047-19 - Port Orchard Police Guild - Contract Amendment MOU 3MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PORT ORCHARD
AND THE PORT ORCHARD POLICE GUILD
(REPRESENTING THE SERGEANT 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 Sergeant 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:
1. 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 Sergeants' 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
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 Sergeant 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 employee 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. Employees 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.
5. 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:
11.1.1 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 fling 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 ol'Understanding is entered into on this the-5 day of—'Thr\_R 2020.
CITY OF PORT ORCHARD
Mayor Rob Putaansuu
PORT ORCHARD POLICE GUILD
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Nathan .y h, Pr . ident