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HomeMy WebLinkAbout089-26 - Port Orchard Police Prof. Support Guild - ContractDocusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF AGREEMENT By and Between City of Port Orchard, Washington and Port Orchard Police Professional Support Guild Date of Ratification by Both Parties through December 31, 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF TABLE OF CONTENTS to the AGREEMENT By and Between City of Port Orchard and Port Orchard Police Professional Support Guild Date of ratification by both parties through December 31, 2028 ARTICLE TITLE PAGE ARTICLE 1 ----EXCLUSIVE BARGAINING REPRESENTATIVE ------------- 3 ARTICLE 2 ----NONDISCRIMINATION---------------------------------------------------------------------- 3 ARTICLE 3 ----GUILD SECURITY----------------------------------------------------------------------------- 3 ARTICLE 4 ----RIGHTS OF MANAGEMENT---------------------------------------------------------------- 4 ARTICLE 5 ----GUILD AND EMPLOYEE'S RIGHTS -------------------------------------------------------5 ARTICLE 6 ----DISCHARGE & SUSPENSION--------------------------------------------------------------- 6 ARTICLE 7 ----GRIEVANCE & ARBITRATION------------------------------------------------------------ 6 ARTICLE 8 ----HOURS OF WORK AND WORKING CONDITIONS ----------------------------------- 7 ARTICLE 9 ----WAGES, LONGEVITY PAY------------------------------------------------------------------ 9 ARTICLE 10 ---DEFINITIONS---------------------------------------------------------------------------------- 10 ARTICLE 11---HOLIDAYS ------------------------------------------------------------------------------------- 10 ARTICLE 12 ---VACATIONS----------------------------------------------------------------------------------- 11 ARTICLE 13 ---SICK LEAVE----------------------------------------------------------------------------------- 12 ARTICLE 14---BEREAVEMENT------------------------------------------------------------------------------ 13 ARTICLE 15 ---LEAVES OF ABSENCE--------------------------------------------------------------------- 14 ARTICLE 16 ---HEALTH AND WELFARE------------------------------------------------------------------ 14 ARTICLE 17 ---NO REDUCTION IN BENEFITS----------------------------------------------------------- 16 ARTICLE 18 ---CLOTHING------------------------------------------------------------------------------------- 16 ARTICLE 19 ---SAVINGS CLAUSE--------------------------------------------------------------------------- 16 ARTICLE 20 ---NO STRIKE CLAUSE------------------------------------------------------------------------ 16 ARTICLE 21 ---DURATION AND NEGOTIATION NOTIFICATION --------------------------------- 17 ARTICLE 22 ---INTERVIEW GUIDELINES----------------------------------------------------------------- 17 ARTICLE 23 ---EDUCATIONAL INCENTIVE PAY -------------------------------------------------------18 APPENDIX"A" ---------------------------------------------------------------------------------------------------- 19 APPENDIX`B" -------------------------------------------------------------------------------------------------- 21 Agreement Page 2 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND PORT ORCHARD POLICE PROFESSIONAL SUPPORT GUILD Date of Ratification by both parties through December 31, 2028 PREAMBLE THIS AGREEMENT is entered into by the CITY OF PORT ORCHARD, WASHINGTON, hereinafter the "Employer" or "City", and PORT ORCHARD POLICE PROFESSIONAL SUPPORT GUILD, hereinafter the "Guild". ARTICLE 1...................EXCLUSIVE BARGAINING REPRESENTATIVE 1.1 The Employer recognizes the Guild as the exclusive bargaining representative for all employee classifications as found in Appendix "A". This Agreement does not cover temporary employees, supervisors, department directors and any other City job classifications not listed in Appendix "A". ARTICLE 2...................NONDISCRIMINATION 2.1 The Employer and the Guild 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...................GUILD SECURITY 3.1 Employees have the right to become a member of the Guild. The Guild shall provide the Employer written notice of amount of dues to collect thirty (30) days in advance of the collection date. The Employer agrees to deduct dues from employees who voluntarily authorize the deductions according to RCW 41.56.061. An employee seeking to revoke authorization for deductions shall submit the request in writing to the Guild. Upon transmission of dues to the Guild, the Employer's responsibility shall cease with respect to such deductions and the Guild shall indemnify and hold the Employer harmless from any claims, demands, suits, or other forms of liability relating to this paragraph. An employee on unpaid leave shall not be required to pay dues. 3.2 The Guild will keep the Employer informed of its current officers. Any changes will be communicated to the Employer in writing within two (2) weeks. Agreement Page 3 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 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, including the right to hire, evaluate qualifications, evaluate skill and ability, promote, demote, suspend, layoff, and discipline or discharge non -probationary employees for just 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 Guild 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 Guild 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; (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; Agreement Page 4 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF (15) The determination of the number of classifications 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. Upon mutual agreement between the Chief of Police and the Guild, the probationary period may be extended. The Guild will respond to a request for extension within five (5) calendar days. After twelve (12) months or upon completion of probation, whichever occurs first, 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, without recourse to the grievance procedure. 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 provided it is vacant. In the event an employee is found to be unacceptable in the new classification during the probationary period, the employee and the Guild 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...................GUILD AND EMPLOYEE'S RIGHTS 5.1 Duly authorized Guild Representatives shall be permitted access to the properties of the Employer at reasonable times for the purpose of observing working conditions and transacting Guild business; provided, however, that the Guild 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 Guild notices which shall be signed by a responsible agent of the Guild. 5.3 Guild activities (except labor negotiations, loudermill meetings, and grievance meetings with the Employer) shall not be carried on during working hours. Labor negotiations shall occur at mutually convenient times. The one (1) participating employee involved in labor negotiations shall be in a paid status during normal working hours, unless the Employer, in its sole discretion, decides otherwise. A second representative may attend labor negotiations as scheduling/workload permits, provided that the names of the two employee representatives are provided to the Employer in advance of negotiations. The two (2) participating employees involved in Labor Management Committee meetings shall be in a paid status during normal working hours, unless the Employer, in its sole discretion, decides otherwise. Agreement Page 5 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 5.4 No employee shall be unlawfully discriminated against for upholding Guild contract provisions and any person who works under the instructions of the Guild 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 of department 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 Guild 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. 6.3 The City reserves the right to place an employee on paid administrative leave pending the outcome of an investigation or for other legitimate operational reasons. Paid administrative leave is non - disciplinary. 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 fifteen (15) 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. If the discipline is termination, the Guild may begin with Step 2 of the grievance process. 7.3 Step 2. If the employee(s) or the Guild Representative is/are not satisfied with the Step 1 response, the grievance may be presented in writing within fifteen (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. If the discipline is termination, the Guild may begin with Step 2 of the grievance process. 7.4 Step 3. If the employee(s) or the Guild 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 Guild is not satisfied with the Step 3 response, the Guild 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 Agreement Page 6 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 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 maybe filed under the grievance procedure in this Article 7 and under the Port Orchard Civil Service Commission appeal procedures. The Guild, 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 of this 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 8.1 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 Chief of 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. Compensable hours in excess of forty (40) 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 (1'/2) hours for each hour of overtime. Overtime may be accrued as compensatory time up to a maximum compensatory time accrual of forty (40) hours. Any accrued and unused compensatory time shall be paid out each year in the first paycheck of December. Upon separation from employment for any reason, accrued and unused compensatory time shall be paid out at the employee's rate of pay at the time of separation. Scheduling of time to use the compensatory time shall be subject to approval of the employees' supervisor. Compensatory time will not be 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 not 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. Employees working a part-time shift are provided one 15 -minute paid rest Agreement Page 7 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF period for each four (4) hours worked. Employees are not permitted to use rest periods to arrive late or leave early without permission from a supervisor. 8.4.2 MEAL BREAKS — Employees are provided one thirty -minute unpaid meal break for each regular work shift that is longer than five (5) consecutive hours. Timing of meal breaks is dependent on operational need. Requests to work through a meal break must be approved in advance by management. The Employer and the Union agree that all employees covered by this Agreement waive all meal breaks they are otherwise entitled to take, and all employees covered by this Agreement will work straight shifts with no meal breaks. 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. 1st - 30th calendar days: no additional pay 31st calendar day or more: the assigned employee shall be compensated $20 for each day the employee was assigned to work out of class. Out of class pay is not paid for holidays or weekends or other non -work days unless the employee assigned Out of Class responsibility is working a full day (e.g. eight hours) in that capacity, typically at the overtime rate of pay, and performing the duties of the higher level position. 8.7 CALL BACK — 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 one (1) hour of the start of their regular shift. 8.8 CITY HALL CLOSURE DUE TO INCLEMENT WEATHER OR STATE OF EMERGENCY. 8.8.1 City Hall is Closed to the Public and Closed to Employees. If at any time, the Mayor or designee closes City Hall to the public and to employees 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 on site (and/or at the Emergency Operations Center) by the Chief or designee shall be paid double time for the hours worked. Employees who are assigned to work remotely by the Chief or designee shall be paid their straight time rate for the hours worked. 8.8.2 City Hall is Closed to the Public But Remains Open for Employees to Work. The Mayor or designee may close City Hall to the public due to inclement weather or a state of emergency but keep City Hall open for employees to work. In such situations, at the discretion of the Chief of Police, or designee, non -probationary employees may be permitted to work remotely to meet the needs of the department. When, at the Chief, or designee's discretion, staff is required on site, staff members may be given the opportunity to volunteer to be assigned to work at City Hall. If no employee volunteers or additional employees are needed, employees required to report to or remain at work will generally be Agreement Page 8 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF assigned to work in inverse order of seniority on a rotational basis. The frequency of rotation will be per day unless otherwise agreed upon. Hours worked will be paid at straight time. Employees not working remotely and not reporting to or remaining at the office will take available paid leave for the unworked hours. Probationary employees may be permitted to telecommute on a case -by -case basis at the discretion of the Chief, or designee. All authorized remote work will be in accordance with the City's established policies related to telecommuting. 8.8.3 The term "City Hall" for the purposes of Article 8.7 applies to any City facility which is a regularly established workplace for employees. In the event that one City facility is closed, but others remain open, every attempt will be made to relocate staff to alternate facilities, locations or remote work. Such reassignments of work location do not activate the pay provisions outlined above and employees will receive their straight time pay for hours worked. 8.9 TELEPHONE CALLS - Employees required to work remotely outside their regular shift without reporting for duty (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. 8.10 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. 8.11 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 former position, 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 parties will discuss the impact of the furloughs and enter into an appropriate and agreed Memorandum of Understanding. ARTICLE 9 ................... WAGES, LONGEVITY PAY 9.1 All 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. Agreement Page 9 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 9.2 After 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. 9.3 BILINGUAL PREMIUM — An employee who is fluent in Spanish, Tagalog, Korean, and/or American Sign Language will receive a 2% premium of their base pay once certified as fluent by the Employer. The Employer will determine the fluency certification requirement. 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. 10.4 .....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 I1 ................. HOLIDAYS 11.1 All full-time employees shall be entitled to eight (8) hours of pay for the following holidays: 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 nineteenth day of June, commonly known as Juneteenth; 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. Employees who are on unpaid leave on their normal workday immediately preceding and their normal workday immediately following the holiday are not eligible for holiday pay unless otherwise required by law. 11.2 All employees shall receive sixteen (16) hours of personal holidays each year to be used by the employee upon request and approval of their supervisor or as required by law. If the employee begins employment between July 1 and November 30, then the employee shall only receive eight (8) hours of personal holiday in the year of hire. If the employee begins employment after November 30, the employee is not eligible for personal holiday hours for the year of hire. Part-time Agreement Page 10 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF employees will receive a pro -rata portion of hours for holidays provided for in this section based on the FTE percentage for the position as shown in the personnel table in the budget adopted by the City Council. Temporary employees are not eligible for personal holidays. The personal holidays must be taken during the calendar year or entitlement to that day will lapse. Personal holidays have no cash value. 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 VACATIONS 12.1 VACATION ACCRUAL 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 1: 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 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 Vacation Accrual. The total Base Vacation Accrual plus Bonus Vacation Accrual shall not exceed 240 hours for each year of employment. Effective the second full pay period after ratification of this agreement by both parties, all accrued leave, including bonus vacation leave earned but not yet available, will be added to the employee's leave bank and vacation shall accrue at the rates below per regular paid straight time hour (excluding overtime and leave cash out): Max Max Employment Months of Accrual accrual Employment Months of Accrual accrual per Year employment Rate per pay Year employment Rate pay period period 1 0-11 0.0385 3.08 11 120-131 0.0808 6.46 2 12-23 0.0423 3.38 12 132-143 0.0846 6.77 3 24-35 0.0500 4.00 13 144-155 0.0885 7.08 4 36-47 0.0538 4.30 14 156-167 0.0923 7.38 5 48-59 0.0577 4.62 15 168-179 0.0962 7.70 6 60-71 0.0615 4.92 16 180-191 0.1000 8.00 Agreement Page 11 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 7 72-83 0.0654 5.23 17 192-203 0.1038 8.30 8 84-95 0.0692 5.54 18 204-215 0.1077 8.62 9 96-107 0.0731 5.85 19 216-227 0.1115 8.92 10 108-119 0.0769 6.15 20 or more 228 plus 0.1154 9.23 12.2 An employee, as defined herein, shall receive 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 fourteen (14) calendar days' notice of such termination before being entitled to receive such pay. Upon date of termination the employee shall receive compensation for all bonus vacation leave, if applicable, prorated from the last anniversary date. 12.3 Holidays observed during an employee's vacation period shall not be counted as vacation leave taken. 12.4 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 for the unused hours effective December 31. No employee shall be eligible to receive this cash payment, however, for any vacation leave which was not previously scheduled prior to December 1 st. 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. 12.5 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 annual calendar year carry over amount applicable to the new position, whichever is higher. ARTICLE 13 .................SICK SICK LEAVE 13.1 All full-time and part-time employees shall be entitled to use accrued sick leave in accordance with the Employer's policies. 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 The need to use sick leave shall be reported by the employee as soon as practicable and no later than 30 minutes prior to the beginning of the scheduled work shift to the supervisor in accordance with department policy. 13.3 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. Agreement Page 12 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 13.5 At the option of the 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 no/100 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 -loss 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 time - loss payments. 13.7.1 If an employee is injured on the job and seeks emergency medical treatment during the work shift when the injury occurs, the City will release the employee for the remainder of that one work shift with paid administrative leave, unless they are cleared to return to duty. Release from work with paid administrative leave as a result of an on-the-job injury is limited to the shift on the day of the injury and will not be paid if medical treatment is provided on a non -emergency basis (e.g. a pre -scheduled medical appointment). 13.8 WASHINGTON STATE FAMILY AND MEDICAL LEAVE PROGRAM — Employees are eligible for paid family and medical leave consistent with RCW 50A.04.115, 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 not covered by this Agreement, the employee may roll over accrued and unused sick leave up to the annual calendar year carry over amount applicable to the new position. 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 of the Chief of Police or designee. The Chief of Police or designee may require verification of the death, and identification of the family member's relationship to employee. For travel out of state an employee shall receive, subject to the approval of the Chief of Police or designee, an additional sixteen (16) hours of paid bereavement leave. Part-time employees will receive a pro -rata amount of bereavement leave. Agreement Page 13 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 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), and both the employee's and the spouse's/domestic partner's child, step -child, grandchild, child's spouse, sibling, parent, grandparent, parent's sibling or parent's sibling's spouse, sibling's children, 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 or designee, 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 15.3 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 Chief of 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 civil 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, unless otherwise prohibited by law, 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 unless otherwise provided for elsewhere in this Agreement or required by law, 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. 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. Agreement Page 14 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 16.2 DENTAL COVERAGE - Effective the first day of the month following ratification by both parties, the Employer shall purchase Dental Plan "F" and Ortho Plan II through the Association of Washington Cities (AWC), for the employee, spouse and dependents for employees working an average of twenty-eight (28) or more hours a week. 16.3 VISION COVERAGE — Effective the first day of the month following ratification by both parties, the Employer shall purchase Vision Services Plan (VSP) $10 Copay Plan with a Second Pair rider through the Association of Washington Cities (AWC), for the employee, spouse and dependents for employees working an average of twenty-eight (28) or more hours a week. 16.4 MEDICAL BENEFITS FOR PART-TIME EMPLOYEES WORKING 20 HOURS A WEEK OR MORE AND AN AVERAGE OF LESS THAN 30 HOURS PER WEEK — Subject to the remaining terms 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 the 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. 16.6 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 Guild 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 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. 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 Agreement Page 15 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 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 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.................CLOTHING 18.1 The Employer may provide City or department logo'd apparel, except shoes, in accordance with City policies as deemed necessary by the Chief of Police. Employees must submit to the Employer's decisions. 18.2 All clothing and equipment so furnished shall remain the Employer's property. 18.3 Management retains the right to determine what, if any, Employer purchased clothing items are worn. ARTICLE 19 ................SAVINGS SAVINGS CLAUSE 19.1 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 shall remain in full force and effect for the duration of this Agreement. The Employer and the Guild 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 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 41.56.041, public employees are not permitted the right to strike or refuse to perform their assigned duties, and the Guild 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. Agreement Page 16 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF ARTICLE 21.................DURATION AND NEGOTIATION NOTIFICATION 21.1 This Agreement shall become effective when ratified by both parties and remain in full force and effect through December 31, 2028. 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 party'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, 2028 for a period of one (1) 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 of the 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, preferably 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 shall receive the notice not less than forty- eight (48) hours before conducting the interview. The member being interviewed shall be informed of the nature of the investigation, and name of all complaining parties before the interview commences. 22.5 The member being interviewed shall be afforded an opportunity and the necessary facilities to contact a Guild attorney prior to commencement of the interview. The member's Guild attorney and/or representative of the Guild may be present during 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 the member is being interviewed in a non -criminal matter for violation of departmental rules, regulations, or orders, that member shall answer truthfully all questions Agreement Page 17 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF 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 The complete interview of an employee may be recorded by the Employer or the employee, and/or either party's representative. If a recording is made of the questioning, the party making the recording shall provide a copy of the recording (or a transcript of the recording, if made) to the other party upon request. By operation of this Agreement, all participants to the interview will be deemed to have already consented to being recorded ARTICLE 23.................EDUCATIONAL INCENTIVE PAY 23.1 Employees shall be eligible to receive the educational incentive pay of 1% of base pay per hour. The employee must: (1) 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 employee must: (2) Have a bachelor's degree from an accredited college or university in an eligible course of study. The employee must provide either an official transcript or a copy of their diploma. 23.2 Educational incentive pay becomes effective the first full pay period after human resources receives the supporting documentation. IN WITNESS WHEREOF, the parties hereto have set their hands on this a day of September 2026. CITY OF PORT ORCHARD Signed by: leot �uaa�n stun Robert Putaansuu, Mayor ATTEST: Signed by: Brandy Wallace, City Clerk PORT ORCHARD POLICE PROFESSIONAL SUPPORT GUILD Signed by: D€C2424432 Kathie Thoma, President Agreement Page 18 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF APPENDIX "A" TO THE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND PORT ORCHARD POLICE PROFESSIONAL SUPPORT GUILD Date of Ratification by Both Parties through December 31, 2028 Employees are eligible to move from Step 1 to Step 2 after six months of employment. An employee moving from Step 1 to Step 2 after six months will be eligible to move from Step 2 to Step 3 after completion of another six months of employment. In all other cases, employees will work 12 months at each step before being eligible to advance to the next step until the top of the scale is reached. If, based on qualifications and experience on a year-to-year basis, a newly hired employee is placed above step 1, all of that employee's future steps are 12 months. New employees may be placed up to Step 6 on the pay scale. Rates of pay shall be as follows: Effective on the date of ratification of this Agreement by the Port Orchard City Council, base wages for Police Services Specialist shall be increased by a 5.8% market increase plus a 2.7% cost of living increase, for a total of 8.5%, as represented below. Effective on the date of ratification of this Agreement by the Port Orchard City Council, base wages for the Police Services Coordinator shall be increased by 2.7%, as represented below. When the Police Services Coordinator position becomes vacant, the parties agree to reopen this Agreement to bargain base wages for the position. Bargaining shall conclude within 30 calendar days with agreement or implementation. Step Police Services Specialist Police Services Coordinator 7 36.04 45.63 6 34.99 44.30 5 33.97 43.01 4 32.98 41.76 3 32.02 40.54 2 31.09 39.36 1 30.18 38.21 In addition, in the first full pay period after this Agreement is ratified by both parties, all members of the bargaining unit employed at the time of ratification of this Agreement will be eligible for a signing bonus of $1,250.00, subject to applicable payroll withholdings. Agreement Page 19 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF Effective the first full pay cycle after January 1, 2027, or the first full pay period following ratification of this Agreement by both parties if later, base wages for Police Services Specialist shall be increased by four percent (4%) Effective the first full pay cycle after January 1, 2028 base wages for Police Services Specialist 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, 2026 to June, 2027, 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%). For each annual wage increase in 2027 and 2028, the Police Services Coordinator position will receive half of the percentage increase provided to the Police Services Specialist position. For example, for 2027 the Police Services Coordinator base wage shall be increased by 2%. Agreement Page 20 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF APPENDIX "B" TO THE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND PORT ORCHARD POLICE PROFESSIONAL SUPPORT GUILD Medical Benefits 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 each paycheck in the month. 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 by 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). Plan Name Employee Portion of Monthly Premium Employer Portion of Monthly Premium AWC HealthFirst 250 10% 90% AWC Kaiser Permanente 200 10% 90% AWC Regence High Deductible 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 Page 21 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028 Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF HRA/VEBA: For those full-time 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 HRAVEBA 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 35.00 100.00 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 Employee, Spouse, 2 or more Dependents 80.00 400.00 80.00 200.00 Employee and 1 Dependent 55.00 200.00 60.00 100.00 Employee 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 activities throughout the year to promote health and wellness. Those employees who are enrolled on an AWC medical insurance plan through the Employer as of December 31 of the year for which the Well City award is based and who participated in at least one City sponsored wellness activity 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 on December 31, 2026, is eligible for the incentive paid in 2027 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 Page 22 of 22 City of Port Orchard/Police Professional Support Guild Ratification - 2028