052-19 - Ordinance - Agreed Modification in the Collective Bargaining Agreements with Police GuildoRDtNANCE NO. O52-t9
AN ORD NANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE AGREED MOD FICATION OF A PROVISION CONTAINED
IN BOTH THE CITY'S COLLECTIVE BARGAINING AGREEMENTS WITH THE
POL CE GUILD REPRESENT NG PATROL OFFICERS AND THE POt CE GUILD
REPRESENTING SERGEANTS; PROVIDING FOR SEVERAB tlTY AND
PUBL CATION; AND SETTING AN EFFECT VE DATE.
WHEREAS, Washington state adopted a new paid sick Ieave Iaw effective January L,2OL8,
which has been interpreted to disallow employment policies that may act to penalize an
employee for the use of paid sick leave; and
WHEREAS, City staff has determined that a provision in the two Port Orchard Police
Guild ("Guild") collective bargaining agreements ("CBAs") could be interpreted to be such a
penalty, and the parties have agreed to update the CBAs to address this potential issue; and
WHEREAS, during negotiations, the parties did not update the Guild CBAs to reflect the
current City policy of allowing employees who serve on jury duty to keep their daily jury duty pay;
and
WHEREAS, the City desires to make the contracts consistent with City policy, and the
parties have agreed to update the CBAs to address this issue; and
WHEREAS, the City and the Guild are in agreement that the proposed revisions to the
CBAs are in the best interest of both parties; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASH NGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby authorizes the Mayor Pro-Tem to sign a
Memorandum of Understanding with the Police Guild representing the Patrol Officer Employees
to modifythe language of Article L0.7.2 and Article 14.1 of the 2OL9-2O2L collective bargaining
agreement to reflect the language as presented in the Memorandum of Understanding which is
attached hereto as Exhibit A.
SECTION 2. The Ci ty Council hereby authorizes the Mayor Pro-Tem to sign a
Memorandum of Understanding with the Police Guild representing the Sergeant Employees to
modify the language of Article LO.7.2 and Article 14.1 of the 2019-2O2L collective bargaining
agreement to reflect the language as presented in the Memorandum of Understanding which is
attached hereto as Exhibit B.
Ordinance No. 052-19
Page 2 of 2
Severabilitv. lf any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECT ON 4. Publication.This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effective Date. This Ordinance shalltake effect and be in full force and effect
five days after publication, as provided by Iaw.
PASSED bythe City Council of the City of Port Orchard, APPROVED bythe Mayor Pro-Tem
and attested by the Clerk in authentication of such passage this 12th day of November 2019.
Bek Ashby, Mayor Pro-Tem
ATTEST:SPONSOR:
Brandy Rinearsor, MMC, City Clerk J n Clauson,uncilmember
APPROVED AS TO FORM:
Cates, City Attorney rl
PU BLISH ED:
EFFECTIVE DATE:
Novemb er 22, 2OL9
Novemb er 27 , 2Ot9
Memorandum of Understanding
Amended to the AGREEMENT by and between
CITY OF PORT ORCT{ARD, WASHINGTON
and
PORT ORCHARD POLICE GUILD
(Representing Patrol Officer Employees) dated
January I .2019 through December 3 1,2021
THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF
PORT ORCHARD. WASHINGTON (the "City") and the PORT ORCHARD POLICE
GUILD (the "Guild") (representing Patrol Officer Employees), dated January l,2Ol9 through
December 31. 2021.
WHEREAS, on January l. 201 8, a paid sick leave law went into effect for employers
in the state of Washington; and
WHEREAS, the City provides for sick leave accrual in an amount greater than the
minimum required by state law; and
WHEREAS, the sick leave law has been interpreted to disallow employment policies that
may act to penalizr an employee for the use of paid sick leave; and
WHEREAS. the current contract language in 10.7.2 may be interpreted to negatively
impact an employee using protected paid sick leave made available under the state law; and
WHEREAS. RCW 2.36.150 provides that payments received by jurors from the court for
each day's attendance constitute "expense payments"; and
WHEREAS, the City had previously adopted a City policy providing that employees who
receive such jury duty "expense payments" may keep the payment check; and
WHEREAS, the City did not make this administrative correction during contract
negotiations to establish a consistent practice across the City;
NOW THEREFORE. the Ciqv and the Guild have entered into this Memorandum of
Understanding ("MOU") to revise Article 10-7.2 and 14.1 of the contract to read as follow's:
10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3
above), the employee must work his/trer regularly scheduled shift
immediately preceding, or immediately following, the shift worked on the
subject holiday, unless the employee is on sick leave or other protected
leave during such shift.
l4.l CIVIL LEAVE - Any necessary leave may be allowed by the Director of a
Department to permit any employee to serve as a member of a jury. Each
employee who is granted such leave and who, for the perforrnance of the
j.,.y duties involved received any compensation shall b€ paid by the
Employer for the time he/she is absent The City does not require employees
to remit payments for jury duty service to the City, including for periods of
paid leave.
PORT ORCHARD POLICE GUILD
Date
CITY OF PORT ORCTIARD
Ashby, Mayor
I
Date
{,l_
Memorandum of Understanding
Amended to the AGREEMENT by and between
CITY OF PORT ORCHARD, WASHTNGTON
and
PORT ORCHARD POLICE GUILD
(Representing Sergeant Employees) dated
January l. 2019 through December 31,2021
THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF
PORT ORCHARD. WASHINGTON (the "City") and the PORT ORCHARD POLICE
GUILD (the "Guild") (representing Sergeant Employees), dated January 1,2019 through
December 3l ,2021 .
WHEREAS, on January l,2Ol8, a paid sick leave law went into effect for employers
in the state of Washington; and
WHEREAS, the City provides for sick leave accrual in an amount greater than the
minimum required by state law; and
WHEREAS. the sick leave law has been interpreted to disallow employment policies that
may act to penalize an employee for the use of paid sick leave; and
WHEREAS. the current contract language in 10.7.2 may be interpreted to negatively
impact an employee using protected paid sick leave made available under the state law; and
WHEREAS, RCW 2.36.150 provides that payments received by jurors from the court for
each day's attendance constitute "expense payments", and
WHEREAS, the City had previously adopted a City policy providing that employees who
receive such jury duty "expens€ payments" may keep the payment check; and
WHEREAS, the City did not make this administrative correction during contract
negotiations to establish a consistent practice across the City;
NOW THEREFORE, the City and the Guild have entered into this Memorandum of
Understanding ("MOU") to revise Article 10.7.2 and l4.l of the contract to read as follows:
10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3
above), the employee must work his/trer regularly scheduled shift
immediately preceding, or immediately following, the shift worked on the
subject holiday, unless the employee is on sick leave or other protected
leave during such shift.
l4.l CNIL LEAVE - Any nec€ssary leave may be allowed by the Directorof a
Department to permit any employee to serve as a member of a jury. Each
employee who is granted such leave and who, for the perforrnance of the
jury duties involved received any compensation shall be paid by the
Employer for the time he/she is absent. The City does not require employees
to remit payments forjury duty service to the City, including forperiods of
paid leave.
POR'[ ORCHARD POLICE GUILD
Nathan
I
Date
OF PORT ORCHARD
Ashby. Mayor Pro-Tem
ll- l3-t
Date
e_
CITY
1