012-13 - Resolution - MOU with Police Guild and Dale Schuster Regarding Unused Sick, Holiday and VacationRESOLUTION NO. 012-13
Introduced by: Police Chief
Requested by: HR Coordinator
Drafted by: HR Coordinator
Reviewed by: City Attorney
Introduced: June 25, 2013
Adopted: June 25, 2013
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING THE MEMORANDUM OF
UNDERSTANDING BE'IWEEN THE CITY OF PORT ORCHARD,
THE POLICE GUILD, AND DALE SCHUSTER REGARDING
UNUSED SICK, HOLIDAY, AND VACATION LEAVE
WHEREAS, on May 19, 2013, Sergeant Dale Schuster terminated his
employment as a Port Orchard Police Sergeant to accept the position of Police
Commander with the Port Orchard Police Department; and
WHEREAS, the Sergeant position is subject to terms and conditions set forth in
Collective Bargaining Agreement (CBA) 014-13 while the Police Commander position is
an exempt employee and is not subject to the CBA; and
WHEREAS, the City, the Police Guild, and Dale Schuster desire to document
their agreement concerning the treatment of Officer Schuster's sick, holiday, and
vacation leave; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON,HEREBYRESOLVESASFOLLOWS:
THAT: The Port Orchard City Council approves the Memorandum of
Understanding No.· 061-13, between the City, the Port Orchard Police
Guild, and Dale Schuster, a copy of which is attached as Exhibit A, and
authorizes the Mayor to sign said Agreement.
PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage this 25th day of June 2013.
Contract No. 061-13
Memorandum of Understanding
By and Between
The City of Port Orchard
and
The Port Orchard Police Guild
and
Dale Schuster
Regarding
Resolution No. 012-13
Exhibit A
Dale Schuster's Accrued Sick, Holiday, and Vacation Leave
This Memorandum of Understanding ("MOU") is entered into by and between the
CITY OF PORT ORCHARD, WASHINGTON ("City"), the PORT ORCHARD POLICE
GUILD ("Guild"), and DALE SCHUSTER ("Mr. Schuster"). The purpose of this MOU is to
address the treatment of Mr. Schuster's accrued, but unused, sick, vacation, and holiday leave
upon the termination of employment as a Police Sergeant to accept the position of Police
Commander with the City.
Section 1 -Terms
1.1 Mr. Schuster's Accrued Sick Leave
1.1.1 The City will cash out 400 hours of Mr. Schuster's accrued, but unused, sick
leave after his promotion to the position of Police Commander. The City shall make this
payment directly to Mr. Schuster's medical health/voluntary employees' beneficiary
association account ("HRANEBA"). (See Section 12.1.1 of the Collective Bargaining
Agreement 014-13 between the City and the Guild). Mr. Schuster will not be eligible for any
type of sick leave cash out in the future.
1.1.2 After the sick leave cash out referred to in Section 1.1.1 above, Mr. Schuster
will have 563 hours of accrued, but unused, sick leave. The City shall permit Mr. Schuster to
carry forward (after his promotion to the Police Commander position) the foregoing sick leave
balance for his use in a manner consistent with City policy. Additionally, Mr. Schuster shall
begin to accrue further sick leave (as the Police Commander) in accordance with the City's
Personnel Polices Manual and applicable benefits resolutions. None of the sick leave
referenced in this Section 1.1.2 (i.e., the 563 hours of sick leave carried forward and any
subsequent sick leave accrued by Mr. Schuster as the Police Commander) shall have any cash
value and may not be "cashed out" by Mr. Schuster under any circumstance.
1.2 Mr. Schuster's Accrued Holiday and Vacation Leave
1.2.1 The City shall permit Mr. Schuster to carry forward (after his promotion to the
Police Commander position) 96 hours of his accrued, but unused, holiday leave for his use in a
manner consistent with City policy. Additionally, Mr. Schuster shall begin to accrue further
MOU by and Between the City of Port Orchard, the Port Orchard Police Guild, and Dale Schuster
Page 1 of2
Resolution No. 012-13
Exhibit A
holiday leave (as the Police Commander) in accordance with the City's Personnel Policies
Manual and applicable benefits resolutions. None of the holiday leave referenced in this Section
1.2.1 (i.e., the 96 hours of holiday leave carried forward and any subsequent holiday leave
accrued by Mr. Schuster as the Police Commander) shall have any cash value and may not be
''cashed out" by Mr. Schuster under any circumstance. Furthermore, Holiday Leave is a use or
lose benefit and cannot be carried forward from year-to-year.
1.2.2 The City shall permit Mr. Schuster to carry forward (after his promotion to the
Police Commander position) 232 hours of his accrued, but unused, vacation leave for his use in a
manner consistent with City policy. Additionally, Mr. Schuster agrees to relinquish 80 hours of
"bonus leave" previously earned for years of service and shall begin to accrue further vacation
leave (as the Police Commander) in accordance with the City's Personnel Polices with "bonus
days" beginning at 64 hours per year effective on his anniversary date of September 26, 2013.
Mr. Schuster will be entitled to one (1) bonus day (8 hours) of vacation leave beginning his first
year of completed service as Police Commander, continuing each year, to a maximum not to
exceed 144 hours. The maximum allowable vacation leave to be carried over shall not exceed
240 hours in accordance with the City's Personnel Policies.
Section 2 -Signatures
By signing below, the parties hereto agree that: (i) the above represents each party's full
and entire agreement with respect to this MOU; (ii) this MOU is entered into freely and
voluntarily by each party; and (iii) this MOU shall not be interpreted to create a past practice.
ATTEST:
City of Port Orchard Port Orchard Police Guild
By:-;;f,;,_,L-bif'?d~dJy: ~
~"Matthes, Mayor Charles Schandel, President
~~~
Date:\1ine @Q C{Dl3 Date: b -'2-0 ~ ( 3
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Date: 42 /w I f1
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MOU by and Between the City of Port Orchard, the Port Orchard Police Guild, and Dale Schuster
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