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023-22 - Teamsters Local No. 589-Police Support - ContractAGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD, WASHINGTON N1 TEAMSTERS LOCAL NO. 589 (Representing the Police Support Staff) JANUARY 1, 2022 THROUGH DECEMBER 31, 2025 TABLE OF CONTENTS to the AGREEMENT By and Between CITY OF PORT ORCHARD and TEAMSTERS LOCAL NO. 589 (Representing the Police Support Staff) January 1, 2022 through December 31, 2025 ARTICLE TITLE PAGE ARTICLE i ----EXCLUSIVE BARGAINING REPRESENTATIVE ----- —------- ------- —---- --------- 3 ARTICLE 2 --NONDISCRIMINATION---------------------------------- -------3 ARTICLE 3 ----UNION SECURITY----------_.__—.�___—___�___— ARTICLE 4 ----RIGHTS OF MANAGEMENT ARTICLE 5 --UNION AND EMPLOYEE'S RIGHTS ARTICLE" 6----DISCIiARGE & SUSPENS[ON---------------------------_�__�_—__{ ARTICLE 7 ---GRIEVANCE & ARBITRATION ARTICLE 8 ----HOURS OF WORK AND WORKING CONDITIONS -------------------- ----7 ARTICLE 9 ----WAGES, LONGEVITY PAY --- ------------ -------- —___-__.______--.—_�W_—_---g ARTICLE 10--DEFINITiOiVS---- ARTICLE I I ---HOLIDAYS ---------------------------- —----------- — -- -----_ 10 ARTICLE 12---VACATIONS--- ------.---------------------------__.____ —_—____ 10 ARTICLE 13—SICK LEAVE--------------------- _____------_---_---_______— _ __—-..--_-- I ! ARTICLE 14 --- BEREAVEMENT------------------------------------ ------ ------- ---------------- 13 ARTICLE 15---LEAVES OF ABSENCE ----------- --- —--------- ------------- ------------------ --- 13 ARTICLE 16--HEALTH AND WELFARE --------- 14 ARTICLE 17—NO REDUCTION 1N BENEFITS------- 15 ARTICLE 18--UNIFORM ALLOWANCE --------------- ------------___. T—___ ____ 15 ARTICLE 19--SAVINGS CLAUSE----------------------------- 15 ARTICLE 20--NO STRIKE CLAUSE------ ----- ----- ---------------------------------- 16 ARTICLE 21 --- DURATION AND NEGOTIATION NOTIFICATION -- ---__________— --------- — 16 ARTICLE 22--- INTERVIEW GUIDELINES---------------------_.Y_. ____--__...... - 16 ARTICLE 23---EDUCATIONAL INCENTIVE PAY---------_Y._Y..—__.__________—____--_ 17 APPENDIX"A" 19 APPENDIX "B.------------- --_ _. __ __--------------------- _—____—__—_._ 21 AGREEMENT (POLICE SUPPORT STAFF) PAGE 2 OF 22 CITY OF PORT ORCHARDITEAMSTERS 4589 January 1, 2022 -- December 31, 2025 AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Police Support Staff) January 1, 2022 through December 31, 2025 PREAMBLE THIS AGREEMENT, dated for reference purposes only the Ist day of January, 2022, is entered into by the CITY OF PORT ORCHARD, WASHINGTON, hereinafter the "Employer" or "City", and TEAMSTERS LOCAL NO. 589, hereinafter the "Union". ARTICLE I...................EXCLUSIVE BARGAINING REPRESENTATIVE 1.1 The Employer recognizes Teamsters Local No. 589 as the exclusive bargaining representative for all employee classi ficalions as found in Appendix "A". This Agreement does not cover temporary employees, supervisors, department heads and any other City job classifications not listed in Appendix "A" ARTICLE 2...................NONDISCRIMINATION 2.1 The Employer and the Union agree that employment shall be consistent with applicable state and federal laws regarding discrimination. If an employee pursues a complaint of unlawful discrimination to a federal or state government agency, the complaint shall not also be processed as a grievance under this Agreement. ARTICLE 3...................UNION SECURITY 3.1 Notification of New Hires. The Employer agrees to notify the Union within five (5) working days when new employees are hired. 3.2 Dues Deduction Procedure The Employer shall deduct and transmit monthly those regular Union membership initiation fees, dues, and assessments from the pay of each employee who so authorizes the Employer in writing. In addition, the Employer shall provide the Union a list of employees and their respective Union - related deductions. The Union agrees to indemnify, defend and hold the Employer harmless against any and all claims, suits, orders and judgments brought against the Employer as a result of any payrol I deduction made on the Union's behalf until such time as the authorizing employee revokes AGREEMENT (POLICE SUPPORT STAFF) PAGE 3 OF 22 CITY OF PORT ORCHARD/TEAMSTERS 4589 January 1, 2022 December 31, 2025 their authorization. The authorizing employee's dues deduction authorization shall remain in full force and effect until the month following a written notice revoking the same is executed by the employee and delivered to the Employer with a copy to the Union. The Union may give the Employer thirty (30) days written notice to discontinue dues check -off. Employees on unpaid leave shall not have union dues deducted by the City and must contact the Union to make arrangements until they are back at work. ARTICLE 4...................RIGHTS OF MANAGEMENT 4.1 Subject only to the terms and conditions of the Agreement all of management's inherent rights, powers, authority and functions, whether heretofore or hereafter exercised and regardless of the frequency of their exercise, shall remain vested exclusively in the Employer. Management's rights shall include, but not be limited to, the following: (1) The determination of Police Department policy, including the right to manage the affairs of the Police Department in all respects; (2) The right to assign working hours, including overtime; (3) The right to establish, modify or change work schedules, managing of facilities and equipment, including the amount of facilities and equipment; (4) The right to direct the employees of the Police Department, includingthe right to hire, evaluate qualifications, evaluate skill and ability, promote, demote, suspend, layoff, and discipline or discharge non -probationary employees farjust cause; (5) The right to organize and reorganize the Police Department in any manner it chooses, including the size of the Police Department and the determination of job classifications based upon duties assigned, except where such changes impact conditions of employment, wherein the Employer will notify the Union of its intent and offer the opportunity to bargain prior to the implementation by the Employer, (6) The determination of the safety, health and property protection measures for the Police Department in accordance with applicable statutes and regulations; (7) The selection, promotion or transfer of employees to supervisory or other managerial or technical positions; (8) The allocation and assignment of work to employees within the Police Department; (9) The determination of policy affecting selection or training of employees; (10) The scheduling of operations and determination of the number and duration of hours of assigned duty per week, except that the Employer will notify the Union of its intent and offer the opportunity to bargain prior to implementation by the Employer; (11) The establishment, modification and enforcement of reasonable Police Department rules, regulations and orders; AGREEMENT (POLICE SUPPORT STAFF) PAGE 4 OF 22 CITY OF PORT ORCHARDfTEAMSTERS #t599 January 1, 2022 December 31, 2025 (12) The transfer of work from one position to another within the Police Department; (13) The introduction of new, improved or different methods and techniques of operation of the Police Department or changes in existing methods and techniques; (14) The placing of service, maintenance or other work with outside contractors or agencies of the Employer; (15) The determination of the number of classi fications and the number of employees within each classification; and (16) The determination of the amount of supervision necessary. The failure of the Employer to exercise a management right, or its exercise of that right in a particular way, shall not create a vested right in the employee to a continuation of a past practice with regards thereto. 4.2 PROBATION - Employees shall serve a probationary period of (12) twelve months and shall have no seniority rights during that period. After twelve (12) months an employee's seniority date shall become the date on which the employee started the probation period. Probationary employees are employed at will and may be disciplined or discharged without cause. The Union may not question the dismissal of any probationary employee nor shall the dismissal be tite subject of a grievance. 4.3 PROMOTION -PROBATION - The probationary period for an employee who has been promoted to a new classification shall be twelve (12) months. If an employee's performance in the new classification is found to be unacceptable, the employee shall have the right to return to the position from which the employee was promoted. In the event an employee is found to be unacceptable in the new classification during the probationary period, the employee and the Union may not question the Employer's decision to return the employee to a previously held position, nor shall the Employer's action be the subject of a grievance. ARTICLE 5...................UNION AND EMPLOYEE'S RIGHTS 5.1 Duly authorized Union Representatives shall be permitted access to the properties of the Employer at reasonable tithes for the purpose of observing working conditions and transacting Union business; provided, however, that the Union Representative first secures approval from a designated employer representative and that no interference with the work of employees or the proper operation of the Employer shall result. 5.2 The Employer agrees to provide bulletin board space for posting of official Union notices which shall be signed by a responsible agent of the Union. 5.3 The Union shall be permitted to establish a job steward. The duties of the job steward shall be to give the Union notice of new employees hired and to receive complaints which will be communicated to the business agent of the Union, who in turn may take the matter up with the AGREEMENT (POLICE SUPPORT STAFF) PAGE 5 OF 22 CITY OF PORT ORCHARDITEAMSTERS #589 January I, 2022 - December31, 2025 Employer. The job steward may also sign up new employees. Union activities (except labor negotiations) shall not be carried on during working hours. Labor negotiations shall occur at mutually convenient times. The participating employee shall be in a paid status during normal working hours. unless the Employer, in its sole discretion, decides otherwise. 5A Any employee receiving higher wages or enjoying more favorable conditions than provided for in this Agreement shall not suffer by reason of its signing or adoption. 5.5 The Employer shall deduct regular Union initiation fees and dues when presented an authorization card signed by the employee. 5.6 The Union will supply to the Employer, signed payroll deduction authorization cards for the payroll deduction of Union initiation fees and dues for the Employer's records. 5.7 Monies so deducted shall be mailed to the office of the Union on or before the tenth (1 Oth) of each month, accompanied with a list of the employees and amount deducted. Deduction of dues shall be optional with the employee. The Union and each employee authorizing the assignment of wages for payment of Union dues hereby undertake to indemnify and hold the Employer hatrnless from all claims, demands, suits or other forms of liability that may arise against the Employer for or on account of any deduction made from the wages of such employee. 5,8 No employee shall be unlawfully discriminated against for upholding; Union contract provisions and any person who works under the instructions of the Union or who serves on a committee shall not lose their job or be discriminated against for that reason. ARTICLE 6............ DISCHARGE & SUSPENSION 6.1 Whenever the Employer believes the non -probationary employee has committed acts that are in violation ofdepartment policy, the employee shall be disciplined with just cause in accordance with department policy governing disciplinary action in lieu of civil service rules, if applicable. 6.2 The Union shall have the right to investigate any notices involving the disciplinary action of any employee, and the option of proceeding with the grievance procedure as recognized under Article 7 of this Agreement for discipline of non -probationary employees. ARTICLE 7...................GRIEVANCE AND ARBITRATION 7.1 A "grievance" means a claim or dispute with respect to the alleged violation of the provisions of this Agreement. 7.2 Step 1. A grievance shall be presented within thirty (30) calendar days of its alleged occurrence to the employee's immediate supervisor. The grievance shall contain the section of the Agreement allegedly violated, the facts, and the remedy sought. The supervisor shall issue a written response within fifteen (15) calendar days. AGREEMENT (POLICE SUPPORT STAFF) PAGE 6 OF 22 CITY OF PORT ORCHARD.'TEAMSTERS 4589 January 1. 2022 December 31. 2025 7.3 Step 2. If the employee(s) or the Union Representative is/are not satisfied with the Step I response. the grievance may be presented in writing within fificen (15) calendar days of receipt of the Step 1 response to the Chief of Police who shall issue a response within thirty (30) calendar days. 7.4 Step 3. If the employee(s) or the Union Representative is/are not satisfied with the Step 2 response, the grievance, in writing together with all other pertinent material may be presented to the Mayor, within fifteen (15) calendar days of the Step 2 response. The Mayor shall issue a written response within thirty (30) calendar days. 7.5 Neither the arbiter nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. 7.6 Step 4. If the Union is not satisfied with the Step 3 response, the Union may request a list of nine (9) arbitrators from the Public Employment Relations Commission (PERC) within fifteen (15) calendar days of the Step 3 response. An arbitrator shall be selected by alternating strikes, the first strike to be determined by a flip of a coin. The decision of the arbitrator shall be final and binding; on both parties. The cost of the arbitrator will be shared equally by the parties. Each party shall pay for its own representatives, including attorney's fees. 7.6.1 Election of Remedies - No complaint/grievance may be filed under the grievance procedure in this Article 7 and under the Port Orchard Civil Service Commission appeal procedures. The Union, on behalf of the employee(s), must elect a remedy (i.e., either pursuing arbitration under this Article 7 or pursuing an appeal before the Port Orchard Civil Service Commission) no later than fifteen (15) calendar days after the completion of the step in paragraph 7.4 ofthis Agreement. Step 7.4 shall be deemed "complete" thirty (30) calendar days after submission of the grievance to the Mayor. Submission of a matter to the Port Orchard Civil Service Commission also constitutes an election of remedies and waives the right to pursue the matter to arbitration under this Agreement. ARTICLE, 8...................HOURS OF WORK AND WORKING CONDITIONS 8A WORKWEEK - The regular work week shall be forty (40) hours of work consisting of five (5) consecutive eight -hour days followed by two (2) consecutive days off or four (4) consecutive ten- hour days followed by three (3) consecutive days off during a seven-day period, except for shift changes. The selection or subsequent change in the work week shall be at the discretion of the Chiefof Police. Shift adjustments shall be by seniority. It shall not be a violation of this agreement if the employee and Chief of Police mutually agree on a flexible work schedule. 8.2 OVERTIME - Compensable hours are defined as Employer -paid time. Services performed in excess of forty (40) compensable hours per week will be compensated at one and one-half (1'/2) times the regular hourly rate. 8.3 COMPENSATORY TIME - If the employee prefers, overtime may be credited to compensatory leave time at the rate of one and one-half ( I'/) hours for each hour of overtime. Scheduling of time to use the compensatory time shall be subject to approval of the employees' supervisor. If compensatory time is not taken within thirty (30) calendar days of the date earned it shall be converted to cash and paid in accordance with the above rate. Compensatory time will not be AGREEMENT (POLICE SUPPORT STAFF) PAGE 7 OF 22 CITY OF PORT ORCHARDITEAMSTERS M589 January 1, 2022 — December 31, 2025 scheduled if it results in requiring back -filling positions to meet minimum staffing needs or payment of overtime. 8.4 REST PERIODS AND MEAL BREAKS — The parties agree to rest periods and meal breaks that supersede WAC 296-126-092 pursuant to RCW 49.12,187. Rest periods do nut accrue and may not be cashed out. An employee who does not receive a rest period shall notify a supervisor. 8.4.1 REST PERIODS - Employees are provided two 15-minute paid rest periods per regular full-time work shift, one taken in the morning and one in the afternoon, An employee required to work more than ten (10) consecutive hours shall be provided another 15-minute paid rest period after the ten (10) hours. Rest periods shall be taken to avoid interfering with the Employer's operations and services, and may be taken intermittently when appropriate. Employee working a part-time shift are provided one 15-minute paid rest period for each four (4) hours worked. 8A.2 MEAL BREAKS — The Employer and the Union agree that due to the nature of the work performed and the preference of employees covered by this Agreement, no employee covered by this Agreement shall be provided a meal break. Either party may reopen this paragraph. 8.5 Adjustments in the regular working hours of the employees for the convenience of the Employer shall not be construed to be in conflict with this Agreement. 8.6 OUT OF CLASS PAY - There is no out of class pay unless employee is assigned to the position for more than thirty (30) calendar days. st - 301h calendar days: no additional pay 31 st calendar day or more: 8% premium pay added to current hourly rate 8.6 CALLBACK Should an employee be called for duty other than the regular shift, such employee shall receive a minimum of three (3) hours of overtime pay. Call back shall not apply when the employee is called back to work within two (2) hours of the start of their regular shift. 8.7 If at any time, the Mayor or designee closes City Hall due to inclement weather or a state of emergency, the Chief of Police or designee will determine which employees are needed in order to accomplish the business needs of the City. The City will pay employees who are not needed at work for the equivalent time of their regular working hours for that day and they will not be required to use leave. Employees who are already at City Hall and are required to stay or asked to report to work by the Chief or designee shall be credited the equivalent time of the closure into their vacation leave banks. The foregoing shall not apply to situations in which City Hall is closed to the public but remains open for employees to work. The Community Health Navigator will contact the Chief or designee as to what hours they wil I need to work. 8.8 TELEPHONE CALLS - Employees required to work remotely outside their regular shift without reporting for duly (for example, phone calls lasting more than 7'/2 minutes) shall be compensated a minimum of fifteen minutes at the applicable hourly rate. Routine communications, such as for overtime opportunities or assignments, are not eligible for compensation under this provision. AGREEMENT (POLICE SUPPORT STAFF) PAGE 8 OF 22 CITY OF PORT ORCHARD/TEAMSTERS #589 January 1, 2022 December 31, 2025 8.9 Telecommuting will be available when mutually agreed upon between the employee and their supervisor and subject to approval by the Chief of Police and/or Mayor. 8.10 The Employer retains the right to decide if a reduction in force is required. The Employer also retains the right to designate the classification from which the layoff will occur. Once the classification is designated, a reduction in force will be based on seniority. Seniority is defined as time that an employee has continuously served in the targeted classification. Employees who are ultimately laid off will be placed on a Reinstatement List in order of seniority. For eighteen months after being placed on the Reinstatement List the employee will first be offered their formerposition, if it becomes available, or any other open position within the City for which the employee is qualified. Employees shall be provided not less than four (4) weeks written notice of layoff. Employees on the Reinstatement List are required to provide the Employer with updated contact information and failure to respond to an offer of reemployment within fourteen (14) calendar days shall result in waiver of the right to reinstatement. The order of layoff shall be: (1) temporary or provisional employees; (2) probationary employees; (3) part-time employees; and (4) full-time employees. if furloughs are deemed necessary by the Employer, the panics will discuss the impact of the furloughs and enter into an appropriate and agreed Memorandum of Understanding. ARTICLE 9................... WAGES, LONGEVITY PAY 9.1 Al I employees covered by this Agreement shall be classified and compensated in accordance with Appendix "A" attached hereto and considered part of this Agreement. Appendix "A" reflects the pertinent items from the City salary ordinance. As determined by the Employer, in recognition of previous work experience, the starting pay for newly hired employees may be set up to and including the point on the pay scale one step below the top of the scale. 9.2 Aber completion of two (2) years full-time employment, an employee shall be eligible for longevity pay. Such longevity pay shall be the employee's base pay plus one -quarter of one percent (.25%) for each additional year of employment. Each longevity pay increase shall commence in the pay period that the employee's anniversary date of employment occurs as calculated by the payroll software, and each longevity increase shall be calculated on the base pay for the position held by the employee. Employees hired after February 12, 2001 shall not be entitled to longevity pay. ARTICLE 10................. DEFINITIONS 10.1 DEFINITIONS - In construing the provisions of this agreement, the following definitions shall apply: 10.2 A "full-time employee" is any person employed by the Employer who is scheduled to work forty (40) hours per week on a year-round basis. 10.3 A "part-time employee" is any person employed by the Employer for less than forty (40) hours per week. AGREEMENT (POLICE SUPPORT STAFF) PAGE 9 OF 22 CITY OF PORT ORCHARD/TEAMSTERS 9599 January I. 2022 December 31, 2025 10A A "temporary employee" is any person employed by the Employer for not to exceed six (6) months duration. The employee will be considered "full time" or "part-time" when their continuous service exceeds six (6) months. ARTICLE l I.................HOLIDAYS 11.1 All employees shall be entitled to observe the following; holidays with pay: the first day of January, commonly called New Years Day; the third Monday of January, being; celebrated as the birthday of Martin Luther King, Jr.; the third Monday of February, being; celebrated as the anniversary of the birth of George Washington; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, known as. Labor Day, the eleventh day of November, known as Veteran's Day; the fourth Thursday of November, known as Thanksgiving, Day; the day after Thanksgiving; the twenty-fifth day of December, commonly called Christmas Day. Part-time employees will receive a pro-rata portion of pay for holidays provided for in this section. 11.2 All employees shall receive sixteen (16) hours of personal holidays each year to be used by the employee; provided: The employee has been or is scheduled to be continuously employed by the Employer for more than four (4) months, and the employee has given not less than fourteen (14) calendar days written notice to the supervisor; provided, however, the employee and the supervisor may agree upon an earlier date, and the number of employees selecting a particular day off does not prevent the Employer from providing continued public service. Part-time employees will receive a pro-rata portion of hours for holidays provided for in this section. The personal holidays must be taken during; the calendar year or entitlement to that day will lapse, except when the employee has scheduled a personal holiday for use by December 31 and the request has been denied due to the business needs of the Employer, in which case it must be used by March 31 of the following; year. 11.3 Whenever a recognized holiday falls on a Saturday, the holiday will be observed on the preceding Friday. Whenever a recognized holiday falls on a Sunday, the holiday will be observed on the following Monday. ARTICLE 12.................VACATIONS 12.1 VACATION ACCURAL Vacations should be scheduled in order to minimize disruption to City operations. Leave requests should be submitted through Employee Self -Service Module as far in advance as possible (and at least two weeks) prior to taking vacation leave. Vacation requests will be granted or denied based upon City operational needs as determined in the supervisor's discretion. Base Vacation Accrual. Full and part-time employees shall accrue at the rates below per regular paid straight time hour (excluding overtime, leave cash out, and comp time earned): Year I: 0.0385 per hour up to a maximum of 3.08 per pay period Year 2: 0.0423 per hour up to a maximum of 3.38 per pay period Year 3: 0.0462 per hour up to a maximum of 3.70 per pay period AGREEMENT (POLICE SUPPORT STAFF) PAGE 10 OF 22 CITY OF PORT ORCHARDr TEAMSTERS €t589 January 1,2022 December 31.2025 Bonus Vacation Accrual. In addition each year on the employee's anniversary date, after three (3) full years of employment, 8 hours of vacation will be credited to their vacation. After each additional year of employment, the employee shall be entitled to an additional bonus of 8 hours of vacation leave. Combined Vacatj„212 Accrual. The total Base Vacation Accrual plus Bonus Vacation Accrual shall not exceed 240 hours for each year of employment. 12.2 The Chief of Police has the discretion to allow an employee advance vacation leave that has not yet been accrued at any time during the year. 12.3 After the first full calendar year of employment, each employee must use at least one week (five (5) consecutive days) leave each calendar year for vacation purpose. 12.4 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 ofvoluntary termination and death of the employee), provided, however, that in case of voluntary termination, the employee shall have given at least fourteen (14) calendar days' notice ofsuch termination before being entitled to receive such pay. Upon date of termination the employee shall receive compensation for all bonus vacation leave prorated from the last anniversary date. 12.5 Holidays observed during an employee's vacation period shall not be counted as vacation leave taken. 12.6 An employee may carry over a maximum of two hundred forty (240) 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. No employee shall be eligible to receive this cash payment, however, for any vacation leave which was not previously scheduled prior to December I". Upon termination, vacation pay shall not exceed two hundred and forty (240) hours. If an employee has accrued annual leave in excess of two hundred and forty (240) hours, the employee may request to be continued on the payroll for the time equivalent to the amount of time in excess of two hundred and forty (240) hours of accrued vacation leave. 12.7 Upon promotion or transfer to a City position not covered by this Agreement, the employee may roll over accrued and unused vacation up to the cash out maximum in this Agreement (i.e., 240 hours) or the maximum vacation accrual limit applicable to the new position, whichever is higher. ARTICLE 13.................SICK LEAVE 13.1 All full-time and part-time employees shall be entitled to use accrued sick leave when they are incapacitated from performance of their duties by reason of sickness or injury or when, through exposure to contagious diseases, the presence of the employee would jeopardize the health of others, or in accordance with the Employer's policies. Such sick leave for full-time employees shall accrue at the rate of one (1) day (8 hours) for each calendar month of employment and if not used shall accumulate to a maximum of nine hundred sixty (960 hours). Part-time employees shall have their sick leave prorated on the basis of two thousand and eighty (2,080) hours per year (full - AGREEMENT (POLICE SUPPORT STAFF) PAGE I 1 Of 22 CITY OF PORT ORCHARDITEAMSTERS 9599 January I, 2022 December31, 2025 time employment), Sick leave shall be accumulated and recorded on a monthly basis as provided in this section. Effective within a reasonable period after January 1, 2022, or the date this agreement is fully ratified, whichever occurs first, sick leave for full and part-time employees shall accrue at the rate of 0.0462 per regular paid straight time hour (excluding overtime, leave cash out, and comp time earned) up to a maximum of 3.70 hours of sick leave per pay period, and if not used shall accumulate to a maximum carryover from one calendar year to the next of nine hundred and sixty (960) hours. 13.2 Sickness shall be reported by the employee at the beginning of any period of illness to the supervisor in accordance with department policy. 13.3 Medical verification may be required when sick leave occurs in excess of three (3) consecutive days. 13.4 Any employee found to have abused the sick leave privilege by falsification or misrepresentation may thereupon be subject to discipline up to and including termination. 13.5 At the option of Elie employee, sickness in excess of the maximum number of days accrued may be charged to accrued vacation. 13.6 In lieu of sick leave buyout the Employer shall provide term life insurance on the employee's life, the beneficiary to be designated under the plan rules. The policy shall remain in full force and effect so long as the employee is employed by the Employer. The face amount of the policy shall be Fifty Thousand and no1100 Dollars ($50,000.00), To be eligible for this benefit, the employee must work thirty (30) or more hours per week and meet all other eligibility requirements. 13.7 On the Job Injuries. An employee who suffers a work -related illness or injury must report that illness or injury to their supervisor within twenty-four (24) hours unless the employee is prevented by incapacity from doing so. If the illness or injury is one for which time -loss payments are provided through the workers' compensation system, the employee will indicate, via their electronic timesheet, to receive only such time -loss payment or to use paid leave in combination with workers' compensation benefits as follows: (1) An employee choosing to receive only such time -lass payment as provided by workers' compensation will indicate "Leave without Pay" or alternative designation set up by payroll to indicate their choice to collect only the workers' compensation time -loss. (2) An employee choosing to take any type of available paid leave while receiving workers' compensation benefits will receive the full value of such paid leave in addition to their timc- loss payments. 13.8 WASHINGTON STATE FAMILY AND MEDICAL LEAVE PROGRAM - Employees are eligible for paid family and medical leave consistent with RCW 50AA4,115, effective January 1. 2020. Employer will pay the designated employer's share and employees will pay the designated employee share via payroll deduction. 13.9 Upon promotion or transfer to a City position nut covered by this Agreement, the employee may roll over accrued and unused sick leave up to the maximum sick leave accrual limit applicable to the new position, AGREEMENT (POLICE SUPPORT STAFF) PAGE 12 OF 22 CITY OF PORT ORCHARD/TEAMSTERS 4589 January 1, 2022 December 31, 2025 ARTICLE 14.................BEREAVEMENT 14.1 Employees shall be allowed up to twenty -Four (24) hours of paid bereavement leave for death in the immediate family upon approval and authorization ofthe Chiefof Police or designee. For travel out of State an employee shall receive, subject to the approval of the Chief of Police, an additional sixteen (16) hours of paid bereavement leave. Part-time employees will receive a pro-rata amount of bereavement leave. 14,2 For purposes of paragraph 14.1 above, "immediate family" means the employee's spouse (or Washington State registered domestic partner as defined by Chapter 26.60 RCW), their children and/or step -children, grandchildren, and both the employee's and the spouse's/domestic partner's sister, brother, grandmother, grandfather, mother, father, mother-in-law, father-in-law, as well as any "step or foster" relation and any other familial inhabitant of the employee's household. If an employee would like to attend the funeral of an individual not listed in this section, upon approval and authorization of the Chief of Police, the employee may do so either by using accrued vacation leave, or if the employee has no vacation leave available, leave without pay. The amount of leave set forth in section 14.1, above, will apply. The provisions of Section 153 requiring exhaustion of sick leave before leave without pay will not apply to Article 14. ARTICLE 15.................LEAVES OF ABSENCE 15.1 CIVIL LEAVE - Any necessary leave may be allowed by the Chiefof Police or designee to permit any employee to serve as a member of a jury or to exercise his other civil duties. Each employee who is granted such leave and who, for the performance of the civi I duties involved, received any compensation shall be paid by the Employer for the time they are absent The City does not require employees to remit payments for jury duty service to the City, including for periods of paid leave. If an employee is summoned for jury duty and the Chief of Police or designee determines it would adversely impact Employer operations if the employee was on jury duty, then the employee shall cooperate with the Employer in attempting to be excused from or rescheduling the jury duty. 15.2 MILITARY LEAVE - Paid military leave shall be provided in accordance with RCW 38.40.060. 15.3 LEAVE WITHOUT PAY - Leave without pay may be granted at the discretion of the Chief of Police. Such leave will be granted only after all sick leave, if applicable, vacation and compensatory time has been exhausted and under no circumstances in excess of ninety (90) calendar days. Leave without pay shall not be granted for the purpose of the employee accepting other temporary employment or to gain personal advantage or profit. During an authorized leave without pay, the employee shall not receive any benefits nor shall they continue to accrue seniority. Nothing herein is intended to supersede the employee's rights under applicable State or Federal Leave Law. This paragraph does not apply to leaves of absence while an employee is on Washington Paid Family Medical Leave. 15.4 UNAUTHORIZED ABSENCE - Unauthorized absence from duty for three (3) consecutive working days shall constitute grounds for dismissal. AGREEMENT {POLICE SUPPORT STAFF} PAGE 13 OF 22 CITY OF PORT ORCHARD:'TEAMSTERS 9589 January 1, 2022 December31, 2025 ARTICLE 16.................HEALTH AND WELFARE 16.1 MEDICAL COVERAGE - Subject to the remaining terms of this Article 16, the Employer will provide health insurance coverage through the Association of Washington Cities (AWC), provided that the employee has been compensated for 40 hours or more in the preceding month. Coverage will end in the month of separation, provided that the employee has been compensated for 40 or more hours in the preceding month. 16.2 DENTAL COVERAGE - The Employer shall provide Teamsters Plan A Dental through the Washington Teamsters, for the employee, spouse and dependents. 16.3 VISION COVERAGE - The Employer shall provide Vision Plan, Extended Benefits through the Washington Teamsters for the employee, spouse and dependents. 16.3.1 All employees that have Dental Plan "A" and Vision Plan "EXT" through Washington Teamsters Welfare Trust must meet the eligibility threshold and be compensated for at least forty (40) hours per month to qualify forthe above benefits as per the Trust's operating guidelines. If the employee does not meet the eligibility requirement, then they are not entitled to the benefits or alternative compensation for the same. 16A MEDICAL BENEFITS FOR PART-TIME EMPLOYEES WORKING MORE THAN 20 HOURS A WEEK AND AN AVERAGE OF LESS THAN 30 HOURS PER WEEK -- Subject to the remaining terrns of this Article 16, for part-time employees the Employer will pay 50% of the medical insurance premium as specified above for the employee only if the employee elects to pay 50% of the premium by payroll deduction. The employee may elect to purchase medical insurance coverage for their spouse and/or dependents at their own expense by payroll deduction. 16.5 The Employer shall have the right to change titre health and welfare insurance company and/or plan so long as the medical premium impacts to the employee are cost neutral and the benefits in the new plan are substantially the same as the benefits in the plan in effect at the time the plan change is to be implemented. The term "cost neutral" is to be used in the context of employee monthly medical premiums. Employee medical premium amounts are listed in Appendix B of this Agreement. -Cost neutral" means that the employee medical premiums will not be increased above the fixed amounts that would have been calculated under the previous plan's allocation in the event the Employer elects to change health and welfare insurance plans or companies. 16A Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction as shown in Appendix B. 16.6.1 The parties acknowledge the Employer's current health and welfare plans. If the total cost of monthly premiums for said plans increase by more than twenty-five percent (25%), the parties shall meet and confer. The Employer and the Union each reserve the right to reopen negotiations relating to health care to bargain over the impact of any changes to Article 16 of this Agreement, whether such changes are necessitated by the requirements of the Affordable Care Act, or any changes thereto, or otherwise. 16.7 HRA VEBA CONTRIBUTION FOR NON -PARTICIPANTS. If a full-time employee who is otherwise eligible to participate in the Employer's medical care coverage as provided in this Article 16 elects to waive such coverage (and provided the related insurance companies involved allow for AGREEMENT (POLICE SUPPORT STAFF) PAGE 14 OF 22 CITY OF PORT ORCHARDITEAMSTERS #559 January 1, 2022 December 31, 2025 such waiver), Employer shall contribute five hundred dollars ($500) per month towards an HRA VEBA account established for such employee, in lieu of such medical care coverage. The HRA VEBA contribution shall be made directly into the applicable account, in accordance with the Employer's normal payroll processes, at the end of the last payroll period of the applicable month. Such contribution shall only be made for those full months in which the employee's waiver is in effect; no prorated contribution for partial months shall be made. Employees who waive the Employer's group medical care coverage may not be eligible to return to medical coverage until open enrollment periods as outlined by the insurance carrier. Employees waiving coverage are subject to verification for waiver eligibility as requested by the Employer. In the event, in an open enrollment period, the number of potential waivers exceeds the available capacity, there will be a lottery for the available spots. Participants will not be unenrolled from their medical plan until the City has verified that the employee is eligible to waive their participation in the Employer's group medical care coverage. 16.8 Effective on or after January 1, 2022, the City will pay for an Accidental Death and Dismemberment (AD&D) policy covering all employees under this Agreement. To be eligible for this benefit, the employee must work thirty (30) or more hours per week and meet all other eligibility requirements. ARTICLE 17............. NO REDUCTION IN BENEFITS 17.1 No ordinance granting any employee a benefit shall be changed during the term of the Agreement which would reduce the benefits to the employees for the duration of this Agreement, unless agreed upon in writing by the parties. ARTICLE 18.................UNIFORM ALLOWANCE 18.1 The Employer will replace all items of uniform as deemed necessary by the Chief of Police. Shoes are not included. Employees must submit to the Employer's decisions. 18.2 The entire cost of uniform items, except shoes, is to be reimbursed to a newly hired police support staff member upon appointment. 18.3 All clothing and equipment so furnished shall remain the Employer's property. 18.4 Management retains the right to determine what, if any, uniforms are worn. ARTICLE 19................ SAVINGS CLAUSE 19. I Should any provisions of this Agreement be found to be in violation of any federal or state law, or declared invalid by a court action, all other provisions of this Agreement shal I remain in full force and effect for the duration of this Agreement. The Employer and the Union agree that any invalid provision of this Agreement shall be modified through collective bargaining prior to the expiration of this Agreement. All language in this Agreement will remain the same from year to year while AGREEMENT (POLICE SUPPORT STAFF) PAGE I OF 22 CITY OF PORT ORCHARD/TEAMSTERS 9589 JanuaryI,'_o22 December31,2025 this Agreement is in effect unless either party to the Agreement negotiates a change in the current language. ARTICLE 20.................NO STRIKE CLAUSE 20.1 Per RCW 41.56.120, public employees are not permitted the right to strike or refuse to perform their assigned duties, and Local #{589 shall so counsel its members. 20.2 Any employee violating this article shall be subject to immediate discharge or other disciplinary action as determined appropriate. ARTICLE 21.................DURATION AND NEGOTIATION NOTIFICATION 21.1 This Agreement shall become effective when signed by both the Union and the Employer and remain in full force and effect from January I, 2022 through December 31, 2025. Should either party to this Agreement wish to commence collective bargaining discussion over any changes they wish to introduce into a subsequent agreement, it is agreed that notice of such parry's desire to open collective bargaining discussion should be sent to the other party not more than one hundred and eighty (180) days or less than one hundred and fifty (150) days prior to the termination date of the Agreement, and all efforts will be made to complete negotiations no later than thirty (30) days prior to the termination date, Both parties, after such notice has been given, shall forthwith seek establishment of a meeting for the purpose of discussion and negotiation of desired changes. 21.2 In the event that neither party provides such notice within the time period stated herein, the provisions of this contract shall remain in effect after December 31, 2025 for a period of one (l ) year. ARTICLE 22.................INTERVIEW GUIDELINES 22.1 To ensure internal investigations are conducted in a manner conducive to good order and discipline, and also observe and protect the individual rights of each member of the Department, the following rules are hereby established: 22.2 The interview of any police department member shall be conducted at a reasonable hour, preferably when the member is on duty and/or during daylight hours, unless the urgency of the investigation dictates otherwise. If such interview occurs during off -duty time ofthe member being interviewed, the member shall be compensated for their off -duty time in accordance with call back section. 22.3 The interview shall take place at a location designated by the investigation officer, preferabiy at the Police Department. 22.4 A member of the Police Department shall be advised in writing in the event that person becomes a suspect in an administrative investigation. The member being interviewed shall be informed of the nature of the investigation, and name of all complaining parties before the interview commences. AGREEMENT (POLICE SUPPORT STAFF) PAGE 16 OF 22 CITY OF PORT ORCHARD/TEAMSTERS 9589 January 1,2022 December 31, 2015 22.5 The member being interviewed shall be afforded an opportunity and the necessary facilities to contact a Union attorney prior to commencement of the interview. The member's Union attorney and/or representative of the Union may be present during the interview. Nothing herein shall in any way restrict the rights of the Union attorney and/or representative with the employee during the process of the interview. 22.6 The interview shall be conducted in the most expedient manner consistent with the scope and gravity of the subject matter of the interview. The member shall be permitted reasonable periods to attend to personal necessities. 22.7 The member shall not be subjected to offensive language or intimidation during the process of the interview. No promises or rewards shall be made to the said employee as an inducement to answering questions. When die member is being interviewed in a non -criminal matter for violation of departmental rules, regulations, or orders, that member shall answer truthfully all questions concerning the investigation posed to the member by the interviewing officer. When the member refuses to answer such questions, they will be informed that their refusal to answer can become the subject for disciplinary action in accordance with department policy governing disciplinary action. 22.8 A member covered by this Agreement shall not be required to take a lie detector test or voice stress analysis as part of the interview process. 22.9 Nothing contained in any of the above guidelines shall restrict and/or limit the authority of the Chief of Police in the performance of their duties and responsibilities. 22.10 No tape recording will be made of the interview without prior advisement. There will be no off- the-record questions during a recorded interview unless both parties agree. if a tape recording is made of the interview, the member shall be provided a copy, if requested, without cost. 22A l When the member being interviewed is under arrest, or is likely to be placed under arrest as a result of the interview, that person shall be informed of their Constitutional Rights (Miranda) prior to commencement of the interview. The member may request a postponement of the initial interview to contact an attomey. The interview may not be postponed more than twenty-four (24) hours with allowances being made for weekends and holidays. ARTICLE 23.................EDUCATIONAL INCENTIVE PAY 23.1 Police Support Staff, with the exception of Community Health Navigator, shall be eligible to receive the educational incentive pay of 1% of base pay per hour. The staff member must; (I ) Have an associate degree from an accredited college or university in an eligible course of study, or To receive the educational incentive pay of 2%of base pay per hour, the Police Support Staff member, with the exception of Community Health Navigator, must: (2) Have a bachelor's degree from an accredited college or university in an eligible course of study. The member must provide an official transcript and diploma. AGREEMENT (POLICE SUPPORT STAFF) PAGE 17 OF 22 CITY OF PORT ORCHARD/TEAMSTERS 9589 January I, 2022 December31, 2025 IN WITNESS WHEREOF, the parties hereto have set their hands on thisal¢day of 'heeenibei- 204. CITY OF PORT ORCHARD TEAMSTERS LOCAL #589 ROBERT PUTAANSUU, MAYOR MARK FULLER, SECRETARY TREASURER ATTEST: randy inearson, City Clerk AGREEMENT (POLICE SUPPORT STAFF) PAGE 18 OF 22 CITY OF PORT ORCHARD,'TEAMSTERS #589 January 1, 2022 December 31, 2025 LIU-aQil7��:yi TO THE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Police Support Staff) January 1, 2022 through December 31, 2025 Rates of pay shall be as follows: Effective the first full pay period after January I, 2022, or the first full pay period following ratification of this Agreement by both parties, whichever occurs later, base wages shall be increased by 5% and are represented below. Step Years Police Services Coordinator Community Health Navigator Police Records - Evidence Specialist 7 5 years 39.59 40.40 29.58 6 4 years 38.42 39.43 28.71 5 3 years 37,31 38.46 27.88 4 2 years 36.21 37.52 27.06 3 1 year 35.18 36.60 26,28 2 6 months 1 34.13 35.72 25.52 I Starting Pay 33.14 34.85 24.78 Effective the first full pay cycle after January f, 2023 base wages shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982- 1984=100) for the Seattle -Tacoma -Bellevue area for that period from June, 2021 to June, 2022, as is speci Pied by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than one percent (1 %) nor more than four percent (4%). Effective the first full pay cycle after January 1, 2024 base wages shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982- 1984=100) for the Seattle -Tacoma -Bellevue area for that period from June, 2022 to June, 2023, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than one percent (1 %) nor more than four percent (4%) Effective the first full pay cycle after January 1, 2025 base wages shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982- AGREEMENT (POLICE SUPPORT STAFF) PAGE 19 OF ?2 CITY OF PORT ORCHARD/TEAMSTERS 0589 January 1, 2022 December31, 2025 1994-100) for the Seattle -Tacoma -Bellevue area for that period from June, 2023 to June, 2024, as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than one percent (1%) nor more than five percent (5%). AGREEMENT (POLICE SUPPORT STAFF) PAGE 20 OF 22 CITY OF PORT ORCHARD TEAMSTERS r589 January 1, 2022 - Deccmber 31, 2025 APPENDIX "B" TO THE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Police Support Staff Employees) Medical Renefits for Full -Time or Part -Time Employees working an average of 30 or more hours per week: Employee Premiums for AWC Medical Insurance Plans Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction as shown in the table below. Half of the employee's portion shall be deducted from the first paycheck in the month and half shall be deducted from the last paycheck in the month. The employees' share of the monthly premium shall be based on a numeric percentage of the total cost orthe monthly premium for the subject plan (including the cost to insure dependents, if applicable). Plan Name Employee Portion of Monthly Premium Employer Portion of Monthly Premium AWC HealthFirst250 10% 90% AWC Kaiser Permanents 200 10% 90% AWC Re ence High Deductible 00/0 100% AWC Kaiser Permanent High Deductible 0% 100% Part-time employees working an average of less than 30 hours per week will be provided medical insurance in accordance with Article 16.4 of this Agreement. AGREEMENT (POLICE SUPPORT STAFF) PAGE 21 OF 22 CITY OF PORT ORCHARD TEAMSTERS ,s589 January I, 2022 December 31, 2025 HRANEBA: Effective the first full pay period after January 1, 2022, or the first full pay period after ratification of this Agreement by both parties, if later, the following contributions shall be made: For those full -lime or part-time employees working an average of 30 hours or more per week who are offered and enroll in one of the medical plans listed in this Appendix, the employer shall contribute to the employee's HRA VEBA account for each covered month the amount as shown below. The employee shall be responsible for all fees charged by FIRAVEBA for their respective account. AWC Health First 250 AWC Regence High Deductible Plan AWC Kaiser Permanente 200 AWC Kaiser Permanente High Deductible Plan Employee Only 35.00 100.0_0_ 30.00 50.00 Employee + Spouse 55.00 200.00 60.00 100.00 Employee, Spouse, 1 Dependent 75.00 300.00 65.00 150.00 Em 1p oyee, Skause, 2 or more Dependents 80.00 400.00 80.00 200.00 Em lovee and 1 Dependent 55.00 200.00 60.00 100.00 Emplo ewe and 2 or more Dependents 75.00 300.00 65.00 150.00 Well City Incentive Program: For those eligible employees who are offered and enroll in an AWC medical insurance plan: The City participates in the AWC Well City Wellness Program. Each year AWC awards a discount off medical premiums for cities that participate and receive the Wellness Award. The City encourages employees to participate in wellness activity throughout the year to promote health and wellness. Those employees who are enrolled on an A WC medical insurance plan through the Employer as of December 31 of the year for which the Well City award is based will be eligible for a wellness incentive bonus to be deposited to their established HRA VEBA accounts. (For example, an employee enrolled in AWC medical insurance an December 31, 2021, is eligible for the incentive paid in 2022 provided that the City earns the Well City Award.) The employee shall be responsible for all fees charged by HRA VEBA for their respective account. The employer shall deposit $100 for each eligible employee as described above on an annual basis. Well City Incentive payments will be paid to employees who remain employed on the day the payment is paid. AGREEMENT (POLICE SUPPORT STAFF) PAGE 22 OF 22 CITY OF PORT 0RCHARD!TEAMSTERS ff589 January 1, 2022 - December31, 2025 Memorandum of Understanding Amended to the AGREEMENT by and between CITY Of PORT ORCHARD. WASHINGTON and TEAMSTERS LOCAL NO. 589 (Representing the Police Support Staff dated January 1, 2022 through December 31. 2025 TI-IIS AMENDMENT is supplemental to the COLLECTIVE BARGAINING AGREEMENT by and between the CITY OF PORT ORCHARD. WASHINGTON (the "City") and the TEAMSTERS LOCAL NO. 589 (the "Union") (representing Police Support Staff). dated January I.2022 through December 31. 2025. WHEREAS, the 2022-2025 collective bargaining agreement between the parties provides for bi-weekly deductions ofthe employee's portion of insurance premiums: and WHEREAS. the City pays bi-weekly, resulting in 26 paychecks in a typical year. which means in some months employees receive three paychecks: and WHEREAS, insurance premiums are set up by the payroll system to be deducted evenly between two paychecks each month; and WHEREAS, the City desires to clarify contract language to align deductions with payroll's desired bi-weekly deduction schedule; NOW THEREFORE. the City and the Union agree as follows: On the effective date of this MOU. Appendix B of the collective bargaining agreement (" CBA") between the City and the Union representing Police Support Staff shall be modified as follo%%s: Employee Premiums for AWC Medical Insurance Plans Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction as shown in the table below. Half of the employee's portion shall be deducted from the fimtcach paycheck in the month. AR4 ha' shall he deducted 1�om the last Maheeic'm the -nnnih. In months with three (3) paychecks, the deductions will be taken from the second and third checks in the month. In the case of new employees or changes to the number or types of family members insured additional deductions may occur to "catch up" on premiums owed bN the employee The employees' share of the monthly premium shall be based on a numeric percentage of the total cost of the monthly premium for the subject plan (including the cost to insure dependents, if applicable). 2. 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 Robert Putaansuu Mayor 3 12,3 IZZ Date TEAMSTERS LOCA #589 ar Fuller Secretary Treasurer Vxlo?cR Date