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046-19 - Port Orchard Police Guild - Contract Amendment MOU 3MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE PORT ORCHARD POLICE GUILD (REPRESENTING THE PATROL OFFICER EMPLOYEES) It is understood and agreed that the City of Port Orchard (City) and Port Orchard Police Guild (Guild) enter into the following Memorandum of Understanding (MOU) to address Hours of Work. WHEREAS, the City and Guild entered into a Collective Bargaining Agreement (CBA), effective January 1, 2019 through December 31, 2021; and WHEREAS, Article 1 of the CBA or contract recognizes the Guild as the designated representative of City of Port Orchard Patrol Officer employees; and WHEREAS, the City and the Guild desire more flexibility around working hours and training days than is currently provided under the CBA; and WHEREAS, the City and Guild are entering into this MOU to provide clarification and flexibility to language contained in Articles 7, 9, 10, 11 and 12 of the CBA; and WHEREAS, the City acknowledges no change to the benefits afforded the Guild under the CBA as a result of this MOU; and WHEREAS, the City and Guild both desire a smooth transition to the proposed new schedule, cognizant of the limitations of the City's payroll software; NOW, THEREFORE, the City and the Guild agree as follows: l . This MOU shall be implemented for a trial period beginning on June 7, 2020 and ending on December 31, 2020. At the conclusion of the trial period, the parties may re -execute this MOU to continue the effective date of this MOU for the duration of the current CBA. If re - executed, this MOU shall be incorporated into the next CBA, unless changed by future bargaining. If the parties do not re -execute this MOU at the conclusion of the trial period, the MOU will expire and the CBA will revert to the language as it existed prior to the effective date of this MOU. All other terms of the CBA remain the same for the duration of this MOU. The City shall have the right to terminate this MOU if the amendments described herein are impracticable due to limitations of the City's payroll software. If the City triggers this termination right, the CBA will revert to the language as it existed prior to the effective date of this MOU. 2. Section 7.1, Hours of Work, Amended. Section 7.1 is hereby amended to read as follows: 7.1 HOURS OF WORK - This Article is intended to define the normal hours of work and provide the basis for calculation of overtime. For the purposes of the Fair Labor Standards Act (FLSA) compliance, a 28-day work period will be utilized. The City reserves the right to maintain and modify, as necessary, work period designations for different shifts in accordance with FLSA 7K exemption rule. This includes designating different work periods for different shifts. 3. Sections 7.1.1, 7.1.2, 7.1.3, and 7.1.4, Amended. Sections 7.1.1, 7.1.2, 7.1.3, and 7.1.4 are hereby amended to read as follows, and all subsections in Section 7.1 are renumbered accordingly: 7.1.1 The Patrol Officers' schedule will be divided into Squad A and Squad B. Work week is defined from 0000 hours on Sunday to 2359 hours on the following Saturday. The regular patrol work day shall be 10 hours and 45 minutes (10.75), with every other Friday overlaps, with 5 days on, 4 days off, 5 days on, 4 days off, 5 days on, and 5 days off. The selection or subsequent change in the work week shall be at the discretion of the Employer. 7.1.2 Any officer may be assigned by the Chief, at the Chief s discretion, a weekly schedule of 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 with three (3) consecutive days off. 7.1.3 REQUIRED IN-SERVICE TRAINING DAYS. On an annual basis and prior to October 31, the Chief will identify the dates for each of six required in-service training dates per squad which shall be considered part of the regular work schedule. Notification of training dates will be provided prior to the time of the shift bid each year. Required in- service training will occur for both Squads A and B with Squad B covering patrol needs while Squad A is in training and vice versa. The Squad that is in training will not be allowed time off on training days except as provided by the Chief. Training content and activity is at the discretion of the Chief. 7.1.4 OFF DUTY WORK — If the Employer approves off duty work, the payment for such work shall be through the Employer. Any off duty work shall be paid at the overtime rate, but the hours worked shall not be counted for determining overtime for regularly scheduled weekly hours. The provisions relating to holiday pay, call back and other compensation enhancement provisions of this Agreement shall not apply to off duty work, nor shall off duty work apply to increase the compensation enhancement for on duty work. Off duty work shall be offered first to bargaining unit members before offering it to reserve officers. The officer working the special event shall receive off duty pay for the actual time worked, or the number of hours charged by the Employer to the special event sponsor, whichever is greater. 4. Section 7.2 Overtime, Amended. Section 7.2 is hereby amended to read as follows: 7.2 OVERTIME - Services performed in excess of the employee's regular work schedule shall constitute overtime and shall be compensated at one and one-half (1 1 /2) times the employee's regular hourly rate of pay. When possible, overtime should be authorized in advance by the supervisor. Supervisors will monitor employee overtime and abuse of overtime will be subject to discipline. Officers who voluntarily bid for a shift change will not accrue overtime as a result of the changeover and must use a schedule adjustment. Under no circumstances will a shift trade, made upon the employee's request and with management approval, result in the payment of overtime. Section 7.3.2, Amended. Section 7.3.2 is hereby amended to read as follows: 7.3.2 COURT PAY - Should an employee be called or scheduled for court such employee shall receive a minimum of three (3) hours of overtime pay for time scheduled on the employee's day off, and two (2) hours of overtime pay for time scheduled during the employee's regularly scheduled work day; provided that there is no overlap of this two hour overtime period and the start of the employee's shift. Employees called to duty for any other reason during their off -duty time, when such time is not contiguous with their regularly scheduled work day, which shall include but not be limited to the requirement to attend (as a witness or in any other capacity directly related to their official duties): (a) any case pending in Juvenile Court, County Court or District Court; (b) any Grand Jury proceeding; (c) any conference with the City or County Prosecutors or their respective assistants; (d) any pre-trial conference or related hearings; or (e) any proceedings by any City, County, State or Federal governmental entity, shall be entitled to overtime compensation at the rate of either: (i) a two (2) hour minimum at one and one-half (1.5) times their regular hourly rate of pay; OR (ii) one and one-half (1.5) times their regular hourly rate of pay for the actual number of hours in attendance, whichever is greater. If an employee is required to attend any of the above circumstances when on an approved leave period of longer than three (3) calendar days, the employee shall be entitled to overtime compensation at the rate of either: (i) a three (3) hour minimum at one and one- half (1.5) times their regular hourly rate of pay; OR (ii) one and one-half (1.5) times their regular hourly rate of pay for the actual number of hours in attendance, whichever is greater. 6. Section 9.3, Amended. Section 9.3 is hereby amended to read as follows: 9.3 A "part-time employee" is any person employed by the Employer for less than forty (40) hours per week on average. 7. Section 10.1, Amended. Section 10.1 is hereby amended to read as follows: 10.1 In lieu of holidays, employees shall be credited with ninety six (96) hours of holiday leave per calendar year, prorated for each payroll cycle. 8. Section 11.1 Vacation Accrual, Amended. Sections 11.1 is hereby amended to read as follows: 11.1 VACATION ACCRUAL After six (6) completed months of employment, employees shall be entitled to use their accrued vacation leave. All full-time employees will accrue and record vacation leave on a prorated bi-weekly basis as follows: Year 1: 80 hours a year Year 2: 88 hours a year Year 3: 96 hours a year In addition, each year on the employee's anniversary date, after three (3) full years of employment, 8 hours of vacation for each year will be credited to his/her vacation account. After each additional year of employment, the employee shall be entitled to an additional bonus of 8 hours of vacation leave. The total vacation/bonus accrual shall not exceed 240 hours. 9. Section 11.1.1 Accumulation of Vacation Leave, Amended. Sections 11.1.1 is hereby amended to read as follows: l 1.1.1 ACCUMULATION OF VACATION LEAVE -Part-time employees shall have their vacation leave prorated on the basis of two thousand and eighty (2,080) hours per year (full-time employment). Vacation leave shall be accrued and recorded on a bi-weekly and or calendar year basis in the same manner as provided in the vacation accrual section. 10. Section 11.6, Amended. Sections 11.6 is hereby amended to read as follows: 11.6 An employee may carry over a maximum of two hundred and forty (240) 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 in cash at the end of the year. 11. Section 12.1, Amended. Section 12.1 is hereby amended to read as follows: 12.1 All full-time and part-time employees shall be entitled to sick leave pay when they are incapacitated from performance of their duties by reason of sickness or injury or when, through exposure to contagious diseases, the presence of the employee would jeopardize the health of others. Such sick leave for full-time employees shall accrue leave at the rate of ninety-six (96) hours per calendar year. An employee may accumulate more than one thousand forty (1,040) hours during the year, but may only carry over a maximum of one thousand forty (1,040) hours from one calendar year to the next. Part-time employees shall have their sick leave prorated on the basis of two thousand eighty (2,080) hours per year (full-time employment). Sick leave shall be accumulated and recorded on a prorated bi- weekly basis. 12. Section 12.2, Amended. Section 12.2 is hereby amended to read as follows: 12.2 Sickness shall be reported at the beginning of any period of illness to the Police Department and, within three (3) calendar days after returning to work, the employee may be required to give a written statement certifying the need for the absence and submit a formal request for approval if so taken, which request, when approved by the Department Director, shall be forwarded to the Human Resources Coordinator for filing in the employee's personnel file. 13. Section 12.5, Amended. Section 12.5 is hereby amended to read as follows: 12.5 Advance sick leave may be granted in cases of serious disabilities or ailments of the employee. Sick leave credit advanced shall be limited to not more than ninety-six (96) hours and not less than forty (40) hours. It shall be further limited to cases in which it is believed that the employee will return to full duty for a period of time sufficient to liquidate the advance. 14. Section 12.10, Amended. Section 12.10 is hereby amended to read as follows: 12.10 At the option of the employee, sickness in excess of the maximum number of the hours accrued may be charged to unused vacation. This Memorandum of Understanding is entered into on this the -5- day of--TLAy%,<_ 2020. CITY OF PORT ORCHARD Mayor Rob Putaansuu N PORT ORCHARD POLICE GUILD Nathan Ly resident