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086-22 - Port Orchard Police Guild-Patrol Officer - ContractAGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD. WASHINGTON AND PORT ORCHARD POLICE GUILD (REPRESENTING THE PATROL OFFICER EMPLOYEES) JANUARY 1, 2022 THROUGH DECEMBER 31, 2024 TABLE OF CONTENTS to the AGREEMENT By and Between CITY OF PORT ORCHARD and PORT ORCHARD POLICE GUILD (Representing Patrol Officer employees) January 1, 2022 through December 31, 2024 TABLE OF CONTENTS ARTICLE TITLE PAGE ARTICLE 1 EXCLUSIVE BARGAINING REPRESENTATIVE.................................................3 ARTICLE 2 NON-DISCRIMINATION.........................................................................................3 ARTICLE3 GUILD MEMBERSHIP.............................................................................................3 ARTICLE4 MANAGEMENT RIGHTS........................................................................................ 4 ARTICLE5 DISCIPLINE...............................................................................................................5 ARTICLE 6 GRIEVANCE AND ARBITRATION........................................................................ 5 ARTICLE 7 HOURS OF WORK AND WORKING CONDITIONS ............................................ 6 ARTICLE 8 WAGES, LONGEVITY PAY.................................................................................. 10 ARTICLE9 DEFINITIONS.......................................................................................................... 1 1 ARTICLE10 HOLIDAYS.............................................................................................................. I I ARTICLE11 VACATIONS........................................................................................................... 12 ARTICLE12 SICK LEAVE...........................................................................................................14 ARTICLE13 BEREAVEMENT.....................................................................................................16 ARTICLE 14 LEAVES OF ABSENCE..........................................................................................17 ARTICLE 15 HEALTH AND WELFARE..................................................................................... 17 ARTICLE16 LAYOFFS.................................................................................................................19 ARTICLE 17 UNIFORM ALLOWANCES.................................................................................... 19 ARTICLE18 SAVINGS CLAUSE.................................................................................................20 ARTICLE19 NO STRIKE CLAUSE.............................................................................................20 ARTICLE 20 DURATION AND NEGOTIATION NOTIFICATION...........................................20 ARTICLE21 POLICIES.................................................................................................................20 ARTICLE 22 POLICE OFFICER INTERVIEW GUIDELINES AND RELATED MATTERS ... 20 ARTICLE23 GUILD ACTIVITIES...............................................................................................26 ARTICLE24 MISCELLANEOUS................................................................................................. 26 ARTICLE 25 TEMPORARY EMPLOYMENT.............................................................................27 ARTICLE 26 TRAINING AND EDUCATION............................................................................. 27 APPENDIXA ...............................................................................................................................29 APPENDIXB ................................................................................................................................31 AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 2 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 AGREEMENT By and Between CITY OF PORT ORCHARD and PORT ORCHARD POLICE GUILD (Representing Patrol Officer employees) January 1, 2022 through December 31, 2024 PREAMBLE This Agreement is entered into by the City of Port Orchard, Washington, hereinafter also referred to as the Employer or City and the Port Orchard Police Guild, hereinafter also referred to as the Guild. ARTICLE 1 ................... EXCLUSIVE BARGAINING REPRESENTATIVE 1.1 The Employer recognizes the Guild as the exclusive bargaining representative for all Patrol Officer employees. The Agreement does not cover extra help, seasonal employees, supervisors, sergeants, the Deputy Chief, and the Chief of Police. ARTICLE 2 ...................NON-DISCRIMINATION 2.1 The Employer and the Guild agree that employment shall be consistent with applicable state and federal laws regarding non-discrimination. ARTICLE 3 .................... GUILD MEMBERSHIP 3.1 Employees have the right to become a member of the Guild. The Employer agrees to deduct dues from employees who voluntarily authorize the deductions according to RC W 41.56.110. 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. The Department shall include a 30-minute Guild orientation session in the regular scheduling of each new employee's training period. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 3 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 ARTICLE 4 .......................... MANAGEMENT RIGHTS 4.1 Except as otherwise specifically provided in this Agreement, and subject to the Guild's right to negotiate mandatory subjects of bargaining, the Employer has the sole and exclusive right to exercise all the rights and functions of management. Without limiting the generality of the foregoing, management rights includes; but is not limited to: (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 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 and rank based upon duties assigned, except where such changes impact mandatory subjects of bargaining, wherein the Employer will notify the Guild of its intent and offer the opportunity to bargain prior to final decision 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, except where otherwise subject to Civil Service procedures; (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 final decision by the Employer; (1 I) The establishment, modification and enforcement of 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 (PATROL OFFICER EMPLOYEES) PAGE 4 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 (15) The determination of the number of ranks and the number of employees within each rank, and (16) The determination of the amount of supervision necessary. 4.2 The Employer has the right to immediately exercise its management rights without consultation with the Guild in exigent circumstances, subject to any applicable requirements of Ch. 41.56 RCW and its accompanying regulations. 4.3 The Guild reserves the right to assert that the continuation of the City's management rights clause does not require the Guild to waive any bargaining rights it presently has under Ch. 41.56 RCW and the City reserves the right to contest this assertion. ARTICLE 5..................DISCIPLINE 5.1 Discipline is defined to include written reprimands, suspensions without pay, demotions to a lower paying classification, and termination of employment. 5.2 It is agreed that the City has the right to discipline any non -probationary employee for just cause. ARTICLE 6 .................... GRIEVANCE AND ARBITRATION 6.1 A "grievance" means a claim or dispute with respect to the alleged violation of the provisions of this Agreement. 6.2 Step 1. A grievance shall be presented in writing within thirty (30) 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 immediate supervisor shall issue a written response within fifteen (15) calendar days . 6.3 Step 2. If the employee or employees or the Guild is/are not satisfied with the Step 1 response, the grievance may be presented in writing within fifteen (15) calendar days of the Step 1 response to the Chief of Police. The Chief shall issue a written response within (30) thirty calendar days. 6.4 Step 3. If the employee or employees or the Guild 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. 6.5 Step 4. In the event a grievance is not satisfactorily settled after presentation to the Mayor, the Guild, if it so chooses, may submit the matter to arbitration under the following procedures; a written request for arbitration must be made by the Guild within thirty (30) calendar days after receipt of the Mayor's Step 3 decision. Unless otherwise required by state law, the parties will attempt to agree on an arbitrator to hear and decide the particular case. If the parties are unable to agree on an arbitrator within ten (10) working days of the submission of the written request for arbitration, either party may request a list of nine (9) names from the Public Employment Relations Commission (PERC). An arbitrator shall be selected by alternating strikes, the first strike to be determined by a flip of a coin. The arbitrator shall hold a hearing and accept pertinent evidence submitted by both parties and shall AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 5 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 be empowered to request such data as the arbitrator deems pertinent to the grievance. Each party to the proceedings may call such witnesses as may be necessary. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. The hearing shall be kept private and shall include only the Employer and the Guild as parties in interest and their designated representatives and witnesses. 6.6 The arbitrator shall be authorized to rule and issue a decision in writing on the issue presented for arbitration, such decision shall be final and binding on both parties. The arbitrator shall rule only on the basis of information presented in the hearing before their and shall refuse to receive any information after the hearing except when there is mutual agreement, and in the presence of both parties. The arbitrator shall have no power to render a decision that will add to, subtract from, or alter, change or modify the terms of this Agreement, and the arbitrator's power shall be limited to interpretation and application of the express terms of this Agreement. The arbitrator's decision shall be made in writing and, if neither party wishes to submit a post -hearing brief, shall be issued to the parties within thirty (30) days after the arbitration hearing. If either or both parties wish to submit post -hearing briefs, said brief(s) may be submitted to the arbitrator on a date agreed upon by the parties or, if they are unable to agree on a date, designated by the arbitrator. If post -hearing briefing is submitted, the arbitrator's written decision shall be issued to the parties within thirty (30) calendar days of submission of the briefs. Each party shall pay any compensation and expenses relating to its own witnesses or representatives. If either party requests a stenographic record of the hearing, the cost of said record will be paid by the party requesting it. If the other party also requests a copy, that party will pay one-half of the stenographic costs. Any PERC fee for the list of nine (9) names and the fee and expenses of the arbitrator shall be paid by the party ruled against by the arbitrator. In the event that the arbitrator's decision provides for a split ruling, the arbitrator shall then determine the appropriate share of the total cost that will be paid by each party. 6.7 The right of the Guild to lodge and process a grievance is expressly confirmed. An employee may be represented at any stage of the grievance procedure by the Guild. No settlement of a grievance shall be contrary to the terms of this Agreement, unless mutually agreed by the parties. 6.8 ELECTION OF REMEDIES — In no event may the Guild/employee receive an arbitration hearing and a hearing under the Port Orchard Civil Service Commission's appeal procedures regarding the same grievance, issue, or matter. The Guild, on behalf of the employee, must elect a remedy i.e., either pursing arbitration under this Article 6 or pursuing an appeal before the Port Orchard Civil Service Commission (within the timeframes established by the Civil Service Commission's rules). Submission of a matter to the Port Orchard Civil Service Commission constitutes an election of remedies and irrevocably waives the right to pursue the matter through the arbitration process. Similarly, submission of a matter to the arbitration process constitutes an election of remedies and irrevocably waives the right to pursue the matter through the Port Orchard Civil Service Commission. ARTICLE 7 ....................HOURS OF WORK AND WORKING CONDITIONS 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. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 6 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 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 workday 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 based on the operational needs of the Department. 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 based on the operational needs of the Department. 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 up to eight 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 SHIFT BIDS — Shifts will be bid by seniority based on a mutually agreeable procedure between the Employer and the Guild. Provided, however, that the Police Chief (or their designee) may assign employees to different shifts than which is bid upon by any employee if determined necessary by the Police Chief based upon a legitimate operational reason. 7.1.5 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. 7.1.6 BREAKS — Employees shall be entitled to a paid meal period of up to thirty (30) minutes and two paid rest breaks of fifteen (15) minutes each during a regular shift. Extension of a regular shift by more than four (4) hours will entitle the employee to take a second paid meal period of up to thirty (30) minutes during the extension. Meal periods and rest breaks are taken when operationally feasible, subject to interruption, and do not accrue from one day to the next. It is the parties' intent that this section supersede WAC 296-126-092 per RCW 49.12.187. 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 (1.5) times the employee's regular hourly rate of pay. When possible, overtime should be authorized in advance by the supervisor. 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 AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 7 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 request and with management approval, result in the payment of overtime for the regularly scheduled hours of the shift worked due to the trade. If a 10-hour workday is in effect all time over ten (10) hours will be compensated at one and one-half (1.5) times the regular hourly rate. At the employee's option, overtime may be accrued as compensatory time up to a maximum compensatory time accrual of 53.75 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. Requests to use compensatory time should be submitted as far in advance as reasonably possible, and will be granted or denied based on City operational needs. 7.3 CALLBACK — 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, excluding court time. Callback shall not apply when the employee is called back to work within two (2) hours of the start of their regular shift. A reserve officer shall not be used to supplant bargaining unit scheduled work, unless the work is first offered to bargaining unit members. Reserves may be used to supplement scheduled shifts, or to fill scheduled shifts where no bargaining unit member is available. 7.3.1 SCHEDULED OVERTIME — Should an employee be scheduled for duty other than the regular shift, such employee shall receive a minimum of three (3) hours of overtime pay. It is understood and agreed that the Employer may require that the employee work the entire period. 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. 7.3.3 Employees covered by this Agreement are essential and shall be required to work during emergencies, including weather -related emergencies. Recruits at the academy will be granted paid leave for weather -related closure of the Academy. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 8 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY I, 2022 - DECEMBER 31, 2024 7.3.4 Employees required to work outside their regular shift without reporting for duty in person (for example, phone calls lasting more than 7'/2 minutes) shall be compensated a minimum of fifteen minutes at the overtime rate. Routine communications, such as for overtime opportunities or assignments, are not eligible for compensation under this provision. 7.4 Should an employee be called for duty when the employee is on approved compensatory leave or vacation, leave time will terminate upon commencement of work and resume again after emergency work is completed. The leave time will be restored to their bank of applicable compensatory or vacation time to be used at a later date. A maximum of eight (8) hours in a 24-hour period may be restored. If travel time should exceed normal home to work commuting time, the excess time will be included in the eight (8) hours maximum restorable time. 7.5 STAND-BY — An employee shall be paid at 50% of their regular wage rate for time they must stand- by at home by demand of the Court or Police Department. 7.6 Adjustments in the regular working hours of the employees for the convenience of the Employer and employees shall not be in conflict with this Agreement. 7.7 DUTY SCHEDULE — The Employer shall strive to post the master duty schedule 30 days prior to scheduled shift change. This shall not apply to changes that may occur during the thirty day posting period. 7.8 K-9 OFFICER ASSIGNMENT — If the Employer should, as an exercise of its management rights, determine that an officer should be assigned the duty of serving as a K-9 officer, then the following shall apply: 1. One-half hour of each workday shall be devoted to care for the animal. 2. All mandatory training shall take place during the employee's regular shift. 3. The Employer shall reimburse the employee for all receipted expenses, approved in advance by the Chief. 4. The City shall pay the officer an additional four (4) hours per work week to be paid at a rate of one and one-half (1.5) times the Washington State minimum wage for home care of the K-9. 5. At the time the animal is determined, by the Employer, as no longer fit for service, at the K-9 officer's option, ownership of the animal will be sold to the K-9 officer for a nominal fee. Such transfer of ownership shall relieve the city of any further liability. 7.9 TRAINING 7.9.1 Mandatory Training — For purposes of this paragraph, any training that the Employer requires an employee to attend will be considered mandatory. Travel days and attendance days for any mandatory training outside of the employee's regular shift will be compensated as an eight (8) hour workday at one and one-half (1.5) times the employee's base pay. Employees who attend mandatory training that requires overnight accommodations shall adjust their work schedule at the straight time rate for all travel and lodging time associated with the training with a maximum of ten (10) hours per day. Any overnight accommodation shall include the option that each participating employee be provided with a single occupancy room, and all meals shall be reimbursed at the applicable federal per diem rate and as otherwise consistent with City policy. 7.9.2 Voluntary Training — For purposes of this paragraph, any training that an employee requests to attend, but is not required by the Employer, will be considered voluntary. Employees who AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 9 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 request to attend a voluntary training falling on their day(s) off waive the overtime requirement of this Section. Travel days and attendance days worked for any voluntary training will be compensated as an eight (8) hour workday at the straight time hourly rate of pay. ARTICLE 8 .................. WAGES, LONGEVITY PAY 8.1 All employees covered by this Agreement shall be classified and compensated in accordance with Appendix A attached hereto and considered part of this Agreement. 8.2 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 .25% for each additional year of employment effective with the first full pay period in which the employee's anniversary date occurs. Each longevity pay increase shall commence in the pay period that the employee's anniversary date occurs. Each longevity increase shall be calculated on the base pay for the position held by the employee. 8.3 The wage set forth in Appendix A, shall be increased by 5% whenever the officer is actually serving as a Field Training Officer (FTO). FTO pay will commence for those Field Training Officers activated to train a recruit officer on the first day of assignment of the recruit officer into field training. All FTOs activated will receive FTO pay until the recruit officer is out of the field training program. If, during the training period, there is a need to replace an assigned FTO, the replacing FTO will receive FTO pay on the date of this replacement until the recruit officer is out of the field training program. 8.4 SCHOOL RESOURCE OFFICER (SRO) AND DETECTIVE PREMIUMS — The following premiums shall be effective the first full pay period after ratification of this Agreement by both parties. Any officer serving as a SRO shall receive a two percent (2%) premium of their base wages while performing such duties. Any officer serving as a Detective shall receive athree percent (3%) premium of their base wages while assigned to such duties. Provided, however, no employee may "stack" specialty assignment premium pay. This means that in the event an officer is eligible for two different types of premium pay (for example, for serving as a FTO and as the SRO, the officer shall receive the higher of the two premium pay rates, but not both). 8.5 Employees hired prior to January 1, 2021, who are not eligible to participate in an existing state retirement plan, as determined by the State Department of Retirement Systems, will receive equivalent contributions to a state sponsored deferred compensation plan as follows: 8.5.1 The employee will be required to establish a state sponsored deferred compensation plan and deposit an amount equal to or greater than the total of the employee and Employer contributions as described below. 8.5.2 The employee shall contribute 100% of the state required employee contribution of the retirement system the employee would be enrolled in if they were eligible, via payroll deduction, to the deferred compensation plan. 8.5.3 The Employer shall contribute 75% of the state required employer contribution of the retirement system the employee would be enrolled in if they were eligible to the employee's deferred compensation plan. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 10 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 8.5.3 Contributions will be calculated on base wage rates and will only include those regular and leave hours that make up the pay period. Other compensation including but not limited to overtime, Labor & Industry payments, specialty pay, longevity pay and leave buy-out will not be included in calculating the contribution. ARTICLE 9 .................... DEFINITIONS 9.1 In construing the provisions of this Agreement the following definitions shall apply: 9.2 A "full-time employee" is any person employed by the Employer who devoted their full time to the job during working hours on a yearly basis. 9.3 "Probation" for newly hired employees shall be one (1) year from completion of the basic academy or date of hire if completion of the basic academy does not apply to the employee. Probationary employees are at -will and may be terminated without cause, which may not be grieved. The probationary period may be extended upon mutual agreement by the Chief of Police and the Guild. Any employee failing to satisfactorily complete a promotional probationary period in the Sergeant rank may be restored by the Employer to the most recent previous class for which the employee qualifies. In the event a vacancy does not exist, one may be created by layoff in accordance with Article 16. ARTICLE 10 ..................HOLIDAYS 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. Holiday leave is taken following the same process as vacation leave. Effective the first full pay cycle after January 1, 2023, or the first full pay cycle after ratification of this Agreement by both parties, whichever is later, holiday leave shall accrue at the rate of 0.0462 per regular paid straight time hour (excluding overtime and leave cash out) up to a maximum accrual of 96 hours of holiday leave per year. 10.2 In addition to the above holiday leave, employees shall receive twenty-four (24) hours additional holiday leave on their anniversary date. Effective January 1, 2023, additional holiday leave hours will be accrued on January 1 of each year (current employees will accrue a prorated amount the first year). For new hires, the twenty-four (24) hours will be prorated and frontloaded at the time of hire and then accrued every January 1 thereafter. 10.3 HOLIDAY PAY FOR PATROL, DETECTIVES, AND SRO — Any employee whose shift starts on a holiday shall be paid one and one-half (1.5) times the straight time rate for all hours worked during their regularly scheduled full shift. Time worked on a holiday outside of an employee's regularly scheduled shift shall be compensated at double time for all hours worked. If an employee works an extra -duty assignment or an off -duty assignment on a recognized holiday, the standard rate of one and one-half (1.5) times the regular hourly rate of pay shall apply. This includes, but is not limited to, grant funded traffic emphasis assignments, extra -duty for private entities, and volunteering to work special events. Any officer serving as an SRO shall be placed on a Patrol schedule if they would not otherwise be performing SRO duties on any given holiday. The SRO shall be given the opportunity to utilize holiday leave rather than being placed on the Patrol schedule if desired. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 11 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 10.4 Recognized holidays are: New Year's Day; Martin Luther King, Presidents' Day; Memorial Day; Juneteenth; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; the day after Thanksgiving Day; and Christmas Day. 10.4.1 Holidays for Patrol and Detectives are observed on the calendar day of the holiday, regardless of whether it is Saturday or Sunday. 10.4.2 Holidays for employees on light duty, in the academy, or pre -academy that fall on a Saturday or Sunday are observed on a weekday designated by the City and are not worked unless provided for elsewhere in this Agreement. Holidays for these employees are unpaid unless the employee uses their own holiday, compensatory or vacation leave accrual. 10.5 An employee may carry over a maximum of ninety-six (96) hours of accrued holiday time. All other accrued holiday hours not used by the end of each calendar year shall be forfeited. When accrued holiday hours are not used due to the convenience of the Employer, the employee will be paid in cash at the end of the year. 10.6 The Employer shall pay an employee, as defined herein, for their accrued holiday time, if any, which is earned, but not taken, upon separation of employment (including for the reasons of voluntary termination and death of the employee) or promotion into a non -Guild represented position. Provided, however, that in case of voluntary termination, the employee shall have given Employer at least thirty (30) calendar days notice of such termination in order to be eligible to receive such pay. There shall be no cap on the amount of the payment of accrued holiday time upon separation of employment or promotion into a non -Guild represented position (other than the current maximum accrual and carry over restrictions set forth in this Article 10). 10.7 HOLIDAY STAFFING 10.7.1 Employees on light duty assignments are eligible to work on a holiday and to receive "holiday pay" (described in Section 10.3 above), provided that the employee provides their supervisor with a work plan for that day. If, after a review of available work in good faith, the supervisor agrees that there is significant work for the employee, a recommendation will be made to the Chief of Police, who will make the final decision and notify the employee of that decision. 10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3 above), the employee must work their 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. ARTICLE 11 .................. VACATIONS 11.1 VACATION ACCRUAL Vacation leave requests should be submitted as far in advance as reasonably possible. Vacation requests will be granted or denied based upon City operational needs. Employees shall be entitled to use their accrued vacation leave. All full-time employees will accrue vacation leave on a prorated bi- weekly basis as follows: AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 12 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 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 their 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). Effective the first full pay cycle after January 1, 2022, or the first full pay cycle after ratification of this Agreement by both parties, whichever is later, in lieu of the vacation accruals above, vacation shall accrue at the rates below per regular paid straight time hour (excluding overtime and leave cash out): Employment Year Months of employment Accrual Rate Max accrual per pay period Employment Year Months of employment Accrual Rate Max accrual per pay period 1 0-11 0.0385 3.31 11 120-131 0.0808 6.95 2 12-23 0.0423 3.64 12 132-143 0.0846 7.28 3 24-35 0.0500 4.3 13 144-155 0.0885 7.61 4 36-47 0.0538 1 4.63 14 156-167 0.0923 7.94 5 48-59 0.0577 4.96 15 168-179 0.0962 8.27 6 60-71 0.0615 5.29 16 180-191 0.1000 8.6 7 72-83 0.0654 5.62 17 192-203 0.1038 8.93 8 84-95 0.0692 5.95 18 204-215 0.1077 9.26 9 96-107 0.0731 6.29 1 19 1 216-227 1 0.1115 9.59 10 108-119 0.0769 6.61 1 20 or more 1 228 plus 1 0.1154 9.92 11.2 Each employee must use at least one week (five (5) consecutive days) leave each year for a vacation purpose. 11.3 An employee, as defined herein, shall receive leave 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 thirty (30) calendar days notice of such termination in order to be eligible to receive such pay. There shall be a cap of two hundred and forty (240) hours on the amount of the payment of accrued vacation time upon separation of employment. Any accrued vacation hours above two hundred and forty (240) hours (up to a maximum of 80 hours) will be cashed out into the employee's HRA VEBA account. 11.4 Vacation shall be paid at the straight time rate. 11.5 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 in cash at the end of the year. No employee shall be eligible to receive this cash payment, however, for any vacation leave which was not previously scheduled prior to December I St. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 13 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 11.6 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 maximum vacation accrual limit applicable to the new position, whichever is higher. ARTICLE 12 ..................SICK LEAVE 12.1 All employees shall be entitled to use accrued sick leave 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, or in accordance with the Employer's policies. Sick leave shall accrue at the rate of ninety-six (96) hours per calendar year. Effective the first full pay cycle after January 1, 2022, or the first full pay cycle after ratification of this Agreement by both parties, whichever is later, sick leave shall accrue at the rate of 0.0462 per regular paid straight time hour (excluding overtime and leave cash out), up to a maximum of 96 hours of sick leave per 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. Sick leave shall be accumulated and recorded on a prorated bi-weekly basis. 12.1.1 Sick Leave Buy Back 12.1.2.1 Upon an employee's permanent separation of employment from the Employer due to the employee's death, disability, or voluntary termination, any employee hired by the Employer as a fully commissioned law enforcement officer may elect to cash out up to four hundred (400) hours of accrued but unused sick leave. Any such sick leave cash out payments shall be made by the Employer directly to the respective employee's medical health retirement/voluntary employees' beneficiary association account ("HRA VEBA"), subject to applicable IRS and/or Affordable Care Act limits. The remainder of the employee's accrued but unused sick leave, if any, shall be forfeited without compensation. Employees who are involuntary terminated or who resign in lieu of termination shall not be eligible for this benefit. 12.1.2.2 Upon promotion or transfer to a City position not covered by this Agreement, the employee may cash out up to four hundred (400) hours of accrued and unused sick leave into the employee's HRA VEBA, provided the employee retains a balance of at least four hundred (400) hours of sick leave. 12.2 Injuries shall be reported at the beginning of any period of injury leave to the Police Department and, at the Chiefs discretion, medical authorization to return to duty may be required. 12.3 Sickness shall be reported at the beginning of any period of illness to the Police Department and a medical provider's certificate may be required when sick leave is used over a period of more than three (3) consecutive workdays. 12.4 Advance sick leave may be granted to employees who have two (2) or more years of continuous service with the Employer after they have exhausted all of their accrued compensatory, vacation, and sick leave. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 14 OF 3l CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 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. 12.6 Requests for advance sick leave shall be submitted by the employee to the Department Director concerned. The Department Director shall make a recommendation on the proposed request and forward it to the City Council for approval or disapproval. It will be signed by the Mayor and forwarded to Human Resources for filing in the employee's file and the employee will be notified of the Council's decision by the Department Director. 12.7 Sick leave earned after return to duty must first be applied to liquidate the sick leave advanced prior to being used as regular sick leave. 12.8 Any employee found to have abused the sick leave privilege by falsification or misrepresentation may thereupon be subject to discipline, up to and including dismissal. 12.9 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. 12.9.1 The employee's choice as to payment while receiving workers' compensation benefits does not preclude the employee from the benefits associated with the Law Enforcement Officers Disability Supplement as described in Article 12.11. 12.10 At the option of the employee, sickness in excess of the maximum number of hours accrued maybe charged to unused compensatory or vacation leave. 12.11 WORKERS' COMPENSATION/LAW ENFORCEMENT OFFICER DISABILITY SUPPLEMENT — The Employer will provide Workers' Compensation benefits administered by the Washington Department of Labor and Industries (L&I) pursuant to the requirements of Title 51 RCW. Under the terms required by RCW 41.04.500 et. seq., full-time, commissioned law enforcement officers who suffer an on-the-job injury or illness shall also receive a disability leave supplement to the extent the respective employee qualifies for payments under RCW 51.32.090 due to a temporary total disability. 12.11.1 To the extent required by RCW 41.04.505, the disability leave supplement shall be an amount which, when added to the amount payable under RCW 51.32.090, will result in the employee receiving the same pay, based on the employee's regular rate of pay, that they would have received for full-time active service during the period of temporary total disability, taking into account that industrial insurance payments are not subject to federal income or social security taxes. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 15 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 12.11.2 Pursuant to RCW 41.04.510, the disability leave supplement shall be paid as follows: (1) The disability leave supplement shall begin on the sixth (61) calendar day from the date of the injury or illness which entitles the employee to benefits under RCW 51.32.090. For purposes of this Section, the day of injury shall constitute the first calendar day. (2) One-half ('/z) of the amount of the disability leave supplement (as defined by RCW 41.04.505) shall be charged against the accrued paid leave of the employee. In computing such charge, the Employer shall convert accumulated days, or other time units as the case may be, to a monetary equivalent based on the base monthly salary of the employee at the time of the injury or illness. "Base monthly salary" for the purposes of this Section means the amount earned by the employee before any voluntary or involuntary payroll deductions, and not including overtime pay. (3) One-half ('/z) of the amount of the disability leave supplement as defined in RCW 41.04.505 shall be paid by the Employer. (4) Pursuant to RCW 41.04.510, if an employee has no accrued paid leave at the time of an injury or illness which entitles the employee to benefits under RCW 51.32.090, or if accrued paid leave is exhausted during the period of disability, the employee shall receive only that portion of the disability leave supplement prescribed by Section 12.11.2(3) above. (5) In no event shall the employee receive more in combined benefits than they would have received in base salary if they had not been disabled. 12.11.3 Pursuant to RCW 41.04.515, the disability leave supplement shall continue as long as the employee is receiving benefits under RCW 51.32.090, up to a maximum of six (6) months from the date of injury or illness. 12.12 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. The premium costs for the available leave will be collected by the City effective January 1, 2019 from employees as follows: 45% of the medical leave portion and 100% of the family leave portion. ARTICLE 13 ................. BEREAVEMENT 13.1 Employees shall be allowed up to thirty (30) hours of paid bereavement leave for death in the immediate family upon approval and authorization of the Chief of Police or designee. With reasonable justification an employee shall receive, subject to the approval of the Chief of Police or designee, an additional twenty (20) hours of paid bereavement leave. 13.2 For purposes of paragraph 13.1 above, "immediate family" means the employee's spouse (or Washington State registered domestic partner as defined by Chapter 26.60 RCW), their children and/or stepchildren, and both the employee's and the spouse's/domestic partner's grandchild, sister, brother, grandmother, grandfather, mother, father, mother-in-law, father-in-law, as well as any "step or foster" relation and any other familial inhabitant of the employee's household. If an employee AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 16 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 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 compensatory or vacation leave, or if the employee has no compensatory or vacation leave available, leave without pay. The timelines set forth in section 13.1, above, will apply to such leave. The provisions of Section 14.3 requiring exhaustion of sick leave before leave without pay will not apply to Article 13. ARTICLE 14................LEAVES OF ABSENCE 14.1 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. 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 the employee is absent. The City does not require employees to remit payments for jury duty service to the City, including for periods of paid leave. 14.2 MILITARY LEAVE — Paid military leave shall be provided in accordance with RCW 38.40.060. 14.3 VOLUNTARY LEAVE WITHOUT PAY — Leave without pay may be granted at the discretion of the Chief of Police or designee,. Such leave will be granted only after all sick leave, holiday leave, compensatory leave, and vacation leave has been exhausted 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. 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. 14.4 UNAUTHORIZED ABSENCE — Unauthorized absence from duty for three (3) consecutive working days shall constitute grounds for dismissal at the discretion of the Chief of Police. 14.5 STATE LAWS APPLICABLE — Nothing contained in this Article shall be construed as an attempt to modify in any way the laws of the State of Washington relating to Police Relief and Pension. ARTICLE 15 ..................HEALTH AND WELFARE 15.1 MEDICAL COVERAGE — Subject to the remaining terms of this Article 15, the Employer will provide health insurance coverage through the Association of Washington Cities (AWC) Kaiser Permanente $20 Copay/$200 Deductible Plan or LEOFF Trust Plan FX. The Employer reserves the right to reopen negotiations to bargain over any change(s) to this Article 15 to the extent that any of the insurance products agreed upon herein become unavailable or are impacted by the requirements of the Affordable Care Act, or any changes thereto. In such event, 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 City elects to change health and welfare insurance plans or companies. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 17 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 15.2 The Employer shall purchase Dental Plan "J" and Ortho Plan II through Association of Washington Cities (AWC), for the employee, spouse and dependents if such coverage is available to the Guild through AWC. In the event that such coverage is not available to the Guild, the parties agree to re- open this Agreement for the singular purpose of bargaining the dental benefits to be provided under this Article 15. 15.3 The Employer shall remit an amount per person per month (person means employee) equal to the $0 Copay Vision Service Plan named "VSP" for the employee, spouse and dependents if such coverage is available to the Guild through AWC. In the event that such coverage is not available to the Guild, the parties agree to re -open this Agreement for the singular purpose of bargaining the vision benefits to be provided under this Article 15. 15.4 All employees must meet the eligibility threshold per the applicable plan and City policy. If the employee does not meet the eligibility requirements, then they are not entitled to the benefits or alternative compensation for the same. Eligibility is effective the first of the month following date of hire, provided that the employee has been paid 40 hours or more in the preceding month. 15.5 Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction. See Appendix B. 15.6 The Employer shall provide a Sixty Thousand Dollar ($60,000) term life insurance policy on the employee's life, the beneficiary to be chosen by the employee. The policy shall remain in full force and effect so long as the employee is employed by the Employer. The Employer shall not cancel any existing policies until the new policy is in place. To be eligible for this benefit, the employee must meet the eligibility requirements of the subject life insurance policy. This currently includes a requirement that the employee work at least 20 hours per week. 15.7 DEFERRED COMPENSATION 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 15 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 to the employee's Deferred Compensation account, in lieu of such medical care coverage. The contribution shall be made in accordance with the Employer's normal payroll processes, at the end of the last payroll period of the applicable month. 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 such 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 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. 15.8 HRA VEBA — The Employer shall establish, and enroll employees in, a HRA VEBA account and deposit, on an annualized basis, four hundred eighty dollars ($480) in each employee's account to be used for qualified medical expenses. The Employer's annual $480 contribution shall be divided into equal installments throughout the year on either a monthly or bi-monthly basis. Each employee shall contribute an annual matching amount of four hundred eighty dollars ($480) to be deducted from AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 18 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 employee paychecks on a pre-tax basis in equal monthly or bi-monthly installments. Effective the first full pay period after ratification of this Agreement by both parties, the Employer's annualized contribution shall be nine hundred and sixty dollars ($960) paid on a monthly or bi-monthly basis, and the employee's $40 monthly required match shall terminate. The employee shall be responsible for all fees charged by HRA VEBA for their respective account. HRA VEBA shall deduct these fees directly from each employee's respective account. ARTICLE 16.................. LAYOFFS 16.1 Layoffs shall be made in the following order: (1) temporary or provisional employees and then (2) regular officers by inverse order of seniority. Seniority is defined as the employee's most recent date of hire into a position covered by this Agreement. 16.2 Employees shall be provided not less than four (4) weeks written notice of layoff. ARTICLE 17 ..................UNIFORM ALLOWANCES 17.1 Uniform Allowance for Police: 17.1.1 The Employer will replace all items of uniform as deemed necessary by the Police Chief or designee. Work boots will be replaced or repaired, through the same supply system applicable to uniforms, when the Police Chief or designee, in their sole discretion, determines the boots are unserviceable, up to a maximum of $175 per pair. Employees must submit to the Employer's decisions. 17.1.2 The entire cost of uniform items and duty gear, including one pair of boots, will be provided by the City to a newly hired police officer upon appointment. Replacement of these items shall only be as designated by the Chief of Police or designee. 17.1.3 All clothing and equipment so furnished shall remain Employer property. 17.1.4 Uniform coat cleaning will be paid by Employer when authorized by the Chief of Police or designee. 17.1.5 The Employer will provide level 3A ballistic vests and will replace such equipment within thirty (30) calendar days prior to the manufacturer's expiration date. The City will also provide, as a one-time benefit, hard body armor approved by the Chief of Police or designee, up to a maximum cost of three hundred dollars ($300) per officer, upon their written request. The Employer shall replace body armor damaged in the line of duty. Body armor damaged due to negligence may be replaced at the Employee's expense. 17.2 The Employer shall pay up to $300 for the replacement or repair of prescription glasses/contacts when such items are lost or damaged in the line of duty, provided such loss or damage is not the result of employee negligence, less any amount covered by L&I. 17.2.1 The Employer shall pay for the fair market repair or replacement for a watch that is damaged or destroyed in the line of duty, through no fault of the employee, up to a maximum of one hundred dollars. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 19 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 17.3 Employees in the Detective assignment shall have an annual clothing allowance of $550.00 per calendar year paid each January, prorated for partial years of assignment. ARTICLE 18..................SAVINGS CLAUSE 18.1 All provisions herein are subject to existing law and should any provision of this Agreement be found to be in violation of any federal, state or local law, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event a section is found to be in violation, both sides shall meet to negotiate a new wording within thirty (30) days. 18.2 No Employer ordinance granting any employee a benefit shall be changed during the term of the Agreement which would reduce the benefits to the employee for the duration of this Agreement, unless agreed upon in writing by the parties. ARTICLE 19...............NO STRIKE CLAUSE 19.1 Per RCW 41.56.120, public employees are not permitted the right to strike or refuse to perform their assigned duties, and the Guild shall so counsel its members. 19.2 Any employee violating this Article shall be subject to immediate discharge or other disciplinary action as determined appropriate. ARTICLE 20 ..................DURATION AND NEGOTIATION NOTIFICATION 20.1 This Agreement shall be in full force and effect from January 1, 2022 through December 31, 2024. 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 desires to open collective bargaining discussion should be sent to the other party not less than 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 on desired changes. ARTICLE 21 ..................POLICIES 21.1 Any Department Policies covering mandatory subjects of bargaining may not be changed without first providing the Guild with written notice of the intended change and providing the Guild with a reasonable opportunity to respond. ARTICLE 22 ................. POLICE OFFICER INTERVIEW GUIDELINES AND RELATED MATTERS 22.1 The Employer retains the right to adopt rules for the operation of the Port Orchard Police Department and the conduct of its employees provided that such rules do not conflict with City Ordinances, AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 20 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 applicable Civil Service rules, or this Agreement. Unless otherwise specifically noted herein, nothing in this Article 22 shall be construed as limiting any of the Employer's management rights expressed in this Agreement. A. General Procedures It is essential that public confidence be maintained in the ability of the Employer to investigate and properly adjudicate complaints against its employees. Additionally, the Employer has the right and the responsibility to seek out and discipline those whose inappropriate conduct impairs the effective operation of the Employer. The rights of the employee, the Employer, as well as those of the public, must be protected. In criminal investigations, an employee shall be afforded those constitutional rights available to any citizen. In administrative investigations in which an employee will be interviewed concerning an act which, if proven, could reasonably result in disciplinary action involving a loss of pay against them, the employee will be afforded the safeguards set forth in this Article 22 and the employee shall also be subject to the obligations set forth in this Article. 2. Upon initiating an administrative investigation which could reasonably result in disciplinary action against an employee involving a loss of pay, the Employer will notify the subject employee in writing, unless such notification would endanger the investigation. To the extent possible, this notice will include a description of the general nature of the complaint. Upon receipt of this notice, the employee shall contact the Police Chief or Deputy Chief (or their designee) within five (5) calendar days for the purpose of scheduling an interview. The interview shall be held within ten (10) calendar days of the date of written notification unless the Employer determines it is appropriate to conduct the interview at a later date. Nothing in this Section or this Article shall preclude the Employer or its designee from investigating additional matters, allegations, and the like which come to light during the investigation process; in that event, the Employer shall provide the employee with written notice of the investigation of the additional matters or additional allegations. 3. The employee being interviewed as the subject of the investigation shall be afforded, upon request, the opportunity to consult with a Guild representative and/or attorney for the Guild. Up to two Guild representatives (including the Guild attorney) may be present at the interview of the subject employee. The interview may not be unduly delayed awaiting an unavailable Guild representative or Guild attorney. The subject employee will be informed in writing not less than forty-eight (48) hours prior to conducting the interview that the employee is the subject of an inquiry that may lead to disciplinary action that involves a potential loss of pay. This notice shall describe the general nature of the investigation and a summary of the factual allegation(s) sufficient to generally apprise the employee of the nature of the charge(s). 4. The employee under such investigation shall be informed of the name of the person in charge of the investigation and the persons to be present during the questioning of the employee during the interview. The employee shall be informed of the agency or investigative section that the investigator represents. 5. When possible, the interview of the subject employee shall be conducted at a reasonable hour, preferably when the employee is on -duty or during the normal waking hours for the AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 21 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY I, 2022 - DECEMBER 31, 2024 employees, unless the seriousness of the investigation requires otherwise. If the interview occurs during off -duty time of the subject employee, the employee shall be compensated for such off -duty time in accordance with Employer's regular procedures. 6. The interview of the subject employee shall take place at a location designated by the investigating officer, preferably at the Police Department unless another location is determined appropriate by the investigating officer. 7. The interview shall be for a reasonable period, taking into consideration the gravity and complexity of the issue(s) being investigated. Persons questioned shall be allowed to attend to their own personal physical necessities whenever reasonably possible. 8. The employee will be required to answer any questions involving non -criminal matters under investigation and will be afforded all rights to which the employee is entitled under this Agreement and Employer's rules and regulations. Prior to any interview where the employee is the subject of an administrative investigation, the employee shall be advised of the substance of the following: You are about to be questioned as part of an administrative investigation conducted by the City of Port Orchard Police Department or its designee. You are hereby ordered to answer the questions that are put to you that relate to your conduct and/or job performance, and to cooperate with this investigation. You are required to answer questions relating to the performance of your official duties or fitness for duties. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding. �. Employees shall not be subjected to objectively offensive language, nor shall investigators make promises or threats as an inducement to answer questions. Investigators may, however, explain the consequences to the subject employee for their refusal to answer questions and cooperate with the investigation (i.e., that such conduct constitutes an independent basis for disciplinary action, up to and including dismissal). 10. The Employer shall not require employees who are the subject of an investigation to be subjected to visits by the press or news media; nor shall their home address be given to the press or news media without the employee's consent (unless otherwise required by law). IL Unless otherwise specified herein, 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 as the Chief of the Port Orchard Police Department. 12. 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. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 22 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 13. It is the Employer's goal that all interviews and investigations be completed without unreasonable delay. After ninety (90) days have elapsed from the time the subject employee receives written notification that the employee is the subject of an administrative investigation, the employee or the employee's Guild representatives may contact the Chief of Police (or designee) and inquire when the Employer anticipates completing the subject investigation. The Employer shall timely respond to any such request and provide reasonable detail as to the status of the investigation and the reason for the delay. 14. Upon completion of the administrative investigation and the Employer's review of the case, the employee under investigation shall be informed of the results of the investigation i.e., whether the complaint determined unfounded, exonerated, not sustained, sustained, or other misconduct found. 15. Nothing in this Agreement shall preclude the Chief of Police or designee from ordering an employee member to cooperate with other agencies involved in criminal investigations. If a member fails to comply with such an order, the member shall be subject to disciplinary action, up to and including termination. This Section shall not be construed as requiring any employee to forgo their Constitutional right against self- incrimination. B. When the Investigation Results in Departmental Charges Being Filed After the investigation is completed and the findings are that the complaint has been sustained or other misconduct found, the employee will be furnished with a copy of the completed investigation report. The employee shall be advised of the investigation's findings and any future action to be taken on the incident. C. Use of Lethal Force When an employee, whether on or off -duty, uses lethal force, the employee shall not be required to make a written or recorded statement for seventy-two (72) hours after the incident except that immediately following the incident the employee shall verbally report to a superior a brief summary of the incident and any information necessary to secure evidence, control the scene, identify witnesses, apprehend suspects, or similar information necessary to preserve the safety of the public and fellow officers. Employees involved in the use of lethal force shall be allowed an opportunity to consult with a Guild representative or attorney prior to being required to provide a statement regarding that use of lethal force. The affected employee may waive the requirement to wait seventy-two (72) hours, or the employee or the Guild may request, to the Chief, a reasonable extension of the waiting period (which shall be subject to the Chiefs discretion). D. Personnel Records Employee personnel files are the property of the Employer. An employee's official personnel files shall be considered the official record of the employee's service. Employees shall be provided a copy of all material in their official personnel file upon request. The Employer shall give the employee a copy of discipline -related documents or evaluations that will be placed into their official personnel file. The employee shall have the right to attach statements in rebuttal or explanation to those documents. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 23 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 Discipline at the level of Written Reprimands will not serve as the basis for progressive discipline three (3) years after issuance of the discipline, unless the employee has subsequently been disciplined for similar misconduct demonstrating a pattern of behavior. 2. Employee personnel files will be maintained as confidential records to the extent required by applicable law. Access to the employee's personnel file will be limited to the employee, the employee's representatives upon written authorization from the employee (and presentation of proper identification), officials of the City and their designees (including the Employer's attorneys), and other persons, agencies, and entities as may be required or allowed under applicable law. It is understood that certain members of the Employer's staff will have access to employee personnel files and may need to review or update personnel files while conducting Employer business. 3. The Employer shall disclose information in personnel files to third parties in accordance with applicable law. Prior to disclosing personnel file documents (other than employment verification information) in response to a request under the Public Records Act, the Employer will give the affected employee and Guild notification of the request in accordance with RCW 42.56.250(12). 4. Nothing in this Agreement shall be construed as requiring the Employer to obtain the employee's consent to use their personnel files in any disciplinary proceeding or other litigation of any type involving the employee. No secret personnel file will be kept on any employee. This does not preclude, however, a supervisor from maintaining notes on an employee's job performance or a supervisory working file. For purposes of this Section, a "supervisory working file" may consist of material relevant to the preparation of the employee's performance evaluation and/or documentation of counseling sessions, commendations, training records, or other records/information related to an employee's performance. Material in the supervisory working file shall only include documents relevant to the completion of an employee's current performance evaluation. Upon completion of the evaluation, all material in the supervisory working file shall be returned to the employee or destroyed, unless otherwise required by law. 6. Nothing herein shall be construed as limiting any rights the Guild has under applicable law to access to records. E. Discipline 1. Prior to making a final determination of disciplinary action involving a loss of pay, the Employer shall notify the employee in writing of the contemplated discipline and, upon request, provide the employee with a copy of the completed investigative report if applicable. 2. The employee shall then have a minimum of three (3) working days to review the case. 3. A Loudermill meeting shall be conducted subsequent to the three (3) working day review period set forth above, unless the subject employee declines to participate in such a meeting. The employee will be afforded the opportunity to present any mitigating AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 24 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 evidence the employee deems pertinent; the employee may submit the information orally or in writing. The meeting may be recorded by either party. By operation of this Agreement, all participants to the meeting will be deemed to have already consented to being recorded. If a recording is made of the meeting, 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. The employee may be represented at the meeting by the employee's Guild representative(s), the total not to exceed two (2) people (including a Guild attorney, if any) for the employee. 4. Following a consideration of any additional information provided by the subject employee, the Employer shall make a final determination. The Employer shall notify the employee in writing of its final determination. Medical Examinations The Employer retains the right to require employees to submit to medical or psychological examinations when the Employer has objective evidence that could cause a reasonable person to inquire as to whether an employee is still capable of performing their job or poses a direct threat. Specifically, the Employer must have a genuine reason to doubt whether an employee can perform job -related functions. Any relevant medical history of the employee which the examining professional conducting a psychological evaluation requests shall be released by the employee only to the examining professional. The examining professional shall issue a written report to the Employer, as the client, provided however, the employee shall have the right to request a meeting with the examining professional to discuss the evaluation results and provided further that such report shall indicate only whether the employee is fit or unfit for duty and in the event an employee is unfit the expected prognosis and recovery period as well as any accommodations which could be made to allow an employee to return to duty. 3. If the employee believes that the conclusions of the examining professional are in error, the employee may obtain an additional examination at their own expense and the Employer will make reasonable efforts to provide the examining professional with documents which were utilized by the Employer's examining professional. 4. The Employer will undertake reasonable efforts to have the Employer's examining professional make themself available to answer appropriate questions by the examining professional who conducts the independent examination. 5. Should an employee grieve a disciplinary or discharge action taken as a result of an examination, the Employer and employee shall allow release of the examination and supporting documents upon which it relies for the action, and all other prior examinations of the employee for the sole purpose of administering the grievance. G. Bradv Designation 1. A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by the City against any officer solely because that officer's name has been placed on a Brady list, or that the officer's name may otherwise be subject to disclosure pursuant to Brady. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 25 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 2. The provisions of this subsection shall not prohibit the City from taking punitive action, denying a promotion on grounds other than merit, or taking other personnel action against an officer based on the underlying acts or omissions for which that officer's name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, if the actions taken by the City otherwise conform to this agreement. 3. Evidence that an officer's name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in this subsection. 4. Evidence that an officer's name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer's name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the arbitrator or other administrative appeal tribunal finds or determines that an officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that an officer's name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed. 5. For purposes of these subsections, "Brady list" means any system, index, list, or other record containing the names of officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady. ARTICLE 23 .................. GUILD ACTIVITIES 23.1 No more than two (2) Guild officers/members may attend proceedings or meetings relating to Guild business during their regular working hours. In all instances, before leaving the work area or otherwise devoting on -duty time to the performance of Guild business, the Guild officers/members shall notify their supervisor, obtain approval, and then notify their supervisor when they return to duty. ARTICLE 24.................. MISCELLANEOUS 24.1 INSURANCE SURCHARGE — When it is determined by the Safety Committee of the Employer that an employee charged with driving Employer vehicles has a poor driving record which causes a surcharge to be made on the Employees insurance policy, the Employer will not assume responsibility for this extra surcharge. The employee may elect to pay the extra surcharge personally or resign. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 26 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY I, 2022 - DECEMBER 31, 2024 ARTICLE 25 ................. TEMPORARY EMPLOYMENT 25.1 The Chief of Police shall have the authority to hire a police officer(s) on a temporary basis with a written agreement defining the length of employment. Termination of employment at the end of the employment term shall not be subject to the grievance or progressive discipline processes. 25.2 All temporary positions shall be entitled to the same rights, responsibilities, Guild security, and benefits as all full-time police officers, except as to seniority, which will not apply to the temporary position, except as set forth in Section 25.5 below. There shall be a one year probationary period. 25.3 If a temporary police officer position is occupied when a full-time police officer position becomes available, the temporary police officer shall have the option of transferring to the full-time position. There shall be no new probationary period if the temporary police officer transfers to a full-time position except to the extent that if the transfer occurs within one year of the date of hire the officer must complete the initial one year probationary period. 25.4 If there is more than one temporary position occupied when a full-time police officer position becomes available, the temporary police officer who has held the position the longest shall first have the option of transferring to the full-time position. 25.5 If a temporary police officer becomes a full-time police officer, without a break in service, then their date of hire for purposes of benefit accrual shall be the date they started as a temporary police officer and their seniority date shall be the date the employee becomes a full-time police officer. 25.6 If an officer is placed on special assignment with another agency or department and fails to return to duty with the Employer for at least one year after the special assignment has ended, then the officer shall reimburse the Employer $5,000 for the Employer's expenses associated with meeting supplemental staffing needs through temporary employees. ARTICLE 26 .................. TRAINING AND EDUCATION 26.1 Officers shall be eligible to receive the educational incentive pay of 2% of base pay per hour. The officer 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 3% of base pay per hour (4% effective the first full pay period after ratification of this Agreement by both parties), the officer must: (2) Have a bachelor's degree from an accredited college or university in an eligible course of study. The officer must provide an official transcript and diploma. The Mayor or designee will confirm/verify that the officer's request for educational incentive pay meets the requirements of this Article 26. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 27 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 IN WITNESS WHEREOF, the parties hereto have set their hands on this eday of —13—u„e__ 2022. CITY OF PORT ORCHARD Robert Putaansuu, Mayor ATTEST: Brandy W lace, MMC, City Clerk PORT ORCHARD POLICE GUILD ndrew Brandon, President AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 28 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 APPENDIX A Rates of pay will be as follows: For each year of the Agreement, the new pay rates will go into effect on the first full pay period on or after January 1 of the pay rate year, or the first full pay period after this Agreement is ratified by both parties, whichever occurs later. Rates of pay for 2022 shall reflect an increase of five and one-half percent (5.5%) effective the first full pay period on or after January 1, 2022 or the first full pay period after this Agreement is ratified by both parties, whichever occurs later. In addition, in the first available pay period after this Agreement is ratified by both parties, all members of the bargaining unit who worked in 2022 prior to the ratification of this Agreement will be eligible for a lump sum of $2,500.00, subject to payroll withholdings. Members of the bargaining unit eligible for the lump sum who retired prior to ratification of the Agreement will receive the full amount. Members of the bargaining unit eligible for the lump sum who resigned or separated from service for reasons other than retirement prior to ratification will receive a pro-rata amount of the lump sum based upon their length of service in 2022. PATROL OFFICERS 2022 2023 2024 After 36 mos. from DOH 44.89 47.58 49.48 After 24 mos. from DOH 41.26 43.74 45.49 After 18 mos. from DOH 39.39 41.75 43.42 After 12 mos. from DOH 37.68 39.94 41.54 Commission Date 36.26 38.44 39.98 Date of Hire 32.69 34.65 36.04 New employees hired on or after January 1, 2023 shall be placed on the wage scale below. New employees shall be placed on Step 1 on their Date of Hire and shall progress to Step 2 upon Graduation from the Academy, with subsequent steps occurring every 12 months thereafter. Lateral employees may be placed up to Step 5 in recognition of previous work experience on a year-to-year basis, with subsequent step(s) occurring every 12 months thereafter. For purposes of the new wage scale, the term "lateral" includes employees who are Washington certified peace officers but do not meet civil service requirements to be a lateral hire. PATROL OFFICERS 2022 2023 2024 Step 6 44.89 47.58 49.48 Step 5 41.26 43.74 45.49 Step 4 39.39 41.75 43.42 Step 3 37.68 39.94 41.54 Step 2 36.26 38.44 39.98 Step 1 1 32.69 34.65 36.04 *Rates of pay for 2023 shall reflect an increase of six percent (6%) effective the first full pay period on or after January 1, 2023. * Rates of pay for 2024 shall reflect an increase of four percent (4%) effective the first full pay period on or after January 1, 2024. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 29 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024 *This Agreement is conditioned on acceptance of the city's Body Camera Policy and implementation of body cameras. AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 30 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY I, 2022 - DECEMBER 31, 2024 APPENDIX B Employee Medical Insurance Premiums for LEOFF TRUST Plan and Kaiser Permanente Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction. 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). Half of the employee's portion shall be deducted from each paycheck in the month when possible. In months with three (3) paychecks, the deductions will be taken from the second and third checks in the month. The monthly dollar amount employees are required to pay for each of the subject medical plans will be calculated using the employee premium percentage (as represented by the table) multiplied by the medical premium per year: 2022-2024 Employee Premium Percentage LEOFF Trust Plan FX Employee Only 5.92% Employee/Spouse 6.11 % Employee Spouse/1 Dependent 6.08% Employee Spouse/2 or more Dependents 6.12% Employee and 1 Dependent 8.35% Employee and 2 or more Dependents 8.03% Kaiser Permanente 200 Employee Only 4.60% Employee/Spouse 5.11 % Employee S ouse/] Dependent 5.66% Employee Spouse/2 or more Dependents 5.80% Employee and 1 Dependent 6.76% Employee and 2 or more Dependents 7.04% AGREEMENT (PATROL OFFICER EMPLOYEES) PAGE 31 OF 31 CITY OF PORT ORCHARD/PORT ORCHARD POLICE GUILD JANUARY 1, 2022 - DECEMBER 31, 2024