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HomeMy WebLinkAbout4957 RESOLUTION NO. 4 9 5 T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE COLLECTIVE' BARGAINING AGREEMENT BE'TWEEN THE CITY OF AUBURN AND THE _ AUBURN POLICE SERGEANTS' ASSOCIATION WHEREAS, the City of Aubum recognizes the Aubum Police Sergeants' Assoaation as the exclusion bargaining representative for all active employees designated as Commissioned Law Enforceme� Offices, rank of Sergeant; excluding all other employees of the departrnerrt and as certfied by the Public Employees Relations Commissions Case No. 25190-E-12-03750; and WHEREAS, in connection therewith, the City of Aubum and the management of the Aubum Police have negotiated a Collective Bargaining Agreement for the years 2013 —2015; and WHEREAS, the Agreement sets forth the mutual understanding and agreement aF the parties relative to salaries and conditions of employment for those employees for whom the City recognizes the Auburn Police Sergeants' Association as the collective bargaining representatives; and WHEREAS, it is appropriate for the City Council to approve the Auburn Police Sergeants' Collective Bargaining Agreement for the years 2013—2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OFAUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Resolution No.4957 May 14, 2013 Page 1 of 2 Section 7. The Mayor is hereby authorized to execute a Collective Bargaining Agreement by and the between the Ciry ofiAubum and the Aubum Police Sergeants' Collective Bargaining.Agreement for the years 2013 — 2015, in substantial conformiiy with the Agreement attached hereto, marked as Exhibit "A° and incorporated herein by this refe�ence. Section 2. The Mayor is hereby authorized to implemerrt such administrative procedures as may be necessary to carry out the directives of fhis legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this o�4�day of � , 2013. n � PE ER B. LEWIS, MAYOR ATTEST: Da ' le . Da"skam, City CIeFk APPROVED AS TO FORM: niel B. Hei , City ttomey _._ Resolution No. 4957 May 14, 2013 Page 2 of 2 � .._ COLLECTNE BARGAINING AGREEMENT 2013-2075 THE CITY OF AUBURN AND AUBURN POLICE SERGEANTS' ASSOCIATION TABLE OF CONTENTS ARTICLE 1 - RECOGNITION AND BARGAINING UNIT............................................. 4 ARTICLE 2 -ASSOCIATION MEMBERSHIP AND DUES DEDUCTION .................... 4 ARTICLE 3 -ASSOCIATION ACTIVITIES .................................................................. 5 ARTICLE 4 - HOURS OF WORK AND OVERTIME.................................................... 5 ARTIGLE 5 - CLASSIFICATIONS AND SALARIES.......:.....:.....:.....:..:..:.....:............... 8 ARTICLE6 - HOLIDAYS............................................................................................ 10 ARTICLE7 -VACATIONS......................................................................................... 11 ARTICLE 8- HEALTH AND WELFARE .:.....:.......:..:.................................................. 11 ARTICLE 9- PENSIONS........................................................................................... 14 ARTICLE 10 - JURY DUTY .............................................................:.....:....:.....:.....:... 14 ARTICLE 11 - SICK, DISABILITY, BEREAVEMENT AND EIv1ERGENCY LEAVE .... 14 ARTICLE 12 - UNIFORMS AND CLOTHING ALLOWANCE........,.......,.,................... 18 ARTICLE 13 - EMPLOYMENT PRACTICES...........:..........:.....:.....:..:........................ 19 ARTICLE 14 - MANAGEMENT RIGHTS ................................................................,...:21 ARTICLE 15 - GRIEVANCE PROCEDURE.............:.:..:...........:.................................22 ARTICLE 16 -WORK STOPPAGES ..........................................................................23 ARTICLE 17 - BUCLETIN BOARDS ...........:.....:..:..:...........:.....:.................................24 ARTICLE18 - BILL OF RIGHTS.................................................................................24 ARTICLE19 - SAVINGS CLAUSE ............................................................,...........,....26 ARTICLE 20 - ENTIRE AGREEMENT.......................................::.....:..:....:.................26 ARTICLE 21 - RETENTION OF BENEFITS ...............................................................26 ARTICLE 22 - DRUG TESTING .................................................................................26 C:�DOCUments and�SettingskldaskamLLowi Settings\Temporery IMemet Files\CanteM.Outlobk\073GBE5J�FinalAubumSergeantGu iId2013CBA(051513).doc Page 2 of 36 INDEX CONTINUED' ARTICLE 23- DURATION......................................:....................:...........:.....:.........:.30 APPENDIX ��A,�............................................................................................................ 3T APPENDIX ��B...:..:...:..:..:..........:.....:....:........................:..............................................32 C:�Documenta and�SettingsWdaskamLLocal Settings\Temporary Intemet .FileslContent.OutlookW73G8E5U�FinalAubumSergeantGuild2013CBA(05157 3).doc �Page 3 of 36 '' AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND AUBURN SERGEANTS' ASSOCIATION 2013-2015 This Agreement is beiween the City of Aubum (hereinafter called the "City") and fhe Aubum Police Sergeants' Association (hereinafter called 4he "Association") for the purposes of setting forfh the mutual understanding of the parties as to conditions of employment for those employee.s for whom the City recognizes the Association as the collective bargaining representative. ARTICLE 1— RECOGNITION AND BARGAINING UNIT 1.1 The City recognizes 1he Auburn Police Sergeants' Association as the exclusive bargaining representative for all active employees designated as Commissioned Lavir Enforcement Officers, rank of Sergeant, excluding all other employees of the department, and as cert�ed by the Public Employees Relations Commission Case No. 25190-E-12- 03750. ARTICLE 2 —ASSOCIATIONASSOCIATION MEMBERSHIP AND DUES DEDUCTION 2.1 Employees shall, as a condition of employment, either become members of the Association or pay a service fee to the Association within thirty-one (31) days of employme�t or within thirty-one (31) days of the execution date of this AgreemeM. 2.2 Failure by an employee fo abide by the above provisions shaU constitute cause for discharge of such employee provided that when an employee fails to fu�ll the above obligation, the Association shall provide the employee a_nd the City thirty (30) days notification in writing of the Association's request to initiate discharge action. During this period, the employee may make restitution in the amount which is overdue. Should 4he employee make such restitution, the request fo� 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 mon4hly 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 reguest: C:1Documents and SettingsWdaskam\Local Settings\Temporary�lntemet Flles\ContentOutlaok\073G8E5J1FinalAutiumSergeantGuild2013CBA(051513).doc Page 4 of 38 � � ARTIGLE 3—ASSOGIATIONASSOGIATION ACTIVITIES 3.1 The Business Representafive of the Association shall be allowed access to all facilities of 4he City wherein the employees 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 shall conduct any Association business apart from activities related to contract administration on City time and no Association meetings will be held on City time or premises unless authorized by the Chief of Police, or designee. Off duty meetings may be scheduled and held on Ciry premises. 3:2 The City agrees that employees covered by this Agreement shall not be discharged or di§criminated againstfor upholding Associatiom principles or forperfoRning duties authorized by the Associa4ion, so long as these activities do not interfere with normal work processes of the City. 3.3 The employer will attempt to allow such members of the Association as may be designated 6y the Association, notto 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 Aubum, including mediation. Interest arbitration hearings shall also be included under this provision, provided that such leave shall not result in additional cost to the City. 3.4 The Association shall have access and use of a copy machine through City Administration at $.15 per copy. ARTICLE 4— HOURS OF WORK AND OVERTIME. 4:1 Hours of Duty —The Chiefi 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: While this section shall be construed as a waiver regarding the scheduling of indivitlual employees to shifts, it sHall not be construed as a waiver of the Association's right to demand bargaining over City proposed changes in the length of the work shifts themselves. 4.2 Shift Schedule — Patrol Sergeants shall work triventy (20) months on their primary shift schedules and four (4) months on their altemate shift schedules. Shift bids shall be awarded based on seniority within the Sergeant class�cation. 4.3 Trainin : a. Training will be scheduled during the employee's regular shift whenever reasonably feasible. b. If training cannot be reasonably scheduled during the employee's regular shift, it will be scheduled so that employees have a minimum of eight (8) C:\Documents and SettingsWdaskam�local Settings\Temporary Internet Filea\ConteM.Outlook\073GBE5J1FinalAUbumSergeantGuild2013CBA(051513).doc Page 5 W 38 hours of separation between the end of the employee's work shift and the beginning of the training session. Similarly, there shall be a minimum of eight (8) hours of sepa�ation between the end of the training session and the beginning of the employee's next scheduled shift. This requirement may be waived upon the voluntary written request of an employee. c. The parties agree that the administration may alter an employee's regular days off schedule to accommodate training; proVided that the employee is given seven (7) days notice of the alteration, and provided further that any days off must be rescheduled before the end of the pay period during which the rescheduling occurred. The Sergeant may choose to schedule his/her days off during the succeeding pay period upon approval of the Police Chief, or designee. 4.4 Overtime — Except as otherwise provided in this Article, employees shall be paid at the rate of time one and one-half(1 %z) of their regular rates of pay as defined by the FLSA for: a. All hours worked outside the regularty assigned shift in any one day. b. All hours worked on a regularly, scheduled day off; and c. The hours worked on the first and last day of a changed shift unless written notice no less 4han seven (7) calendar days in advance of the shift change from the employee's regular shift is given to the employee. All overtime must be authorized by the Chief of Police, or designee. In all cases to compute overtime, or pay at an overtime rate, the nea�est one-quarter (1/4) hour shall be used. Overtime work aYthe SergeanYs level shall first be offered to Sergeants before it is given to a Police Officer on an out-of-class basis. Sergeants will notify their supervisor of the steps taken to fill the vacancy. There shall be no remedy for violations of this Section committed by a Sergeant. � 4.5 Comnensatorv Time — Payment for authorized overtime hours worked shall be pay or compensatory time at the employee's option, such option to be exercised at the time earned. Compensatory time shall be earned and accumulated at the rate of one and one- haff (1%:) hours for each overtime hour worked; provided that the maximum allowable accrual shall be one hundred and twenty (120) hours ofcompensation. All compensatory time accumulated by an employee in excess of forty (40) hours as of the 1b�h of November shall be paid at the employee's then current rate of pay at the last payday of November. At the option of the employee, any or all of the remaining forty (40) hours may be paid at that time, but no more than forty (40) C:�Documents and Settings�ddaskam�Local Settings\Temporary1ntemet FileslContent.Outloak1073G8E5J�FinalAUburnSergeantGuild2013CBA(051513).doc Page B of 38� hours of accumulated compensatory time shall be carried past the 30"' of November. The parties agree that it is unduly disruptive to the operations of the Auburn Police Department for employees to give less than forty-eight (48) hours written notice of their intent to use up to two (2) days of compensatory time off and an additional day of notice for every consecutive compensatory day off thereafter. This section shalf be construed so that, for instance, the use of five (5) consecutive days of compensatory time off will require that the employee give the department a minimum of five (5) days written notice of his/her intent to do so. Compensatory time off can be used by employees. with less notice, provided they obtain authorization from the Chief of Police, or designee. The parties agree that it is unduly disruptive for employees to request the use ofi compensatory time off on any recognized holiday as set forth in Article 6 Section 1, when the granting of such time off would requiYe the City to force another employee, who is not scheduled to work, to cover the shift. 4.6 Callback — If an employee is called back to duty, he/she will be guaranteed a minimum of three (3) hours at one and one-half(1 Y:) his/her hourly regular rate. 4.7 Court Time—An employee required to testify in court on behalf of the Auburn Police Department during off duty hours shall be paid a minimum of four (4) hours at one and one-half (1%:) times his/her hourly regular rate of pay for such attendance, except where such attendance, is an extension of the end of his/her regularly scheduled shift at which time normal overtime procedures will apply. Minimum court time shall be paid unless the court appearance cancellation information is available to the employee by 5:00 p.m. the day before a required appearance. For couct attendance, paid time shall be based on portal-to-portal from the Aubum Police.Department to the court and return.. 4.8 Standbv—The Ciry and the Association agree that the use of standby time shall be cdnsistent with sound law enforcement practices and the maintenance of public safety. Employees formally placed on standby status shall be compensated on the basis of four (4) hours straight-time pay for eight (8) hours or fraction thereof. If an employee is actually called back to work normal overtime shall apply. Employees will be compensated when called back either through normal overtime or four (4) hours straight time, whichever is greater. Employee's who are "engaged to wait" within#he meaning of the FLSA and are restricted in their movement shall have all such time considered as time worked at either the overtime or regular rate of pay as the circumstances warrant. 4.9 Cancellation of Court A�aearance — When an employee complies with all departmental procedures on the day prior to a court appearance, and is notified on that date that the court appearance is still scheduled for the ne�ct day, the employee shall be entitled to receive the minimum payments provided by fhis Agreement even if the court appearance is thereafter canceled. C:1DOCUments�and SettingslddaskamlLOCaI SetGnga\Temporary IMemet Flles\Content.0utlook\073G8E5J�Fina W ubumSargeantGuild2013CBA(051513).doc Page 7 ot 38- 4.10 Cxtra Dutv — From time to time, outside organizations/businesses may request specific support from the City (e.g. security, traffic control, etc.) that may require participation by�the City's Police Department. Provisions of 29CFR Chapter V, � Wage and Hour Division, Department of Labor, Part 553, Section 227, and referenced paragraphs of the Act will govern extra duty. (1) Extra duty may onfy be performed when assignments are solely at the option of the individual Sergeant. (2) Sergeants performing extra duty are performing duties in the capacityof commissioned officers. (3) Extra duty may only be perFormed/scheduled so that the employee has a minimum of six (6) consecutive hours ofseparation betinreen an extra- duty assignment and a regular duty assignment. The six (6) hours separation can be scheduled ateither end ofthe extra-duty assignment and the corresponding regular duty shifts. If the employee perFormatwo (2) consecutive days of extra duty during the employee's regular work week, it is mandated that there be a minimum eight (8) hour rest period before the beginning of the next consecutive duty shift. Similarly, 4here shall be a minimum of eight (8) hours separation befinreen the end of the extra-duty employment and the beginning of the employee's next scheduled regular sh'rft should two (2) consecutive days of extra-duty employment be worked. (4) The City and the Association will periodically negotiate Sergeants' rate of pay for extra duty. Applicable taxes (federal withholding, FICA, etc.) will be withheld from that amount. Additional charges (i.e. L&I, employment taxes, pay at an overtime rate, minimum pay, holiday pay, administration fees, cancellation notice charges; etc.) will be added to the bill rate for outside organizations to cover payment of those costs. (5) Finance will be provided a copy of all documents changing negotiated rates of pay with a minimum of one pay period before implementation. 4.11 Davlight Savinqs Time. Employees who work a longer sh'rft when the clocks are moved back one (1) hour to Pacfic Daylight time in the fall will be paid for the time in excess of the employee's normal work day at the overtime rate of pay. Employees who work shorter shifts when the clocks are moved forvvard to Pac�c Dayligh4 time in the spring wilf have the option of choosing to work an additional hour so that the employee works a 10-hourshift orto use one (1) hour of paid time off (e.g. vacation, compensatory time, holiday banked, etc., but not sick) at the employee's discretion. ARTICLE 5—CLASSIFICATIONS AND SALARIES 5.1 Employees covered by this Agreement shall be compensated in accordance with the pay plan attached to this Agreement and marked Appendix "A°: This Appendix shall be considered a part of this Agreement. Paydays for employees covered by this Agreement shall be on the 8`h and 23rtl of each month. C:\Documents and SettingsWdaskam\Local SettingslTemporary Intemet Flles\Content.OuUook�073G8E5J1FInalAutiumSergeaMGuild2Dt 3CBA(051513).doc Page 8 of 36 5.2 Premium pay in the amaunt of four percent (4%) shall be applied to the straight time � hourly base wage for each Sergeant assigned.to Property Crimes, Persons Crimes, SIU, Traffic, Valley SWAT, and Training. Premium pay in the amount of six perceM (6%) shall be applied to the straight-time hourly base rate for each Sergeant assigned as Defensive Tactics Instructors. In no event will any employee receive more than six percent (6%) premium pay regardless of the number of specialty assignments he/she holds. a. The City will seek input from supervisory and command personnel before making assignmerrts of personnel to the specialty assignments in Article 5.2 of the labor agreement, provided that the parties recognize that the Chief of Police retains the ukimate right to select which Sergeants will be assigned to those duties. 5.3 Employees hired prior to January 1, 1996, assigned the job class�cation of Sergeant who have completed courses with a passing grade toward a degree shall be paid a percentage of their straight-time hourly rate as educational incentive based on the following schedule: 30 credits — 2%; 60 credits — 4%; AA Degree — 6%. College credits are defined as those credits that could be applied as general education requirements towards earning a degree (AA/BA/BS). Generally, these are courses number 100 and above. Courses that must be passed in order to qualify to enroll in introductory general education requirements (100-level courses) cannot be applied to this education incentive. Employees hired on or after January 1, 1996, shall be paid a percentage of their straight-time hourly rate as educational incentive based on the following schedule: job-related AA Degree 4%; BA or Master's Degree 6%. Associates degrees must be job-related. AA Degrees for which the City will pay education incentive as currently listed are: Criminal Justice (Law & Justice, Society & Justice) Sociology, Criminology, Psychology, Business, Political Science, and/or Public Administration. The City realizes that from time to time, AA Degree names change and, at its sole discretion, will review the curriculum of other like AA Degrees to determine if the content meets the intent of this Agreement. Education incentive pay shall be paid to employees only after the City has received an official transcript from the educational institution venfying the credits or degree received. Any official document from a person authorized to grant credits and degrees from such college or university may be accepted in lieu of the o�cial transcript, provided it is sent directly to the Police Chief and certified as true and correct. The City will reimburse employees for cost of the transcripts, provided the employee produces a receipt or copy of a canceled check. Employees in the Association will be eligible to receive tuition reimbursement of, a maximum of two thousand dollars ($2000.00) per calendar year in accordance with the procedures spec�ed in City Administrative Policy 200-50 - Tuition Reimbursement. C:�DOCUments�and Settings�ddaskamlLocal Settings\Temporary Intemet Files\Content.OutlookW73G8E5JVFina WubumSergeantGuild2013C8A(051513).doe Page 9 of 38 5.4 Longevity pay shalf be applied to the straight-time hourly 6ase rates of all employees covered by this Agreement who have completed continuous service 'in accordance with the following schedule: 5 Years 8 Years 11 Years 14 Years 17 Years 20 Years 2.0% 3.5% 5.0% 6.5% 8:0% 9.0% ARTICLE 6— HOLIDAYS 6.1 The following eleven (11) days are designated as holidays: New Year's Day Veteran's Day Lincoln`s Birthday ThanKsgiving Day PresidenYs Birthday Day after Thanksgiving Memorial Day Christmas Day Independence Day Martin Luther King Day Labor'Day The above designated hotidays shall begin at 0530 on the beginning of the holiday and shall commence through U600 of the following day. 62 An employee who is required to work on a designated holiday, as set forth in. Secfion 6.1, shall be compensated at the rate of finro and one-half'(2-1/2) times the employee's regular hourly rate of pay for each hour worked inclusive of the pay for the holiday worked. "Required to work" is defined as having been directed to work by the Chief of Police, or designee. Employees shall accrue and take holidays on a basis equivalenfto the assigned shifh hours (e.g.; employees on 8-hour shifts shall accrue and take eleven 8-hour holidays per calendar year and employees on 10- hour shifts shall accrue and take eleven 10-hour holidays per calendar year, etc.). When a holiday falls on an employee's regularly scheduled day off, he/she shall receive holiday hours as indicated above. Employees not required to work will observe the holiday on the date listed below or tiank the holiday. Employees may accrue upto a maximum of onehundred and forty (140) hours ofholiday leave, but in no event shall an employee accumulate in excess of one hundred and forty (140) hours unless, through no fault of the employee he/she was not able to take the leave. Non-essential employees that elecY to work on a holiday, as set forth in Section 6.1, shall be compensated at his/her regular hourly rate of pay and .shall bank the holiday. 6.3 The designated holiday shall be: New Year's Day January 1 Martin Luther King Day Third Monday in January Lincoln's Birthday February 12 Presiderrt's Birthday Third Monday in February Memorial Day Last Monday in May Jndependence Day July 4 C:�Documents and SettingsWdaskamLLocelSettings�Temporarylntemat FileslCoMent.Outlook�073G8E5J1FinaUlubumSergeantGuild2013CBA(051513).doc Page 10 oi 36 � Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25 6.4 Employees terminating service after completion of probation shall ' receive corripensation for vested, unused holiday time. ARTIGLE 7 -VACATIONS 7.1 Annual vacations with pay shall be granted to eligible employees on the following basis forsenrice 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 senrice of more than one (1) year, vacation leave credit shall accrue at the following rate: 1 to 5 years of continuous service 14 working days per year 6 to 10 years of continuous service 17 working days per year 11 to 15 years of continuous service 20 working days per year 16 to 20 years of continuous service 22 working days per year Over 21 years of continuous service 24 working days per year Employees shall take vacation leave on a one half ('/:) hour basis. A "working day" shall_be equal to eight (8) hours. 7.2 In no event shall an employee accumulate unused vacation leave in excess of two (2) year's annual vacation leave. Payment for up to five (5) days of accrued and unused vacation leave shall be made to an employee where the employee, through no fault of 4he employee, was not able to take all of his/her accrued annual vacation leave during the year authorized. 7.3 Vacation leave shall be scheduled by seniority within the Sergeant classification within the assigned division. 7.4 In the event of the death of an employee in active service with the City, accrued vacation leave that has not been taken shall be paid in the same mannerthat salary due the decedent is paid for any vacation leave:eamed in the preceding year and in the current year and not taken prior to the death of such employee. ARTICLE 8 — HEALTH AND WELFARE 8.1 A health care, dental care, orthodontics, and life insurance program shall begranted to elig'ible 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: C:�DOamems and SettingslddaskamLLOCaI Settings\Temporary Imemet Plles\Content.OutlookW73G8E5J1FinalAubu mSergeantGWId2013CBA(051513).doc Page 17.M 38 a. Association of Washington Cities/ Regence Blue Shield HeakhFirst (zero deductible) PPO Plan or Group Health; b. The employee's choice of Washington Dental Service Pian F w/ Orthodontia , Plan 1; or the Willainette Dental Plan. The City will pay up to what it paysfor the Washington Dental Service Plan F for those enrolled in the Willamette Dental Plan. c. Vision Services Eye Care; and d. Life Jnsurance wi4h a death benefit level of$30;000. e. In the event that the provider of the medical plan (The Association of Washington Cities Empfoyee Benefit Trust) discorrtinues offering the plan(s) or materially alters the plan(s), the City and the Association shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement medical plan(s). The Association agrees to continue to cooperate with the City in the study of cost containmenf ineasures. The City may seff-insure medical, dental, and/or vision insurance coverage orselect a neinr medical, dental,and/or vision insurance plan and shall make every effort to maintain sutistan4ially equivalent benefits at a reasonable cost. The City and the Union shall meet to explore alternative insurance coverage prior to selecting any new medical, dental, and/or vision insurance plans. The City recognizes its responsibility to bargairr with the Association the impact of those decisions. The Association will appoint one (1) member to the City's Health Care Cosf Containment Committee. 8,2 Each employee who enrolls his or her spouse or eligible children in AWC HealthFirst Plan shall pay ten percent (10%) of the premium cost each month. The City's contribution torivard medical insurance for spouse and children shall be a maximum of ninety percent (90%) of what it would pay, of the applicable AWC HealthFirst Premium. The City shall continue to make available the AWC Group Health (Plan 2 - $10 co-pay) medical insurance plan for those individual LEOFF II employees who elect to enroll themselves and their dependents. The City shall pay the premium up to a maximum amount the City would pay for the employee's spouse and dependent(s) if the employee selected Regence Heal4hFiFst (FPO), whichever is less, with the employee paying the remaining amaurrt of the monthly premium for his/her spouse's and each dependenYs medical insurance. 8:3 Domestic Partner Coverage: State-registered domestic partners and eligible dependants enrolled in AWC HealthFirst or AWC Group Health Plan 2 ($10 ca pay) will have monthly premiums paid at the same level as spouses and dependants in paragraph 8:2 above. C:VDOCUments and SettingsWdaskamLL.owl Settings\Temporary Irrtemet FileslCoMent.Outlook\073G8E5J�FinalAubumSergeantGuiltl2013CBA(05157 3).doc Page 72 0136 - � 8.4 Indemnitv and Defense: a. CIVIL CLAIMS: The Employer shall provide legal counsel or reasonable attorney's fees for representation and defense of civil lawsuits and hold employees harmless from any expenses, connected with the defense settlement or monetary judgments from such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the employee was acting in good faith in the performance or purported failure of performance of his/her o�cial 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 called by the King County Executive (or delegate) 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, ff the employee elects to select his/her own representation, the City will pay for reasonable legal services provided that the employee has acted in good faith in the performance or purported failure of performance of his/her official duties; and provided further thaY the employee was not engaging in criminal misconduct. The attorney selected by the employee must have a high level of experience in representing law enforcement officers in the use of force. The City shall have a reasonable right to approve the choice of counsel in light of the requirements described herein; enter into a third party payer agreement with the employee's private counsel; to review billings for such representation; and approve all payments in writing. In the event outside counsel is retained by the employee and the employee is subsequently convicted of a crime or it is determined by a court of competent jurisdiction that the employee was not acting in good faith arising out of the facts giving rise to the Inquest, the City shall be entitled to recover attorney's fees and costs it has expended on the employee's behalf from the employee. 8.5 Disability Insurance—The employer shall provide for a mandatory payroll deduction for a 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. 8.6 The CITY of AUBURN has adopted the MSA VEBA Medical Reimbursement Plan for all commissioned LEOFF II employees who do not have a military medical retirement plan. The City of Aubum agrees to provide a mandato,ry 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 adjustment is 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. C:1DOCUments-and Settingslddaskaml�ocal Settings\Temporary Intemet FIIeslContentOutlook\073G8E5J�Fina W ubumSergeaMGuiId2013CBA(051513).doc Page 13 ot 36 The MSA VEBA Plan shall be funded by a semi-monthly employee contribution of one percent (1%) base pay period salary. Effective January 1, 2013, the Gity will make a semi-monthly contribution of one percent (1%) of base pay period salary. In addition, to the current semi-monthly contribution "method of base annual salary listed above,both parties agree to 4hefollowing additional contribution method: Retirement contribution: All employees covered by this P�qreement, who retire from the Ciry of Aubum; shall transfer unused accumulated sick leave in accordance with the terms of the collective bargaining agreement at the time of the signing, into the trust. ARTICLE 9 - PENSIONS 9.1 Pensions for employees and contributions to pension funds shall be provided in accordance with the laws of the State of Washington for eligible employees.. ARTIGLE 1 Q—JURY DUTY 10.1 Time off with pay will be granted for jury dury. Employees shall be required to report for uvork 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 4hat shift in light of the court's location. The employee is required to contact:his/her supervisor, who will make the determination: In order to be eligible for such payments, the employee must submit a written statement (subpoena, etc.) from the appropriate public official (court clerk, etc.) showing the date and time served and the amount of jury pay recovered. The . employee must give the Chief of Police, or designee, prompt notice of call for jury duty. Employees are not required to return to the City per diem received for jury duty from the Court. 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., eighY(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 di§ability resulting from pregnancy or childbirth, orin accordance with the federal Family and Medical Leave Act or Washington Family Care Act. Any employee fountl to have a6used sick , leave by falsification or misrepresentation of same shall be subject to disciplinary action. Employees shall take sick leave on an hourly basis. a. Employees are required to use accrued paid time off during any state or federal Family and Medical Leave{FML) absence before using leave without pay. C:�DOCUments and SettingsWdaskamlLocal SeMingslTemporary IMemet Ffles\CoMeM.Outlook\073GBE5J�Fina W ubumSergeantGuild2013CBA(051513).doc Page 14 of 36 b. . Family and Medical Leave usage computations will be based upon a rolling twelve (12) monfh year beginning on the date an employee takes his/her frst FML Jeave. 11.2 A verifying statement from the employee's physician may be required by the Chief of Police, at his/her option, whenever an employee claims sick leave for three (3) days or longer, or after three (3) single sick leave claims in any calendar year or three (3) consecutive days, which ever occurs first. In requinng a physician's statement; the Chief, or designee, shall do so for the purpose of ensuring that. employees are utilizing sick leave benefits for the purposes intended by this Agreement. 11.3 Employe.es incapacitated by illness or injury shall notify the Chief of Police as far in advance of their scheduled starting time as possible that helshe is to report for duty. During periods of extended illness, employees shall keep the Chief of Police infocmed 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 step- children of the employee, employee's grandparents and grandparents-in-law, grandchildren ofthe employee, and step-parents. A domestic partner, as defined by state Jaw, shall receive the same rights as a legally married spouse for the purposes of this section of the Agreement. 111.5 An employee may use up to twelve (12) work weeks of leave each rolling year in accordance with the provisions of the federal Family Medical Leave Act (FMLA), Washington Family Leave Act, and City Policies and Procedures as follows: An employee who has worked for the City at least twelve (12) months, inGuding at least one thousand, two hundred and fifty (1250) hours in the last finrelve (12) months, may be entitled to twelve (12) workweeks of paid/unpaid leave in any twelve(12) morrth period (1) to care fora newbom 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 heaRh condition. An employee must give the Chief of Police, or his/her designee, at least thirty (30) days written notice by completing a Leave Request Form, in advance of 4he anticipated date the leave is to begin. 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/or any other paid leave accrued priorto using unpaid leave. Use of the above paid leave will apply toward the twelve (12) workweek entitlement, antl is not in addition to the entitlement. C:�Documerds and Settings�ddaskamLLowl'�Setlings\Temporary Intemet Fllea\Content Outlook\073G8E5J�FinaWutiumSergeantGu11d207 3C&4(051513).doc Page 15 c136 Upon return from the leave, the employee is entitled to retum to the same or comparable with the same level of compensation position held when the leave began unless the position would have been eliminated had the employee not been on leave. Care for a newbom or newly adopted child or newly placed foster child. FMLA leave must be taken within twelve (12) months of the birth,adoption, or placement of a child. If both parents are employed by the City, together fhey are entitled to a totaf of iwelve (12)workweeks of paid/unpaid leave under this paragraph. In the case of matemity; 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 (12) workweek period. Time loss due to disability prior to or following giving birth will be assessed towards the twelve (12) workweek period. Intermittent or reduced leave for birth or placement for adoption or foster care of a child may only be taken with Chief of Police approval. Certification by a health care provider may be required. Care of a child, parent, and/or spouse who has a serious or terminal health c.ondition, or to attend to a personal .serious health condition. Certification and/or second orthircJ opinions bya health care provider may be required for leave approval. Re-cert�cation may be required every thirty (30) days. A fitness for duty certificate signed by the consulting physician may be required upon retum from leave. Leave may be requested and granted on an intermittent basis or on a reduced workweek schedule rf medically necessary. The employee must provide medical certification within fifteen (15) days of the date requested. The employee must attempt to schedule his/her intermittent or reduced leave so as not to disrupt 4he City's operation. 11.6 For employees hired into the City prior to December 1; 1993, upon retirement, death, or terrnination of good standing (not termination for cause) the employee shall be reimbursed at cu�rent rate of pay for unused accrued sick leave up to a maximum of nine hwndred and sixty (960) hours in accordance with the following schedule based on confinuous 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.) b-14 years 25% C:�Dowrrrenb and Settings\dtlaskamU.ocel Settings\Temporary Irrtemet Fi leslCorrtent.Outlook1073G8E5JlFinalAubumSergeantGuild2013CBA(051513).doc Page 78 of 38 15-24 years 50% 25 years and over 100% Employees hired into the collective bargaining unit after November 30, 1993, shall be reimbursed at the current rate of pay for unused accrued sick IeaVe up to a maximum of nine hundred and sixty (960) hours in accordance with fhe following schedule based on continuous years of service: Upon Completion of Percent ofAccn.red Years of Service Unused Sick Leave 0— Completion of 14 Years 0% 14 years and over Upon retirement, death, or disability retirement, 35% 25 years and over With a minimum of four hundred and eighty (48U) hours of banked, unused sick leave, upon separation from employment in good standing, 45% 117 When an employee has accumulated nine hundred and sixty (960) hours (i.e., 120 days) of sick leave, sick leave shall continue to accumulate at the normaf rate of eighf (8) hours, [i.e., one (1) day] per month until the end of the calendar yearat which time all sick time accumulated by the employee in excess of nine hundred and siicty (960) hours shall be paid at twenty-five percent (25%) of the employee's then hourly base rate. 11.8 Effective January 1, 2014, the above cashouts listed in Article 11.6 and 11.7 shall be automatically contributed into the VEBA trust through payroll deduction on the employee's check. 11.9 When an employee covere.d by the LEOFF II Retirement System is disabled as the proximate result of an on-the job injury as covered by Washington State Workers' Gompensation and Industrial Insurance, the Ciry shall compensate 4he employee for 1he difference between his/her Workers' Compensation entitlement and his/her regular salary for a period not to exceed six (6) months or the terrnination of the disability, whichever comes first. To accomplish this, the City shall pay the employee-his/her regular salaryfonsaid period and the employee shall receipt to the City all time loss payments received from Workers' Compensation. This benefit shall only be granted prospec4ively from #he date workers compensation 6enefits are applied for unless the employee fails to make timely application because of physical incapacitation or for reasons beyond the employee's control. Employees shall have the right to claim benefits for the portion of a disability leave period prior to the date workers compensation benefits are applied for by receipting to the City any time loss benefds the emptoyee has received for that period. The City agrees C:�DocumeMs and�SettingsWdaskamlLocal Settings\Temporary IMemet Files\ContentOuUook�073G6E5J�FinalAu6umSergeantGuild207 3CBA(051513).dac �Page 17 of 38 � to maintain this section in the contract and the Association agrees to limit the sidc leave cash out for new hires. ARTICLE 12 — UNIFORMS AND CLOTHING ALLOWANGE 12.1 One (1) member of the Association shall be selected as a representative to the Uniform and Equipment Committee. Selection of the uniform/equipment committee will be by an agreement between the Assistant Chief and the Association President.. (The committee will meet on an as needed basis at least once per year.) The committee will be responsible for reviewing requests for changes to the equipment/uniform list(s) for general patrol and recommending changes provided they are consistent with the budgetary guidelines as determined by the Chief of Police.. Technological advances and equipment changes wilf require special attention. Uniform and equipment standards need to be kept up-to-clate. All requests for uniform/equipment replacement shall be submitted to the employee's immediate supervisor. Requests forunfform/equipment replacement will be completed as soon as reasonably possible. The department will designate the uniform/equipment supplier(s). Uniforms and eguipment will only be purchased/obtained from the designated supplier(s), inctuding voucher items. Specialty units may utilize specialty outlets/sources for some equipment needs. 12.2 Sergeants will be on a Quartermaster System and will be issued their full compliment of uniforms/equipmeM according to the list of agreed upon items im Appendix B that may change from time to time, as determined 6y the Uniform and Equipment Committee. The quartermaster issued lists of uniform and equipment items shall be reduced to writing (as they are established and changed and signed by the signatory parties to this agreement). All unifortns/equipment are owned by the City. 12.3 Sergeants will be entitled to have up to four (4) uniform items cleaned per week. 12.4 Non-Uniformed personnel inrill be given a clothing allowance of one percent (1%) per year of the employee's monthly base pay monthly and are entifled to have up to four (4) items dry cleaned or may have three (3) items dry cleaned and five (5) shirts laundered per week for maintenance of business attire. The Chief of Police will set the standards for appropriate business attire for the Department. The Un'rform Committee will make recommendations to the Chief of Police on business _ . _ attire. When casual attire is adopted, once implemented, affected personnel will be entitled to have up to three (3) items dry cleaned or may have tviro (2) items dry cleaned and two (2) shirts laundered per week for maintenance of business attire. Appropriate business attire shall include casual attire for non-unfformetl employees. The Chief of Police has the discretion of approving the attire items recommended by the Committee. Non-uniformed personnel will be on the Quartermaster System and will be issued clothing/equipment according to the list of agreed upon items. C:1Documenffi and SettingsWdaskamlLoaal SatGngs\Temparary Irrtemet � FileslCon4ent.0utlook�073G8E5J�Fina W ubumSergeantGuild20 t 3CBA(05157 3).dx Page 78 of 36 ARTICLE 13— EMPLOYMENT PRAGTICES 13.1 Lavoff. Whenever employees are appointed to a classification effective the same date, seniority shall be established by the highest average on the total examination. If the averages are equal, rank order will be established in accordance with Civil Service Rule 10. Personnel reductions through layoff procedures and reinstatemenY. from such layoffs sha�l be in accordance with the Civil Service Rules and Regulations of the City of Auburn. 13.2 Seniori . 1Nhenever employees are appointed to a classification effective the same date, seniorityshall be established by the highest average orrthetotal examination. If the ayerages are equal, rank order will be established in accordance with Civil Service Rule 10. 13.3 Workina Out of Classification. Any employee who is assigned to perform the duties of a higherpaying classification by #he appropriate authority will be compensated at that higher rate when the work performed is one (1) hour or more in duration. 13.4 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. 13;5 P_robationarv Periods. Probationary periods upon promotion and/or new hire shall not exceed one (1) year and may not be extended without the written agreement of ' the Association. A probationary period shall be extended for the number of workdays equal to the num6er of workdays an employee was absent 'in ezcess of ten (10) workdays during the probationary periotl. During a promotional probationary period an employee may be reverted to his/her former classification and such reversion shall not be subject#o the grievance procedure. 13.6 Employees called in to work while on approved vacation or holiday off will be compensated at #he appropriate overtime rate for hours worked and given credit for hours worked on thei�vacationJholiday time accounts. 13.7 Promotional Examinations: All promotions to positions outside of the bargaining unit shall be based solely on merit, e�ciency, and fitness —ascertained by open competitive examination. Examinations shall fairly, objectively, and comprehensively test for qualifications for the posi4ion. A general description of the process and methods of examination (i.e. written, oral, assessment center, etc.) and ident�cation of any portions for which a passing grade is required, weight assigned by the City to each component, minimum passing scores for any such portion, and minimum passing scores for the entire examination shall C:1Documents�and Settingslddaskam\LOCaI Settings\Temporary Intemet FileslContentOutlook\073G8E5J�FinalAubumSergeantGuild2013CBA(051513).doc Page 19 of 36 , � be included in the official examination notice, which shall be provided to tlie union/Association and posted conspicuously in the police station not less than thirty (30) days prior to the examination. Examination shall be prepared and administered by persons who are qualified by reason of suitable career experience. The identities of all examination participants shall be concealed from the examiners throughout the examination process. The Association may designate an observer to attend the development and administration of the examination. The examiner(s) shall have the responsibility of ensuring that the oliserver does not disrupt the examination process. Any observer is required to honor the confidentiality ofi the examination until such time as the examination results are posted. Candidates shall be allowed a period of five (5) business days following the completion of the examination, and prior to the posting of the candidate's scores, in which each candidate may inspect his/her summary sheets and a Qualitative Evaluation form. A Qualitative Evaluation Form will provide fhe candidates with information related to 4heir perFormance in all phases of the testing process and is intended to be comprehensive and contain the same criteria foreach phase of the testing process as the rating score sheets used by the assessors. The criteria and content of the Qualitative Evaluation Form will be mufually agreed upon by the Association observer and the City of Aubum. Candidates shall be prohibited from reproducing the documents inspected. A promotional list shall be maintained by the City for each promotional position within the bargaining unit and each list shall be valid for one (1) year, with the possibility of an extension for another year for a maximum total of two (2) years. Upom request for certification of names to fill a vacancy, the Secretary-Chief Examiner shall certify to the department head the three (3) names of the candidates standing highest on the appropriate eligibility list and willing to accept the posi4ion for which certification is made. Each appointment shall be made by the City, from one (1) of the top three (3) names on the list. After each regular appointment from the eligibility list, and employee shall serve a complete period of probation before appointment or promotion is complete. No new probationary period results from a transfer to a different shift or reduction of an employee who previously completed a probationary period. The period of probation shall be finrelve (12) calendar months from the date ofi appointment to a regular position. If an employee is absent from duty for a prolonged period during a probationary period and the department head does not fiave a reasonable opportunity to evaluate the performance of an employee, the department head may calculate the probafionary period on the basis of twelve (12) calendar months of actual service, exclusive of time away on leave. The Association, and any employee it represents, shall appeal any alleged violation of the promotion process set forth herein through the grievance procedure and the C:\Documents and SettingsWtlaskam�LOCaI��Settinga\Temporary Intemet Files�Content.Outlookl073G8E5J�FinaU+ubumSergeantGu iId2013CBA(051513).doc Page 20 of 36 � collective bargaining agreement, rather tham through the Civil Service Commission. Exdusive of the promotional exam process, the initial step in the grievance procedure shall be established as five (5) business days in orderto coincide with above sections of this article. Any appeal of the promotion process not settled through the grievance procedure shall be reviewed by an arbitrator as to whethe�or not the Cityr violated the procedures set forth herein. 13.8 An employee who engages in off-duty misconduct may be subject to dis.cipline when: (1) the off-duty misconduct harms the City's reputation in the community; (2) the off-duty conduct adversely affects the employer's business operation; or (3) tfie conduct is inconsistent with the o�ce that the Sergeant holds. ARTICLE 14— MANAGEMENT RIGMTS 14.1 The Association recognizes the prerogatives of the City to operate and manage its afhairs 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 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always spec�cally described. 14.4 The Gity 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 6eyond the control of fhe department. The City shall have the right to determine reasonable schedules of work in accordance with Section 4.1 and to esta6lish the methods or processes by which such work is perFormed. 14.5 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: a. The ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon ordinances adopted by the Gity Council, recommending an annual budget or directing the proper performance of all executive departments; b. The responsibility of the City Council for the enactment of ordinances and the appropriation of monies; a The legal responsibility of the Civil Service Commission, as provided by State Statue, subject to any applicable bargaining dury of the City and the terms of this Agreement. C:�DoameMS and SattingslddaskamLLopl Settings\Temporary IMemM Flles\ContentOutlook1073G8E5J�FinalAubumSergeantGuild2013C&4(051513).doc Page:27 of 36 d. The responsibility of the Chief of Police and delegates govemed by ordinances, Civil Senrice Rules, and/or Department Rules and as , limited by the provisions of the Agreement; and provided fhaf such actions do not affect mandatory subjects of bargaining: 1. To recruit, assign, transfer, and/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 departmerrtal 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 beiween the Employer and the Association conceming an alleged breach or violation of this Agreement. Stea 1: Any alleged grievance shall be taken up w'ith the employee's immediate supervisorwithin ten (1Q) working days ofiits alleged occurrence. The parties agree to make every effort to settle the grievance promptly at ttiis level. In the event the grievance is unresolved, the Association and/or employee shatl determine whether to appeal the grievance through the Civil Service Commission or process the grievance to Step 2 of the grievance procedure contained herein within five (5) working days of the meeting with the employee's immeiiiate supervisor. Should the employee choose to file an appeal with the Civil Service Commission, the employee shall provide the Chief of Police, Human Resources Director, and the Association with written notice of such election. Steo 2: The grievance shall be reduced to written form by the aggrieved employee stating the section ofithe Agreement violated and explaining the grievance in detail and remedy sought. The employee and/or the Associa4ion shall present the written grievance to the Human Resources Director and the Chief of Police. The Chief of Police will conduct a meeting within five (5) working days of receipt of the written grievance. The Chiefiof Police shall make a decision on the matter in writing within ten (10) working days from such meeting. Copies of the Chiefs decision will be fumished to the aggrieved, Association representative, and Director of Human C:�DOCUmeMs and SetfingsVddaskamLL.owl SetfingslTemporary Intemet� �Files\ConteM.Outlook�073GBE5J1FinalAubumSergeaMGu iId2013CBA(051513).doc Page 22 of 36 Resources. Grievances involving suspension, demotion, or discharge shall begin at Step 2. Stea 3: Any grievance remaining unresolved after the decision has been rendered in Step 2 shall be transmitted to the Director of Human Resources, to be adjudicated by the Mayor; in writing within ten (10) working days whereupon the Mayor shall conduct an investigatory hearing within fiye (5) working days of the receipt of the written grievance. The Mayor shall render a decision within five (5) working days of such hearing. Steo 4: Should the grievanc.e 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, 4he arbitrator shall be selected by the process of eliminatian from a panel of seven (7) arbitrators fumished by the American Arbitration Association (AAA). The AAA request shall state the issue. The arbitrator shall confine himself/herself to the precise issue submitted for arbitration and shall have no authority to determine any other'issues not so su6mitted to him/her. The arbitrator shall have jurisdiction and authority only to interpret, apply, and/or determine compliance with the specific terms of the Agneement and shall not add to, detract from, or alter in any way the provisions of this Agreement. The decision shall be fnal and binding upon both parties. Employee witnesses for both sides shall be given time off from work 'rf they are otherwise scheduled to work during the arbitration hearing to testify in the proceedings. The parties shall evenly divide the costs of the Arbiter and any AAA service charges, with each party paying its own costs. If both parties desire a stenographic record, the expenses of the same shall be borne equally. If only one party desires a stenographic record; then that party shall pay the cost of the preparation of'its own copy and one (1) for the Arbiter and the declining party shall not be provided a copy. 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 inrriting. Pending final decision of any grievance by any of the above procedures, work shall continue without interruption. 15.3 A grievance may be filed at a step above the level of the decision maker whose actions are being questioned but, in no case, may a grievance be filed above Step 3. ARTICLE 16—WORK STOPPAGES 16.1 The City and the Association agree that the public interest requires efficient and unintercupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contraryto this objective. Specifically, the Association shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform customarily assigned duties, sick leave absence which C:�Documents and Settings�ddaskamLLocalSetUngs\Temporary Irrtemet FileslCoMentOutlooM073G8E5J1FinaUlubumSergeantGuild2013CBA(051513):doc � Page 23 M 36 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 interterence. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage, if any of the above activities have occurred. ARTICLE 17— BULLETIN BOARDS 17.1 Bulletin Boards. The City shall permit the reasonable use of bulletin boards by the Association for the posting of notices relating to official Association'business. 17.2 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, agendas, voting, election results, and various topics of Association business on issues effecting the administration of the collectiye ba.rgaining agreement with the City ofiAubum. Members will comply with City policy. 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 Departmerrt and the conduct of its employees provided that such rules do not conflict with City ordinances, City and State Civil Service Rules and' Regulations as they exist, or any provision of this Agreement; and provided further that such rules do not affect mandatory subjects of bargaining. It is agreed that the Employer has the right to discipline, suspend, or discharge employees for just cause. a. In an effort to ensure that disciplinary interviews are conducted in a manner which is conducive to gbod order and discipline, the Association shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". A "disciplinary interview" shall mean questioning by a person in authority over an employee when the interviewer either knows oc reasonably should know that the ques4ioning concems a matter that could lead to suspension, demotion, or termination. b. Every employee who becomes the subject of a disciplina_ry interview shall be advised, in writing, a minimum of forty-eight(48) hours prior to the time ofthe interview that he/she is suspected of: 1_ Committing a criminal offense; 2. Misconduct that would be grounds for termination, suspension, or demotion;and, C:1Documerrts and SettingslddaskamLLocel SettingslTemporory IMemet Files\CoMent.OutlookW73G8E5JlFinalAubumSe�gearrtGuild2013CBA(051513).doc Page 24 oi 36 . . . . 3. That he/she has the right to Union representation during the interview. c. Any employee who becomes the subject of a criminal investigation may have legal Counsel present during all interviews. Nothing in this Agreement, however, shaU 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. d, In criminal matters, employees will either be ordered to answer questions or informed that they are not required to answer the employer's questions as a �ndition of employment. e. The employee shall be informed in writing as to whether he/she is a witness or suspect before any interview commences. f. The disciplinary interview of any employee shall be at a reasonable hour, unless the exigency of the interview dictates otherwise. Whenever possible, interviews shall be scheduled during the normal workday of the City. g. The employee or Employer may request that a disciplinary interview be recorded, eifher mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee in a disciptinary interview shall be provided an exact copy of any written statement he/she has signed, or of a verbatim transcript of any intenriew. h. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all disciplinary interviews, the employee shalf be afforded an opportunity and facilities to contact and consult privately with an attomey of his/her own choosing, before being interviewed. Such,opportunity to contact and consult privately with a private attomey shall not unduly delay the disciplinary interview. The employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, meals, telephone calls, and/or rest periods. The employee may be represented by either a private attomey or the Association during the interview, but not both. 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 C:�DowmenLS and Settingslddaskam\Locel SettingslTemporary IMemet FIIesICoMentOutlook1073G8E5J1Fina W ubumSergeantGuild2D13CBA(05157 3).doc Page 25 ai S6 resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. �No promises or rewards shali be made as an inducement to answer questions. 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 articie 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 amourrt 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 —SAVINGS 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 ofiany article should be restrained by such tribunal, the remainder ofthe Agreement and addendum's shall not be affected thereby and the parties shall enter into immediate collective bargaining negofiations for the purpose of arriving at a mutually satisfactory replacemeM 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 spec�ed in this Agreement which are now Pnore 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 abiliry to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the Employer may request the C:1DOCUments�and SettingslddaskamlLOCa1 SattingslTemporery IMemet Files\CoMeM.Outlook�073G8E5J1Fina W ubumSergeantGui1d2013CBA(051513).doc PageZ6 M 36 � employee provide written medical authorization to perForm various essential job functions from a physician while using such drugs. ' Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impai� law e.nforcement agencies 'if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged inrith 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 undec the influence of alcohol or an illegal drug for the purpose of administering fhis Article. For the purpose of administering this Article the following definition of terms is provicied: Reasonable Susaicion — 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. lJnder the Influence — The following cutoff levels shall be used for the initial §creening of specimens to determine whether they are negative for these drugs or classes of drugs: (ng/ml) Test Level Amphetamines 1000 Barbiturates 300 Benzodiazepines 300 Cannabinoids 100 Cocaine metabolites 300 Methadone 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 C:�DocumeMS and Settings�ddaskamlLocal Settings\Temporary IMemet Files\CoMerd.Outlook\D73GBE5J1FinalAUbumSergeantGulld207 3CBA(057 513).doc Page 27 of 38 • Opiates (Morphine) • 300 Rhencyclidine (PCP) 25 Propoxyphene 300 Level of the pasitive result for ethyl alcohol 0.04 gr/dl Illeaal Druas — Are defined as all forms of narcotics, depressants, stirriulants, hallucinogens, and/or cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Gounter-Drups — Are those which are generally available without a prescription and are limited to those drugs which are capa6le of impairing the jutlgment of an employee to safely perForm the employee's dufies. Prescrintian Drups — Are d�ned 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 submiYto a drug test, the following procedure shall be followeii: a. The employee shall be given an opportunity to confer with a Association representative if one is readily available and ffie 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 d�ug, fatigue, exposure to toxic substances, or any other reasons known to the employee to the test administrator. The Employer and a Association representative may be preserrt 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 faciliry. The Employer shall transport the employee to the collection site. The Employer and/or Association representative may be allowed to accompany 4he employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be obseryed 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 prope� chain-of-custody procedures shall be followed. f. The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one 4fiat is cerf�ed by the National C:�DocumeMs and Settin9sWdaskamSLowl Settings\Temporary IMemet FileslContent.Outlook�073GBE5J1FinalAubumSergeanlGuild2013CBA(051513).doc Page 28 of.36 ARTICLE 23 - DURATION 23.1 This Agreement shall become effective on January 1, 2013 until December 31, 2015. � , Signedthis�day of , 2013, at Aubum, Washington. CITY OF AUBURN AUBURN POLICE ASSOCIATION By: � By: " Mayor Aubum Police Sergeants' Association By: D ector of Human Resources gy; �`�� c�ty ier� - Approved As To Form: By: ity Attorney C:�owments and SettingakldaskemLL.ocafSettings\TemporaryJnternet �FileslCoMent.Outlook1073G8E5J1FinalAubumSergeaMGui1d2013CBA(051513).doc Page 30 M 36 Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to betu4een the Association and the Employer: Tfie laboratory used sFiall also be one whose procedures are periodically tested in a program where #hey analyze unknown samples sent by an independent party: The results of such tests shall be made available to the Employer and the Ass.ociation. g. ff 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 limifs.on the GC/M3 (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine the initial test level is 25 ng/ml. Confirmatorv Test Marijuana metabolites 15 ng/ml Cocaine meta6olites 150 ng/ml Opiates � Morphine 300 ng/ml Codeine 300 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml h. At the employee's or the Association's option, a sample of the specimen may be requisifioned and sent to a laboratory chosen 6y 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 arbitration or otherproceeding concerning the drvg test or its consequences. The resuRs of this second test shall be provided to the City. i. The employee and the Association shall be informed of the results of alI 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 confiRned 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 testsfor at least five (5) years and records of all negative tests for at least one (1) year.. 22.4 If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. C:1DocumeMS and SettingslddaskamlLocal Settings\Temporary Internet Flles\Content.Outlook1073G8E5J1FinalAutiumSergeantGuild2013CBA(051513).doc� .Page 29 of.36 Appendix"A" 2013 STRAIGHT-TIME HOURLY RATE OF PAY Pay Plan effective January 1, 2U13, a finro point eightpercent (2.8%) wage increase applied to the 2012 Gommissioned SergeanYs pay period salary schedules. Effective September 1, 2013, an additional two point eigFit percent (2.8%) wage increase. CLASSIFICATION HOURLY RATES OF PAY Position Rolice Sergeant 1/1/13— 8/31/13 $41.93 " 2014 PAY PLAN One and a half percent (1.5%) wage increase effective January 1, 2014. A one and a half percent (1.5%) wage increase effective September 1, 2014. 2075 PAY PLAN One and a half percent (1.5%) wage increase effecfive January 1, 2015. A one and a half percent (1,5%)wage increase effective September 1, 2015. C:\DOCUments and Settings�ddaskamlLocal Settings\Temporery Internet FIIeslContent.0utlook\073G8E5J�Fina WubumSergeantGuild2013CBA(051513).doc Page 31�of36 - Appendix"B" Department Issue— Police OfFcer: FiVe Uniform shirts LAPD Color and Style (minimum one must be long sleeve), choice of: Flying Cross Brand - Short Sleeve Wool - item UD70R9586 Flying Cross Brand - Long Sleeve Wool — item UD20W9586 Flying Cross Brand —Short Sleeve Poly/Rayon — item 98R3986 Flying Cross Brand - long Sleeve Poly/Rayon — item 48W3986 Three pair matching uniform trousers, one must be Class A pant: Flying Cross Brand -Wool pant with sap pocket- Item 32289 Flying Cross Brand - Poly/Rayon pant with no sap pocket- Item H39400 Flying Cross Brand - PolylRayon pant with sap pocket- Item 39489 One Dark Navy Blue uniform jumpsuit—Voucher method up to $450.00 One baseball style cap One uniform jacket One Ballistic protective vest One clip-on style tie One "Aubum Police"tie clip One name plate, metal for uniform shirt One official badge Onepair shoes— blackleather, polished toe and heel. Voucher method up to $100.00 One pair boots— black leather, polished toe and heeL Voucher method up to $250.00 One duty equipment belt— Nylon or Leather One nylon or leather pants innerbelt Fourbelt keepersfor nyton orleafher One Level Three pistol holster One magazine pouch One ASP baton One ASP baton holder ?wo pair handcuffs One long handcuff key One double handcuff case or finro single cases One pair black leather gloves One portable radio holder One OC canister One OC holder One 12" Rechargeable Pelican flashlightwith belt holder One folding knife (up to $70.00) One whistle Up to two metal citation folders (holders) One metal forms holder One nylon duty gearbag (upto $80.00) One Auburn police commission card C:VDocuments and Settings�ddaskamlLocal Settings\7emporery Internet Files\Content.OutlookW73G8E5J�FinalAuburnSergeantGu iId2013CBA(05 t 513).doc� Page 32 0136 � $pecial eguipment is required for officers"assigned to these positions. They will be completely outfitted upon transfer to these specialty assignments. Upon reassignment from � the Specialty unit, all issued equipment will be returned and 'rf serviceable, will be reissued. MOTORCYCLE: BICYCLE: One full-face motorcycle helmet w/chin-piece One bicycle helmet (Shoei Multitec LE) One "Ultrex" type jacket with lettering One'/.face Arai motorcycle helmet and patches Two pairs eye protections (clear/sun) One pair"summer" bike riding gloves One JackeYwith fleece liner One pair "winter" bike riding glodes Two pair leather gloves (summerlwinter) Two pair'`Ultrex" type winter pants Two pair motorcycle pants (summer) One pair"Supplex" type light weight Two pair motorcycle pants (winter) pants One pair of motorcycle rain pants Two pair"Supplex"type bike shorts Two "CoolMax"type bike shirts Two pair eye protection (clear and sun shade) One pair bike shoes One whistle and lanyard One water bottle One Supplex jacket w/lettering & patches Three pairs of Gortex type socks K-9 Unit One pair boots (voucher method up to $250.00) Two jumpsuits Three turtleneck shirts DETEGTIYES: Offigers transferred to the Detective Division receive an annual clothing allowance to purchase and repair personal clothing items wom for duty which are not issued by the department. Generally, detectives will wear plain clothes consistent with current community business attire standards. Exceptions to this could include the type of assignment or unit supervisor approval. Upon transfer to the Detective Division, officers will be issued the following equipment: One "1-lidden Agenda°type raid jacket One baseball style cap with "POLICE" on front, black with white lettering One "CoolMax" type raid shirt— black with white lettering One concealed carry holster for duty pistol One concealed carry handcuff case One concealed carry uniform badge holder One or two concealed carry magazine holder(s) SWAT: Officers a"ssigned to the Valley SRT will be issued the equipment and clothing required for that unit. An equipment and clothing list is as follows: C:1Dowments and Settings�ddaskamlLOCalSettings\Temporery Intemet Files\CortteM.Outlook�073G8E5J�Fina WubumSergeantGulld207 3CBA(05157 3).doc Page 93 6138 � One set digital camo uniform One seYblack camo uniform One set subdued urban gray camo uniform with hat One 2" nylon pants belt/ One pair boots, black (voucher of up to $250.00) One fire resistantbaklava (hood) One set "Gortex"type rain gear(top and bottom) One ballistic helmet, with cover One "Type 4" load bearing ballistic body armor, per requirements One pair"frisker" type cuf resistant gloves, black Onesset elbow and kneespads, black per requirements One pair clear eye protection (goggles or impact resistant glasses) One holster for E.S,U. issue pistol One radio, radio holder, ear piece with P.T.T. system One Water Bladder (camel back style) One'set ear protection One fixed blade utilityknife One large deploymenUequipment bag Gas mask with carrier CIVIL DISTURBANCE UNIT: Officers assigned to the C.D.U. will be supplied with the following equipment 'rf it has not been issued prior. Kevlar Helmet with face shield Gas mask with carrier PR24 Five (5) "flex cuffs" Forearm pads Knee pads Shin guards Large equipment duffle bag Water Hydration Back Pack (Camelback Style) Black Nylon Rain Poncho ShouldedChest Protection System One Set of Black BDU style pants HonorGuaM Officers assigned to the Honor Guard will be supplied with the following uniform items and equipment if it has not been issued prior: One Navy Blue "Ike Style" Jacket with silve� or gold buttons, honor guard tabs and silver sleeve piping One pair Navy wool trousers with white stripes One matching round dress un'rform hat One white shoulder ceremonial braid C:IDocuments and Sattings�ddeskamlLOeal SettingslTemporery IMemet Files\CoMeM.Outlook�073G8E5J1Fina WubumSe�geantGui1d2013CBA(051513).doc Page�34 of 36 � One.silver or gold hat band � One silver or gold whistle chain One white Flying CrosS dress shirt, with epaulets One black neck tie, Velcro neck secured One pair"Corafram style° dress shoes— One metal Honor Guard pin One set of"AP" insignia —silver or gold One Honor Guard embroidered grey"polo style" shirt One M-14 Rifle with 1 magazine One pair ceremonial white cotton gloves One pair ceremonial white cotton gloves with non slip fingers and palms EVOC Team Officers assigned to the EVOGTeam w'ill be supplied with the following uniform items and equipment if it has not been issued prior. One Polo Style shirt with EVOC Instructor Logo One Gortex solid red jacket with EVOC Instructor logo on the left chest area Crisis Communications Unit (GGUI Officers assigned to the CCU will be supplied with the following uniform items and equipment 'rf it has not been issued prior: One paic of khaki 5-11 Tactical Pants One APD CCU Polo Shirt (yet tobe designed) One Hidden Agenda jacket One Load-bearing equipment vest (black) One Nylon go-bag Rans�e Team Officers assigned to the Range team will be supplied with the following uniforms items and equipment rf it has not been issued prior: One Gortex solid red jacket with Auburn PD range logo on the left chest a�ea. Crime Scene Team Officers a"ssigned to the Crime Scene Team will be supplied with the following uniform items and equipment if it has not been issued prior' One black polo style shirt with "Crime Scene" ident�ers One pair "5-11" style khaki or black trousers One utility carrying vest "5-11" style . C:�Documents and SettingslddaskamU.ocal Setings\Temporary Urtemet FlleslContenT.0ut1ook1073G8E5J1FinalAubumSergeantGuild2013CBA(051513).doc Pape 95 of 36 C•\Documenffi and SettinaslddaskamLLocal Settinas\Temoorarv I met Fles\CoMentOutlook107u'8 S��inaLeub��m�ra aMG�iId2013 BA(0515131(21 doc�6eNestive Page 37 of 97 . . . - . ' MEMORANDUM OF UNDERSTANDING By and Between CITY OF AUBURN And THE AUBURN POLICE SERGEANTS' ASSOCIATION The City of Auburn and the Auburn Police Sergeants' Association are parties to the 2013- 2015 collective bargaining agreement. During recent negotiations, both parties agreed to the following language: 11.9 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 V1lorkers' Compensation and Industrial Insurance, the City shall compensate the employee for the di(ference between his/her Workers' Compensation entitlement and his/her 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/her regular salary for said period and the employee shall receipt to the City all time loss payments received from Workers' Compensation. This benefd shall only be granted prospectively from the date workers compensation benefi� are applied for unless the employee fails to make timely application because of physical incapacitation or for reasons beyond the employee's control. Employees shall have the right to claim benefits for the portion of a disa6ility leave period prior to the date workers compensation benefds are applied for by receipting to the City any time loss benefds the employee has received for that period. The City agrees to maintain this section in the contract and the Association agrees to limit the sick leave cash out for new hires. Bo4h parties agree to modify the contract to eliminate the process of the employee receipting to the City the employee's time loss checks and the City buying backthe employee's leave. To accomplish this, whenever an employee covered by the LEOFF'II � Retirement System is temaorarilv totally disabled and unable to work as the proximate result of an on-the-job injury as covered and defined by Washington State Workers' Compensation Industrial Insurance laws, the Ci.ty will pay the employee his orher regular salary (kept on salary as defined by RCW 51:32.090) as if he or she had continued to work for a period not to exceed six (8) months, or the termination of the disability, whichever comesfirst. This benefit shall only be granfed prospectively from the date Workers' Compensation benefits are applied for, unless the employee fails to make timely application because of physical incapacitation or for reasons beyond the employee's control. Except as expressly amended herein, all other provisions of the January 1, 2013, through December 31, 2015, collective bargaining agreement between the City of Auburn and the Auburn Police Sergeants' Association remain in full force and effect. IC:1UsersldonelMooDataLLocallMlerosoftlWlndows\Temuorarv Intemet Files\Content.0uttook�5Z4NNL941MOUKeoronSalarv102973 2.d Page 1 of 2 Signed this �� day of���''�pe'!2 , 2013, at Auburn, Washingtom � CITY OF AUBURN AUBURN POLICE GUILD gy: ` [� By: � nda eineman Daniel0' ei Director of Human Resources and President Risk Management I C•\Users�daneiMooDatelLoealUAicrosoft\Wlndows\TamoorarviMemet Files\ConteM.Outlook�5Z4NNL94UA0UKeotonSalarv102913 Page 2 W 2 Memorandum of Understanding Between The Auburn Police Sergeants Association and the City of Auburn The Auburn Police Sergeants Association and the City of Auburn ( "City ") (Sometimes collectively referred to herein as the "Parties ") hereby agree to the following Memorandum of Understanding ( "MOU ") which shall be made a part of the current collective bargaining agreement ( "CBA ") between the Guild and the City in effect from Jan 1, 2013 to Dec 31, 2015. Any and all provisions of the CBA not directly affected by this MOU shall remain in full force and effect. Both Parties agree that the City must provide a service duty weapon to sergeants. Currently the Police Department is in the process of changing the current issued Sig Sauer handgun to a 9mm Glock handgun. This change will cause an unexpected impact to the budget, and there may not be sufficient funds to provide all sergeants a Glock who may wish to carry it. The City and the Association agree and amend the CBA as follows: The Parties agree that the City will provide a Glock to any sergeant currently issued a Sig Sauer, and who use this weapon as their primary weapon for service, maintaining current qualifications for that Sig Sauer weapon. Both Parties agree that this change will occur immediately upon the City transitioning to the Glock. The Parties agree that any who does not have a Sig Sauer issued to them, and who have chosen to carry a personally owned handgun as their sole primary weapon, may not be issued a Glock for up to, but no later than, two years from the date of this agreement in order to accommodate the demand by those sergeants who currently have been issued the Sig Sauer as their primary weapon. The Parties agree that in the event that a sergeant is involved in any incident that requires their service weapon to be removed from the sergeant in the ordinary course of an investigation that the City will provide that sergeant with a Glock during this transition period. An example of this would be an officer involved shooting. This agreement shall take effect upon the City executing the transition from the Sig Sauer to the Glock. Signed this 3k ' day of c, L-f 2014, at Auburn, Washington CITY OF AUBURN AUBURN POLICE SERGEANTS ASSOCIATION By: D Di ector of Human Resources 8 Daniel I , m ent Risk/Property Management C:\ Users \doneiNlppData\Looal\Microsoft \Windows \Temporary Internet Files\ ContenLOutlookVC SVDCISGW IOUGlockchange2014RLWcommentsl0 -16 -14 (3).doc Page 1 of 1 . ~�` ° �,S�l_ ��� � � i � . . �� t. . , MEMORANDUM OFUNDERSTANDING By and Between CITY OF AUBURN And THE AUBURN POLICE SERGEANTS' ASSOCIATION The City of Auburn and the Auburn Police Sergeants' Association are parties to the 2013-2015 collective bargaining agreement. During recent negotiations, both parties agreed to the following language: 6.1 The following eleven (11) days are designated as holidays: New Year's Day Veteran's Day Lincoln's Birthday Thanksgiving Day PresidenYs Birthday Day After Thanksgiving Memorial Day Christmas Day Independence Day MaRin Luther King Day Labor Day The above designated holidays shall begin at 0530 on the tieginning of the holiday and shall continue through 0600 of the following day. Both parties ag�ee to modify the contract to past practice so that the desighated holiday will not begin at 0530 on the beginning of the holiday and shall not continue through 0600 of the following day. Rather, all employees that are required to work on a holiday will receive holiday pay if the start of the employee's shift began on the holiday listed in Section 6.1. Furthermore, holiday pay will con4inue if the Officer is required to work past his/her scheduled time. For example, a Sergeant that is regularly scheduled to work a graveyard shift and works on December 315' begins his/her shift at 2000. The shift continues through 0600 on January 15'. This Sergeant will not receive holiday pay. However, that same Sergeant works the same shift on January 151 and begins his/her shift at 2000 and works through 0600 on January 2nd. The Se.rgeant will be compensated at the rate of two and one-half (2-1/2) times the employee's regular hourly rate of pay for each hour worked inclusive of the pay for the holiday worked. In addition; if that Sergeant were to be held over to work overtime, the overtime will be compensated at the rate of two and one-half (2-1/2) times the employee's regular hourly rate of pay for the amount of hours that the Sergeant works overtime. Except as expressly amended herein, all other provisions of the January 1, 2013, through December 31, 2015, collective bargaining agreement between the City of Auburn and the Aubum Police Guild remain in full force and effect. N:\MOUHOIidayPay082313a.docz Page 1 of 2 _,.,., <��� � , •-� � Signed this �/1 l� day of`�r��,�-, 2013, at Auburn, Washington CITY OF AUBURN AUBURN POLICE SERGEANTS' ASSOCIATION i�� By: - � By: ��� Bre �da Heineman Mark Caillier Human Resources Director President N:IMOUHolidayPay082313a.docx Page 2 0�2 MEMORANDUM OF UNDERSTANDING By and Between CITY OF AUBURN And THE AUBURN POLICE SERGEANTS' ASSOCIATION The City of Auburn (City) and the Auburn Police Sergeants' Association (Association) are parties to the 2013-2015 collective bargaining agreement (CBA). During recent negotiations, bofh parties discussed the potential for the detective assignment to work a 4 day a week 10 hours per day (4/10) work schedule. Therefore, on a temporary trial basis, effective May 1, 2014, both parties agree that Police Sergeants currently in the detective assignment shall work four (4) cons.e.cutive daysfollowed by three (3) consecutive days off, with Saturday and Sunday off. This schedule shall consist of ten (10) continuous hours inclusive of lunch periods. The 4/10 work schedule shall be on a trial basis thrbugh November 30, 2014. If Management does not object, the 4/10 work scheduie may continue without the need for a new Memorandum of Understanding (MOU). The City requires minimum staffing levels, Monday through Friday, in order to efficiently operate the 4/10 work schedule. Therefore, voluntary time off shall not be granted when it would put the minimum sta�ng levels below one (1) Sergeant for the entire Detective Division. The minimum level of(1) Sergeant may be met with a qualified Officer in Charge as approved by 4he Division Commander. Furthermore, the City is not required to backfill for overtime if for some unforeseeable or uncontrollable reason minimum staffing levels are not met. White this MOU is in effect, the Investigations Sergeants shall accrue and take 10-hour holidays. The Investigations Sergeants will observe the holiday on the dates listed in Secfion 6.3 of 4he current CBA. When a holiday falls on the Investigations Sergeants' regularly scheduled day off, he/stie shall bank ten (10) hours of holiday. Additionally, Investigations Sergeants are considered non-essential employees on holidays per Section 6.2 of the current CBA. Therefore, if a Investigations Sergeant elects to work on a holiday, as set forth in Section 6.1, he/she shall be compensated at his/ her regular hourly rate of pay and shall bank the holiday. The Police Chief, or designee, reserves the right to discontinue the 4l10 work schedule program at any time. The Associafion shall not file a grievance if the Police Chief, or designee, discontinues the 4/10 work schedule for a Sergeant or for fhe entire detective assignment. The Police Chief, or designee, shall provide two (2) weeks notice when 4he decision is made to reveR back to a fve (5) day on and two (2) day off schedule or a 9/80 schedule. FOrthermore, the Police Chief, or designee, may change the Investigations Sergeants' scheduled day off with seven (7) days notice. This MOU shail be non-precedent setting. Except as expressly amended herein, all other provisions of the January 1, 2013, through December 31, 2015, collective bargaining agreement between the City of Auburn and the Auburn Police Sergeants' Associafion remain in full force and effect. Signed this�day of�, 2014, at Auburn, Washington CITY OF AUBURN AUBURN POLICE GUILD By: �� B ' Rob Roscoe � Dan O' Interim Director of Human Resources/ President � � C:\Users\wpiersoWppData�LocalVvlicrosoft\WindowslTemporary Internet Files\Content.Outlook132MHBIE2UA0U4- 10Detectives047614(Clean).doc Page 1 of 2