046-19 - Port Orchard Police Guild - Contract Amendment MOU 6GRIEVANCE SETTLEMENh
MEMORANDUM OF UNDERSTANDING
THIS GRIEVANCE SETTLEMENT MEMORANDUM OF UNDERSTANDING ("MOU") is
entered into by and between the City of Port Orchard, Washington ("City") and the Port Orchard Police
Guilds representing Police Officers and Sergeants ("Guild").
WHEREAS, on April 6, 2020, the Guild filed Grievance 20-01 requesting additional vacation
time accruals related to the closure of City Hall due to the COVID-19 pandemic (the "Grievance"); and
WHEREAS, the Grievance was scheduled for hearing before Arbitrator Dooley on February 11,
2021; and
WHEREAS, the parties wish to direct their efforts and resources away from internal disputes and
toward serving the greater community serviced by the City; therefore, the parties desire to settle and
resolve the Grievance under the terms of this MOU;
NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth
herein, it is voluntarily agreed by and between the City and the Guilds as follows:
1. On the effective date of this MOU, the collective bargaining agreement ("CBA") between the
City and the Guild covering Police Officers shall be modified as reflected in Attachment A to this
MOU.
2. On the effective date of this MOU, the collective bargaining agreement ("CBA") between the
City and the Guild covering Sergeants shall be modified as reflected in Attachment B to this
MOU.
3. The Guild hereby withdraws the Grievance and agrees not to pursue any other grievance, unfair
labor practice complaint, or proceeding against the City arising from the allegations that formed
the basis of the Grievance. Each party is responsible for its own attorneys' fees.
4. This MOU does not constitute an admission of wrongdoing or liability by any party.
5. The venue for any action to enforce or interpret this MOU shall be through the grievance process
provided in the applicable collective bargaining agreement between the City and the Guild.
6. This MOU is effective when signed by both parties. No modification to this MOU is valid unless
in writing and signed by the parties.
CITY OF PORT ORCHARD
Mayor Robert utaansuu
Date; k'2 -7 /Z 1.
Page t of 3
PORT ORCHARD POLICE GUILD
President h Deatherage
Date,
ATTACHMENT A (Patrol)
ARTICLE 11 .................. VACATIONS
11.1 VACATION ACCRUAL
After six (6) completed rnonths of employment, employees shall be entitled to use their accrued
vacation leave. All full-time employees will accrue and record vacation leave on a prorated bi-
weekly basis as follows:
Year 1: 80 hours a year
Year 2: 88 hours a year
Year 3: 96 hours a year
In addition, each year on the employee's anniversary date, after three (3) full years of
employment, 8 hours of vacation for each year will be credited to his/her vacation account. After
each additional year of employment, the employee shall be entitled to an additional bonus of 8
hours of vacation leave. The total vacation/bonus accrual shall not exceed 240 hours.
11.1.1 ACCUMULATION OF VACATION LEAVE - Part-time employees shall have their
vacation leave prorated on the basis of two thousand and eighty (2,080) hours per year (full-time
employment). Vacation leave shall be accrued and recorded on a bi-weekly and or calendar year
basis in the same manner as provided in the vacation accrual section.
11.2 Vacation leave to an employee's credit may be granted at any time during the year at the
discretion of the Department Director concerned.
11.3 Each employee must use at least one week (five (5) consecutive days) leave each year for a
vacation purpose. The balance of vacation leave to his or her credit may be granted one at a time.
11.4 An employee, as defined herein, shall receive leave pay for any portion of vacation earned, but
not taken, upon leaving the employ of the Employer (including for the reasons of voluntary
termination and death of the employee); provided, however, that in case of voluntary termination,
the employee shall have given at least thirty (30) calendar days' notice of such termination in
order to be eligible to receive such pay. Upon date of termination the employee shall receive
compensation for bonus vacation leave prorated from the last anniversary date. There shall be a
cap of two hundred and forty (240) hours on the amount of the payment of accrued vacation time
upon separation of employment for LEOFF II employees.
11.5 The leave pay of all employees who are employed on a daily wage scale shall be paid on the same
schedule for the vacation period as the employee would have been paid for a regular week of
work without overtime.
11.6 An employee may carry over a maximum of three hundred and twenty (320) hours of vacation
effective January 1 of each year. All other accrued vacation not used by the end of each year will
be forfeited, except when accrued vacation is not used due to the convenience of the Employer,
the employee will be paid in cash at the end of the year.
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ATTACHMENT B (Sergeants)
ARTICLE 11 .................. VACATIONS
11.1 VACATION ACCRUAL
After six (6) completed months of employment, employees shall be entitled to use their accrued
vacation leave. All full-time employees will accrue and record vacation leave on a prorated bi-
weekly basis as follows:
Year 1: 80 hours a year
Year 2: 88 hours a year
Year 3: 96 hours a year
In addition, each year on the employee's anniversary date, after three (3) full years of
employment, 8 hours of vacation for each year will be credited to his/her vacation account. After
each additional year of employment, the employee shall be entitled to an additional bonus of 8
hours of vacation leave. The total vacation/bonus accrual shall not exceed 240 hours.
ILLI ACCUMULATION OF VACATION LEAVE - Part-time employees shall have their
vacation leave prorated on the basis of two thousand and eighty (2,080) hours per year (full-time
employment). Vacation leave shall be accrued and recorded on a bi-weekly and or calendar year
basis in the same manner as provided in the vacation accrual section.
11.2 Vacation leave to an employee's credit may be granted at any time during the year at the
discretion of the Department Director concerned.
11.3 Each employee must use at least one week (five (5) consecutive days) leave each year for
vacation purpose. The balance of vacation leave to his or her credit may be granted one at a time.
11.4 An employee, as defined herein, shall receive leave pay for any portion of vacation earned, but
not taken, upon leaving the employ of the Employer (including for the reasons of voluntary
termination and death of the employee); provided, however, that in case of voluntary termination,
the employee shall have given at least thirty (30) calendar days' notice of such termination in
order to be eligible to receive such pay. Upon date of termination the employee shall receive
compensation for bonus vacation leave prorated from the last anniversary date. There shall be a
cap of two hundred and forty (240) hours on the amount of the payment of accrued vacation time
upon separation of employment) for LEOFF Il employees.
11.5 The leave pay of all employees who are employed on a daily wage scale shall be paid on the same
schedule for the vacation period as the employee would have been paid for a regular week of
work without overtime.
11.6 An employee may carry over a maximum of three hundred and twenty (320) hours of vacation
effective January l of each year. All other accrued vacation not used by the end of each year will
be forfeited, except when accrued vacation is not used due to the convenience of the Employer,
the employee will be paid in cash at the end of the year.
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