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HomeMy WebLinkAboutReg 2019-09-16 Item 6 - 2019-2021 Bargaining Agreement with Police GuildCOUNCIL AGENDA SYNOPSIS Aleelin,q .I.)at e Prepared 4., Alqyar review Carina repiew 09/16/19 l' , ITEM INFORMATION ITEM No. 6 STA 11 SP( )NISt At; JUAN PADILLA 0121(.11N \ I, ,1(n.'ND \ I),Vri: 09/16/19 AcuNDA Di'm Trrim: Police Officers Contract 2019-2021 Moliori Dal,, 9-16-19 r Resobaioll Aft Orber 0 ordthance .\11, Dale ri 131(1 -12'an1 ,‘ I I Doi(' E Public I I earifis .\irg Dale 0 Other .1 Pg nut(' CAlic.;( )RY • ,r)iscussion Aft,g Dale A110, S K )N S( ) It ri(-0,,,,/ A Lor.0 - e 0 tyre "1:3: Pr lre Pit' Court HR [ i )0 ) . 1 'mill EP&RE1 SPuNsoR's Consideration and approval of the Police Officer Guild labor contract for 2019-2021. suNIMARY REVI MED BY C.O. \X7. NI1g J CDN Comm r Fintmce Comm. n Public Safery Comm. Trans &Infrastructure Arts Comm. E Parks Comm, ,] Planning Comm. DATk: commirmr: ci IAIR: N/A RECOMMENDATIONS: spoNsoR/ADNIN. Co:mum Human Resoures Fr, NA COST IMPACT / FUND SOURCE EXPFNIDI l'Ult I% RI .Qt I Ilti:t) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 9/16/19 Informational Memorandum dated 9/1 9 Labor Agreement with Police Officers 101 102 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Juan Padilla, Human Resources Director CC: Mayor Ekberg DATE: September 11, 2019 SUBJECT: Police Guild Contract 2019-2021 ISSUE Consideration and approval of the Police Officer's Guild labor contract for 2019-2021 BACKGROUND The Police Guild labor contract ended on December 31, 2018.The City and Union have reached a tentative three-year agreement on a successor contract. DISCUSSION The City and the Union have agreed to a 3.6% wage increase for 2019, retroactive to January 1, 2019. The City and the Union have also agreed to 100% CPI-W (June to June) for 2020 and 2021. In addition, the City and the Union have agreed to an employer 401(a) deferred compensation match of $50.00 for each participating officer in 2020, with an additional $75.00 matching in 2021. The contract has been voted and passed by the Union members. RECOMMENDATION The Council is being asked to consider and approve the contract at the September 16, 2019, regular meeting. ATTACHMENTS Police Guild Labor Contract 2019-2021. 103 104 TUKWILA POLICE -COMMISSIONED LABOR AGREEMENT between the CITY OF TUKWILA and the TUKWILA POLICE OFFICERS' GUILD Effective 2019-2021 105 TABLE OF CONTENTS TITLE PAGE Preamble 4 Article 1 RECOGNITION AND BARGAINING UNIT 4 Article 2 GUILD MEMBERSHIP AND DUES DEDUCTION 5 Article 3 WORKING OUT OF CLASSIFICATION 6 Article 4 HOURS OF WORK 6 Article 5 SALARIES 19 Article 6 PREMIUM PAY 19 Article 7 DEPARTMENT WORK RULES 20 Article 8 CLOTHING AND EQUIPMENT 24 Article 9 SICK LEAVE 28 Article 10 HOLIDAYS 29 Article 11 EDUCATION ALLOWANCE 31 Article 12 MASTER OFFICER PLAN 33 Article 13 RESERVED 36 Article 14 VACATIONS 36 Article 15 PENSIONS 38 Article 16 MEDICAL COVERAGE 38 Article 17 PROBATIONARY PERIOD 40 Article 18 DISCIPLINARY PROCEDURES 41 Article 19 MANAGEMENT RIGHTS 44 Article 20 GRIEVANCE PROCEDURE 45 Article 21 NO STRIKE 48 Article 22 LEAVES 48 Article 23 INDEMNIFICATION 49 Article 24 SAVINGS CLAUSE 51 Article 25 ENTIRE AGREEMENT 51 Article 26 SAFETY 52 106 2 TABLE OF CONTENTS TITLE PAGE Article 27 DURATION OF AGREEMENT 52 Appendix "A" WAGE SCHEDULE REVISIONS 54 Appendix "B" MPO SCHEDULE 56 3 107 PREAMBLE This mutual agreement has been entered into by the Tukwila Police Officers' Guild (hereinafter referred to as "Guild"), and the City of Tukwila (hereinafter referred to as "City" or "Employer"). The purpose of this Agreement is the promotion of harmonious relations between the Guild and the City; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms and conditions of employment. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT SECTION 1.1 Guild. The City of Tukwila recognizes the Guild as the exclusive bargaining representative of the Police Department for all employees in positions certified by the PERC as being within the Guild's bargaining unit; provided that neither party waives its right to petition the Public Employment Relations commission to add to or delete from the above list in accordance with established time frames and procedures. SECTION 1.2 Negotiations Sessions. Employees who serve on the Guild negotiations committee shall be allowed time off from duty with pay to attend negotiation sessions with the Employer during working hours, provided prior notification is given to the Chief, or his designee, and the time is mutually agreed upon. For the purposes of negotiations with the Employer, the number of official representatives of the Guild shall be limited to four members. SECTION 1.3 Guild Business. The City shall afford Guild representatives a reasonable amount of time while on -duty status to consult with appropriate management and/or aggrieved employees, provided that the Guild representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request necessary time without interference with assigned duties. Employees who are subpoenaed to appear as fact witnesses during a Civil Service Hearing, PERC hearing or Labor arbitration may be allowed to attend without loss of pay, only during their testimony. For purposes of Guild business with Employer, the Guild will notify the Employer as to its official representative(s). 4 108 ARTICLE 2 - GUILD MEMBERSHIP AND DUES DEDUCTION SECTION 2.1 Dues Deduction. Upon receipt of written authorization individually signed by a bargaining unit member, the City shall deduct from the pay of such member, the amount of dues as certified by an officer of the signatory organization and transmit the amount to the Guild in a timely manner. The Guild agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. 5 109 ARTICLE 3 - WORKING OUT OF CLASSIFICATION SECTION 3.1 Sergeant. The Employer agrees that it is in the best interest of the City that each unit/shift should normally have a sergeant or acting sergeant on duty. Therefore, should any employee be required to act as sergeant for more than two hours, he/she shall be paid a premium of seven percent (7%) of the employee's base rate of pay per hour back to the first hour. Additionally, an employee eligible for premium pay pursuant to Article 6 of this Agreement at the time he/she is required to act as a sergeant shall continue to be paid such premium pay during the assignment. It is understood that assignments of supervisory duty will be made by the Chief of Police or his/her designee. ARTICLE 4 - HOURS OF WORK SECTION 4.1 GENERALLY. This Article is intended to define the normal hours of work, to provide the basis for calculation of overtime, and to set forth the policy on compensatory time. Compensation shall not be paid more than once for the same hours under any provision of the Agreement. For the purposes of FLSA compliance, the Employer reserves the right to maintain and modify, as necessary, work period designations for different shifts in accordance with FLSA 207(k). For example this includes different work periods for different shifts (e.g. a 28 day work period for employees on a 5- 2 or 4-10 or 12 hour work schedules and a 27-day work period for employees on a 6-3 hour work schedule). 110 6 SECTION 4.2 SCHEDULES. A. Hours of Work 1. Patrol Division - 12-Hour Work Schedule Such schedule shall be three (3) consecutive twelve (12) hour days worked followed by four (4) consecutive days off followed by four (4) consecutive twelve (12) hour days worked followed by three (3) consecutive days off during each fourteen (14) day period. The FLSA work period shall be 28 days. 2. Non -Patrol Schedule The work schedule for Guild employees assigned to non - patrol work, except the School Resources Officer, will be the equivalent of forty (40) hours per week on an annualized basis and the normal work hours shall be four (4) consecutive ten (10) hour days worked followed by three (3) consecutive days off during each seven day work period. 3. The School Resource Officer's normal work hours will be the equivalent of forty (40) hours per week on an annualized basis and will be five (5) consecutive eight (8) hour days worked followed by two (2) consecutive days off during each seven day work period. 4. The Central Business District Team's schedule shall be four (4) consecutive ten (10) hour days worked followed by three (3) consecutive days off during each seven (7) day period. The FLSA work period shall be 28 days. 7 111 5. Meal/Break Period Schedules shall be inclusive of the meal period. Officers assigned to Patrol on 12-hour shifts will be allowed to take rest or meal breaks, duties permitting, as two 30-minute meal breaks and two fifteen minute rest breaks. The meal and rest breaks shall be spaced over the course of a shift and breaks cannot be combined without prior authorization from the shift supervisor. All Officers, other than Patrol Officers, will be allowed a 30- minute meal break and two fifteen minute breaks. Breaks may be combined with prior authorization from the shift supervisor. While on either meal break or rest such Officers may be subject to call for service. B. Staffing The following policy will be adhered to except when the unusual occurrences create increased staffing needs (e.g. civil disorder, national disaster, holiday, significant event, etc.) 1. Staffing levels The Chief agrees to discuss any staff configuration changes with the Guild prior to making any long-term adjustments in staffing levels. The Guild recognizes the ultimate right of the Chief to adjust staff levels within the department. 112 8 2. Staffing Administration Current on duty staffing levels for patrol on each shift is one (1) supervisor and six (6) officers up to two (2) hours prior to the shift, with the following exceptions: a. During the two (2) vacation bids that occur in conjunction with the shift bids twice a year, the City will allow vacation requests down to one (1) supervisor and five (5) officers on each on - duty patrol squad. b. One (1) officer assigned to the patrol division will be allowed to be on vacation during each shift even if it results in the payment of overtime. Consideration will be given to allowing additional officers off on vacation each shift based on staffing need. With regard to "unusual occurrences", where practical, the Chief shall provide these dates prior to the twice per year vacation bid. The holidays specified herein are the Day after Christmas, the Day after Thanksgiving, the 4th of July and New Year's Eve. The significant events referenced herein are those events on any given day that may reasonably be expected to threaten public safety if staffing levels are not increased as determined by the Chief or his designee. C. Shift Changes Between Officers Shift changes between officers shall be subject to the approval of the Chief, or his designee. SECTION 4.3 Dog Handler(s). Dog Handlers will be assigned a twelve (12) hour shift and be compensated an average 40 minutes straight time per day (which the parties agree is a reasonable approximation of time spent) to compensate for bathing, training, procuring food, supplies (e.g. prescriptions), grooming, feeding, cleaning up after the dog (e.g. the dog's 9 113 kennel), K-9 car, exercising the dog and similar activities performed by K-9 officers. When feasible, dog handler(s) will be released forty (40) minutes prior to the end of their scheduled shift, unless the Chief (or his designee) otherwise requires the employee to stay. If the Chief (or his designee) requires the employee to stay, overtime shall be paid commencing at the end of the employee's regularly scheduled shift, but the average forty (40) minutes shall be paid at the applicable overtime rate. Employees will either flex their start time or receive overtime for scheduled veterinary appointments by agreement between the employee and the Chief or his/her designee. The Employer retains the right to modify the dog handler's duty shift to offset compensation of time spent that is unique to the dog handler duties (to accommodate the 40 minutes per day). Except when the officer is on paid leave, time spent during the dog handler's off duty days will be compensated at the employee's regular rate of pay or overtime pay when required by FLSA. If an officer is on paid leave (e.g. comp time, vacation, sick leave), the amount of such leave charged to the employee that day shall be reduced by 40 minutes. At minimum, it is expected that dog handler(s) shall perform the following duties relative to their assigned dog during the course of their duty shift: -exercise -training Dog Handlers will not be compensated for time transporting the dog to and from the workplace. Compensation for dog handling duties shall cease during period(s) the dog is under the care and custody of someone else. Also, officers caring for another officer's dog during a vacation period shall not receive additional compensation therefore. 10 114 SECTION 4.4 Overtime. Except as otherwise provided in this Article: A. Overtime Pay. All Officers other than Patrol Officers shall be paid at the rate of time and one-half his/her regular rate of pay for the first three (3) hours in excess of their regularly assigned schedule and beginning the fourth (4th) hour at the rate of two (2) times his/her regular pay rate in one day. B. Patrol Officers shall be paid at the rate of time and one-half his/her regular rate of pay for all hours in excess of their regularly assigned schedule up to the 14th hour, and beginning with the 14th hour at the rate of two (2) times his/her regular pay rate in one day. However, employees who are granted the Rest Period provision in Section 4.4D1 or 4.9B will be compensated at the rate of time and one-half, and not at the double time rate for hours worked for attending court or mandatory training. C. Callback Authorization. Requests for off -duty employees to activate to on -duty status must be approved by the on -duty supervisor of Command Staff. Employees are not authorized to activate themselves for administrative duties or law enforcement duties without specific pre - authorization from a Sergeant or Command Staff. Pre- authorization does not pertain to police emergency situations where an "off -duty" officer needs to activate himself or herself to an "on- duty" status in response to an emergency involving an immediate threat to human life, or serious threat to person or property, or in response to a Code 3 request for officer assistance in the City limits of Tukwila. 11 115 D. Callback and Court. An employee who is required to work outside his/her regular shift, or on his/her day off (including being called into court on matters arising directly from the officer's employment as a Tukwila police officer) shall be guaranteed three (3) hours pay at one -and -one-half times his/her regular hourly rate of pay; provided the callback is not an extension after the employee's normal shift. If the assignments require time over the three-hour guarantee, all time over the three hours and outside the employee's normal workday shall be paid at the applicable overtime rate. An employee directed back to work for one hour or less before the next scheduled shift shall be paid on the basis of the overtime actually worked and the overtime minimum shall not apply. 1 Officers assigned to the graveyard/night shift who are scheduled for court during hours the employee would not be regularly scheduled to work between two scheduled graveyard/night shifts will be granted a ten (10) consecutive hour rest period beginning when the court requirements/obligations are over and will not be required to report back to work until the end of such rest period. In this instance Officers will be compensated at time -and -one-half for their court attendance, and double time will not apply. An Officer will not have his/her shift extended as a result of the operation of this paragraph and the Officer will be paid, at the regular straight time rate, for all hours he/she was scheduled on a graveyard/night shift but did not work because of the above rest period. Officers must notify department supervision in advance when they are going to take the ten (10) hour rest period. E. Minor Work Contact Outside of Scheduled Work Hours. If the Employer contacts an employee for work purposes outside of the employee's scheduled work hours (by telephone, pager or 116 12 otherwise), then the Employer shall compensate the employee for the time spent during such contact at the rate of time -and -one-half the employee's regular rate of pay. Compensation shall be for a minimum of fifteen (15) minutes and shall continue for actual time spent during the contact in fifteen (15) minute increments. For example, a five (5) minute call shall require compensation for fifteen (15) minutes; a sixteen (16) minute call shall require compensation for thirty (30) minutes; a thirty-one (31) minute call shall require compensation for forty-five (45) minutes and so on. Any actual call back to duty shall be governed by subparagraph A and B. above. F. Pyramiding. There shall be no pyramiding of overtime. G. Off -duty Call -in Authorization. Employees who are called in for an in -progress incident, called in to work while off duty, will be paid from the time they receive the call and have communicated to the supervisor or requestor (1) that they are in route and (2) when they can be expected. Employees will respond to the incident in a reasonable and appropriate amount of time based on their proximity or distance to the station or location. Pay will then continue until their duties are completed in response to the issue or incident giving rise to the call. Employees will not be paid for their travel or commute to their residence after their duties have been completed. SECTION 4.5 Shift Change. Employer reserves the right to schedule employees to shifts, provided this will not alter shift bidding procedures or be used to require employees to change their schedules to avoid the payment of overtime, unless mutually agreed upon by Employer and employee, with concurrence of a Guild Executive Board member. Employer will bargain over changes in shift configurations (e.g. 6-3, 5-2, 4- 10, 9/80, and 12 hour shifts). SECTION 4.6 Standby. The Employer and the Guild agree that the use of standby time shall be minimized consistent with sound law enforcement practices and the maintenance of public safety. Standby assignments 13 117 shall be for a fixed, pre -determined period of time not to exceed ten (10) hours. Employees formally placed on standby status shall be compensated on the basis of five (5) hours straight time pay for ten (10) hours of standby or fraction thereof. If the employee is actually called back to work, normal overtime rules shall apply. Compensation for standby shall not be paid in addition to overtime -minimum pay. SECTION 4.7 Compensatory Time. Compensatory time is defined as time off granted an employee as compensation for hours worked in addition to the employee's scheduled workday or workweek. A. Requesting Compensatory Time. It is the responsibility of the employee to request compensatory time in lieu of overtime if so desired. The Employer shall have discretion to determine whether compensatory time is granted to the employee when compensatory time is requested by the employee in lieu of overtime. B. Compensatory Time Rate. The granting of compensatory time in lieu of overtime will be at the rate of one -and -one-half hours for each overtime hour worked. C. Maximum Compensatory Time Accrual Individual accrual of compensatory time in lieu of overtime shall not exceed forty-eight (48) hours (i.e. 32 hours at time -and -one-half). SECTION 4.8 Kelly Days. Patrol Officers will be granted one hundred ten (110) hours annually to compensate for the difference between the scheduled hours in the Patrol Work Schedule and the scheduled hours in Non -Patrol Work Schedules. These hours will be referred to as "Kelly Days" (and be scheduled the same as vacation). Employees may choose 118 14 to use these hours to schedule time off or to receive pay in lieu of time off or a combination of both. Fifty-five (55) of these hours shall be credited on January 1 and fifty-five (55) of these hours will be credited on July 1. A request for payment may only be made two (2) times per year, one time in June and one time in December. A request for payment made by June 5 shall be paid by July 5. Any hours remaining on December 15 shall be paid on December 31, unless the employee uses these hours prior to payment. Kelly Day pay will be calculated at the employee's straight time rate of pay. The hours used by the employee to schedule time off will be administered in the same manner as the holiday hours referred to in Article 10. A. An employee transferring into or out of Patrol during a year shall receive (be credited with) a pro rata number of paid Kelly hours that shall be paid out to the employee at the time of the transfer . Upon separation of employment, any unused Kelly day hours accrued up to that point will be paid out on the final paycheck. SECTION 4.9 Training. Training will be scheduled during the employee's regularly assigned shift whenever reasonably feasible. A. Outside Training. 1. A "shift" or "regularly assigned shift" is scheduled hours that remain the same for an employee week after week. "Regularly scheduled days off' or "weekends" are the days off that remain the same for an employee week after week. 2. The City may adjust an employee's hours and regularly scheduled days off to accommodate training of 24 hours or more in a one week period, subject to notice requirements. The City may adjust for training under 24 hours if mutually agreed upon between the City and the employee in order to reduce overtime and afford the ability for the employee to attend requested training. 15 119 3. The intent of this shift adjustment is to allow employees to participate in training and to better manage the cost of overtime. The City shall not require an employee to work more than forty (40) hours per week without the payment of overtime. Employees whose schedules are adjusted to attend training courses or conferences will be paid at time - and -one-half their regular rate of pay for any hours worked in excess of eight (8) hours per day, and double time of their regular rate of pay for any hours worked in excess of twelve (12) hours per day. 4. The City will give back to the employee any regularly scheduled day off that the employee is required to work because of a shift adjustment. All days given back to employees shall be taken consecutive to that employee's regularly scheduled days off. Nothing shall preclude the City from giving back two (2) or more missed days off on separate weekends as long as each missed day off is given back consecutive to that employee's regular scheduled days off. 5. All missed days off due to a shift adjustment will be rescheduled within seven (7) days of the completion of training. The rescheduled day will be taken within sixty (60) days of the completion of training. The sixty (60) day time period will be extended by mutual agreement of the City, a member of the Guild Executive Board, and the employee. 6. The City is limited to making only three (3) such adjustments per calendar year and each adjustment may not last more than one (1) calendar week. 120 16 7. The employee and the Guild must be given written notice of the shift adjustment seven (7) calendar days before the adjustment for training is to occur. The City and the Guild may agree in writing to waive the seven (7) calendar days notice requirement and/or the requirement that the days off be taken consecutive. B. Training for Patrol Officers Working Night Shift Schedule This section only applies to officers working the 12-hour night shift schedule. It applies to scheduled training of four (4) hours or more during hours outside the employee's regularly assigned shift. The schedule does not apply to court time. As used herein, an 8-hour rest period is defined as, 8-hours prior to the start or 8-hours from the end time of the training. It does not always equal 8-hours of paid time off. 1 Training on First Work Day Training will be paid at time -and -one-half. There will be an 8- hour rest period (admin time) prior to the start of training and an 8-hour rest period (admin time) following the end of the training. The patrol officer will be paid, at the regular straight time rate for all hours he/she was scheduled on the graveyard/night shift but did not work because of the rest period and the officer will report to work the remainder of the shift following the rest period. The patrol officer will not have his/her shift extended as a result of this paragraph. Officers must notify Department supervision when they are going to take an 8-hour rest period. 2. Training Mid week Training will be paid at straight time. There will be an 8-hour rest period (admin time) prior to the start of training and an 17 121 122 8-hour rest period (admin time) following the end of training. Following the 8-hour rest period, after training, the officer will report for duty and work the remainder of the scheduled shift. If there are multiple days of training the officer will not report back to work between the training days. The patrol officer will not have his/her shift extended as a result of the operation of this paragraph. Officers must notify Department supervision in advance when they are going to take an 8-hour rest period. 3. Training on Last Work Day Training will be paid at time -and -one-half. There will be an 8- hour rest period before the beginning of the training. Officers must notify the department supervision in advance when they are going to take the eight (8) hour rest period. C. Training for SWAT The City retains the right to adjust the regular shifts of SWAT members to attend SWAT training. When working an adjusted shift, SWAT members will receive straight time for the first twelve (12) hours worked and time -and -one-half (1-1/2) for any hours in excess of twelve (12) and will receive double time pay for any hours in excess of thirteen (13) hours. SWAT members will be given a minimum of eight (8) hours rest before attending SWAT training at no cost to them. D. Employees Reporting back to Shift after Training If the officer is in training for less than a full twelve-hour shift, the employee may be required to report back to his/her regular assignment at the conclusion of training. In the event the employee is not required to report back to his/her regular assignment at the conclusion of training, the employee will be paid for the entire shift, as long as the employee was in training for eight (8) hours or more. 18 SECTION 4.10 Daylight Savings Time. Employees who are working on the graveyard shift when the clocks are moved back one hour will be paid one hour at the overtime rate of time and one-half. Employees who are working on the graveyard shift when the clocks are moved forward one hour (other than those who are regularly scheduled to be off at 2 a.m.) shall have the option of going off duty at their normal quitting time and utilizing one hour of vacation or compensatory leave, or working an additional hour to complete normal shift hours without additional compensation. ARTICLE 5 - SALARIES SECTION 5.1 Agreement. The Employer agrees to maintain salaries during the term of this Agreement as set forth in Appendix A & B. SECTION 5.2 Additions. This Agreement shall be opened for the purpose of negotiating salaries for new classifications affecting employees in the bargaining unit. Nothing in this section shall preclude the Employer from establishing new positions or classifications. SECTION 5.3 Regular Rate. The term regular rate (including variations such as regular pay rate, regular hourly rate, etc.) is intended to be consistent with the term regular rate as it is defined in the FLSA. ARTICLE 6- PREMIUM PAY SECTION 6.1 Premium Pay. Monthly premium pay equivalent to a percent of the top police officer monthly wage in the amount of five percent (5.0%) shall be paid to employees assigned to the following specialties: Auto Theft Task Force Detective Canine Community Police Team (CPT Team) Community Liaison Officer Detective Recruiting Officer School Resource Officer 19 123 Special Weapons and Tactics (SWAT) TAC Team Detective (including assigned Patrol Officer) Traffic/Motorcycle Officer Training Officer VNET Detective This premium shall be paid in addition to the normal salary structure contained in Appendix A. In no event may an employee receive premium pay for more than one specialty except that employees assigned to SWAT who receive premium pay for another specialty will be paid as set forth below. SECTION 6.2 FTO Pay. The FTO premium pay shall be five percent(5.0%) of the top step police officer monthly wage. When FTO work assignments are made by the Chief, or designee, the FTO pay will apply. There may be times when it is necessary to shift adjust a FTO for a training phase. During the period of any such shift adjustment, the FTO pay shall be increased to ten (10%). If such a shift adjustment is necessary, it shall be done at the Chief's discretion. SECTION6.3 SWAT Pay. The SWAT premium pay can be stacked with another premium for an additional 2% for a total of seven percent (7.0%) of the top police officer monthly wage. There will be no pyramiding of premium pay. In return, the City will have the right to adjust the regular shifts of SWAT members to attend SWAT training, pursuant to Article 4.9.C. ARTICLE 7 - DEPARTMENT WORK RULES SECTION 7.1 Generally. The parties recognize that circumstances change from time to time during the term of labor agreements that give rise to a need to discuss changes in hours or working conditions (including the scope of bargaining unit work). In order to provide a convenient forum to discuss these issues, the parties agree to the procedure set forth in Section 7.2. SECTION 7.2 Procedure. This Agreement may be amended within the 124 20 scope of this Article provided both parties concur. Supplemental agreements may be completed through negotiations between the parties at any time during the life of this Agreement. A joint committee comprised of representatives of the two parties will meet upon the request of either party to discuss proposals related to work hours or changes in working conditions, including the scope of bargaining unit work. Should either party desire to negotiate a matter of this kind, it shall notify the other party in writing of its desire to negotiate. Supplemental agreements thus completed will be signed by an authorized representative of the Employer and Guild, with a copy to the Director of Administrative Services. Should either party (through the Guild President, Police Chief, or their designee), having been notified of the proposed supplemental language, not respond by requesting a meeting of the joint committee within thirty (30) calendar days, the proposed language shall be considered acceptable and shall be forwarded to the other party for signature. Supplemental agreements thus completed shall become a part of this Agreement. In those cases where the parties cannot agree, the parties agree, upon the request of either party, to expeditiously proceed directly to request a PERC mediator who will mediate no more than a 30-day period and, if necessary, to proceed to interest arbitration on the issue as provided in RCW 41.56 et seq., using one of the arbitrators selected in the grievance procedure. The parties agree to waive the appointment of partisan arbitrators and that the matter will be heard by an arbitrator selected in the same manner as is provided in the grievance procedure. Neither party may be required to arbitrate a proposal, which, if granted, would require the Arbiter to change an express term of this Agreement. SECTION7.3 Work Rotation. The rotation of personnel between shifts shall be minimized within the limitations of providing an adequate and efficient work force at all times, as determined by the Employer. SECTION7.4 Personnel File: 21 125 A. Ownership. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court of administrative tribunal. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and employee; provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. The Police Chief and City Administrator shall have access to the individual personnel files in the normal course of their responsibilities. At the discretion of the Chief or his/her designees, file material shall be released to another law enforcement agency doing employment background upon proof of a signed release of the individual in question. B. Availability. The application and examination papers of a certified eligible shall be available for inspection by the appointing authority, the Chief of Police and the affected employee. Such papers shall also be made available to the elected or appointed officers of the Guild at the request of the affected employee. C. Employee rights. Employees shall have the right to review any and all items placed in his/her personnel file and shall have the right to request of the Chief that any complaint be withdrawn. In the event that such complaint is not withdrawn if such request is made, the employee may invoke the provisions of Article 20. Except that no material shall be removed from the file during that period of time that the employee is specifically named in any civil litigation in his/her capacity as an employee which pre -dates or is relevant to the litigation. D. Employer rights. The Employer shall have the right to purge employee files from time to time as deemed necessary, with all purged items being returned to the employee for his/her own 126 22 disposition. The Employer shall follow all applicable City and Department policies and procedures governing these files. Employees are encouraged to review their personnel files. 23 127 ARTICLE 8 - CLOTHING/EQUIPMENT SECTION 8.1 Uniforms and Equipment. The City shall (at its expense) issue and maintain uniforms and equipment for each commissioned officer under a quartermaster system. SECTION 8.2 Quartermaster System. Any garments, clothing and/or devices required by the Employer shall be furnished and maintained as needed and as approved by the Employer. The City and Guild have developed the following list of the minimum required/issued items, which may be amended by mutual agreement. All items issued under the quartermaster system shall meet Police Department standards. A. All Bargaining Unit Employees: Five (5) Uniform Shirts (at least one shirt will be long sleeve) Three (3) Uniform Pants One (1) Uniform Jacket One (1) Uniform Dress Hat One (1) Baseball Hat One (1) Uniform Tie One (1) Uniform Tie Clasp One (1) Uniform Jumpsuit to a maximum of $350 (upon successful completion of probation) One (1) Gore -Tex Uniform Raincoat One (1) Duty Firearm Two (2) Sets of Handcuffs One (1) Duty Baton One (1) Duty OC Canister One (1) Uniform Badge One (1) Uniform Hat Badge Five (5) Uniform Name Tags (sew on) One (1) Uniform Name Tag (Pin Type) One (1) Soft Body Armor (Threat Level 3A or Greater) One (1) Flashlight with Charge 128 24 Two (2) Citation Book Holders Duty Belt Belt Pants belt Four (4) keepers Security holster Double magazine pouch Cuff case(s), either one (1) double or two (2) single cuff cases OC case Radio case Key case Glove case Stick ring Flashlight ring holder B. Traffic issue: Two (2) Uniform britches One (1) pair Motorcycle boots in accordance with Section 8.2G below One (1) Leather jacket One (1) set Raingear One (1) coveralls Two (2) pair Safety gloves (winter & summer) One (1) Eye protection One (1) Helmet C. Detectives and plain clothes assignments and CPT Team: One (1) Hidden agenda jacket One (1) Undercover holster, cuff case, ammo pouch One (1) Coveralls One (1) Load bearing vest Credential wallet & badge D. TAC Team: (with bikes uniforms and equip as applicable to assignment) 25 129 Two (2) Bike uniform shirts, long sleeve One (1) Load bearing vest Two (2) Bike uniform shirts, short sleeve Two (2) pair Bike uniform shorts One (1) pair Bike uniform winter pants One (1) Bike uniform coat One (1) Hidden agenda jacket One (1) pair Footwear in accordance with Section 8.2H below One (1) pair Eye protection Two (2) Bike helmets Two (2) pair Safety gloves (winter & summer) One (1) Undercover holster, cuff case, ammo pouch One (1) Stinger flashlight with charger E. K-9 Assignments: Two (2) jumpsuits One (1) pair of boots One (1) pair of gloves One (1) Stinger flashlight with charger One (1) flashlight F. Footwear. Basic duty footwear. All employees shall be entitled to elect either shoes or boots. The City's maximum expenditure is $125 for shoes (to be replaced on an as needed basis) or $200 for boots other than motorcycle boots or bicycle footwear (to be replaced on an as needed basis). The individual employee shall pay any overage. Detectives may choose either basic uniform duty shoes or boots or dress shoes or boots. G. Motorcycle Boot. Motorcycle boots and britches (with turn -in of work equipment and in accordance with Department policy). Motorcycle boots shall be in addition to basic duty footwear. H. TAC Team Footwear. Bicycle footwear (with turn -in of worn equipment and in accordance with Department policy). Bicycle footwear shall be in addition to basic duty footwear. 130 26 SECTION 8.3 Dry Cleaning. The City will pay $250 per year directly to employees and employees will pay for drycleaning. SECTION 8.4 Plain Clothes (Non -Uniformed) Assignments. Employees assigned to a plainclothes Unit shall receive an annual clothing allowance in the amount of three hundred fifty dollars ($350). The clothing allowance shall be paid in the employee's first paycheck in December of each year. The clothing allowance shall be pro rated to reflect assignment to a plain clothes Unit for any period of less than a year. SECTION 8.5 Assignment of Department Take -Home Vehicles. Bargaining unit employees assigned to the following positions shall be issued take home vehicles: detective, detective sergeant, K-9, Traffic Unit (including Sergeant), TAC Team Detective, TAC Team Sergeant. A. Other bargaining unit employees currently assigned take home vehicles shall continue to be assigned take-home vehicles until the employees rotate to new assignments. The assignment of a vehicle to positions other than those specified in Section 8.5 above shall be at the discretion of the Police Chief. Take-home vehicles shall not go with employees when they transfer from one assignment to another. Each assignment shall be evaluated by the Chief as to need on a case by case basis. B. An employee with a take home vehicle shall be prohibited from driving the take home vehicle more than 35 miles outside the City limits when commuting to or from his/her home. In the event an employee with a take home vehicle lives more than 35 miles from the City limits of the City of Tukwila, such employee will be required to park his/her take home vehicle at a secured location (e.g. public entity like a Fire District, Police Department, State Patrol property) no more than 35 miles outside the City limits. 27 131 ARTICLE 9 - SICK LEAVE SECTION 9.2 LEOFF ll. Uniformed employees hired under the provisions of LEOFF II are excluded from the provisions of RCW 41.26.150 and shall receive sick leave benefits as follows: LEOFF II employees shall be entitled to and awarded twelve (12) days of sick leave with pay upon date of employment with the Employer. Beginning with the thirteenth (13th) month of continuous service, each employee shall accrue one day of sick leave with pay per calendar month of the employee's active service . A "day" for purposes of sick leave accrual shall be the number of hours that the officer is regularly scheduled for a shift (i.e. 12 hours of sick leave accrual for officers who work the 12 hour shift and 10 hours for officers who work the 10 hour shift). Employees will be allowed to carryover 720 hours of sick leave at the end of each calendar year. SECTION 9.3 FAMILY SICK LEAVE. A. Employees shall be allowed to use sick leave or other paid time off to attend to the illness or health condition of immediate family members (i.e., a child, spouse, parent, parent -in-law, or grandparent of the employee) . SECTION 9.4 Separation of Employment. In the event an employee terminates his/her employment, or such employment is terminated for any reason whatsoever with the Employer prior to using his/her accumulated sick leave time, he/she shall be entitled to pay equal to twenty-five percent (25%) of the amount payable for any unused sick leave unless terminated during the probationary period. If a probationary employee has used more than a day of sick leave per month worked, any additional amount shall be subtracted from the employee's final paycheck. SECTION 9.5 Domestic Partner Benefits. Employees will be eligible for domestic partner benefits in accordance with changes in City Policy. 132 28 SECTION 9.6: "Light Duty" is a temporary assignment that may be made by the Employer when an employee is restricted from performing the duties of his or her job as determined by their treating physician. If a light duty assignment is made available, the Chief or his designee will determine the assignment, length of assignment and work schedule based upon the restrictions provided by the treating physician. The light duty assignment will not exceed six months without approval of the Chief. This section is not intended to be more restrictive than applicable state and federal law, including RCW 41.04.505 and RCW 41.04.520. ARTICLE 10 - HOLIDAVS SECTION 10.1. Employees shall receive holidays in accordance with existing City ordinances, at times, which are mutually agreeable to both the Employer and the employee. A. Holidays Listed. The following are established as holidays: January 1 New Year's Day Third Monday in January Martin Luther King's Birthday Third Monday in February Presidents' Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September ........... ........... Labor Day November 11 Veteran's Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November DayafterThanksgiving December 25 Christmas B. Method of Payment 1. Patrol - Patrol bargaining unit employees (commissioned Officers not in specialty positions, except K-9, assigned to patrol work full-time) will be given a one -hundred - twenty -eight (128) holiday hour bank during each anniversary year of the current collective bargaining agreement in lieu of receiving holidays under Section 10.1A above. Sixty four (64) of these hours shall credited on January 1 and sixty four (64) 2 9 133 134 of these hours shall be credited on July 1. Patrol employees may choose to use these hours to take time off or to receive pay in lieu of time off or a combination of both. A request for payment may only be made two (2) times per year, one time in June and one time in December. A request for payment made by June 5 shall be paid by July 5. Any hours remaining on December 15 shall be paid on December 31, unless the employee uses these hours prior to payment. Holiday pay will be calculated at the employee's straight time rate of pay. Upon separation of employment, any unused holiday hours accrued up to that point will be paid out on the final paycheck. 2. Non -Patrol - Non -Patrol bargaining unit employees (commissioned Officers and Sergeants, not assigned to patrol work full-time) shall continue to work a four (4) ten (10) hour day schedule during a holiday week. (CBD Team included) a. Regularly Scheduled Work Day If a holiday is observed on the employee's regularly scheduled work day, the employee shall be given the day off and shall be paid ten (10) hours of holiday pay. The annual number of paid holiday hours is 100. b. Regularly Scheduled Day Off. If the holiday is observed on the employees regularly scheduled day off, the employee shall be paid eight (8) hours of holiday pay. If an employee is called into work on the holiday and the employee works a full shift on such holiday, the employee shall be paid double time and one- half for all hours worked on the holiday during the employee's regularly scheduled shift. All hours worked in addition to the employee's regularly scheduled shift on a holiday shall be considered overtime and paid in accordance with Section 4.4. of this collective bargaining agreement. 30 If an employee is called into work on the holiday and the employee works less than a full shift on such holiday, the employee shall be paid double time and one-half for all hours worked on the holiday and shall be paid holiday pay at his/her regular rate of pay for the remainder of his/her ten (10) hour shift. Holiday pay will be calculated at the employee's straight time rate of pay. ARTICLE 11 - EDUCATION ALLOWANCE SECTION 11.1 Education Allowance All non -probationary officers who are holding an AA degree or two (2) years of college (ninety credit hours for quarters and sixty credit hours for semesters) toward a Bachelor's Degree in an approved field of study will be awarded education incentive pay of 2% of the top police officer monthly wage. Any such officer holding a B.S. or B.A. Degree in an approved field of study shall be awarded education incentive pay of 4% of the top police officer monthly wage. Approved fields of study: 1. Law Enforcement 2. Sociology 3. Psychology 4. Public Administration 5. Business Administration 6. Political Science 7. Other work -related fields of study to the approval of the Chief. In order to be eligible for Education Incentive pay, degrees and credits shall be from a Nationally accredited college or university. Degrees shall be in an 31 135 approved field of study. However, Bachelor's degrees earned in other field(s) of study and extended by Nationally accredited colleges or universities may be compensated at the AA level at the discretion of the Chief. Credits that are granted for "life experience" as opposed to conventional coursework and independent study will not qualify for education incentive. SECTION 11.2 Tuition Reimbursement. The Employer shall reimburse employees for the cost of tuition as long as the subject matter of the course of study or of a specific course is in an approved field of study as set forth in Section 11.1 and as long as the tuition costs do not exceed those found at a Washington state university and as long as the officer is working towards a degree in that approved field of study. The total reimbursements for Guild represented employees, as a group, shall not exceed $9000 in any calendar year. Tuition reimbursement shall be applicable to undergraduate study. A. In order to receive tuition reimbursement an employee must receive approval for a course of study or for a specific course prior to taking the course. If an employee receives a scholarship (or received federal or state reimbursement funds [excluding student loans]) the total amount of the Employer's reimbursement shall not exceed 100% of the total cost of tuition. B. An employee receiving tuition reimbursement must maintain a "C" grade (or equivalent satisfactory mark) and shall submit a transcript with the request for reimbursement. C. A request for tuition reimbursement for an approved course of study or specific course shall be paid within sixty (60) days of submission. D. When an employee completes a course of study at a particular level (undergraduate or graduate) the employee shall notify the Employer of the degree attained. SECTION 11.3 In Service Training Agreements. Employees who are provided long-term training (in excess of four consecutive weeks) as a result of an assignment can be required, as a condition of assignment, to enter into 136 32 a reimbursement agreement for costs of specialized training. Reimbursement would be computed based upon term of the agreement, which shall not exceed twenty-four (24) months (i.e., 1/24th per month on a 24-month contract). Training costs will be estimated at the time the contract is presented. Actual repayment will be based on actual or estimated costs, whichever is lower. ARTICLE 12 - MASTER POLICE OFFICER PLAN SECTION 12.1 The Tukwila Police Department's Master Police Officer Plan recognizes the career police officer. The plans provide the department with a number of personnel who are highly trained in a variety of police duties. This program benefits both the individual and the Department as a whole, through special projects, continuing education and the overall and continued upgrading of personal knowledge. Eligibility for the respective steps of Master Police Officer are as follows. Master Police Officer 3 (MPO 3) 1. A performance rating of "meets standards" or above on the current annual city performance appraisal. 2. Successful completion of six (6) years of service with the Tukwila Police Department. Two (2) years of college (90 quarters or 60 semester hours) or one year of college and 160 hours of law enforcement training (exclusive of Basic Academy) through the Washington State Criminal Justice Training Commission. Other training will be evaluated for eligibility. Master Police Officer 2 (MPO 2) A performance rating of "meets standards" or above on the current annual city performance appraisal. 137 3 3 Must have spent at least two (2) years in any one or more specialty assignment, and/or have two (2) years experience at the Sergeant level, within the Tukwila Police Department. Specialty assignments are detectives, traffic, K-9, crime prevention, research and development, training, department instructor, School Resources Officer, TAC Team (or equivalent team under a different name), Field Training Officers, ESU (SWAT), and CDU to meet the specialty assignment requirement. An employee transferring to or from CDU to or from another specialty will be given pro rata credit for all CDU service. 3. Successful completion of nine (9) years of service with the Tukwila Police Department and three (3) years of college (120 quarters or 90 semester hours). Up to two (2) years of college may be substituted with law enforcement training at the rate of 160 hours of law enforcement training (exclusive of Basic Academy) through or approved by the Washington State Criminal Justice Training Commission or Tukwila Police Department for each year. Other training will be evaluated for eligibility. OR Effective January 1, 2019, successful completion of twelve (12) years of service with the Tukwila Police Department and 288 hours of law enforcement training (exclusive of basic Academy) through or approved by WSCJTC or the Tukwila Police Department. Master Police Officer 1 (MPO 1) 1. A performance rating of "meets standards" or above on the current annual city performance appraisal. 138 2. Must have spent at least three (3) years in any one or more 34 specialty assignment, and/or have three (3) years experience at the Sergeant level, within the Tukwila Police Department. Specialty assignments are detectives, traffic, K-9, crime prevention, research and development, training, department instructor, School Resources Officer, TAC Team (or equivalent team under a different name), Field Training Officers, ESU (SWAT), and CDU, provided however, an employee in CDU must have spent at least four (4) year in CDU to meet the specialty assignment requirement. An employee transferring to or from CDU to or from another specialty will be given pro rata credit for all CDU service. 3. Successful completion of twelve {12) years of service with the Tukwila Police Department and four (4) years of college (180 quarter or 90 semester hours). Up to two (2) years of college may be substituted with law enforcement training at the rate of 160 hours of law enforcement training (exclusive of the Basic Academy) through or approved by the Washington State Criminal Justice Training Commission or the Tukwila Police Department for each year. Other training will be evaluated for eligibility. OR Effective January 1, 2019, successful completion of fifteen (15) years of service with the Tukwila Police Department and 288 hours of law enforcement training (exclusive of basic Academy) through or approved by WSCJTC or the Tukwila Police Department. SECTION 12.2 Eligibility A. Notification. Each officer will notify the department, in writing, when requesting Master Police Officer status. A review will be done of his/her qualifications, including the most recent performance appraisal. 3 3 139 B. Re -application. Any officer who fails to meet the eligibility requirements will be able to reapply after the next performance appraisal. Performance appraisals will be done yearly on the employee's anniversary date. Should the yearly performance appraisal not be completed, it shall be considered waived for the affected period. If a Master Police Officer fails to meet the requirements two (2) consecutive evaluation periods, he/she will be returned to the next lowest position below the one he/she is currently in. He/she shall be eligible to reapply at the next evaluation period. C. Grievances. Any employee may grieve the results of an evaluation through Step Two (2) of the Formal Grievance Procedure as contained in Article 20 of the Labor Agreement between the parties. The decision of the Mayor shall be final. ARTICLE 13 - RESERVED ARTICLE 14 - VACATIONS SECTION 14.1 Vacation Hours. The following schedule shall govern with respect to vacations: Vacation Years Vacation Years Hours Completed Hours Completed 1 96 16 176 2 96 17 176 3 96 18 176 4 96 19 176 5 112 20 176 6 120 21 176 140 36 7 128 22 184 8 128 23 184 9 136 24 184 10 136 25 184 11 152 26 184 12 160 27 184 13 160 28 184 14 176 29 184 15 176 30 184 30+ 184 Section 14.2 Vacation Rules. Annual vacations shall be subject to the following rules: A. Minimum. The minimum vacation allowance to be taken by an employee shall be 15 minutes. B. Agreement. Vacations shall be granted at such times that are mutually agreeable to both the Employer and employee. C. Terminology. Temporary or intermittent employees who leave the employment of the City and later are re-employed shall, for the purpose of this Article, commence their actual service with the date of re-employment. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. D. Maximum. Maximum hours accumulations of vacation time shall not exceed that which is equal to two years total at the highest eligible rate. E. Pay upon death. On the death of an employee in active service, pay will be allowed for any vacation earned in the preceding year and in the current year and not taken prior to the death of such employee. 37 141 F. Leave of Absence. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given pro -rated vacation earned in the current year before being separated from the payroll. ARTICLE 15 - PENSIONS SECTION 15.1 Pension benefits shall be received in accordance with RCW 41.26 as currently in effect. ARTICLE 16 - MEDICAL COVERAGE SECTION 16.1 Medical Insurance A. Employer contributions. Except as otherwise provided in this Article, the Employer shall contribute the premiums necessary to purchase medical care insurance for each full-time employee and his/her dependents under the City of Tukwila's Self -Insured Medical Plan. Such coverage shall not be less than that which existed under the City of Tukwila Self -Insured Medical Plan in place February 1, 2004, except as subsequently agreed herein by the parties. B. Kaiser-Permanente . For employees who elect medical coverage through Kaiser-Permanente, the Employer shall pay up to the maximum dollar amount contribution of the Self -Insured Plan for full - family coverage. Any premium amounts in excess of the Employer's contribution shall be paid by the individual through payroll deduction. Coverage under the Kaiser-Permanente Plan shall be as determined by Group Health Cooperative. C. Cost of premiums. The Employer shall continue to pay the full premium for medical coverage under the Self -Insured Medical Plan up to a maximum increase of eight percent (8%) in a year. In the event the monthly premiums increase more than the stated amount in a year, the Employer or the Guild has the right to reopen the 142 3 8 Agreement to negotiate changes in the Self -Insured Medical Plan benefits so that the increase in premium costs does not exceed the stated amount. Effective January 1, 2018, the Guild accepts the following changes in plan design: The changes are: Increase co- pays for Specialist to $40 (from $25), Complex imaging to $100 (from $0), and Urgent Care to $50 (from $25) and Change to the Envision Select Formulary. SECTION 16.2 Dental. Dental coverage will be maintained for all employees and their dependents during the term of this Agreement under the City of Tukwila Self -Insured Dental Plan, or its replacement. All employees under this Agreement shall be required to participate. The cost for such plan will be borne on the following basis: the Employer will contribute one hundred percent (100%) of the total premium for this coverage. Such coverage shall not be less than that which exists under the AWC WDS Plan "A" in place October 1989, except as provided under this Article. SECTION 16.3 Optical Plan. Examination and eye glasses/contact lenses for all employees and dependents covered under this Agreement will be paid for by the Employer. The City shall provide coverage for eye examinations, vision, and optical care to regular full-time police officers and their dependents at the rate of $250 per person, to a maximum of $500 per family unit, each year. SECTION 16.4 Life Insurance. The Employer shall pay one hundred percent (100%) of the total premiums of all life insurance of the benefits of the employee covered under this Agreement. The face value of said insurance policy shall be $25,000 and shall include $25,000 dismemberment clause. SECTION 16.5 LEOFF II Disability Insurance. With respect to LEOFF II officers, the Guild has elected to forego City coverage and has selected an alternative LTD plan. The City shall require LEOFF II Officers to participate in the long- term disability insurance program selected by the Guild as a condition of employment. The City shall provide for a mandatory payroll 39 143 deduction to accomplish this purpose. SECTION 16.6 Insurance Carrier. The City retains the right to select all insurance carriers or to self -insure coverage as provided herein. SECTION 16.7 Re -opening Clause. During the term of this Agreement, the City and the Guild each reserve the right to open negotiations in the event healthcare reform legislation, including the Affordable Care Act (ACA), mandates changes unanticipated by the parties. The purpose of such negotiations shall be to reach agreement on a mutually acceptable alternative medical option(s). SECTION 16.8 Retirement Health Savings Plan. The City will establish and maintain a mutually agreed upon, IRS qualified retirement health savings plan as soon as possible after the implementation of the collective bargaining agreement. In the event no agreement is reached, there will be no retirement health savings plan for bargaining unit employees. SECTION 16.9 Domestic Partner Benefits. Employees will be eligible for Domestic partner benefits in accordance with changes in City Policy. ARTICLE 17- PROBATIONARY PERIOD SECTION 17.1 Probationary Period. All newly hired and promoted employees must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee completes the training academy and begins work in patrol. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation or compensatory time off shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the hiring process; therefore, the provisions of this Article will not apply to employees if they are discharged during their initial probationary period or are demoted during 144 40 the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with Article 20. SECTION 17.2 Lateral Hires. Lateral hires who have previously completed the training academy shall have their probationary period begin on the date of hire. All other provisions of Section 1 above shall apply to lateral hires. SECTION 17.3 Wage Progression. Employees shall progress through the wage steps established in accordance with Appendix A of this Agreement. ARTICLE 18 - DISCIPLINARY PROCEDURES SECTION 18.1 It is agreed that the Employer has the right to discipline, suspend or discharge any employees for just cause. Employees are subject to the provisions published as Administrative Policy, City Ordinances, City and State Civil Service Rules and Regulations as they exist, and the terms of this Agreement, including the procedures set forth in Section 18.2. SECTION 18.2 The following procedures shall apply to: (a) provide prompt, just, open and fair dispositions of complaints against employees of the Employer and, (b) provide procedural protection to all employees during the complaint and disciplinary process. A. A "disciplinary interview" shall mean questioning by a person in authority over an employee when the interviewer either knows or reasonably should know that the questioning concerns a matter that could lead to suspension, demotion, termination, as opposed to routine inquiries. B. Every employee who becomes the subject of a disciplinary interview shall be advised, in writing, a minimum of 48 hours prior to the time of the interview that he/she is suspected of: 41 145 1 Committing a criminal offense; 2. Misconduct that would be grounds for termination, suspension, or demotion; and, 3. That he/she has the right to Guild representation during the interview. 4. The general scope of the interview including the nature of the matter in sufficient detail to reasonably apprise the employee of the matter under investigation. C. Any employee who becomes the subject of a criminal investigation may have legal Counsel present during all interviews. Nothing in this agreement, however, shall be deemed a waiver of an employee's right to Union representation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge. 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 condition 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, preferably during the normal workday of the employee, unless the exigencies of the interview dictate otherwise. This requirement shall not apply to pre -disciplinary hearings with the Chief. G. The employee or Employer may request that a disciplinary interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee in a disciplinary interview shall be provided an exact copy 146 42 of any written statement he/she has signed and a copy of the officer's taped/transcribed (if made) interview. 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 shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing, before being interviewed. Such opportunity to contact and consult privately with a private attorney shall not unduly delay the disciplinary interview. The employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, meals, telephone calls and rest periods. The employee may be represented by either a private attorney or the Guild 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 factual basis for disciplinary action under one (1) or more of the categories contained in Section 18.2.b.2 herein. J. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. K. No employee shall be required to unwillingly submit to a polygraph test. L. Should any section, sub -section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. 43 147 M. The investigation shall be completed in a reasonable amount of time in light of the circumstances and discipline shall be imposed within a reasonable amount of time after the conclusion of the investigation. ARTICLE 19 - MANAGEMENT RIGHTS SECTION 19.1 The Guild recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. SECTION 19.2 The Employer has the right to schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and thepublic safety. SECTION 19.3 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. SECTION 19.4 The Employer reserves the right to lay off personnel for, lack of work or funds; or for the occurrence of conditions beyond the control of the Employer, or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accordance with Article 4 of this Agreement. SECTION 19.5 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. Mayor. The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and the City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 148 44 B. Council. The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies and final determination of employees' compensation. C. Commission. The responsibility of the Civil Service Commission, as provided by State statute or ordinance, for establishing rules, certifying registers and the reviewing of appointments in the police service, subject to the applicable bargaining duty of the City and the terms of this agreement. D. Police Chief. The responsibility of the Chief of Police and his delegates governed by Ordinance, Civil Service rules and Departmental rules, and as provided for in this Agreement, as follows: 1 To recruit, assign, transfer, or promote members to positions within the Department. 2. To relieve members from duties because of lack of work, or lack of funds. 3. To determine methods, means, and personnel necessary for departmental operations. 4. To control the departmental budget. 5. To take whatever temporary actions are necessary in emer- gencies in order to assure the proper functioning of the Department. ARTICLE 20 - GRIEVANCEPROCEDURE SECTION 20.1 Definition. A "grievance" means a claim or dispute by an employee (or the Guild on behalf of an employee or employees or on its own behalf with regard to matters effecting the Guild as an entity) with respect to the interpretation or application of the provisions of this Agreement. 45 149 SECTION 20.2 Procedure: A. Step 1: An employee or the Guild must present a grievance within fourteen (14) calendar days of its alleged occurrence to the employee's supervisor who shall attempt to resolve it within fourteen (14) calendar days after it is presented to the supervisor. B. Step 2: If either the employee or the Guild is not satisfied with the solution by the supervisor, the grievance, in writing, stating the section of the agreement violated, the facts of the case as seen by the grieving party, and the remedy sought, may be presented within fourteen (14) calendar days after receipt of the supervisor's answer in step 1 to the Chief of Police (with a copy to the Administrative Services Director) who shall attempt to resolve the grievance within fourteen (14) calendar days of its presentation. In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 2 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended to complete a reasonable investigation before the election of remedies is made. Appeal for disciplinary actions shall bypass Step 3 below and proceed directly to the Civil Service Commission pursuant to the rules of the Commission or to arbitration as provided for in Step 4 of this agreement. C. Step 3: If the employee or the Guild is not satisfied with the solution by the Chief of Police, the grievance, in writing, together with all other 150 46 pertinent materials may be presented to the Mayor or his/her designee by a Guild representative within (14) calendar days after receipt of the Chiefs answer in Step 2. The Mayor or his/her designee shall attempt to resolve the grievance within fourteen (14) calendar days after it has been presented to the Mayor. D. Step 4: Except as otherwise provided in this Article, if the grievance is not resolved in Step 3 the grievance may, within thirty (30) calendar days, be referred to arbitration by the Guild. The City and the Guild shall try to agree upon a mutually acceptable arbitrator. If the parties fail to agree, they shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, with all arbitrators being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. The Arbitrator shall hold the hearing within 120 days of his/her appointment unless the parties mutually agree to extend the hearing date in writing. The Arbitrator shall decide the case based on the interpretation and application of the provisions of the agreement within thirty (30) days after such hearing. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City, which is beyond its jurisdiction. Each party hereto will pay the expenses of their own representatives (e.g. attorney's fees) and the expenses of the arbitrator will be borne equally by the parties hereto. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this agreement. SECTION 20.3 Timeliness. It is the intent of this grievance procedure that the parties will process grievances within the timeframes set forth herein. 47 151 In the event the grievance is not processed in the timeframes stated, then the matter shall be considered resolved. If the City fails to comply with the timeframes herein, then the grievance will automatically advance to the next step. The timeframes may be extended by mutual written agreement of the parties. ARTICLE 21 - NO STRIKE SECTION 21.1 No Strike. During the life of this Agreement, neither the Guild nor any officer, agent, or employee will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, or "sick-outs". SECTION 21.2 Guild Official Responsibility. Each employee who holds the position of officer or Executive Board Member of the Guild occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In the event of a violation of Section 21.1 of this Article, the Guild agrees to inform its members of their obligations under this Agreement, and to direct them to return to work. ARTICLE 22 - LEAVES SECTION 22.1 Discretionary Leaves. The City may, at it discretion, grant a leave of absence under this subsection except for illness, injury, or pregnancy, to any bargaining unit employee for good and sufficient reason. The City shall, at its discretion, set the terms and conditions of the leave, including whether or not the leave is to be with pay. SECTION 22.2 Military Leave. Military leave shall be granted in accordance with applicable law. SECTION 22.3 Jury Leave. All employees covered by this Agreement who are required to report for jury duty shall sign their jury duty checks over to the City, and shall be compensated at their regular rate of pay for each hour actually spent on jury duty. If an employee is released by the Court from jury duty on any given day, the employee shall immediately notify his/her 152 48 supervisor for assignment to work. If, however, jury duty lasts eight hours or more, but less than a full shift, the employee shall not be required to report back to his/her regular assignment at the conclusion of Court for that day and shall be compensated at their regular rate of pay for the full shift. SECTION 22.4 Funeral Leave. An employee who has a member of his/her immediate family taken by death or who has been notified by a physician in attendance of imminent death may request to use up to eighty (80) hours of leave of absence with pay. Immediate family shall be defined as: spouse, mother, father, mother-in-law, father-in-law, children, brother, sister, son-in- law, daughter-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren. Employees will be eligible for Domestic Partner benefits in accordance with changes in City Policy. SECTION 22.5 Employment Elsewhere. A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self- employment without the expressed written consent of the Chief of Police. ARTICLE 23 - INDEMNIFICATION SECTION 23.1 In accordance with RCW 4.96.041 and Section 2.16.020 of the City Municipal Code, the City shall indemnify, defend, and hold harmless any employee subject to claim or suit, including damages of a non -punitive nature, when the employee has in good faith purported to perform acts within the scope of the employee's performance of his/her official duties. Indemnity defense shall not be provided by the Employer for any suit, claim or action brought against the employee by, or on behalf of, the Employer, SECTION 23.2 In an Inquest arising out of the use of force, the employee shall have the right to legal representation by an attorney selected by the employee from the following list that has been agreed to by the Guild and 49 153 the City. If 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 that the employee was not engaging in criminal misconduct. The attorney selected by the employee must have a high level of experience in representing law enforcement officers in the use of force. The City shall have a reasonable right to approve the choice of counsel in light of the requirements described herein; to review billings for such representation and approve all payments in writing. In the event outside counsel is retained by the employee and the employee is subsequently convicted of a crime or it is determined by a court of competent jurisdiction that the employee 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. The list of acceptable counsel for purposes of alternative defense of police officers in inquest proceedings: 1. Ted Buck Stafford, Frey, Cooper 1301 Fifth Avenue Suite 2500 Seattle, WA 98101 (206) 623-9900 4. Richard Jolly or Mark Bucklin Keating, Bucklin, & McCormack, Inc. 800 Fifth Avenue Suite 4141 Seattle, WA 98104 (206) 623-8861 2. Hillary McClure, Vick, Julius, 5. Andrew Cooley or Stew Estes McClure or Derrick Isackson Keating, Bucklin, & McCormack, Inc. 5506 Sixth S 800 Fifth Avenue Seattle, WA 98108 Suite 4141 (206) 957-0926 Seattle, WA 98104 (206) 623-8861 154 50 3. David Allen Allen, Hansen & Maybrown 600 University St. #3020 Seattle, WA 98101 (206) 447-9681 ARTICLE 24 - SAVINGS CLAUSE SECTION 24.1 Severability. If any article of this Agreement of any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such article. SECTION 24.2 Prevailing authority. If any provisions of this Agreement are found by a court of competent jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter shall prevail except in Guild security provisions, in which case, the provisions of Article 20 shall prevail. The Employer agrees that in the event that any provision of Civil Service Rules and Regulations are suspended, abolished or modified, collective bargaining shall proceed immediately with respect to any items which as a result of such change may come within the discretion of the Employer, and the results of such bargaining shall be made a part of this Agreement. ARTICLE 25 - ENTIRE AGREEMENT SECTION 25.1 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. 51 155 SECTION 25.2 The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Guild, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 26 - SAFETY SECTION 26.1 The Guild and City agree that the physical fitness of Guild members is important to their health and safety. The City and the Guild will both support and encourage employees to be physically active and to be involved in a personal program of regular exercise. ARTICLE 27 - DURATION OF AGREEMENT SECTION 27.1 Effective date and Duration. Unless otherwise provided herein, this Agreement shall become effective upon execution and shall remain in force until December 31, 2021 . SECTION 27.2 Conflicts. When there is a conflict between any collective bargaining agreement reached by an employer and a bargaining repre- sentative on a Guild security provision and any charter, ordinance, rule or regulation adopted by the public employer or its agents, including but not limited to a civil service commission, the terms of the collective bargaining Agreement shall prevail. 156 52 CITY OF TUKWILA Allan Ekberg, Mayor Date: Attest: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: City Attorney TUKWILA POLICE OFFICERS' GUILD Police Guild President Date: 53 157 POLICE COMMISSIONED AGREEMENT TUKWILA POLICE OFFICERS' GUILD AND THE CITY OF TUKWILA APPENDIX "A" -WAGE SCHEDULES 2019 - 2021 Effective January 1, 2019, base salaries in effect on December 31, 2018, for Police Officers shall be increased by 3.6°/0. Effective January 1, 2020, base salaries in effect on December 31, 2019, for Police Officers shall be increased by 100% of the Seattle Tacoma Bellevue CPI-W June for the period of 2018 to 2019. Effective January 1, 2021, base salaries in effect on December 31, 2020, for Police Officers shall be increased by 100% of the Seattle Tacoma Bellevue CPI-W June for the period of 2019 to 2020. Members of the bargaining unit who have completed 20 years of service with the TPD shall receive compensation as set forth in Appendix B. Deferred Compensation. Effective January 1, 2020, the Employer shall contribute a $50.00 monthly matching deferred compensation contribution to a 401(a) account for each participating employee. Effective January 1, 2021, the Employer shall contribute an additional $75.00 monthly matching (a total of $125.00) deferred compensation contribution to a 401(a) account for each participating employee. Retroactive pay adjustments shall be paid to individuals who were employed during the time period covered by the retroactive wage regardless of whether they are still employed by the City of Tukwila Police Department at the time of payment. 158 54 APPENDIX "A"- WAGE SCHEDULES Class Level 1 /1 /2019 1 /1 /2020 1 /1 /2021 3.6% 100% June CPI W = 1.7% 100% June CPI W P05 Entry $6,300 $6,407 $ PO4 $6,632 $6,745 $ P03 Lateral $6,970 $7,089 $ P02 $7,312 $7,436 $ P01 $7,679 $7,809 $ MPO3 6+ Yrs $7,872 $8,005 $ MPO2 9+ Yrs $8,064 $8,201 $ MPO1 12+ Yrs $8,254 $8,394 $ 55 159 APPENDIX "B" — MPO SCHEDULE Calculations for year 2019 X PO1 $7679 After 6 Yr After 9 Yr After 12 Yr After 20 Yr 1 1/1/2019 %xPO1 %xPO1 %xPO1 %xPO1 Career Officer No MPO 2.0% 3.0% 4.0% 5.0% $7,833 $7,909 $7,986 $8,064 MPO3 2.5% 3.5% 4.5% 5.5% $7,872 $7,948 $8,025 $8,101 MPO2 5.0% 6.0% 7.0% $8,064 $8,140 $8,217 MPO1 7.5% 8.5% $8,254 $8,332 160 56 APPENDIX "B" — MPO SCHEDULE Calculations for year 2020 Calculations for year 2019 X PO1 $7809 After 6 Yr After 9 Yr After 12 Yr After 20 Yr 1/1/2020 %xPO1 %xPO1 %xPO1 %xPO1 Career Officer No MPO 2.0% 3.0% 4.0% 5.0% $7,965 $8,043 $8,121 $8,199 MPO3 2.5% 3.5% 4.5% 5.5% $8,004 $8,082 $8,160 $8,238 MPO2 5.0% 6.0% 7.0% $8,199 $8,278 $8,356 MPO1 7.5% 8.5% $8,395 $8,473 57 161 APPENDIX "B" — MPO SCHEDULE Calculations for year 2021 to be completed after release of CPI-W June 2019 to 2020 X PO1 $ After 6 Yr After 9 Yr After 12 Yr After 20 Yr 1/1/2021 %xPO1 %xPO1 %xPO1 %xPO1 Career Officer No MPO 2.0% 3.0% 4.0% 5.0% $ $ $ $ MPO3 2.5% 3.5% 4.5% 5.5% $ $ $ $ MPO2 5.0% 6.0% 7.0% $ $ $ MPO1 7.5% 8.5% $ $ 162 58