effect as of May 7, 2001. 13.4 Probationary Periods. Probationary periods upon initial appointment shall not exceed one year and may not be extended without the written agreement of the Association. Probationary periods upon promotion shall not exceed one year and shall not be extended without the written agreement of the Association. A probationary period shall be extended for the number of workdays equal to the number of workdays an employee was absent in excess of 10 workdays during the 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 Association recognizes the prerogatives of the City to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. 14.2 The City has the right to schedule work as required in a manner most advantageous to the department and consistent with the requirements of municipal employment and the public safety.. 14.3 The City reserves the right to discharge or discipline an employee for just cause. The City reserves the right to 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 4.1 and to establish the methods or processes by which such work is performed. 14.4 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: a. The ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon ordinances Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 13 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 Statute, subject to any applicable bargaining duty of the City and the terms of this Agreement. d. The responsibility of the Chief of Police and his/her delegates governed by ordinances, Civil Service Rules and Department Rules and as limited by the provisions of the Agreement; and provided that such actions do not effect mandatory subject of bargaining: 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 department budget; and 5. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the department. ARTICLE 15 -GRIEVANCE PROCEDURE 15.1 For purposes of this Agreement, the term "grievance" means any dispute between the Employer and the Association concerning an alleged breach or violation of this Agreement. Step 1: Any alleged grievance shall be taken up with the employee's immediate supervisor within ten (10) 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 Association and/or employee shall determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein 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 Association with written notice of such election. Step 2:The grievance shall be reduced to written form by the aggrieved employee stating the section of the Agreement violated and explaining the grievance in detail and remedy Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 14 sought. The employee and/or the Association shall present the written grievance to the Human Resources Director and the Chief of Police who will conduct a meeting within five (5) working days of receipt of the written grievance. The Chief of Police shall make a decision on the matter in writing within ten (10) working days from such meeting. Copies of the Chief's decision will be furnished to the aggrieved, Association 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 Association 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. 15.3 A grievance that involves or affects a significant portion of the employees in the bargaining unit may be introduced by the Association in written form to the Chief of Police as set forth in Step 2 of the grievance procedure and processed as set forth there from. ARTICLE 16 -WORK STOPPAGES 16.1 The City and the Association agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Association shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform 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 Association agrees to take appropriate steps to end such interference. Any concerted Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 15 action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. ARTICLE 17 -BULLETIN BOARDS 17.1 Electronic Mail. The Police Association may use the City's electronic mail (E-Mail) for communications pertaining to Association business, i.e. meeting times, places and agendas, voting, election results and various topics of Association business on issues effecting the administration of the collective bargaining agreement with the City of Auburn All communications on E-mail by Association members will be reviewed and approved by a member of the Association Executive Board to determine the appropriateness of the communication in accordance with this section prior to being sent. 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 Management Association shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". e. 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: 1. Committing a criminal offense; 2. Misconduct that would be grounds for termination, suspension, or other disciplinary actions; or, 3. That. he/she may not be qualified for continued employment with the department. 4. That he/she has the right to Union representation during the interview. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 16 f. 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. 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. 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. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 17 k. No employee shall be required to unwillingly submit to a polygraph test. 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. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008,- December 31, 2010 Page 18 Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall note be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law .enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing including, breath tests, urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article. For the purpose of administering this Article the following definition of terms is provided: Reasonable Suspicion -Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drug or improper alcohol use by that particular employee: 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: n /ml Amphetamines Barbiturates Benzodiazepines Cannabinoids Cocaine metabolites Methadone Methadone Methaqualone Opiates (Codeine) Opiates (Morphine) Phencyclidine (PCP) Propoxyphene Level of the positive result for ethyl alcohol Test Level 1000 300 300 100 300 300 300 300 300 300 25 300 0.04 g r/d l Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 19 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. 22.2 If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given an opportunity to confer with an Association representative if one is readily available and the employee has requested said conference. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee to the test administrator. The Employer and an Association representative may be present during this discussion. c. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Association representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers 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 Association representative and proper chain-of-custody procedures shall be followed. 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 Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 20 they analyze unknown samples sent by an independent party. The results of such tests shall be made available to the Employer and the Association. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine the initial test level is 25 g/ml. Confirmatory Test Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/ml Codine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml At the employee's or the Association's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Association for testing. The cost of this test will be paid by the Association or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. The employee and the Association shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. 22.3 The parties shall designate a Medical Review Officer (MRO) to review all confirmed positive test results and communicate those results to the Employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. 22.3 If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 21 ARTICLE 23 -DURATION 23.1 This agreement shall become effective on January 1, 2008 until December 31, 2010. Signed this day of Washington. CITY OF AUBURN By: Mayor By By: Ap By Director of Human Resources 2007 at Auburn, AUBURN POLICE MANAGEMENT ASSOCIATION By: Auburn Police Management Association Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 22 City Clerk Appendix "A" 2008 CLASSIFICATION BASE WAGE Commander $4307.04 per pay period (Includes 2.5% COLA plus 1.5% market adjustment for a total increase of 4.0%)) PLUS LONGEVITY (Added to base wage) 5 8 11 14 17 20 Position Years Years Years Years Years Years 2% 3.5% 5% 6.5% 8% 9% Commanders $4,393.18 $4,457.79 $4,522.39 $4,587.00 $4,651.60 $4,694.67 ($)86.14 ($)150.75 ($)215.35 ($)279.96 ($)344.56 $387.63 2009 PAY PLAN Three percent_(.0%) COLA plus aone-half percent (0.5%) Market Adjustment for a total package increase of three and one-half percent 3.5applied to the 2008 Commander base wage schedule. 2010 PAY PLAN Three percent (3%) COLA plus a one percent (1)% Market Adjustment for a total package increase of four percent (4.0%) applied to the 209 Commander base wage schedule. Auburn Police MANAGEMENT ASSOCIATION January 1, 2008 -December 31, 2010 Page 23