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087-22 - Port Orchard Police Guild-Sergeants - Supplement / Change Order MOU #2MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE PORT ORCHARD POLICE GUILD (REPRESENTING THE SERGEANT EMPLOYEES) It is understood and agreed that the City of Port Orchard (City) and Port Orchard Police Guild representing the Sergeant Employees (Guild) enter into the following Memorandum of Understanding (MOU) related to the voluntary demotion of an employee from a non -represented position into a position represented by the bargaining unit. WHEREAS, the City's current Deputy Chief has expressed an interest in voluntarily demoting out of the position; and WHEREAS, the City has reviewed the staffing needs of the department and has created an additional Sergeant position within the department; and WHEREAS, employees in the position of Sergeant are covered under the Guild contract; and WHEREAS, the Guild contract addresses the handling of pay and paid leaves upon employment from the City; and WHEREAS, the Guild contract is silent on the handling of pay and paid leaves in the event of a transfer of a higher ranking employee voluntarily demoting into a position that is part of the bargaining unit; and WHEREAS, both parties wish to address these topics for this employee only; NOW THEREFORE, the City and the Guild have entered into this non-precedential Memorandum of Understanding ("MOU") to handle the pay and leave banks of Donna Main upon voluntary demotion to the position of Sergeant on August 28, 2022, as follows: 1. Starting Pay. Ms. Main will be placed on the pay scale provided for in the collective bargaining agreement ("CBA") based on Ms. Main's years of experience as a Sergeant with the City of Port Orchard, which is, in the 2022-2024 CBA, $53.95 per hour, plus any longevity pay, based on Ms. Main's original hire date with the City, plus the applicable percentage for Ms. Main's bachelor's degree for as provided for in the CBA. 2. Sick Leave. All accrued but unused sick leave as of August 27, 2022, will be placed into Ms. Main's sick leave bank as of her first day as a Sergeant. a. Upon Ms. Main's separation of employment from the City of Port Orchard, and/or promotion or demotion out of this bargaining unit, Ms. Main will be eligible for the cashout of accrued but unused sick leave as cash or any type of payment (i.e. HRA VEBA) that may be part of the CBA between the parties applicable at the time minus $21,580.00 which is the dollar value of the cash out she received upon her promotion from Sergeant to Deputy Chief. Voluntary Demotion of Donna Main MOU Page 2 3. Holiday Leave. Ms. Main will accrue holiday leave in accordance with the CBA. a. Ms. Main's "personal holiday" leave that has been accrued but remains unused as a non -represented employee, will be rolled over into her "police holiday" leave bank. 4. Vacation Leave. All accrued but unused vacation leave as of August 27, 2022, will be placed into Ms. Main's vacation leave bank as of her first day as a Sergeant. 5. Seniori . Ms. Main's seniority will revert back to her status as of her last day of employment as a Sergeant, January 2, 2021, and continue in accordance with past practice with her return to the Sergeant position on August 28, 2022. 6. Anniversary date. For purposes of application of the wages and benefits of the CBA, Ms. Main's Anniversary Date will be her original hire date of September 28, 2009. 7. Health Insurance. Ms. Main will be offered health insurance in accordance with the terms of the CBA, which will necessitate a change in medical insurance providers effective September 1, 2022. 8. Waiver. Nothing in this MOU shall be construed in a manner that implies or effectuates a waiver of rights by the Guild to bargain future contract language to resolve ambiguity or silence in the applicable collective bargaining agreement relative to the seniority and voluntary demotion rights of current or future members. All other terms of the CBA, amendments and MOUs, remain the same for the duration of the CBA. PORT ORCHARD POLICE GUILD y An y Brandon, President k11/ZCL z Date CITY OF PORT ORCHARD Robert Putaansuu, Mayor _ t I o%Z., Date