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HomeMy WebLinkAbout5.261 Original Contract 5..;} u / AGREEMENT BY AND BETWEEN CITY OF PORT ANGELES AND TEAMSTERS LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS SWORN OFFICERS UNIT January 1, 2008 thru December 31, 2010 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS Section A - Purpose Section B - Agreement Section C - Recognition Section D - Savings Clause Section E - Non-Discrimination ARTICLE II - RIGHTS OF PARTIES Section A - Management Rights Section B - Umon Security Section C - Payroll Deductions Section D - Personnel Policy and Procedures Section E - Record Keeping Section F - Personnel Records Section G - Labor-Management Committee Section H - Police Department Employee Bill of Rights Section I - CItizen Volunteer Programs Section J - Promotions Section k - Union Communications ARTICLE III - WORKING CONDITIONS Section A - Hours of Work Section B - Shift Rotation Section C - Response Time Section D - Relatives Working in the Police Department Section E - Work Stoppage Section F - Drug Testmg Policy ARTICLE IV - COMPENSATION Section A - Wages Section B - Deferred Compensation Section C - Longevity Pay Section D - Overtime Compensation Section E - Stand-by/Call-Back Section F - Compensatory Time Section G - Educational Incentive Pay Section H - Tuition Reimbursement Section I - Higher Class Pay Section J - Uniform Maintenance Allowance Section K - Field Training Officer Pay PAGE NO. 1 1 1 1 2 3 3 4 4 5 5 5 6 6 7 7 8 9 9 9 10 10 14 14 14 14 15 15 16 17 18 18 18 ARTICLE V - P AID LEAVE TIME Section A - Vacation Section B - Sick Leave/Family Leave Section C - Holidays 19 19 23 ARTICLE VI - HEALTH BENEFITS Medical, Dental, Vision, LTD, Life, & RWT Plus Retiree Fee 24 ARTICLE VII - GRIEVANCE PROCEDURE 26 ARTICLE VIII - DURATION OF AGREEMENT 29 APPENDIX A - SALARY SCHEDULE TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT ARTICLE I - GENERAL PROVISIONS Section A - Purpose Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of employees covered by this Contract. Section B - A2reement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 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 parties 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. Section C - Reco2nition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: . Police Officer . Police Corporal . Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto shall be provided to the Human Resources Manager. Section D - Savin2s Clause The City and the Union agree that should any portion of thIS Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 1 Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or membership or non-membershIp in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to eIther gender. 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authonty normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as may be limited by an express provision of this Agreement. 2. Set standards of service, establIsh Department policy/procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B - Union Security 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union III good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If objections to joining the Umon are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious chanty or to another 3 charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the oblIgation in (1) above, the Union shall provIde the employee and the City with thirty (30) days' notification ofthe employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C - Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit such amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contrIbutions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty (30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data processing limitations. Section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except changes in related working conditions which shall be negotiated with the Union. 4 Section E - Record Keeoin!! The City shall maintain records of overtime, time off and the data in the records system will be made available to employees. The CIty will keep records of requests and disbursements regarding tuition reimbursement. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal, which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Officers may request removal of disciplinary action documents from their personnel file one year from the date such documentation was placed into the officers personnel file. Upon receipt of such a request, the matter will be placed before the Labor Management Committee, described in Article II, Section G below, for review and recommendation to the Police Chief. The decision to remove will at all times remain with the Police Chief. Section G - Labor-Mana!!ement Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to met at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Local and two employees from the bargaining unit, and others that may need to attend who are affected by an issue under dIscussion. Attendance by other on-duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. 5 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT ARTICLE I - GENERAL PROVISIONS Section A - Purpose Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of employees covered by this Contract. Section B - A2reement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 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 parties 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. Section C - Reco2nition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: . Police Officer . Police Corporal . Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto shall be provided to the Human Resources Manager. Section D - Savin2s Clause The City and the Union agree that should any portion of thIS Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 1 Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or membership or non-membershIp in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to eIther gender. 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authonty normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as may be limited by an express provision of this Agreement. 2. Set standards of service, establIsh Department policy/procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B - Union Security 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union III good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If objections to joining the Umon are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious chanty or to another 3 charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the oblIgation in (1) above, the Union shall provIde the employee and the City with thirty (30) days' notification ofthe employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C - Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit such amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contrIbutions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty (30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data processing limitations. Section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except changes in related working conditions which shall be negotiated with the Union. 4 Section E - Record Keeoin!! The City shall maintain records of overtime, time off and the data in the records system will be made available to employees. The CIty will keep records of requests and disbursements regarding tuition reimbursement. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal, which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Officers may request removal of disciplinary action documents from their personnel file one year from the date such documentation was placed into the officers personnel file. Upon receipt of such a request, the matter will be placed before the Labor Management Committee, described in Article II, Section G below, for review and recommendation to the Police Chief. The decision to remove will at all times remain with the Police Chief. Section G - Labor-Mana!!ement Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to met at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Local and two employees from the bargaining unit, and others that may need to attend who are affected by an issue under dIscussion. Attendance by other on-duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. 5 Section H - Police Department Emplovee Bill of Rh!hts Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights. 1. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprized of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, such questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee (which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions, as he shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condItion of continued employment. 7. ThIS Police Department Bill of Rights only applies to dIscIplinary actions and related investIgations, excluding cases of criminal investigations. Section I - Citizen Volunteer Pro2:rams Management reserves the right to establish citizen volunteer programs to perform non-critical public service functions related to the department's Community Policing goals and objectives. Such programs or functions shall not supplant current full-time department personnel. Ifthe Department determines that it may have need of adding permitted actions to the list below, it will contact the Union and the Union agrees to meet and confer with the Department Head. 6 Section H - Police Department Emplovee Bill of Rh!hts Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights. 1. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprized of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, such questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee (which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions, as he shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condItion of continued employment. 7. ThIS Police Department Bill of Rights only applies to dIscIplinary actions and related investIgations, excluding cases of criminal investigations. Section I - Citizen Volunteer Pro2:rams Management reserves the right to establish citizen volunteer programs to perform non-critical public service functions related to the department's Community Policing goals and objectives. Such programs or functions shall not supplant current full-time department personnel. Ifthe Department determines that it may have need of adding permitted actions to the list below, it will contact the Union and the Union agrees to meet and confer with the Department Head. 6 Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of registered sex offender and criminal alert bulletins; crime prevention programs; assisting with non- specialist tasks for the Records Division; assisting the Operations Division by acting in capacities not reqUIring sworn officer status during special community events such as parades, athletic events, and fairs, and with "citizen patrols" of areas and events such as the Waterfront Trail, City parks, and downtown area for the purposes of documenting and reporting 1llegal activity to the Police Department Citizen volunteers may be a deterrent to criminals by the mere fact that they are identifiable by their "uniforms" and the vehicle they drive as an official component of the Police Department, but they shall be trained not to represent themselves as sworn officers and to not act in any capacity that would supplant or require a sworn officer. Citizen volunteers shall not be paid for their duties. Section J. Promotions: 1. The parties agree that when there is a promotional vacancy in the classifications represented by the Union, that the City will post the recruitment notice for a minimum of 10 working days within the Police Department. 2. Promotional openings for classes represented by the Union shall be filled only from within the Port Angeles Police Department. 3. Classes currently represented by the labor contract are Police Officer, Corporal, and Sergeant. 4. Employees in probationary status shall be ineligible for promotional testing. Section K. Union Communications: 1. A Union official who is an employee in the bargaming unit shall be granted time-off without loss of pay for meetmgs with the employer concerning matters vital to the employees in the bargaining unit; provided however, such activities shall not interfere with the normal functioning of the Department and prior permission from the employee's supervisor shall be obtained. 2. Union investigative and visitation privileges: The Business Representative of the Union may visit the work location of employees covered by this agreement at any reasonable time; provided however, such visitations shall not interfere with the normal functioning of the Department. The Business Representative agrees to notify management of his presence in the work place. 3. Bulletin Boards: The Employer shall provide suitable space for a Union bulletin board on its premises in an area which is frequented by all employees within the bargaining unit. 4. Union Business: Reasonable time off with pay shall be provided to affected employees to attend official Union functions, such as Union membership meetings; provided however, such attendance shall not interfere with the normal operations of the Department. 7 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 1. Work Week: The normal hours on duty for shift personnel shall be established by the City so that the average hours worked in any week shall be composed of five consecutive eight (8) hour shifts and two (2) consecutive shifts off duty, or four (4) consecutive ten (10) hour shifts and three (3) consecutive shifts off duty. The City may require overlapping shifts if needed. Starting time for all regular shifts shall be as follows: Regular Patrol shifts are: Days: 7:00 AM to 3:00 PM Swing: 3:00 PM to 11:00 PM Graveyard: 11 :00 PM to 7:00 AM Regular Detective shifts are: Days: 7:00 AM to 3:00 PM 8:00 AM to 4:00 PM 9:00 AM to 5:00 PM 10:00 AM to 6:00 PM Regular Detective: Alternatives to the regular detective shifts and the selection of shifts in the Detective Division shall be the responsibility of the Detective Sergeant, with administrative approval. Alternative shift rotations and work shifts may be discussed and implemented by mutual agreement of the parties. Any such changes will be in writing as an addendum to this Agreement. The K-9 Officer's work day shall be an 8~hour shift, including 60 minutes of dog maintenance. a. Seven days advance notice will be provided to changes to an employee's established schedule, unless an emergent police situation requiring a reallocation of shift personnel exists or a reassignment of personnel due to illness, injury, suspension or resIgnation or termination of commissioned personnel with less than two weeks notice is necessitated. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled two days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled two days off. b. Nonstandard shifts or extra shifts may be scheduled for the following reasons, when needed, and will be scheduled 24 hours in advance, unless an emergency manpower situation exists: 8 To provide staff for a special services section that may include, but is not limited to,Bicycle Patrol Crime Prevention duties, Pro Act duties, DUI emphasis patrols, focused crime prevention patrols, criminal investigations, or community policing functions as adopted by the department. 2. Work Day: The normal work day, for Patrol and Detectives shall consist of eight (8) consecutive working hours in a 24-hour period (separated at the approximate mid-point by a meal period, if appropriate, as defined herein). The starting and ending times of the work day shall be determined by the City. 3. Rest Periods: The City shall provide two I5-minute rest periods; one in the first half and one in the second half ofthe work shift. Such rest periods may not be permitted if Departmental operations would be affected. Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken beyond the current shift. 4. Meal Periods: Meal periods shall be scheduled by the City and will be either 30 minutes of paId time or 60 minutes of non-paid time, as determined by the CIty. The Supervisor shall determine the meal period during the shift. Detectives on stand-by are excluded from application of this SectIOn. 5. Personal requests for a change or trade of shift must be approved by administration. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested change or trade of shift for personal reasons nor shall the City be obligated to pay for time not worked in a normal work week as a result of such change or trade of shifts. Section B - Shift Rotation The City may, at its discretion, change an employee's work shift. In the event of shift rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected, as determined by the Police Chief. Section C - Response Time Employees covered by this agreement shall reside within a 3D-minute response time from the Police Department Headquarters. Driving time shall be calculated using the lawful speed limits. Section D - Relatives Workin2: in the Police Department If employees in the Police Department become related through marriage or cohabitation, which may result in a problematic, questionable, or preferential supervisor/subordinate relationship in the judgment of the Police Chief, the City will make a reasonable effort to change shifts of the individuals affected. 9 However, the City reserves the exclusive right to terminate, transfer, or re-assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Police Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E - Work StoPJ>al!es. Strikes. or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct contrary to this objective. During the term of this agreement, the Union and the employees covered by this agreement shall not engage in any work stoppage, strike, work slow-down, sick-out, or any other concerted activity which may, in any manner, interfere with public safety, municipal services, or be construed as contrary to the objective above. It is further understood that employees who engage in any such actions as noted above shall be subject to any disciplinary action as may be determined by the City. Employees shall be held responsible for any financial losses suffered by the City as a result of such work actions. Section F - Drul! Testinl! Policy 1. Policy: 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 pohcy, 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 over the counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various 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 impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in criminal conduct, whether drug-related or not. 10 When a supervisory employee 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 for the presence of alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or Illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Section. If the results of the drug test are positive, and establish that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subj ect to discipline including immediate discharge. 2. Definitions: F or the purpose of administering this Section, the following definition of terms is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drugs or improper alcohol use by that particular employee. Under the Influence - The following cut-off levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (ng/ml) Amphetamines Barbiturates Benzodiazepines Cannabinoids Cocaine Metabolites Methadone Methaqualone Opiates (Codeine) Opiates (Morphine) Phencyclidine (PCP) Propoxyphene Test Level 1000 300 300 100 300 300 300 300 300 25 300 Level of the positive results for ethyl alcohol 0.05 gr/dl. Illegal Drugs - are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter Drugs - are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. 11 Prescription Drugs - are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/ physician or dentist. 3. Procedures: . If an employee is required to submit to a drug test, the following procedure shall be followed: . The employee shall be given an opportunity to confer with a union representative if one is readily available and the employee has requested a representative. . The employee shall be given an opportunity to explain to the Medical Review Officer (MRO) the reasons for the employee=s conditions, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee. The employee, employer, and a union representative may be present during this discussion. . The employer may request urine and/or blood samples. . Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility. The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. . 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 union representative to the extent they have elected to be present, and proper chain-of-custody procedures shall be followed. . The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). . If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 nglml. Confirmatory Test: Marijuana metabolites Cocaine metabolites Opiates: Morphine Codeine 15 nglml 150 nglml 300 nglml 300 ng/ml 12 Phencyclidine Amphetamines: Amphetamine Methamphetamine 25 ng/ml 500 ng/ml 500 ng/ml . At the employee's or the union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. . The employee and the union shall be informed of the results of all tests and provided with all documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer (MRO) in the Association of Washington CitIes (A WC) Drug Testing Consortium to review all confirmed positive test results and communicate those results to the employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standard enumerated herein. 13 ARTICLE IV - COMPENSATION Section A - Wa2es - Three-Year A2reement 1. Effective January 1, 2008, wages will be increased by 3.0% for all officers covered by this labor contract. Plus an additional1.0% wage increase effective July 1, 2008. 2. Effective January 1, 2009, wages will be increased by 5.58% for all officers covered by this labor contract. Plus, an addItlOnal1.0% effective July 1, 2009. 3. Effective January 1, 2010, wages will be increased equal to 90% ofthe Seattle-Bremerton CPI-W, using the June 2008 - June 2009 index. The minimum increase shall be 2% and the maximum 5%. Plus an additional 1.0% effective July 1, 2010. Section B - Deferred Compensation The City will make a 3.1 % biweekly contribution to the deferred compensation account of each bargaining unit employee, based upon the employee' base wage. Section C - Lon2evitv Pay The City agrees to pay longevity premiums as follows, computed upon the monthly base wages: . Completion of five (5) years City service, 2%; . Completion often (10) years City service, a total of 4%; . Completion of fifteen (15) years City service, a total of 6%; . Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion ofthe eligibility requirements. For the purpose of determining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. Section D - Overtime Compensation 1. OvertIme hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the work week or eight (8) hours in the work day. 2. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay, calculated to the nearest 15 minutes. 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. Overtime shall be offered to regular, full-time Police Officers in descending seniority and assigned by ascending seniority. 14 All regular overtime and paid detail police work shall be offered to Police Officers prior to usmg Police Reserves. 5. If an employee is required to report to the employee's scheduled shift within twelve (12) hours of working his or her previously scheduled shift, then the employee shall earn pay at the overtime rate until a twelve (12) hour or more period of time falls between the employee's scheduled shifts. The intent ofthe twelve (12) hour rule is to economically support allowing officers at least a twelve (12) hour period between working scheduled patrol or detective shifts. It does not invoke paying overtime when personnel attend training or meetings between shifts or under emergency circumstances such as barricaded suspects, riots, major crimes, and disasters. This sub-section does not apply to necessary in-service training including but not limited to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications, practice and training; defensive tactics; blood and aIrborne pathogens; supervision; emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle stops, etc); instructor certifications and re-certifications; and staff/department meetings. 6. The maximum number of hours an employee may work shall be 12 hours in a work day, or 65 hours in a work week, except in emergency conditions as determined by the Police Chief. Section E - Stand-Bv/Call-Back 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her normal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to wear a paging device or carry a portable radio (as determined by the City) to be reached when needed, and/or remain within the range of the pager/radio or telephone. Standby assignment shall be on Saturdays, Sundays, and holidays. 2. Stand-by Compensation: An employee on stand-by assignment shall receive $22/day jor Saturdays, Sundays, and holidays. A day is a 24-hour period and a week is a week of 168 consecutive hours. 3. Call Back Compensation: An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of three (3) hours at the overtime rate of pay. Hours worked beyond the three (3) hour minimum shall contmue to be paid at the overtime rate until relieved of duty. Court time, on other than the employee's regular work schedule, shall be compensated as call-back. Section F - Compensatory Time 1. No employee will be allowed to accumulate more than 120 hours of comp time. 2. An employee on compensatory time off shall be deemed to be on official leave with pay status. 3. Any compensatory time credits which have been actually taken by an employee shall be 15 included in computing the hours of his/her work week. 4. An employee who notifies the Police Chief or his designee promptly and substantiates to the satisfaction of the Police Chief or his designee that he/she was sick on a scheduled day of compensatory, vacation, or holidayJime off may request that a day of sick leave be taken rather than previously scheduled compensatory time. Use of compensatory time shall be by mutual agreement with the employee and his/her supervisor or the Department Head. The Department Head or employee's supervisor shall make all reasonable efforts to accommodate a request for compensatory time off when made at least seven (7) days but not more than thirty (30) days in advance. This section shall also apply to floating holidays. 5. An employee may choose to add comp time to his bank as long as his bank does not exceed the 120 hour maximum. Section G - Educational Incentive Pay The City, to encourage and improve the proficiency of its employees, offers employees covered by this Agreement the following Educational Incentive Pay program. Educational pay for 45 and 90 units will be discontinued after the last pay period in December, 2003. Only a BA or AA Degree will be eligible for educational incentive pay. Patrol Officers Fifty-six dollars ($56) per pay period for attainment of a two-year degree ill a law enforcement related subject. Eighty-five dollars ($85) per pay period for attainment of a four-year degree in a law enforcement related subject. Corporals Sixty dollars ($60) per pay period for attainment of a two-year degree in a law enforcement related subject. Ninety-Three dollars ($93) per pay period for attainment of a four-year degree in a law enforcement related subject. Sergeants Sixty-five dollars ($65) per pay period for attainment of a two-year degree in a law enforcement related subject. One hundred dollars ($100) per pay period for attainment of a four-year degree in a law enforcement related subject. All law enforcement subjects shall be as approved by the Washington State Traimng Commission and meet the necessary requirements of an accredited college or university. 16 All new employees having college credits in other than Peninsula College shall have such credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two or four-year degree program III law enforcement at another accredited college. Probationary employees shall not be eligible for educational pay. This does not apply to promotional probations. Section H - Tuition Reimbursement The City's tuition reimbursement program covers payment for college course work to encourage employees to pursue job-related education/training. Under the tuition reImbursement program, the City pays for 75% of tuition and required books, not to exceed $500 annually, subject to budgetary restrictions and in accordance with the following requirements: a) Requests for tuition reimbursement must be made in writing, in advance, on the form provided by the Human Resources Office. b) All course work must be job-related and requires advance approval by the Department Head and City Manager, processed through the Human Resources Office. c) Prior to payment of approved tuition reimbursement, the employee must provide proof of a grade C or better, together with a copy of receipts for the course and required books. d) The City may retain certain course materials (i.e., books, reference matenals) if the Department Head determines such materials are of value to the City. Courses offered during regular work hours may be approved, per the above policy, if time off can be arranged without affecting the public services or disrupting departmental operations. Such time off should be charged to accrued vacation, comp time, or leave without pay. The following are examples of courses that may be approved as job-related. Final determination for acceptability of tuition reimbursement is the decision of the Police Chief and City Manager. . Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice Administration, Crime Scene Investigation, Criminal Law) . Psychology . Speech . Computer courses related to specific software/hardware used by the department . Typing, English . Report writing and written communications courses . Supervision/management courses (for supervisory positions) 17 Section I - Hi2her Class Pay When an employee is assigned to work in a higher classification for two (2) or more consecutive hours, the employee shall be paid higher class pay at the beginning salary for the higher class for the duration of the assignment, calculated to the nearest 15 minutes. Section J - Uniform Maintenance Allowance 1. Uniforms will be purchased and provided to offers through the Department's quartermaster system. Officers requiring uniforms or equipment shall make a written request to the Department administration for uniforms or equipment. Purchases made under the quartermaster system require the approval of the Chief of Police or his designee. Police Officers, Corporals and Sergeants assigned to the Detective Division shall receive $750 annually. Officers assigned to the Detective Division on or after January 31 5t shall be paid a pro-rated umform allowance based on the remaining weeks of the year. 2. The required uniform is described in the Department Policy/Procedures Manual. 3. Only those items listed in the Police Department Policy and Procedures Manual may be purchased with uniform maintenance allowance funds. The Department retains the right to determine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment articles from supplies on hand rather than authorizing the employee to purchase new uniform articles. 5. The employee agrees to maintain and repair his/her uniform and have all Items available for inspection upon reasonable notice. 6. All articles purchased by the City will be the property of the City and will be returned prior to leaving City service (i.e., retirement, termination, etc.) 7. The City agrees to provide each officer with a bullet-proof vest, approved by the PolIce Department. Replacement of the vests and selection of the vests shall be determined by the Police Department. Section K - Field Trainin2 Officer Pay The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an additional $12 per day. 18 ARTICLE V - P AID LEAVE TIME Section A - Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: Annual Hrs. Accrual Days Per Year Max.Accrual Hours 1 - 5 continuous years of City service 80 10 288 6 - 10 continuous years of City service 120 15 368 11 - 15 continuous years of City service 160 20 448 16 - 20 continuous years of City service 200 25 528 21 & over continuous years of City service 240 30 608 Vacation may be taken only upon completion of one full year's service. Thereafter, vacation credit earned may be taken upon proper authorization, per Department procedures. Application for such leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. Employees shall be paid for unused vacation leave at their final base hourly rate (i.e., straight time) upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager, at his/her discretion, may advance sick leave credits upon expiration of accrued sick leave credits. 2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3 .69 hours per pay period for all 19 employees covered by this Agreement, except LEOFF I covered employees, who shall accrue at the rate of 1.85 hours per pay period. The maximum accrual of sick leave -is unlImited, but sick leave payoff shall have a maximum of 1,200 hours. 3. Notification Requirements. An employee requesting sick leave usage must provide the proper notice as established in the Police Department Policy and Procedures Manual. When sick leave extends to three or more consecutive days, the employee may be required to provide proof of illness from a medical doctor if the request is made before the employee returns to work. Misuse of sick leave shall be considered cause for disciplinary action. 4. Use of Sick Leave. Sick leave may be used for the following: a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illnesslinjury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Such sick leave is limited to three days per incident, unless specifically approved by the Police Chief. "Immediate Family" for sick leave and bereavement leave benefits shall include only persons related by blood or marriage or legal adoption, which includes parent, wife, husband, brother, sister, child, grandparents or grandchild, and any relative living in the employee's household. Employees on approved sick leave will continue to accrue sick leave. c. Bereavement Leave: Sick leave may be used for purposes of attending a funeral of a family member. Funeral leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. Payment of Unused Sick Leave: The City shall pay 20% of accumulated sIck leave upon retirement (normal or disability) or death ofthe employee after completion of ten (10) or more consecutive years of service. The maximum accrual for purposes of sick leave payoff IS 1,200 hours. Payment of such sick leave shall be calculated at the employee's base rate of pay. 5. Family Leave An eligible employee may take up to twelve (12) work weeks of family leave during any consecutive twelve (12) month period for: 1. The birth of a child and to care for a newborn child; or 2. Placement with the employee of a child for adoption or foster care; or 3. Care for a spouse, child under the age of 18 years, or parent, but not including parent- in-law, who has a serious health condition; or 4. To care for self, if the employee has a serious health condition that makes the 20 employee unable to perform the essential functions of the employee's job. Family leave shall include unpaid leave, paid leave, compensatory time and paid legal holidays, if any. Leave for childbirth, adoption or placement for foster care shall be completed within twelve (12) months after the birth or placement for adoption, as applicable. Family leave shall be charged to accrued sick leave, accrued compensatory time, and floating holidays. Unpaid leave as family leave shall be authorized only after the exhaustion of all forms of available paid leaves above. Vacation may also be used for family leave. Eligibility: To be eligible for family leave, an employee must have been employed by the City for at least 12 consecutive months prior to the date family leave is to begin and have been compensated for at least 1,250 hours during the same 12-month period. Family leave is available to all regular full-time and regular part-time employees. Maintenance of Benefits: During periods of family leave, the City will maintain employee and dependent coverage under the health plan under which the employee was enrolled at the time leave commenced and shall make premium payments at the same level as was made prior to leave commencement. Should the employee fail to return to work at the conclusion of authorized family leave, the City shall recover any premiums paid for maintaining health coverage under this section, unless the reason is the continuatIOn, onset, or recurrence of a serious health condition, or other circumstances beyond the employee=s control. Spouses employed by the City are entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, or to care for a child or parent, but excluding a parent-in-law, who has a serious health condition. Medical Certification Required: Each employee requesting family leave shall make application on an approved City application form and provide a certification from the attending physician. Submission of the medical certification should be made at the time of application but shall be submitted not later than 15 calendar days after application IS made. Failure to provide the medical certification within the required 15 days after application, and the leave was foreseeable, shall be cause to deny family leave until such time as an acceptable medical certificate is provided to the City. If the validity of the claim is disputed or unclear, the City may require the employee to obtain a second opmion by a provider of the City's choice and at the City's expense. In the event of a dIspute between the two providers, the City may require an opmion of a third provider jointly selected by the employer and the employee, the cost of which shall be borne by the City. The opinion of the third party shall be binding. Approval of Family Leave: All requests for family leave require the approval of the employee's Department Head and the Human Resources Manager. An employee planning to take famIly leave shall complete the request for a leave of absence 21 and provide their Department Head and immediate supervisor with written notice thirty (30) days in advance of the anticipated date of delivery or placement for adoption, stating the dates the employee intends to take family leave, unless exempted as follows: 1. The birth is premature; 2. The mother is incapacitated due to birth so that she is unable to care for the chIld; 3. The employee takes custody ofthe newly adopted child or child placed for foster care at an unanticipated time and is unable to give thirty (30) days advance notice; 4. The Department Head, employee's supervisor and employee agree to notIce of less than thirty (30) days. Subject to # 1, below, an employee who exercises any right provided under this section shall be entitled upon return from leave or during any reduced leave schedule: 1. To the same or equivalent position in salary as was held by the employee when the leave commenced; or 2. If the department's circumstances have so changed that the employee cannot be reinstated to the same position, or a position of equivalent pay and benefits, the employee shall be reinstated in any other position which is vacant and for which the employee is qualified. The entitlements above are subject to bona fide changes in compensation or work duties, and do not apply if: 1. The employee's position is eliminated by a bona fide restructuring, or reduction-in- force; or 2. An employee on family leave takes another job; or The City may elect to designate up to ten percent (10%) of its "high1y compensated" salaried personnel to be exempt from reinstatement from the FMLA, and the employer shall notify the affected employee of this action and its consequences at the time the employee makes a request for the leave of absence. Family leave for birth or adoption or placement for foster care may only be used in full work week units and may not be used on an hourly basis or on a single day usage basis unless intermittent leave is requested by the employee and approved by both the Department Head and Human Resources Manager. Only the actual number of hours taken WIll be subtracted from the employee's annual family leave entitlement. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Family leave for serious health conditions may be used eIther as full work week units or on an intermittent or reduced leave schedule if medically necessary. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Only the actual number of hours taken will be subtracted from the employee's annual famIly leave entitlement. 22 Section C - Holidavs The following are the holidays provided for under this Agreement: New Year's Day January 1st Martin Luther King Day January 19th Lincoln's Birthday February 12th Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Last Thursday in November Day after Thanksgiving Last Friday in November Christmas December 25th One Floating Holiday 1. Employees covered by this Agreement shall in January of each calendar year, receive 96 hours of holiday time ( 11 named holidays plus one floating holiday = 96 hours) The City will establish a separate holiday bank for these hours. 2. An employee has the option of selling back for cash a maximum of forty (40) hours of vacation accrual at any time during the year, in increments of eight (8) hours. Such cash-out of holidays shall be at the employee's regular hourly rate of pay. 3. If an employee is scheduled to work on a holiday, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 4. All hours worked on a holiday in excess of eight (8) hours shall be paid at the double time rate. 5. When an employee is called back to work on a holiday for which he was not previously scheduled to work, all hours worked shall be paid at the double time rate. 6 When the major portion of any shift is on a contractual holiday, the entire shift shall be paid according to this section. 7. If an employee leaves City service, his/her vacation bank will be reconciled based upon the number of holidays which have occurred during that calendar year, prior to leaving City service, excluding the floating holiday. Employees hired during the calendar year shall have the holiday hours credited based upon the number of designated holidays (including the floater) remaining in the calendar year and shall be allowed to use this holiday/vacation tIme prior to the completion of one year. 8. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When such holiday falls on a Sunday, the following Monday shall be observed. 23 5..;} u / AGREEMENT BY AND BETWEEN CITY OF PORT ANGELES AND TEAMSTERS LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS SWORN OFFICERS UNIT January 1, 2008 thru December 31, 2010 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS Section A - Purpose Section B - Agreement Section C - Recognition Section D - Savings Clause Section E - Non-Discrimination ARTICLE II - RIGHTS OF PARTIES Section A - Management Rights Section B - Umon Security Section C - Payroll Deductions Section D - Personnel Policy and Procedures Section E - Record Keeping Section F - Personnel Records Section G - Labor-Management Committee Section H - Police Department Employee Bill of Rights Section I - CItizen Volunteer Programs Section J - Promotions Section k - Union Communications ARTICLE III - WORKING CONDITIONS Section A - Hours of Work Section B - Shift Rotation Section C - Response Time Section D - Relatives Working in the Police Department Section E - Work Stoppage Section F - Drug Testmg Policy ARTICLE IV - COMPENSATION Section A - Wages Section B - Deferred Compensation Section C - Longevity Pay Section D - Overtime Compensation Section E - Stand-by/Call-Back Section F - Compensatory Time Section G - Educational Incentive Pay Section H - Tuition Reimbursement Section I - Higher Class Pay Section J - Uniform Maintenance Allowance Section K - Field Training Officer Pay PAGE NO. 1 1 1 1 2 3 3 4 4 5 5 5 6 6 7 7 8 9 9 9 10 10 14 14 14 14 15 15 16 17 18 18 18 ARTICLE V - P AID LEAVE TIME Section A - Vacation Section B - Sick Leave/Family Leave Section C - Holidays 19 19 23 ARTICLE VI - HEALTH BENEFITS Medical, Dental, Vision, LTD, Life, & RWT Plus Retiree Fee 24 ARTICLE VII - GRIEVANCE PROCEDURE 26 ARTICLE VIII - DURATION OF AGREEMENT 29 APPENDIX A - SALARY SCHEDULE TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT ARTICLE I - GENERAL PROVISIONS Section A - Purpose Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of employees covered by this Contract. Section B - A2reement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 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 parties 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. Section C - Reco2nition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: . Police Officer . Police Corporal . Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto shall be provided to the Human Resources Manager. Section D - Savin2s Clause The City and the Union agree that should any portion of thIS Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 1 Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or membership or non-membershIp in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to eIther gender. 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authonty normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as may be limited by an express provision of this Agreement. 2. Set standards of service, establIsh Department policy/procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B - Union Security 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union III good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If objections to joining the Umon are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious chanty or to another 3 charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the oblIgation in (1) above, the Union shall provIde the employee and the City with thirty (30) days' notification ofthe employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C - Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit such amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contrIbutions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty (30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data processing limitations. Section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except changes in related working conditions which shall be negotiated with the Union. 4 Section E - Record Keeoin!! The City shall maintain records of overtime, time off and the data in the records system will be made available to employees. The CIty will keep records of requests and disbursements regarding tuition reimbursement. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal, which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Officers may request removal of disciplinary action documents from their personnel file one year from the date such documentation was placed into the officers personnel file. Upon receipt of such a request, the matter will be placed before the Labor Management Committee, described in Article II, Section G below, for review and recommendation to the Police Chief. The decision to remove will at all times remain with the Police Chief. Section G - Labor-Mana!!ement Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to met at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Local and two employees from the bargaining unit, and others that may need to attend who are affected by an issue under dIscussion. Attendance by other on-duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. 5 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT ARTICLE I - GENERAL PROVISIONS Section A - Purpose Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of employees covered by this Contract. Section B - A2reement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 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 parties 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. Section C - Reco2nition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: . Police Officer . Police Corporal . Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto shall be provided to the Human Resources Manager. Section D - Savin2s Clause The City and the Union agree that should any portion of thIS Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 1 Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or membership or non-membershIp in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to eIther gender. 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authonty normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as may be limited by an express provision of this Agreement. 2. Set standards of service, establIsh Department policy/procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B - Union Security 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union III good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If objections to joining the Umon are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious chanty or to another 3 charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the oblIgation in (1) above, the Union shall provIde the employee and the City with thirty (30) days' notification ofthe employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C - Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit such amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contrIbutions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty (30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data processing limitations. Section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except changes in related working conditions which shall be negotiated with the Union. 4 Section E - Record Keeoin!! The City shall maintain records of overtime, time off and the data in the records system will be made available to employees. The CIty will keep records of requests and disbursements regarding tuition reimbursement. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal, which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Officers may request removal of disciplinary action documents from their personnel file one year from the date such documentation was placed into the officers personnel file. Upon receipt of such a request, the matter will be placed before the Labor Management Committee, described in Article II, Section G below, for review and recommendation to the Police Chief. The decision to remove will at all times remain with the Police Chief. Section G - Labor-Mana!!ement Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to met at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Local and two employees from the bargaining unit, and others that may need to attend who are affected by an issue under dIscussion. Attendance by other on-duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. 5 Section H - Police Department Emplovee Bill of Rh!hts Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights. 1. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprized of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, such questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee (which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions, as he shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condItion of continued employment. 7. ThIS Police Department Bill of Rights only applies to dIscIplinary actions and related investIgations, excluding cases of criminal investigations. Section I - Citizen Volunteer Pro2:rams Management reserves the right to establish citizen volunteer programs to perform non-critical public service functions related to the department's Community Policing goals and objectives. Such programs or functions shall not supplant current full-time department personnel. Ifthe Department determines that it may have need of adding permitted actions to the list below, it will contact the Union and the Union agrees to meet and confer with the Department Head. 6 Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of registered sex offender and criminal alert bulletins; crime prevention programs; assisting with non- specialist tasks for the Records Division; assisting the Operations Division by acting in capacities not reqUIring sworn officer status during special community events such as parades, athletic events, and fairs, and with "citizen patrols" of areas and events such as the Waterfront Trail, City parks, and downtown area for the purposes of documenting and reporting 1llegal activity to the Police Department Citizen volunteers may be a deterrent to criminals by the mere fact that they are identifiable by their "uniforms" and the vehicle they drive as an official component of the Police Department, but they shall be trained not to represent themselves as sworn officers and to not act in any capacity that would supplant or require a sworn officer. Citizen volunteers shall not be paid for their duties. Section J. Promotions: 1. The parties agree that when there is a promotional vacancy in the classifications represented by the Union, that the City will post the recruitment notice for a minimum of 10 working days within the Police Department. 2. Promotional openings for classes represented by the Union shall be filled only from within the Port Angeles Police Department. 3. Classes currently represented by the labor contract are Police Officer, Corporal, and Sergeant. 4. Employees in probationary status shall be ineligible for promotional testing. Section K. Union Communications: 1. A Union official who is an employee in the bargaming unit shall be granted time-off without loss of pay for meetmgs with the employer concerning matters vital to the employees in the bargaining unit; provided however, such activities shall not interfere with the normal functioning of the Department and prior permission from the employee's supervisor shall be obtained. 2. Union investigative and visitation privileges: The Business Representative of the Union may visit the work location of employees covered by this agreement at any reasonable time; provided however, such visitations shall not interfere with the normal functioning of the Department. The Business Representative agrees to notify management of his presence in the work place. 3. Bulletin Boards: The Employer shall provide suitable space for a Union bulletin board on its premises in an area which is frequented by all employees within the bargaining unit. 4. Union Business: Reasonable time off with pay shall be provided to affected employees to attend official Union functions, such as Union membership meetings; provided however, such attendance shall not interfere with the normal operations of the Department. 7 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 1. Work Week: The normal hours on duty for shift personnel shall be established by the City so that the average hours worked in any week shall be composed of five consecutive eight (8) hour shifts and two (2) consecutive shifts off duty, or four (4) consecutive ten (10) hour shifts and three (3) consecutive shifts off duty. The City may require overlapping shifts if needed. Starting time for all regular shifts shall be as follows: Regular Patrol shifts are: Days: 7:00 AM to 3:00 PM Swing: 3:00 PM to 11:00 PM Graveyard: 11 :00 PM to 7:00 AM Regular Detective shifts are: Days: 7:00 AM to 3:00 PM 8:00 AM to 4:00 PM 9:00 AM to 5:00 PM 10:00 AM to 6:00 PM Regular Detective: Alternatives to the regular detective shifts and the selection of shifts in the Detective Division shall be the responsibility of the Detective Sergeant, with administrative approval. Alternative shift rotations and work shifts may be discussed and implemented by mutual agreement of the parties. Any such changes will be in writing as an addendum to this Agreement. The K-9 Officer's work day shall be an 8~hour shift, including 60 minutes of dog maintenance. a. Seven days advance notice will be provided to changes to an employee's established schedule, unless an emergent police situation requiring a reallocation of shift personnel exists or a reassignment of personnel due to illness, injury, suspension or resIgnation or termination of commissioned personnel with less than two weeks notice is necessitated. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled two days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled two days off. b. Nonstandard shifts or extra shifts may be scheduled for the following reasons, when needed, and will be scheduled 24 hours in advance, unless an emergency manpower situation exists: 8 To provide staff for a special services section that may include, but is not limited to,Bicycle Patrol Crime Prevention duties, Pro Act duties, DUI emphasis patrols, focused crime prevention patrols, criminal investigations, or community policing functions as adopted by the department. 2. Work Day: The normal work day, for Patrol and Detectives shall consist of eight (8) consecutive working hours in a 24-hour period (separated at the approximate mid-point by a meal period, if appropriate, as defined herein). The starting and ending times of the work day shall be determined by the City. 3. Rest Periods: The City shall provide two I5-minute rest periods; one in the first half and one in the second half ofthe work shift. Such rest periods may not be permitted if Departmental operations would be affected. Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken beyond the current shift. 4. Meal Periods: Meal periods shall be scheduled by the City and will be either 30 minutes of paId time or 60 minutes of non-paid time, as determined by the CIty. The Supervisor shall determine the meal period during the shift. Detectives on stand-by are excluded from application of this SectIOn. 5. Personal requests for a change or trade of shift must be approved by administration. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested change or trade of shift for personal reasons nor shall the City be obligated to pay for time not worked in a normal work week as a result of such change or trade of shifts. Section B - Shift Rotation The City may, at its discretion, change an employee's work shift. In the event of shift rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected, as determined by the Police Chief. Section C - Response Time Employees covered by this agreement shall reside within a 3D-minute response time from the Police Department Headquarters. Driving time shall be calculated using the lawful speed limits. Section D - Relatives Workin2: in the Police Department If employees in the Police Department become related through marriage or cohabitation, which may result in a problematic, questionable, or preferential supervisor/subordinate relationship in the judgment of the Police Chief, the City will make a reasonable effort to change shifts of the individuals affected. 9 However, the City reserves the exclusive right to terminate, transfer, or re-assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Police Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E - Work StoPJ>al!es. Strikes. or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct contrary to this objective. During the term of this agreement, the Union and the employees covered by this agreement shall not engage in any work stoppage, strike, work slow-down, sick-out, or any other concerted activity which may, in any manner, interfere with public safety, municipal services, or be construed as contrary to the objective above. It is further understood that employees who engage in any such actions as noted above shall be subject to any disciplinary action as may be determined by the City. Employees shall be held responsible for any financial losses suffered by the City as a result of such work actions. Section F - Drul! Testinl! Policy 1. Policy: 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 pohcy, 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 over the counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various 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 impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in criminal conduct, whether drug-related or not. 10 When a supervisory employee 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 for the presence of alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or Illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Section. If the results of the drug test are positive, and establish that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subj ect to discipline including immediate discharge. 2. Definitions: F or the purpose of administering this Section, the following definition of terms is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drugs or improper alcohol use by that particular employee. Under the Influence - The following cut-off levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (ng/ml) Amphetamines Barbiturates Benzodiazepines Cannabinoids Cocaine Metabolites Methadone Methaqualone Opiates (Codeine) Opiates (Morphine) Phencyclidine (PCP) Propoxyphene Test Level 1000 300 300 100 300 300 300 300 300 25 300 Level of the positive results for ethyl alcohol 0.05 gr/dl. Illegal Drugs - are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter Drugs - are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. 11 Prescription Drugs - are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/ physician or dentist. 3. Procedures: . If an employee is required to submit to a drug test, the following procedure shall be followed: . The employee shall be given an opportunity to confer with a union representative if one is readily available and the employee has requested a representative. . The employee shall be given an opportunity to explain to the Medical Review Officer (MRO) the reasons for the employee=s conditions, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee. The employee, employer, and a union representative may be present during this discussion. . The employer may request urine and/or blood samples. . Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility. The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. . 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 union representative to the extent they have elected to be present, and proper chain-of-custody procedures shall be followed. . The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). . If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 nglml. Confirmatory Test: Marijuana metabolites Cocaine metabolites Opiates: Morphine Codeine 15 nglml 150 nglml 300 nglml 300 ng/ml 12 Phencyclidine Amphetamines: Amphetamine Methamphetamine 25 ng/ml 500 ng/ml 500 ng/ml . At the employee's or the union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. . The employee and the union shall be informed of the results of all tests and provided with all documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer (MRO) in the Association of Washington CitIes (A WC) Drug Testing Consortium to review all confirmed positive test results and communicate those results to the employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standard enumerated herein. 13 ARTICLE IV - COMPENSATION Section A - Wa2es - Three-Year A2reement 1. Effective January 1, 2008, wages will be increased by 3.0% for all officers covered by this labor contract. Plus an additional1.0% wage increase effective July 1, 2008. 2. Effective January 1, 2009, wages will be increased by 5.58% for all officers covered by this labor contract. Plus, an addItlOnal1.0% effective July 1, 2009. 3. Effective January 1, 2010, wages will be increased equal to 90% ofthe Seattle-Bremerton CPI-W, using the June 2008 - June 2009 index. The minimum increase shall be 2% and the maximum 5%. Plus an additional 1.0% effective July 1, 2010. Section B - Deferred Compensation The City will make a 3.1 % biweekly contribution to the deferred compensation account of each bargaining unit employee, based upon the employee' base wage. Section C - Lon2evitv Pay The City agrees to pay longevity premiums as follows, computed upon the monthly base wages: . Completion of five (5) years City service, 2%; . Completion often (10) years City service, a total of 4%; . Completion of fifteen (15) years City service, a total of 6%; . Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion ofthe eligibility requirements. For the purpose of determining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. Section D - Overtime Compensation 1. OvertIme hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the work week or eight (8) hours in the work day. 2. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay, calculated to the nearest 15 minutes. 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. Overtime shall be offered to regular, full-time Police Officers in descending seniority and assigned by ascending seniority. 14 All regular overtime and paid detail police work shall be offered to Police Officers prior to usmg Police Reserves. 5. If an employee is required to report to the employee's scheduled shift within twelve (12) hours of working his or her previously scheduled shift, then the employee shall earn pay at the overtime rate until a twelve (12) hour or more period of time falls between the employee's scheduled shifts. The intent ofthe twelve (12) hour rule is to economically support allowing officers at least a twelve (12) hour period between working scheduled patrol or detective shifts. It does not invoke paying overtime when personnel attend training or meetings between shifts or under emergency circumstances such as barricaded suspects, riots, major crimes, and disasters. This sub-section does not apply to necessary in-service training including but not limited to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications, practice and training; defensive tactics; blood and aIrborne pathogens; supervision; emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle stops, etc); instructor certifications and re-certifications; and staff/department meetings. 6. The maximum number of hours an employee may work shall be 12 hours in a work day, or 65 hours in a work week, except in emergency conditions as determined by the Police Chief. Section E - Stand-Bv/Call-Back 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her normal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to wear a paging device or carry a portable radio (as determined by the City) to be reached when needed, and/or remain within the range of the pager/radio or telephone. Standby assignment shall be on Saturdays, Sundays, and holidays. 2. Stand-by Compensation: An employee on stand-by assignment shall receive $22/day jor Saturdays, Sundays, and holidays. A day is a 24-hour period and a week is a week of 168 consecutive hours. 3. Call Back Compensation: An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of three (3) hours at the overtime rate of pay. Hours worked beyond the three (3) hour minimum shall contmue to be paid at the overtime rate until relieved of duty. Court time, on other than the employee's regular work schedule, shall be compensated as call-back. Section F - Compensatory Time 1. No employee will be allowed to accumulate more than 120 hours of comp time. 2. An employee on compensatory time off shall be deemed to be on official leave with pay status. 3. Any compensatory time credits which have been actually taken by an employee shall be 15 included in computing the hours of his/her work week. 4. An employee who notifies the Police Chief or his designee promptly and substantiates to the satisfaction of the Police Chief or his designee that he/she was sick on a scheduled day of compensatory, vacation, or holidayJime off may request that a day of sick leave be taken rather than previously scheduled compensatory time. Use of compensatory time shall be by mutual agreement with the employee and his/her supervisor or the Department Head. The Department Head or employee's supervisor shall make all reasonable efforts to accommodate a request for compensatory time off when made at least seven (7) days but not more than thirty (30) days in advance. This section shall also apply to floating holidays. 5. An employee may choose to add comp time to his bank as long as his bank does not exceed the 120 hour maximum. Section G - Educational Incentive Pay The City, to encourage and improve the proficiency of its employees, offers employees covered by this Agreement the following Educational Incentive Pay program. Educational pay for 45 and 90 units will be discontinued after the last pay period in December, 2003. Only a BA or AA Degree will be eligible for educational incentive pay. Patrol Officers Fifty-six dollars ($56) per pay period for attainment of a two-year degree ill a law enforcement related subject. Eighty-five dollars ($85) per pay period for attainment of a four-year degree in a law enforcement related subject. Corporals Sixty dollars ($60) per pay period for attainment of a two-year degree in a law enforcement related subject. Ninety-Three dollars ($93) per pay period for attainment of a four-year degree in a law enforcement related subject. Sergeants Sixty-five dollars ($65) per pay period for attainment of a two-year degree in a law enforcement related subject. One hundred dollars ($100) per pay period for attainment of a four-year degree in a law enforcement related subject. All law enforcement subjects shall be as approved by the Washington State Traimng Commission and meet the necessary requirements of an accredited college or university. 16 All new employees having college credits in other than Peninsula College shall have such credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two or four-year degree program III law enforcement at another accredited college. Probationary employees shall not be eligible for educational pay. This does not apply to promotional probations. Section H - Tuition Reimbursement The City's tuition reimbursement program covers payment for college course work to encourage employees to pursue job-related education/training. Under the tuition reImbursement program, the City pays for 75% of tuition and required books, not to exceed $500 annually, subject to budgetary restrictions and in accordance with the following requirements: a) Requests for tuition reimbursement must be made in writing, in advance, on the form provided by the Human Resources Office. b) All course work must be job-related and requires advance approval by the Department Head and City Manager, processed through the Human Resources Office. c) Prior to payment of approved tuition reimbursement, the employee must provide proof of a grade C or better, together with a copy of receipts for the course and required books. d) The City may retain certain course materials (i.e., books, reference matenals) if the Department Head determines such materials are of value to the City. Courses offered during regular work hours may be approved, per the above policy, if time off can be arranged without affecting the public services or disrupting departmental operations. Such time off should be charged to accrued vacation, comp time, or leave without pay. The following are examples of courses that may be approved as job-related. Final determination for acceptability of tuition reimbursement is the decision of the Police Chief and City Manager. . Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice Administration, Crime Scene Investigation, Criminal Law) . Psychology . Speech . Computer courses related to specific software/hardware used by the department . Typing, English . Report writing and written communications courses . Supervision/management courses (for supervisory positions) 17 Section I - Hi2her Class Pay When an employee is assigned to work in a higher classification for two (2) or more consecutive hours, the employee shall be paid higher class pay at the beginning salary for the higher class for the duration of the assignment, calculated to the nearest 15 minutes. Section J - Uniform Maintenance Allowance 1. Uniforms will be purchased and provided to offers through the Department's quartermaster system. Officers requiring uniforms or equipment shall make a written request to the Department administration for uniforms or equipment. Purchases made under the quartermaster system require the approval of the Chief of Police or his designee. Police Officers, Corporals and Sergeants assigned to the Detective Division shall receive $750 annually. Officers assigned to the Detective Division on or after January 31 5t shall be paid a pro-rated umform allowance based on the remaining weeks of the year. 2. The required uniform is described in the Department Policy/Procedures Manual. 3. Only those items listed in the Police Department Policy and Procedures Manual may be purchased with uniform maintenance allowance funds. The Department retains the right to determine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment articles from supplies on hand rather than authorizing the employee to purchase new uniform articles. 5. The employee agrees to maintain and repair his/her uniform and have all Items available for inspection upon reasonable notice. 6. All articles purchased by the City will be the property of the City and will be returned prior to leaving City service (i.e., retirement, termination, etc.) 7. The City agrees to provide each officer with a bullet-proof vest, approved by the PolIce Department. Replacement of the vests and selection of the vests shall be determined by the Police Department. Section K - Field Trainin2 Officer Pay The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an additional $12 per day. 18 ARTICLE V - P AID LEAVE TIME Section A - Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: Annual Hrs. Accrual Days Per Year Max.Accrual Hours 1 - 5 continuous years of City service 80 10 288 6 - 10 continuous years of City service 120 15 368 11 - 15 continuous years of City service 160 20 448 16 - 20 continuous years of City service 200 25 528 21 & over continuous years of City service 240 30 608 Vacation may be taken only upon completion of one full year's service. Thereafter, vacation credit earned may be taken upon proper authorization, per Department procedures. Application for such leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. Employees shall be paid for unused vacation leave at their final base hourly rate (i.e., straight time) upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager, at his/her discretion, may advance sick leave credits upon expiration of accrued sick leave credits. 2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3 .69 hours per pay period for all 19 employees covered by this Agreement, except LEOFF I covered employees, who shall accrue at the rate of 1.85 hours per pay period. The maximum accrual of sick leave -is unlImited, but sick leave payoff shall have a maximum of 1,200 hours. 3. Notification Requirements. An employee requesting sick leave usage must provide the proper notice as established in the Police Department Policy and Procedures Manual. When sick leave extends to three or more consecutive days, the employee may be required to provide proof of illness from a medical doctor if the request is made before the employee returns to work. Misuse of sick leave shall be considered cause for disciplinary action. 4. Use of Sick Leave. Sick leave may be used for the following: a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illnesslinjury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Such sick leave is limited to three days per incident, unless specifically approved by the Police Chief. "Immediate Family" for sick leave and bereavement leave benefits shall include only persons related by blood or marriage or legal adoption, which includes parent, wife, husband, brother, sister, child, grandparents or grandchild, and any relative living in the employee's household. Employees on approved sick leave will continue to accrue sick leave. c. Bereavement Leave: Sick leave may be used for purposes of attending a funeral of a family member. Funeral leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. Payment of Unused Sick Leave: The City shall pay 20% of accumulated sIck leave upon retirement (normal or disability) or death ofthe employee after completion of ten (10) or more consecutive years of service. The maximum accrual for purposes of sick leave payoff IS 1,200 hours. Payment of such sick leave shall be calculated at the employee's base rate of pay. 5. Family Leave An eligible employee may take up to twelve (12) work weeks of family leave during any consecutive twelve (12) month period for: 1. The birth of a child and to care for a newborn child; or 2. Placement with the employee of a child for adoption or foster care; or 3. Care for a spouse, child under the age of 18 years, or parent, but not including parent- in-law, who has a serious health condition; or 4. To care for self, if the employee has a serious health condition that makes the 20 employee unable to perform the essential functions of the employee's job. Family leave shall include unpaid leave, paid leave, compensatory time and paid legal holidays, if any. Leave for childbirth, adoption or placement for foster care shall be completed within twelve (12) months after the birth or placement for adoption, as applicable. Family leave shall be charged to accrued sick leave, accrued compensatory time, and floating holidays. Unpaid leave as family leave shall be authorized only after the exhaustion of all forms of available paid leaves above. Vacation may also be used for family leave. Eligibility: To be eligible for family leave, an employee must have been employed by the City for at least 12 consecutive months prior to the date family leave is to begin and have been compensated for at least 1,250 hours during the same 12-month period. Family leave is available to all regular full-time and regular part-time employees. Maintenance of Benefits: During periods of family leave, the City will maintain employee and dependent coverage under the health plan under which the employee was enrolled at the time leave commenced and shall make premium payments at the same level as was made prior to leave commencement. Should the employee fail to return to work at the conclusion of authorized family leave, the City shall recover any premiums paid for maintaining health coverage under this section, unless the reason is the continuatIOn, onset, or recurrence of a serious health condition, or other circumstances beyond the employee=s control. Spouses employed by the City are entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, or to care for a child or parent, but excluding a parent-in-law, who has a serious health condition. Medical Certification Required: Each employee requesting family leave shall make application on an approved City application form and provide a certification from the attending physician. Submission of the medical certification should be made at the time of application but shall be submitted not later than 15 calendar days after application IS made. Failure to provide the medical certification within the required 15 days after application, and the leave was foreseeable, shall be cause to deny family leave until such time as an acceptable medical certificate is provided to the City. If the validity of the claim is disputed or unclear, the City may require the employee to obtain a second opmion by a provider of the City's choice and at the City's expense. In the event of a dIspute between the two providers, the City may require an opmion of a third provider jointly selected by the employer and the employee, the cost of which shall be borne by the City. The opinion of the third party shall be binding. Approval of Family Leave: All requests for family leave require the approval of the employee's Department Head and the Human Resources Manager. An employee planning to take famIly leave shall complete the request for a leave of absence 21 and provide their Department Head and immediate supervisor with written notice thirty (30) days in advance of the anticipated date of delivery or placement for adoption, stating the dates the employee intends to take family leave, unless exempted as follows: 1. The birth is premature; 2. The mother is incapacitated due to birth so that she is unable to care for the chIld; 3. The employee takes custody ofthe newly adopted child or child placed for foster care at an unanticipated time and is unable to give thirty (30) days advance notice; 4. The Department Head, employee's supervisor and employee agree to notIce of less than thirty (30) days. Subject to # 1, below, an employee who exercises any right provided under this section shall be entitled upon return from leave or during any reduced leave schedule: 1. To the same or equivalent position in salary as was held by the employee when the leave commenced; or 2. If the department's circumstances have so changed that the employee cannot be reinstated to the same position, or a position of equivalent pay and benefits, the employee shall be reinstated in any other position which is vacant and for which the employee is qualified. The entitlements above are subject to bona fide changes in compensation or work duties, and do not apply if: 1. The employee's position is eliminated by a bona fide restructuring, or reduction-in- force; or 2. An employee on family leave takes another job; or The City may elect to designate up to ten percent (10%) of its "high1y compensated" salaried personnel to be exempt from reinstatement from the FMLA, and the employer shall notify the affected employee of this action and its consequences at the time the employee makes a request for the leave of absence. Family leave for birth or adoption or placement for foster care may only be used in full work week units and may not be used on an hourly basis or on a single day usage basis unless intermittent leave is requested by the employee and approved by both the Department Head and Human Resources Manager. Only the actual number of hours taken WIll be subtracted from the employee's annual family leave entitlement. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Family leave for serious health conditions may be used eIther as full work week units or on an intermittent or reduced leave schedule if medically necessary. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Only the actual number of hours taken will be subtracted from the employee's annual famIly leave entitlement. 22 Section C - Holidavs The following are the holidays provided for under this Agreement: New Year's Day January 1st Martin Luther King Day January 19th Lincoln's Birthday February 12th Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Last Thursday in November Day after Thanksgiving Last Friday in November Christmas December 25th One Floating Holiday 1. Employees covered by this Agreement shall in January of each calendar year, receive 96 hours of holiday time ( 11 named holidays plus one floating holiday = 96 hours) The City will establish a separate holiday bank for these hours. 2. An employee has the option of selling back for cash a maximum of forty (40) hours of vacation accrual at any time during the year, in increments of eight (8) hours. Such cash-out of holidays shall be at the employee's regular hourly rate of pay. 3. If an employee is scheduled to work on a holiday, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 4. All hours worked on a holiday in excess of eight (8) hours shall be paid at the double time rate. 5. When an employee is called back to work on a holiday for which he was not previously scheduled to work, all hours worked shall be paid at the double time rate. 6 When the major portion of any shift is on a contractual holiday, the entire shift shall be paid according to this section. 7. If an employee leaves City service, his/her vacation bank will be reconciled based upon the number of holidays which have occurred during that calendar year, prior to leaving City service, excluding the floating holiday. Employees hired during the calendar year shall have the holiday hours credited based upon the number of designated holidays (including the floater) remaining in the calendar year and shall be allowed to use this holiday/vacation tIme prior to the completion of one year. 8. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When such holiday falls on a Sunday, the following Monday shall be observed. 23 ARTICLE VI - HEALTH BENEFITS 1. Medical Benefits: Effective January 1,2008, based on December 2007 hours and February coverage, and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Welfare Trust for Medical Plan A on behalf of each employee who is compensated for eighty (80) hours or more in the preceding month. This Plan A premium shall include the additional monthly premium to maintain the 12 month Premium Waiver Period. Effective January 1, 2008, the employee will contribute 9% of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits and for the hfe of the agreement. Effective January 1, 2008, the employer will contribute 91 % of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits, and for the life of the agreement. 2. Dental Coverage Effective January 1, 2008, based on December 2007 hours and February 2008coverage, and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Dental Trust for Dental Plan A, on behalf of each employee who is compensated for eighty (80) hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Dental Coverage. 3. Vision Coverage Effective January 1, 2008, based on December 2007 hours and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Vision Care Trust for Vision Plan EXT, on behalf of each employee who is compensated for eighty (80) hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Vision Coverage. 4. Long Term Disabilitv coverage is provided for and paid by the City for LEOFF II Police Officers. The L TD benefits provide for a 90-day waiting period, with benefits equal to approximately 60% of salary, subject to the specific terms and limitations of the policy. 5. Life Insurance: The City will provide term life insurance equal to one times the employee's annual salary, rounded to the nearest thousand, with a maximum of$50,000. The City will also provide AD&D coverage. The life insurance and accidental death and dismemberment coverage are subject to the terms of the policy purchased from the AssociatiOn of Washmgton Cities. 24 6. RWT -Plus: Teamsters Retiree Medical Effective January 1,2008, based on December 2007 hours, the employer shall pay into the Retiree's Welfare Trust the amount of $64.85 per month on behalf of each employee performing work of the bargaining unit, in a represented classification, who is compensated for eighty (80) hours or more in the preceding month, to provide the RWT-Plus Retiree Medical Plan. In the application of the terms of this article of the labor agreement by and between Teamsters Local Union NO. 589 and the City, it is understood that the contributions to the Retirees Welfare Trust, (RWT-Plus) Plan, shall be as follows: Effective Date (based on preceding month) Contribution Rate (monthly): 01-01-08 $64.85 01-01-09 $74.85 01-01-10 $84.85 The RWT-Plus Retiree Medical Plan, shall, for the life of the agreement, be funded solely through authorized payroll diversion. In like manner, it shall remain the responsibility ofthe participating employees to fund thru payroll diversion any premium increases necessary to maintain this Retiree's Welfare Trust RWT-Plus Retiree medical plan. In the event that employees elect not to have the wages withheld thru a payroll diversion necessary to cover participation in the RWT Plus Retiree Medical Plan, the employee must notify the employer in writing of that decision. The City will provide benefit booklets for L TD and life insurance benefits above. The Teamsters will provide benefit booklets for the medical, vision, and dental coverage-;- 25 ARTICLE VII - GRIEVANCE PROCEDURE Section A - Objectives To informally settle disagreements at the employee/supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct, if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, theIr supervisors, and Departmental administrators; to assure fair and equitable treatment of employees; to resolve grievances at the Departmental level before appeal to higher levels. Section B - Definitions The following terms, as used in this Article, shall have the following meaning: Grievance: A complaint by an employee or a Union representative concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a policy or an alleged violation of any term or condition of this Agreement. Working Dav: ExclusIve of Saturday, Sunday, and legal holidays. Emplovee: Any employee of the classified service of the City of Port Angeles Police Department covered by this Agreement. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee. Division Manager: The person to whom an immediate supervisor reports. Reoresentative: A person who appears on behalf of the employee. Department Head: The Police Chief of the City of Port Angeles. Section C - Exclusions 1. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement. 2. Appeals involving demotions, dismissals, incremental denials, suspensions, promotions, separations, and examination procedures. (These matters are within the Civil Service Commission's authority.) Dismissals pursuant to Article III, Section D, are subject to this grievance procedure, if the Civil Service Commission denies hearing the employee's appeal. 3. Work performance evaluations. 4. Impasse in collective bargaining. 5. Gnevances filed after ten (10) working days from date of occurrence, or after ten (10) working days from the date the employee had knowledge of an occurrence. 26 Section D - Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure ofthe employee to submit the grievance wIthin the time lImits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Section E - The Parties' Ri2:hts and Restrictions 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City. 5. Grievances of an identical nature, involving an alleged violation ofthe same article, section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as a representative, may file a grievance alleging that the City has violated specific rights afforded the employees covered by the Agreement. Such grievance shall be filed directly at Step 2 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F - Informal Grievance Disposition Within ten (10) working days from the occurrence ofthe incident on which a complaint is based, or within ten (10) working days from the employee's knowledge of the occurrence, the employee will promptly meet to verbally discuss the complaint with his immediate supervisor. In those circumstances where the nature of the complaint involves the immedIate supervisor, the employee may verbally discuss the complaint with the next higher level of supervision, provided notification is given the immediate supervisor by the employee. Such initial discussion shall precede the use of the formal grievance procedure. If the supervisor fails to reply to the employee within ten (10) working days of the meeting, or if the employee is not satisfied with the decision, the employee may utIlize the formal grievance procedure. 27 Section G - Formal Grievance Procedure Step 1: Supervisor The formal grievance procedure shall be initiated by the employee, stating the nature of the grievance, the alleged violation by section or number, and the desired solution, in writing on the City grievance form, together with any supporting documents attached to the grievance form. The grievance form and any supporting documents shall be delivered to the supervisors with whom the informal meeting was held, no later than ten (10) workmg days from the date ofthe close of the informal meeting. The supervisor shall hold a formal meeting with the employee to review the facts, gather all supporting documents, discuss the complaint and desired solutIOn, and discuss the proper appeal procedure. The supervisor will issue a written decision on the original grievance form within ten (10) working days of the close of the formal meeting. Step 2: Department Head If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to the Department Head. At this time, all supportmg documents and evidence relative to the grievance shall be included with the appeal. The Department Head shall hold a formal meeting with the employee and his representative, if requested, within ten (10) working days from the date of the appeal receIpt, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within ten (10) working days from the close of the formal meeting. Step 3: City Mana2er If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within ten (10) working days from receipt of the Department Head's decision. In his appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievant's reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) working days of receipt of the grievance. Step 4 - Bindin2 Arbitration If the grievant is not satisfied with the decision of the City Manager, within ten (10) working days after receipt of the decision, the Union may submit the grievance to binding arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation & ConcIlIatIOn Service and request a list of seven names. The selection of the arbitrator shall be by each side stnkmg a name from the list, with the first party to strike a name determined by a coin toss, until only one name remains. In the event the initial list is not satisfactory to either party, a second list of names may be requested The cost of the arbitrator shall be divided equally between the City and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. The Arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. 28 ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective January 1, 2008, and shall remain in force through December 31, 2010, and shall remain in effect during the course of negotiations of a new Contract. IN WITNESS WHEREOF, we hereunto attach our signatures this If 6- day of November 2008. CITY OF PORT ANGELES /:1c~r ~L-~' / Gary Braun, r(jayor ~L fM;;-- 7 Jerry Osterman, Interim City Manager ~&~ Bob Coons, Human Resource Manager 29 .5 . c:ll.o I WASHINGTON TEAMSTERS WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION IN TRUST The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation in the above Trust. An enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. City of Port Angeles Sworn Officers Unit Employer Name Teamsters Local 589 S tIJ tJA, tV (!) tJ \ ~ 'f'4J Labor Organization (Union) Name 321 East Fifth Street Address PO Box 1150 Address Port Angeles, W A 98362-0217 City, State, Zip Code Port Angeles W A 98363 City, State, Zip Code COLLECTIVE BARGAINING AGREEMENT The parties' Collective Bargaining Agreement is in effect from: 1/1/08 to 12/31/10 o New Account [8J Renewal- Account No. _ Approximate Number of Covered Employees _ INFORMATION CONCERNING TYPE OF EMPLOYER'S BUSINESS Employer is: [8J Public Entity 0 Corporation - State of _ 0 Partnership If employer is a Partnership or Sole Proprietorship please provide name(s) of the owner or partners below: o Sole Proprietorship BENEFIT PLAN(S) DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Employer is required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following benefit plan(s): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a part hereof.) COVERAGE IN BARGAINING AGREEMENT For renewals, list all coverages not just changes. Monthly Rate MEDl.CAL [8J Plan A o Plan B o Plan C 10 WTIOO $ 863.90 Life/ AD&D o Plan A o Plan B o Plan C Employee $30,000 Life/AD&D $15,000 Life/AD&D $5,000 Life/AD&D $ Dependent $ 3,000 Life $ 1,500 Life $ 500 Life Time Loss o Plan A o Plan B o Plan C I Orlan D $ Amount $400/week $300/week $200/week $1 OO/week LTD o Long Term Disability Income Plan $ Waivers [8J Additional 9 months Disability Waiver of Contributions - Medical only $ 11.40 MEDICAL TOTAL $ 875.30 DENTAL [8J Plan A o Plan B o Plan C $ 125.20 VISION [8J Plan EXT $ 11.35 Will there be any coverage changes before the Collective Bargaining Agreement's expiration? 0 Yes [8J No. If yes, attach a Subscription Agreement for each change. A Subscription Agreement must be submitted in advance of the effective date below. EFFECTIVE DATE OF COVERAGE The contribution rates above are due efIective (month/year) 1.011.85 based on employment in the prior month. Note: Coverage is provided using a lag month, therefore coverage is effective in the month follOWing the month contributions are due. For example, contributions due effective April based on March employment will provide coverage in May. EXPIRA TION OF COLLECTIVE BARGAINING AGREEMENT Upon expiration of the above-reft:renced Collective Bargaining Agreement. the Employer agrees to continue to contribute to the Trust in the same amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other in writing (with a copy to the Trust) of its intent to cancel such obligation tive (5) days atter receiving notice, whiche er occurs tirst. The Trust rest:rves the right to immediately terminate participation in the Trust upon the failure to execute this or y future S 'ription Agreement or to comply with the Trust Operating Guidelines as amended by the Trustees from time to time. For Employer ~ t1~ For Union Title/ Assn/i.:,l..... /{ 7' Date? It /07 Title 5c <: - -rr ~ti5 u r f r Date 7 - I ' 01 ELIGIBILITY TO PARTICPATE IN TRUST Eligibility for benefits is determined in accordance with the requirements established in the Collective Bargaining Agreement provided such requirements are consistent with the Trust guidelines. To establish eligibility for benefits, Trust guidelines require that eligible employees must have the required number of hours in a month and have the contractually required contributions paid on their behalf. Eligibility will commence according to the Trust's lag month eligibility rule. Eligibility continues as long as the employee remains eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust, however, will not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours in a month. Eligibility will end according to the Trust's policy for employees that do not have the required number of hours and contributions in a month and that do not qualify for an applicable extension of eligibility, if any. Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the Trust only pursuant to a written special agreement approved in writing by the Trustees. The Trustees reserve the right to recover any and all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the employer responsible for misreporting them (if applicable). REPORTING OBLIGATION AND CONSEQUENCES OF DELINQUENCY Employer contributions are due no later than ten (10) days after the last day of each month for which contributions are due. The Employer acknowledges that in the event of any delinquency, the Trust Agreement provides for the payment of liquidated damages, interest and attorney fees and costs incurred in collecting the delinquent amounts. TRUSTEES' AUTHORITY TO DETERMINE TERMS OF PLANS The parties recognize that the detail of the benefit plans provided by the Trust and the rules under which employees and their dependents shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms of the governing Agreement and Declaration of Trust (Trust Agreement). The Trustees retain the sole discretion and authority to interpret the terms of the Trust's benefit plans, the plans' eligibility requirements, and other matters related to the administration and operation of the Trust and its benefit plans. The Trustees may modify benefits or eligibility of any plan for the purpose of cost containment, cost management, or changes in medical technology and treatment. MECHANISM FOR HANDLING CONTRIBUTIONINCREASES The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust and to maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability. The parties recognize that it is the intent of the Trust not to provide employee benefit plans for less than the full cost of any such plan. If the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans, the Board of Trustees may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess employer contributions will be subject to the collective bargaining process. ACCEPTANCE OF TRUST AGREEMENT The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trust, and any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust the Trustees serving on the Board of Trustees and their duly appointed successors. Provided, however, that in the event that either Section 2 or 3 of Article VIII of the Trust Agreement is amended to change or modify an Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargaining Agreement. I APPROVAL OF TRUSTEES This Agreement has been approved by the Board of Trustees of the Washington Teamsters Welfare Trust. Date Administrative Agent Washington Teamster Welfare Trust