046-19 - Port Orchard Police Guild - Contract Amendment MOU 2Memorandum of Understanding
Amended to the AGREEMENT by and between
CITY OF PORT ORCHARD, WASHINGTON
and
PORT ORCHARD POLICE GUILD
(Representing Patrol Officer Employees) dated
January 1, 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 Patrol Officer Employees), dated January 1, 2019 through
December 31, 2021.
WHEREAS, on January 1, 2018, 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 "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 City 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 follows:
10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3
above), the employee must work his/her 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.
14.1 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 performance 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 for jury duty service to the City, including for periods of
paid leave.
PORT ORCHARD POLICE GUILD
Nathan Lam; resident
Date
CITY OF PORT ORCHARD
BA Ashby, Mayor Pro-Tem
Date T