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052-19 - Ordinance - Agreed Modification in the Collective Bargaining Agreements with Police GuildoRDtNANCE NO. O52-t9 AN ORD NANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE AGREED MOD FICATION OF A PROVISION CONTAINED IN BOTH THE CITY'S COLLECTIVE BARGAINING AGREEMENTS WITH THE POL CE GUILD REPRESENT NG PATROL OFFICERS AND THE POt CE GUILD REPRESENTING SERGEANTS; PROVIDING FOR SEVERAB tlTY AND PUBL CATION; AND SETTING AN EFFECT VE DATE. WHEREAS, Washington state adopted a new paid sick Ieave Iaw effective January L,2OL8, which has been interpreted to disallow employment policies that may act to penalize an employee for the use of paid sick leave; and WHEREAS, City staff has determined that a provision in the two Port Orchard Police Guild ("Guild") collective bargaining agreements ("CBAs") could be interpreted to be such a penalty, and the parties have agreed to update the CBAs to address this potential issue; and WHEREAS, during negotiations, the parties did not update the Guild CBAs to reflect the current City policy of allowing employees who serve on jury duty to keep their daily jury duty pay; and WHEREAS, the City desires to make the contracts consistent with City policy, and the parties have agreed to update the CBAs to address this issue; and WHEREAS, the City and the Guild are in agreement that the proposed revisions to the CBAs are in the best interest of both parties; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASH NGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby authorizes the Mayor Pro-Tem to sign a Memorandum of Understanding with the Police Guild representing the Patrol Officer Employees to modifythe language of Article L0.7.2 and Article 14.1 of the 2OL9-2O2L collective bargaining agreement to reflect the language as presented in the Memorandum of Understanding which is attached hereto as Exhibit A. SECTION 2. The Ci ty Council hereby authorizes the Mayor Pro-Tem to sign a Memorandum of Understanding with the Police Guild representing the Sergeant Employees to modify the language of Article LO.7.2 and Article 14.1 of the 2019-2O2L collective bargaining agreement to reflect the language as presented in the Memorandum of Understanding which is attached hereto as Exhibit B. Ordinance No. 052-19 Page 2 of 2 Severabilitv. lf any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECT ON 4. Publication.This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. Effective Date. This Ordinance shalltake effect and be in full force and effect five days after publication, as provided by Iaw. PASSED bythe City Council of the City of Port Orchard, APPROVED bythe Mayor Pro-Tem and attested by the Clerk in authentication of such passage this 12th day of November 2019. Bek Ashby, Mayor Pro-Tem ATTEST:SPONSOR: Brandy Rinearsor, MMC, City Clerk J n Clauson,uncilmember APPROVED AS TO FORM: Cates, City Attorney rl PU BLISH ED: EFFECTIVE DATE: Novemb er 22, 2OL9 Novemb er 27 , 2Ot9 Memorandum of Understanding Amended to the AGREEMENT by and between CITY OF PORT ORCT{ARD, WASHINGTON and PORT ORCHARD POLICE GUILD (Representing Patrol Officer Employees) dated January I .2019 through December 3 1,2021 THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF PORT ORCHARD. WASHINGTON (the "City") and the PORT ORCHARD POLICE GUILD (the "Guild") (representing Patrol Officer Employees), dated January l,2Ol9 through December 31. 2021. WHEREAS, on January l. 201 8, a paid sick leave law went into effect for employers in the state of Washington; and WHEREAS, the City provides for sick leave accrual in an amount greater than the minimum required by state law; and WHEREAS, the sick leave law has been interpreted to disallow employment policies that may act to penalizr an employee for the use of paid sick leave; and WHEREAS. the current contract language in 10.7.2 may be interpreted to negatively impact an employee using protected paid sick leave made available under the state law; and WHEREAS. RCW 2.36.150 provides that payments received by jurors from the court for each day's attendance constitute "expense payments"; and WHEREAS, the City had previously adopted a City policy providing that employees who receive such jury duty "expense payments" may keep the payment check; and WHEREAS, the City did not make this administrative correction during contract negotiations to establish a consistent practice across the City; NOW THEREFORE. the Ciqv and the Guild have entered into this Memorandum of Understanding ("MOU") to revise Article 10-7.2 and 14.1 of the contract to read as follow's: 10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3 above), the employee must work his/trer 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. l4.l CIVIL LEAVE - Any necessary leave may be allowed by the Director of a Department to permit any employee to serve as a member of a jury. Each employee who is granted such leave and who, for the perforrnance of the j.,.y duties involved received any compensation shall b€ paid by the Employer for the time he/she is absent The City does not require employees to remit payments for jury duty service to the City, including for periods of paid leave. PORT ORCHARD POLICE GUILD Date CITY OF PORT ORCTIARD Ashby, Mayor I Date {,l_ Memorandum of Understanding Amended to the AGREEMENT by and between CITY OF PORT ORCHARD, WASHTNGTON and PORT ORCHARD POLICE GUILD (Representing Sergeant Employees) dated January l. 2019 through December 31,2021 THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF PORT ORCHARD. WASHINGTON (the "City") and the PORT ORCHARD POLICE GUILD (the "Guild") (representing Sergeant Employees), dated January 1,2019 through December 3l ,2021 . WHEREAS, on January l,2Ol8, a paid sick leave law went into effect for employers in the state of Washington; and WHEREAS, the City provides for sick leave accrual in an amount greater than the minimum required by state law; and WHEREAS. the sick leave law has been interpreted to disallow employment policies that may act to penalize an employee for the use of paid sick leave; and WHEREAS. the current contract language in 10.7.2 may be interpreted to negatively impact an employee using protected paid sick leave made available under the state law; and WHEREAS, RCW 2.36.150 provides that payments received by jurors from the court for each day's attendance constitute "expense payments", and WHEREAS, the City had previously adopted a City policy providing that employees who receive such jury duty "expens€ payments" may keep the payment check; and WHEREAS, the City did not make this administrative correction during contract negotiations to establish a consistent practice across the City; NOW THEREFORE, the City and the Guild have entered into this Memorandum of Understanding ("MOU") to revise Article 10.7.2 and l4.l of the contract to read as follows: 10.7.2 In order to be eligible to receive "holiday pay" (described in Section 10.3 above), the employee must work his/trer 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. l4.l CNIL LEAVE - Any nec€ssary leave may be allowed by the Directorof a Department to permit any employee to serve as a member of a jury. Each employee who is granted such leave and who, for the perforrnance of the jury duties involved received any compensation shall be paid by the Employer for the time he/she is absent. The City does not require employees to remit payments forjury duty service to the City, including forperiods of paid leave. POR'[ ORCHARD POLICE GUILD Nathan I Date OF PORT ORCHARD Ashby. Mayor Pro-Tem ll- l3-t Date e_ CITY 1