HomeMy WebLinkAbout4273RESOLUTION 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 ~ "~ da of ~~~~ ~,~007.
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CITY OF AUBURN
_. _ _.
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PETER B. LE1NfS_
MAYOR
ATTEST:
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.._...
Dartielle E. Daskam,
City Clerk
APPROVE TO F RM:
ie ad,
City Attorney
Resolution No. 4273
December 11, 2007
Page 2
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
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ARTICLE 23 -DURATION .................................................................................22
Appendix "A" ....................................................................................................... 23
Auburn Police MANAGEMENT ASSOCIATION
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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
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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 8th 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%
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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
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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.
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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 will 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
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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
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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
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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.
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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.
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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
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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.
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.
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.
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.
I. 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 not be used as the basis for any disciplinary
action provided that the request for assistance is initiated prior to being identified as
impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to enforce
the criminal laws. Moreover, the parties recognize the courts have held it would
substantially impair law enforcement agencies if they were required to employ individuals
within their ranks who have violated the very laws said agencies are charged with enforcing.
Therefore, the Employer reserves the right to refuse to employ or continue the employment
of individuals who are or have been engaged in serious criminal conduct, whether drug
related or not.
Where a supervisory employee of the City has a reasonable suspicion to believe an
employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the
employee in question will be asked to submit to discovery testing including, breath tests,
urinalysis and/or a blood screen to identify any involvement with alcohol or illegal drugs.
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 /m I
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 gr/dI
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
h. At the employee's or the Association's option, a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the Association for testing. The cost
of this test will be paid by the Association or the employee. Failure to exercise this
option may not be considered as evidence in an arbitration or other proceeding
concerning the drug test or its consequences. The results of this second test shall be
provided to the City.
The employee and the Association shall be informed of the results of all tests, and
provided with all documentation regarding the tests as soon as the test results are
available.
22.3 The parties shall designate a Medical Review Officer (MRO) to review all confirmed positive
test results and communicate those results to the Employer. The MRO shall have the
responsibility to determine when an individual has failed a drug test in accordance with the
standards enumerated herein. The MRO shall retain all records of all positive tests for at
least five 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 ~ f~~~-L~-~,1~~ , 2007 at Auburn,
Washington.
CITY OF AUBURN
:~., ~ _~
~~~
_~
By: ._.
Mayor
it ctor of uman sour es
AUBURN POLICE MANAGEMENT ASSOCIATION
By: ~%2%
Auburn Police Management Association
Auburn Police MANAGEMENT ASSOCIATION
January 1, 2008 -December 31, 2010
Page 22
By:
City Jerk
Appendix "A"
2008
CLASSIFICATION BASE WAGE
Commander $4,307.04 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 (3.0%) COLA plus aone-half percent (0.5%) Market Adjustment for a total package increase
of three and one-half percent (3.5%) applied to the 2008 Commander base wage schedule.
2010 PAY PLAN
Three percent (3.0%) COLA plus a one percent (1.0%) Market Adjustment for a total package increase of
four percent (4.0%) applied to the 2009 Commander base wage schedule.
Auburn Police Management Association
January 1, 2008 -December 31, 2010
Page 23
. MEMORANDUM OF UNDERSTANDING
_ By and Between
CITY OF AUBURN
And '
AUBURN POLICE IIAANAGEMENT ASSOCIATION
The City of Auburn and The Aubum Police Management Association, agree to the
following Memorandum of Understanding as it applies to Article 4, Hours of Work, in the
2008-2010-collective bargaining agreement, as follows:.
1. Pursuant to Article 4, Section 4.1 of the Collective Bargaining Agreement, the
City has decided to implement a 9 x 80 work schedule for the Police
Commanders: The parties agree that this schedule will be implemented on a test
basis for a period of up to four months with a review conducted in mid-December,
- 2008. The City cetains the discretion to return to a 5x8 schedule at any time. The
parties agree that the 9x80 schedule will become effective as soon as practicable
upon signature of this Memorandum of Understanding.
2. During #his four month test period, employees will work a 9x80 work schedule;
provided that following the four (4) month test period the City retains the
discretion to assign work schedules as necessary. Both parties further agree
that the City will set the work week for each employee.
a. Once scheduled for the 9x80 work schedule, no changes to the schedule
or "swaps" will be allowed unless agreed to by the City.
b. There will be no changes to accrual rates (i.e. holiday pay, sick leave,
vacation accrual; etc.) or benefits.
c. Bereavement leave and holidays remain defined as 8-hour days. If a
holiday falls on a 9-hour scheduled work day, the employee will take eight
(8) hours of holiday and one (1) hour of any other paid time off other than
sick leave. If the holiday falls on a day on which the employee is not
scheduled to work, the employee wilf "tiank" eight (8) hours of holiday for
use during the next 365 days, at the superyisor's discretion.
d. Every effort will be made by the employees to schedule personal
appointments on the "flex tlay" (day of). Exceptions shall be approved by
the Police Chief only (or designee during absences).
e. The City reserves"the right to discontinue the 9x80 work schedule program
in whole or part at any time. Said discontinuation shall not be subjecf to
the grievance process or any claim of prevailing rights. C:WIy documents\ContractsWlOU 9x80 0808 (2).doc Page 1 d 2
f '
~ •
♦ •
Excepf as expressly amended herein, -all other provisions of the January 1, 2008
through December 31, 2010 collective bargaining agreement between the City of
, Aubum and the Auburn Police Management Association, remain in effect.
2008, at Aubum, Washin ~
Signed this ~ day of. S?~~ , gton
CITY OF AUBURN AUBURN POLICE MANAGEMENT
ASSOCIATION
By: - - BY:
Bren a Heineman .
Human Resources Director
C:UtAy documents\ContractsWlOU 9x80 0808 (2).doc Page 2 of 2
P, 't- S 4 2- -7 -3
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
and the
AUBURN POLICE MANAGEMENT ASSOCIATION
The City of Aubarn and the Auburn Police Management Association, agree to the following
Memorandum of Understanding as it applies to Article 8, Health and Welfare, Section 8.5, in the
2008-2010 collective bargaining agreement, as follows:
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 shall be funded by: (1) Bi-monthly employee contribution
of 2% base annual sala'ry, 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.
Effective April 1, 2009, through December 31, 2009, the City will cease making a
contribution to VEBA due to the extraordinary financial situation of the City. Further,
both parties agree to meet in November 2009 to discuss the 2010 budget status.
Except as expressly amended herein, all other provisions of the January 1, 2008 through
December 31, 2010 collective bargaining agreement between the City of Auburn and the
Auburn Police Management Association, remain in effect.
Signed this / day of /}ele/G , 2009, at Auburn, Washington
CITY OF AUBURN
sy.
(-,v.Brenda Heineman
Human Resources Director
AUBURN POLICE MANAGEMENT
ASSOCIATION
.
By.
Willard Lathrop, Commander
Auburn Police Management Association
N:\My Documents\0209 Dpt Budget DocumentsWlOUPoliceMgmtAssocConcession0409.doc
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN .
and the
AUBURN POLICE MANAGEMENT ASSOCIATION
The City of Aubum and the Auburn'Police Management Association, agree to the following Memorandum
of Understanding as it applies to Article 8, Health and Welfare, Section 8.5, in the 2008-2010 collective
bargaining.agreement; as follows:
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 retiremenf inedical insurance trust,;which shall be administered by the
Association. Alt contributions made on behalf of each eligible e,mployee will be based on the
individual's annual base salary with one mid year adjustment"rf needed. It is understood that all
defined eligible employees will be required to sign and submit to the Cify of. Au6um an MSA
VEBA Membership Enrollment Form. The Commanders' MSA VEBA shall be funded by: (1) Bi-
monthly employee contribution of 2% 6ase 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.
Effective January 1, 2010, through December 31, 2010; the City will continue (See MOU dated
April 14, 2009) to cease making a contribution to VEBA due to the extraordinary financial situation
of the City.
Further, the parties recognize in making this concession their mutual desire,to avoid the reduction in rank
of any current members of the bargaining unit. The City cannot guarantee that it wiU be able to continue ,
to avoid making any reduction of rank within this unit, but will meet with the Association in that event to
first discuss other possible cost saving measures including reduction of the unit by attrition. Should a
reduction in rank of the current membership become necessary because of economical reasons, ttie City
will begin making its two percent (2.0%) VEBA contribution, in accordance with (1) and (4) above, fFjrough
the end of the collective bargaining agreement, effective the first pay period following the reduction:'in .
rank. Similarly, 'while agreeing to meet with the City to discuss further-concessions if, necessa'ry, the
. Association cannot guarantee that it will agree to such concessions or be willing to continue the current
concessions 6eyond December 31, 2010.
Except as expressly amended herein, al( other provisions of the January 1, 2008 through December 31,
2010 collective bargaining agreement befinreen the City of Aubum and the Aubum Police Management
Association, remain in effect.
Signed this day of at Auburn, Washington
CITY OF AUBURN AUBURN POLICE,MANAGEMENT ASSOCIATION
.
By: By:
a Heineman. Willard Cathcop, Commander :
Human Resources Director Aubum Police Management Association
N:1My Documents12010 Budget DocsWIOUPoIiceMgmtAssocConcession1209.doc Page 1 of 1
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
and the
AUBURN POUCE MANAGEMENT ASSOCIATION „
The City of Aubum and the Aubum Police Management Association agree to extend the 2008-
2010 collective bargaining agreement ("Agreement"), and exiting Memoranda of
AgreemenUUndersfanding ("MOU") #or an additional one (1) year term. Except as modified.
herein, all terms and conditions of the 2008-2010 Agreement and MOU will remain in full force
and effect through December 31, 2011.
ARTICLE 5 CLASSIFICATIONS AND SALARIES
Section 1. Employees covered by this Agreement shall be compensated as set forth in
Appendix A, (which is the same salary and longevity scale as in 2010. Appendix A shall be
considered a part of this Agreement. Paydays for employees covered by this Agreement shall
be on #he W' and 23nd of each month.
ARTICLE 8 HEALTH AND WELFARE
8:1 A health care, dental care, orthodontics and life insurance program shall be granted to
eligible, active, full time employees and their dependenfs. Except for group medical insurance
for spouse and children as provided in Section 8.2 herein, tfie cost shall be paid by the City.
Said program shall consist of:
a. Association of Washington Cities (AWC) Regence HealthFirst Plan (PPO) or AWC Group
Health Plan
b. Washington dentaf Service Plan F: Orthodontia Plan 1; with the annual maximum of $1,500
per covered insared and a lifetime orthodontic maximum of $500.00 per covered insured; or the
Willamette Dental Plan. The City w'ilf pay up to what it pays for the applicable Washington
Dental Service Plan F.
c. Usion Services Plan (full family, $10.00 deductible)
d. Standard Life Insurance (death benefit of $5,000)
The Association agrees to continue to cooperate with the cify in the study of cost containment
measuces. The Association will appoint one member of the Association's negotiations team to
the City's Health Carte cost Containment Committee. - '
, - 8.2 For HealthFirst, the City will pay one hundred percent (100%) of the premium for
employees through the duration of this memorandum. The City shall pay ninety percent
(90%) of the premium for the employee's enrolled spouse and dependents through the
duration of this memorandum with the employee paying the remaining amount of the
monthly premium for his/her spouse's and each dependents' medical insurance. The City
will continue to make available the AWC Group Health medical insurance plan with the
, City:paying tfie premium up to a maximum amount the City would pay for the employee's
spouse and each dependent if employee selected Regence HealthFirst Plan, whichever is
L:1Collective BargaininglCommanders\CBA2011-13\FinaICDR2011CBARolloverMOU1210.doc Page 1 of 2
less, for the duration of this contract with the employee paying the remaining amount of
the monthly premium for his/her spouse's and each dependents' medical insurance.
8.5 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 Aubum agrees to provide a mandatory
payroll deduction for this post retirement medical insurance frust, which shall be
adminisfered by the Association. All contributions made on behalf of each eligible
employee will be based on the individuaPs 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 Aubum an MSA VEBA Membership Enrollment Form.
The Commanders' MSA VEBA 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.
Effective January 1, 2014, through December 31, 2011, the City will continue to cease
making a contribution to VEBA due to the extraordinary financial situation of the City.
Furthec, the parties recagnize in making this concession their mutual desire to avoid the
reduction in rank of any current members of the bargaining unit. The City cannot guarantee that
it wil_I be able fo continue to avoid making any reduction of rank within this unit, but will meet with
the Association in that evenfi to first discuss other, poss'ible cost saving measures including
reduction of the unit by attrition. Sfiould a reduction in rank of the currenf inembership become
necessary because of economical reasons, the City will begin making its two percent (2.0%)
VEBA contribution, through the end of this Memorandum of understanding, effective the first pay
period following the teduction in rank. Similarly, while agreeing to meet with the City to discuss
further concessions, if necessary, the Association cannot guarantee that it will agree to such
concessions or be willing to continue fhe cuRent concessions beyond December 31, 2011.
Except as expressly amended herein, all other provisions of the January 1, 2008 through
December 31, 2010 collective bargaining agreement. and succeeding MOU between the City of
Aubum and International Associafion of Machinists and Aerospace Workers, District Lodge No.
160, remain.in effect.
Signed this day of ~'fC , 2010, at Auburn, Washington
CITY OE AUBURN AUBURN POLICE MANAGEMENT ASSOCIATION
gy. ~ gy: _
- r nda Heineman Representative
Human Resources Director
L:\Collective BargaininglCommanderslCBA2011-13\FinaICDR2011 CBARolloverM1A0U1210.doc Page 2 of 2
2011 POUCE COMMANDER SALARY SCHEDULE
LONGEVITY 1-1-1)
POUCE CDR BASE. WAGE 2.0% 3.5% 5% 6.5% 8% 9°k
PAY GRADE 47 5 YEARS 8 YEARS 11 YEARS 14 YEARS 17 YEARS 20 YEARS
COMMANDER
1/1/2010 $53.49 $1.07 $1.87 $2.67 $3.48 $4.28 $4.81.
$4,636.10 $92.72 $162.26 $231.81 $301.35 $370.89 $417.25
$9,272.20 $185.44 $324.52 $463.62 $602.70 $741.78 $834.50
$111,266.40 $2,225:28 $3,894.24 $5,563.44 $7,232.40 $8,901.36 $10,014.00
COMMANDER
1/1/2011 $53.49 $1.07 $1.87 $2.67 $3.48 $4.28 $4.81
$4,636.10 $92:72 $162.26 $231.81 $301.35 $370.89 $417.25
$9,272.20 $185.44 $324.52 $463.62 $602.70 $741.78 $834.50
$111,266.40 $2,225.28 $3,894.24 $5;563.44 $7,232.40 $8,901.36 $10,014.00
2011.COLA.per:mou. 100.00% Per MOU City eliminates 2% contribution to VEBA for 2011
$600tyr clothing atlowance added to base salary in 2008
5:16 PM 12120/2010 _
L:Compensation/PaySchedules
City of Auburn - 2011
Commanders
Regence Washington HealthFirst (Formerly PPO)
Monthly Monthly Monthly Monthly
Total Cost Total Cost City Cost Employee Cost
1 /1 /2010 1 /112011 1 /1 /2011 1 /1 /2011
Em lo ee - LEOFF 2 $514.46 $568.00 $568.00 $0.00 City Employee
S ouse $516.42 $571.90 $514.71 $57.19
1st De endent $251.65 $280:20 $252.18 $28.02 Employee - LEOFF II $568.00 $0.00
2nd+ De endent $207.76 $231.80 $208.62 $23:18 Spouse $514.71 $57.19
Ee+S use $1,030.88 $1,139:90 $1,082.71 $57.19 1st Dependent $252.18 $28.02
Ee+S use + 1 $1,282.53 $1,420.10 $1,334:89 $85.21 2nd Dependent $208.62 $23.18
Ee+Spouse + 2 or more
De endents $975:83 . $1,651.90 $1,543.51 $108.39
Ee+1 Dependent $251.65 $848.20 $820.18 $28.02
Ee+2 Dependents $459.41 $1,080.00 $1,028.80 $51.20
City pays 90% of dependent premium, employee pays 10%; City pays 100% of employee premium
City of Aubum - 2011
Commanders
Group Health Cooperative
Mo.nthly Monthly Monthly Monthly
Total Cost Totaf Cost City Cost Employee Cost
1/1/2010 1/1/2011 1/1/2019" 1/1'/2011
Em lo ee - LEOFF 2 $459.79 $497.83 $497.83 $0.00 City Employee
S ouse $452.15 $490.19 $490:19 $0.00
1 st De endent $229.08 $248.34 $248.34 $0:00 Employee - LEOFF II $497.83 $0.00
2nd+ De endent $229:08 $248.34 $208.62 $39.72 Spouse $490.19 $0.00
Ee+S ouse $911:94 . $988.02 $988.02 . . $0:00 1 st Dependent $248.34 $0.00
Ee+S ouse+ 1 $1,141.02 . $1,236.36 $1,236:36 $0:00 2nd Dependent $208.62 $39.72
Ee+Spouse + 2 or more
De endents $1,370:10 $1„484.70 $1,444:98 $39.72
e+ epen en 688:87 : 746.17 746.17 ; 0:00
Ee+2 Dependents $897.49 : $994:51' $954.79 ! $39.72
City pays per dependent premium up,to the amount City would pay, for HealthFirst ,
or maximum GH: premium, whichever is lowest; employee pays the remainder
F:/PAYROLUPREMIUMS 2011MasterMedicalCharts(Carryover):xls Cdrs,
121211201 0 1 0:20 AM ~
/ZrA. 4'Z 7 3
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
and the
AUBURN POLICE MANAGEMENT ASSOCIATION
The City of Aubum and the Aubum Poiice Management Association agree to extend the 2008-
2010 collective bargaining agreemeM ("/�qreemerrt°j, and ezisting current Memoranda of
AgreemenWnderstanding ("MOU") effective January 1, 2012 through December 31, 2012.
Except as modified herein, all terms antl conditions of the 2008-2010 Agreement and MOU will
remain in full force and effect through Deoember 31, 2011.
ARTICLE 5 CLASSIFICATIONS AND SALARIES
Section 1. Employees covered by this Agreement-shall be compensated as ;set forth in
Appendix A, (which is,the same salary and longevity scale as in 2010. Appendix A shall be
considered a part of tfiis Agreement: Paydays for employee`s oovered bythis Agreement shall
be on the 8`" and 23`' of each month.
ARTICLE 8 HEALTH AND WELFARE
8.1 A health care, dental care, orthodontics and Iffe insurancg program shall be granted to
eligible, active, full time employees-and their dependerits. Except for group meclical insurance
for spouse and children as provided in Section 8.2 herein, the cost shall be paid by the City.
Said program shail consist of:
a. Association of Washington Ci4ies (AWC) Regence HealthFirst Plan (PPO) or AWC Group
Health Plan
b. Washington derrtal Service Plan E Orthodontia Plan 1; with the annual maximum of$1,500
per covered insured,and a lifetime orthodoMic maximum of$5U0.00 per covered insured; or the
_ .
�Ilamette Den4al Plart. The City will pay up to what it ,pays for the applicable Washington
Dental Service Plan F.
c. �sion Services Plan (full famiiy, $10.00 deductible)
d. Standard L'rfe insurance (death benef¢of$5,000)
The Association agrees to continue to cooperate with the City in the study of cost containment
measures. The Association will appoiM one member of the Associafion's negotiations team to
the City's Health Carte cost Containment Committee.
8.2 Employees electing coverage under the AWC HealthFirst (PPO) Plan will pay a premium
cosY share of $50.00 per manth, for enrolled, eligible, qualfied spouse and dependents,
regardless of family size. The City wiil pay the remainder of the premium. For employees
who select Group Heakh.Cooperative, the City virill pay tFie same premium cost share it
pays toward the HealthFirst (PPO); per enrolled spouse and dependent, with an
equivalent family size. The employee will pay the remainder.
L\ColleeNre Bargaining�Cammanders\CBA20121CDRFina12012CBARolloverM0U0811.doe Page 1 of 2
Except: as expressly amended herein, all other provisions of the January 1, 2008 through
Decem6er 31,2010 collective bargaining agreement and;current, s.ucceeding MOU between the
City of Aubum and Aubum Police ManageineM Association, remain in effect.
Signed 4his ���► day of �Cp�+'»b�/, 2011, at Aubum, Washington
CITY OF AUBURN AUBURN POLICE'MANAGEMENT ASSOCIATION
By ' � By:
enda eineman Representative '
Human Resources Diredor
L�CallectNe Bargaining\Commanders1C6A2012�CDRFina12012CBAROIIoverMOU0911�.doc Pege 2 of 2
�, yl � 3
MEMORANDUM OF UNDERSTANDING
By and Between
CITY OF AUBURN
And
AUBURN POLICE MANAGEMENT ASSOCIATION
The Ciry of Auburn and Aubum Police-Management Association, agree to the following
Memorandum of Understanding as it applies to Article 6 - HOLIDAYS, in the 2008-2010
collective bargaining agreement, as follows:
To clarify the observance ofthe Washington's Birthday holiday specified in Article 6;
above, the Ci,ty and the union agree that Washington's Birthday holidays will be
observed on the date of the federal PresidenYs Day holiday.
FuRher, both parties agree to change the Washington's Birthday holiday
designation, ff included in future collective bargaining agreements, to PresidenYs
Day.
Except as expressly amended herein, all other provisions of the January 1, 2008
fhrough December 31, 2010 collective bargaining agreement and active MOU between
the City of Auburn and the Aubum Police Management Association, remain in effect.
Signed this__�day of , 2012, at Aubum, Washington
CITY OF AUBURN AUBURN POLICE MANAGMENT
ASSOGIATION
By: By:�� C��
B nda Heineman comma�pE� f1�i�(E Ni�man�
Humarr Resources Director
L•�Colledive Bargaining\Commanders�CBA200&10UAOU Was�ingtcnsBlrtEayObservance0112.doc Page 1 of 1