HomeMy WebLinkAboutR-2001-127 Yakima Police Patrolmans Association (YPPA) Collective Bargaining Agreement 2001-2003RESOLUTION NO. R-2001- 127
A RESOLUTION authorizing and directing the City Manager and City Clerk of
Yakima to execute a collective bargaining agreement for calendar
years 2001, 2002 and 2003 with the Yakima Police Patrolmans
Association (YPPA).
WHEREAS, pursuant to requirements of state law, labor negotiations have
occurred between the City and Yakima Police Officers and Sergeants represented by
the Yakima Police Patrolmans Association (YPPA), resulting in the attached
collective bargaining agreement for calendar years 2001, 2002 and 2003, and
WHEREAS, the City Council deems it to be in the best interests of the City
that such collective bargaining agreement be executed by the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby authorized
and directed to execute the collective bargaining agreement for calendar years 2001,
2002 and 2003 with the Yakima Police Patrolmans Association (YPPA), copies of
which collective bargaining agreement is attached hereto and by reference made part
hereof.
ADOPTED BY THE CITY COUNCIL this day of September, 2001.
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ATTEST:
CITY CLERK
RY PLACE, MAYOR
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COLLECTIVE BARGAINING AGREEMENT
by and between
CITY OF YAKIMA
and
YAKIMA POLICE PATROLMANS ASSOCIATION
Effective January 1, 2001 through December 31, 2003
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT 3
ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES 4
ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS 4
ARTICLE 4 - ASSOCIATION SECURITY 5
ARTICLE 5 - NON-DISCRIMINATION 6
ARTICLE 6 - COLLECTIVE BARGAINING 6
ARTICLE 7 - GRIEVANCE PROCEDURE 7
ARTICLE 8 - BUSINESS LEAVE 9
ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT 10
ARTICLE 10 - MANAGEMENT RIGHTS 10
ARTICLE 11 - EMPLOYEES' RIGHTS 11
ARTICLE 12 - WAGES 15
ARTICLE 13 - SHIFT HOURS 13
ARTICLE 14 - VACATIONS 20
ARTICLE 15 - SENIORITY SYSTEM 21
ARTICLE 16 - HOLIDAY ASSIGNMENT 22
ARTICLE 17 - HOLIDAYS WITH PAY 22
ARTICLE 18 - UNIFORM CLEANING AND ISSUE 23
ARTICLE 19 - CLOTHING ALLOWANCE 24
ARTICLE 20 - LIFE INSURANCE 24
ARTICLE 21 - HEALTH INSURANCE 24
ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE 25
ARTICLE 23 - DIFFERENTIAL PAY 26
ARTICLE 24 - SICK LEAVE 27
ARTICLE 25 - TRANSPORTATION 25
ARTICLE 26 - DISPATCHERS 32
ARTICLE 27 - TRAVEL AND TRAINING TIME 27
ARTICLE 28 - GENERAL, SPECIAL AND PERSONNEL ORDERS 33
ARTICLE 29 - ADVANCE NOTICE OF SHIFT CHANGE 33
ARTICLE 30 - IMPROVED PERFORMANCE AND EFFICIENCY 34
ARTICLE 31 - SAVINGS CLAUSE 34
ARTICLE 32 - WITNESS -CIVIL SERVICE BOARD 34
ARTICLE 33 - PHYSICAL FITNESS 34
ARTICLE 34 - DEFERRED COMPENSATION 35
ARTICLE 35 - MILITARY & CIVIL LEAVE 35
ARTICLE 36 - SECURITY DETAIL PAY 35
ARTICLE 37 - OFF-DUTY EMPLOYMENT 36
ARTICLE 38 - DURATION 38
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COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF YAKIMA AND
YAKIMA POLICE PATROLMANS ASSOCIATION
THIS AGREEMENT, is made and entered into by and between the City of Yakima,
Washington, hereinafter called the City, and the Yakima Police Patrolmans
Association, hereinafter called the Association.
WITNESSETH:
WHEREAS, Chapter 41.56 of the Revised Code of Washington (hereinafter RC W
41.56) contemplates the execution of collective bargaining agreements between cities
and collective bargaining representatives of government employees, the intent and
purpose of such chapter being the promotion of the continued improvement of the
relationship between the public employers and their employees by providing a
uniform basis for implementing the right of employees to join labor organizations
of their own choosing and to be represented by such organizations in matters
concerning their employment relations with public employers, and
WHEREAS, the parties to this agreement recognize that benefits accrue to
employees of the City by virtue of their Association membership, and that the best
interests of the government and people of the City of Yakima are served by the
City's official recognition of the Association,
NOW, THEREFORE, pursuant to RCW 41.56, and in accordance with the intent and
purpose thereof, and for the purpose of promoting the morale, well-being and
security of the employees of the Yakima Police Department represented by the
Association, and for the purpose of promoting the general efficiency of the
government of the City of Yakima, the parties hereto agree as follows:
ARTICLE 1- RECOGNITION OF ASSOCIATION/BARGAINING UNIT
The City hereby recognizes the Association as the exclusive bargaining
representative of employees within the bargaining unit, which consists of all full-
time regular police officers, including probationary police officers, of the Yakima
Police Department except those persons appointed to positions above the rank of
Sergeant.
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ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES
Collective bargaining between the parties shall be carried out by the City Manager, or
his designates, on behalf of the City Council, and a person or persons representing
the Association. The Secretary of the Association shall notify the City Manager in
writing of the names of the person or persons representing the Association for
collective bargaining purposes and the City Manager shall notify the Association of
his designates in a similar manner.
ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS
Section 1 - Association Membership, T.._.adh employee within the bargaining unit -
s
eligible to become and remain an Association member. However, active
Association membership shall not be open to those employees of the Yakima Police
Department permanently appointed to the positions excepted from the bargaining
unit by Article 1 of this Agreement. In the event an Association member is
permanently appointed to any position excepted from the bargaining unit, active
Association membership shall thereupon be closed to him and he shall
immediately discontinue active Association membership.
Section 2 - Payroll Deductions. The City agrees to deduct Association membership
fees, dues and other assessments by the Association against its members within the
bargaining unit from the pay of those members who authorize the City to do so in
writing. The Secretary of the Association shall forward signed authorization cards
to the Finance Officer of the City setting forth the amounts to be deducted from the
pay of each such person. The City shall transmit to the Treasurer of the Association
the aggregate of such deductions during each calendar month, together with an
itemized statement, on or before the 20th day of each month following the month
for which such deductions are made. In the event the City receives a written notice,
signed by any person from whose pay such deductions are being made, that no
further deductions are to be made, the City shall make no such deductions from any
pay earned by that person after receipt by the City of such notice. The City shall
notify the Secretary of the Association of all such notices received by the City, which
notification to the Association shall be given in writing no later than the next
working day after the receipt of such notice by the City and shall include the name of
the person involved. The Association agrees to defend, at the expense of the
Association, any claim, allegation, cause of action, or lawsuit against the City arising
from the above cited deductions or the transmittal of such deductions to the
Association, except one brought by the Association for failure of the City to comply
with the terms of the Agreement.
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ARTICLE 4 - ASSOCIATION SECURITY
It shall be a condition of employment that all employees covered by this Agreement
who are members of the Association in good standing on the effective date of this
Agreement shall remain members in good standing. It shall also be a condition of
employment that all employees covered by this Agreement and hired on or after its
effective date shall, on or before the thirty-first (31st) day following the beginning of
such employment, become and remain members in good standing of the
Association.
All employees covered by this Agreement, except new employees during the first
thirty-one (31) days of their employment, shall be required to be and remain
members in good standing of the Association.
The City shall discharge any employees as to whom the Association, through its
authorized representative, delivers to the City a written notice that such employee is
not in good standing in conformity with this Article. Upon receipt of a notice
requesting termination of an employee who has not become or remained a member
in good standing of the Association, the City shall immediately notify such
employee that if he has not complied with the Association membership
requirements of this Agreement within fifteen (15) days, his employment shall
automatically be terminated. The Association agrees to withdraw any letter of
termination if the employee, in respect to whom such letter has been served, shall
complete his membership requirements within the time limit specified heretofore.
Any employee having objections to Association membership, based on bona fide
religious tenets or teachings of a church or religious body of which he is a member,
shall pay an amount of money equivalent to regular Association dues and initiation
fees to a non -religious charity or to another charitable organization mutually agreed
upon by the objecting employee and the Association. Written proof of payment
shall be given to the authorized representative of the Association.
If an employee for any reason does not wish to be a member of the Association, that
employee shall proportionately and fairly share in the cost of the collective
bargaining process. Therefore, the cost for such bargaining unit member shall be
fixed proportionately at the amount of dues uniformly required of each member of
the bargaining unit to defray the cost of services rendered in negotiating and
administering this Agreement. Payment of a maintenance fee in this amount shall
be in lieu of another obligation under this Article.
Indemnification. The Association shall indemnify, defend, and hold the Employer
harmless from all suits, actions, proceedings and claims against the City or persons
acting on behalf of the Employer, whether for damages, compensation,
reinstatement or any combination thereof arising from the sole application of this
Article of this Agreement. In the event that any part of Article III shall be declared
invalid or that all or any portion of the monthly service fee must be refunded to any
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non-member, the Association and its members shall be solely responsible for such
reimbursement.
ARTICLE 5 - NON-DISCRIMINATION
It is the policy of the City of Yakima and the Association not to discriminate against
any employees or applicants for employment because of race, color, religion, age, sex,
physical, mental, or emotional handicap or national origin. It is not the intent of
management to lower employment standards or hire individuals incapable of
performing the required tasks of the job classification.
Nothing 1=this section s1n.11
occupational qualifications.
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ARTICLE 6 - COLLECTIVE BARGAINING
Section 1. All matters pertaining to wages, hours and working conditions, except as
otherwise provided in this Agreement, shall be established through the negotiation
procedure.
Section 2. Each year the Association shall submit to the City Manager and the City
Manager shall submit to the Association a written proposal for any changes in
matters pertaining to wages, hours or working conditions desired for the subsequent
year. The written proposals of the Association shall be submitted no later than July
lst, and the City's proposal shall be submitted no later than July 10th. The former
date shall be considered the formal commencement of negotiations. The
Association and the City shall follow the collective bargaining procedure set forth in
RCW 41.56, unless they mutually agree to waive said procedure in whole or in part.
Commencement of mediation or arbitration as therein provided shall not prevent
the parties from entering into negotiations seeking to resolve any differences during
the pendency of mediation or arbitration. Any agreements reached during such
negotiations shall be reported to the appropriate panel, and thereafter shall not be
considered by said panel.
All agreements reached not otherwise included in this Collective Bargaining
Agreement shall be reduced to writing in a separate Memorandum of Agreement
which shall be signed by the City Manager and the Association's representative.
Section 3. One copy of the preliminary City Budget for each year shall be delivered
to the Association or the Association shall be given written notice where it may
obtain same, as soon as said preliminary budget is printed. One copy of the adopted
annual budget shall be delivered to the Association.or the Association shall be given
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written notice where it may obtain same as soon as the adopted annual budget is
printed.
ARTICLE 7 - GRIEVANCE PROCEDURE
Section 1- Policy. The parties recognize that the most effective accomplishment of
the work of the City requires prompt consideration and equitable adjustments of
employee grievances. It is the desire of the parties to adjust grievances informally
whenever possible, and both supervisors and employees are expected to make every
effort to resolve problems as they arise. However, it is recognized that there may be
grievances which can be resolved only after a formal review. Accordingly, the
following procedure is hereby established in order that grievances of employees
covered by this agreement may be resolved as fairly and expeditiously as possible.
Section 2 - Grievance Defined. A grievance is a dispute involving the
interpretation, application or alleged violation of any specific provisions of this
Collective Bargaining Agreement.
Section 3 - Special Provisions.
(a) To be reviewable under this procedure, a grievance must be filed in
writing within thirty (30) calendar days after the action or decision
giving rise to the grievance.
(b)
The term "employee" as used in this Article shall mean the
Association, individual employee, or group of employees,
accompanied by a representative if so desired.
(c) An Association officer and/or aggrieved party shall be granted time off
without loss of pay for the purpose of processing a grievance.
(d) The Association may initiate or process grievances with or without the
consent of an individual employee.
(e) A grievance may be entertained in or advanced to any step in the
grievance procedure if the parties so jointly agree. In the event the
grievance relates to discipline greater than a written reprimand, the
parties agree to forego the initial steps and file the grievance directly
with the Chief of Police.
(f)
The time limits within which action must be taken or a decision made
as specified in this procedure may be extended by mutual written
consent of the parties involved. A statement of the duration of such
extension of time must be signed by both parties involved at the step to
be extended. Failure of either party to meet the time limit or extended
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(g)
time limit for responses or appeals shall render the decision in favor of
the other party.
Any grievance shall be considered settled at the completion of any steps
if all parties are satisfied or if neither party presents the matter to a
higher authority within the prescribed period of time. If the grievance
is not appealed as prescribed the issues shall be deemed withdrawn.
(h) If an employee seeks a Civil Service Remedy then said employee
waives all rights to use the grievance procedure. If an employee uses
the grievance procedure then said employee waives all rights to use the
Civil Service Procedures. No later than the thirtieth (30th) calendar
d , fte the ctio,, rlecisior, giving rise the grievance, the
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employee must make an election of remedies as set forth in this
section.
Section 4 - Procedure.
(a) Written Grievance to Immediate Superior. As soon as possible, but in
no case later than thirty (30) calendar days after an employee has been
made reasonably aware of a wrongful act charged, an employee shall
first reduce his grievance to writing and discuss it with his immediate
superior. Said superior shall make an investigation of the relevant
facts and circumstances of the complaint and provide a written
decision, and the reasons therefore, within seven (7) calendar days.
(b)
Written Grievance to Division Lieutenant. If the grievance is not
resolved in Step 1, then the written grievance may be submitted by the
employee to the Division Lieutenant within seven (7) calendar days of
receipt of the written decision of the immediate superior. The
Division Lieutenant shall hear the grievance and forward a written
decision and the reason therefore, to the employee within seven (7)
calendar days after receipt of the grievance. In the event there is no
Lieutenant in the employee's chain of command, the grievance shall be
filed with the Captain.
(c) Written Grievance to Division Captain. If the grievance is not
resolved in Step 2, then the written grievance may be submitted by the
employee to the Division Captain within seven (7) calendar days of
receipt of the written decision of the immediate supervisor. The
Division Captain shall hear the grievance and forward a written
decision, and the reasons therefore, to the employee within seven (7)
calendar days after receipt of the grievance.
(d) Grievance Appealed to Police Chief. An employee who is dissatisfied
with the decision of the Division Captain may submit the grievance i n
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writing within ten (10) calendar days to the Police Chief. The Police
Chief shall make a separate investigation and notify the employee in
writing of his decision, and the reasons therefore, within ten (10)
calendar days after receipt of the employee's grievance.
(e) Grievance Appealed to City Manager. An employee who is dissatisfied
with the decision of the Chief of Police may request a review by the City
Manager by submitting a written request to him. Such request shall be
submitted within ten (10) calendar days after receipt of the decision
from the Chief of the Police. The City Manager shall make a separate
investigation and notify the Employee in writing of his decision, and
the reasons therefor, within forty-five (45) calendar days.
(f)
Arbitration. The Association shall notify the City Manager within
forty-five (45) calendar days of the date the City Manager issues his
decision in Section 7(4)(e) of this Collective Bargaining Agreement if
the Association desires to submit the grievance to arbitration as the
final step in the grievance procedure. In the event the parties are
unable to mutually agree upon an arbitrator, either party may request a
list from the Public Employment Relations Commission for eleven (11)
qualified arbitrators. The parties shall select an arbitrator from the
applicable list by mutually agreeing to an arbitrator or by alternately
striking names. The parties shall flip a coin to decide who starts the
striking process. The final name left on this list shall be the arbitrator.
The arbitrator's decision shall be final and binding but the arbitrator
shall have no power to alter, modify, add to or subtract from the terms
of this agreement.
ARTICLE 8 - BUSINESS LEAVE
Section 1. Members representing the Association, not exceeding three (3) in
number, shall be granted leave from duty without any loss of pay during the pre -
impasse period as provided in RCW 41.56, for all meetings between the City and the
Association for the purpose of negotiating the terms of a contract, when such
meetings take place at a time during which any such members are scheduled to be
on duty.
Section 2. Members representing the Association, not exceeding three (3) in
number, shall be granted leave from duty without any loss of pay during the post -
impasse period as provided in RCW 41.56, for meetings between the City and the
Association for purposes of negotiating a contract or attendance at mediation, or
arbitration hearings when such activities take place at a time during which any such
members are scheduled to be on duty; provided, however, that the cumulative total
of all such paid leave during the post -impasse period shall not exceed fifteen (15)
days.
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Section 3. Such officers and members of the Association as may be designated by the
Association, not to exceed two (2) in number at any one time, shall be granted leave
from duty without pay for Association business, such as attending labor
conventions and educational conferences regarding collective bargaining, provided
that notice of such conventions or conferences shall be given at least one (1) week
prior thereto to Chief of the Police Department, and provided further that the total
leave for the bargaining unit for the purposes set forth in this section shall not
exceed fifteen (15) days in any fiscal year.
Section 4. Officers and members of the Association on business leave, either paid or
unpaid, will list the date, place and nature or reason for leave on forms required by
the Chief of Police, to enable the Chief to verify the legit macy of such absenrP
ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT
To assist the City during the term of contract negotiations, the Association
Chairman, if a member of the negotiating committee, shall be assigned to an
appropriate day shift. During the balance of the term of the contract the Association
shall submit to the Chief of Police a list of not less than three (3) names of members
(which may include the Chairman), authorized to handle a grievance, and the Chief
shall schedule at least one (1) of these on an appropriate day shift.
ARTICLE 10 - MANAGEMENT RIGHTS
The City recognizes that the exercise of management rights shall not conflict with
specific provisions of this agreement. The Association recognizes the exclusive
right and prerogative of the City to make and implement decisions with respect to
the operation and management of the Police Department. Such rights and
prerogatives include, but are not limited to, the following:
(1) Establish, plan for, and direct the work force toward the goals of the
City with regard to police services.
(2) Determine the organization, and the merits, necessity and level of
activity or service provided to the public.
(3) Determine the City budget and financial policies including accounting
procedures.
(4) Determine the procedures and standards for hiring and promotion
consistent with Civil Service rules and regulations and the City
Charter. However, if the Employer seeks to change Civil Service rules,
then the parties will bargain about those changes.
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(5)
Determine and direct, from time to time, transfers and assignments of
personnel to and from different duties, responsibilities and/or
Departments.
(6) Decision to lay off personnel due to lack of work, lack of funds or
reorganization.
(7) Discipline personnel for just cause.
(8) Determine and direct, from time to time, the retention or
discontinuance of positions and classifications.
(9) Determine, from time to time, job descriptions, duties of personnel and
job classifications.
(10) Determine the methods, means, equipment, numbers and kinds of
personnel necessary to effectively and efficiently provide police and
related services to the public.
(11) Determine and change the number and locations and types of
operations, processes and materials to be used in carrying out all City
functions.
(12) Assign work to and schedule employees in accordance with
classifications and position descriptions, and to establish and change
work schedules in accordance with Article 13.
(13) Take necessary actions to carry out the mission of the City in
emergencies. An emergency is defined as a sudden, unforeseen event
which threatens the public health or safety.
(14) Assign incidental duties reasonably connected with but not necessarily
enumerated in job descriptions which shall nevertheless be performed
when requested to do so by the Employer.
The exercise of management rights shall not interfere with the Association's
statutory right and duty to be the exclusive representative for bargaining unit
employees.
ARTICLE 11- EMPLOYEES' RIGHTS
No employee shall, by reason of his employment, be deprived of any rights or
freedoms which are afforded to other citizens of the United States by the United
States Constitution.
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The employee will be required to answer any questions involving non -criminal
matters under investigation. Prior to any questioning, the employee will be notified
in writing and acknowledge receipt of the following:
"You are about to be questioned as part of an internal investigation being
conducted by the Police Department. You are hereby ordered to answer the
questions which are put to you which relate to your conduct and/or job
performance and to cooperate with this investigation. 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
but willnot be e introduced evidence in criminal
purposes ✓Lit usC�t or into S. _SA __e_� a
proceeding."
Section 1 - Discipline and Discharge. All discipline must be based upon just cause.
Any discipline shall be imposed in a manner least likely to embarrass the employee
before the public or other employees. Any disciplinary action imposed upon an
employee may be the basis for a grievance through the regular grievance procedure.
Disciplinary actions or measures shall include the following: oral admonitions and
warnings; written reprimand or written letters of warning; transfer for disciplinary
reasons; suspension; demotion, or discharge. Discipline shall be progressive in
nature where appropriate.
Section 2 - Bill of Rights. All employees within the bargaining unit shall be entitled
to the protection of what shall hereafter be termed as the "Police Officers Bill of
Rights." The wide ranging powers and duties given to the Department and its
members involve them in all manner of contacts and relationships with the public.
Of these contacts come many questions concerning the actions of members of the
force. These questions often require an immediate investigation by superior officers
designated by the Chief of Police. In an effort to ensure that these investigations are
conducted in a manner which is conducive to good order and discipline, the
following guidelines are promulgated.
(a) Notification of formal internal investigation. Whenever the Chief of
Police or the designated alternate of the Chief of Police decides to
conduct a formal internal affairs investigation, any employee who is
the subject of the complaint shall be informed in writing of the nature
of the investigation, and advised of the rights of the employee at least
twenty-four (24) hours before any interview of the employee begins.
The affected employee may waive the requirement to wait twenty-four
(24) hours. Written notice shall include sufficient information
necessary to reasonably apprise the employee of the allegations of such
complaint. apprise
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(b)
Recording Interviews. The Association stipulates that the interview of
an employee during an investigation shall be recorded and a copy
provided to each party. If the employee objects to tape recording the
interview, a court stenographer will be used and the expenses for
stenography and transcription with two copies will be divided equally
between the City and the employee as a condition of employment. The
employee's portion of those expenses shall be deducted from his/her
next paycheck.
(c) Any interview of an employee shall be at a reasonable hour, preferably
when the employee is on duty, unless the exigencies of the
investigation dictate otherwise. Where practicable, interviews shall be
scheduled for the day time.
The interview, which shall not violate the employee's constitutional
rights, shall take place at the Yakima Police Station facility, except
where impractical. The employee shall be afforded the opportunity
and facilities to contact and consult privately with an attorney of the
employee's own choosing and/or a representative of the Association.
Said employee's attorney and/or Association representative and/or
Association attorney may be present during the interview but shall not
participate in the interrogation except to counsel the employee,
provided that the Association representative, employee attorney or
Association attorney may participate to the extent permitted by the law.
(d) The questioning shall not be overly long and the employee shall be
entitled reasonable intermissions as the employee shall request for
personal necessities, meals, telephone calls and rest periods.
(e) The employee shall not be subjected to any offensive language, nor
shall the employee be threatened with dismissal, transfer, or other
disciplinary punishment as a guise to obtain the resignation of the
employee nor shall the employee be intimidated in any manner. N o
promises or reward shall be made as an inducement to answer
questions.
(f)
(g)
It shall be unlawful for the City to require any employee covered by this
agreement to take or be subjected to any polygraph or any polygraph
type of examination as the condition of continued or continuous
employment or to avoid any threatened disciplinary action.
Disclosure of Investigation. No later than five (5) business days
(Monday through Friday) prior to a pre -disciplinary hearing, the
employee shall be advised of the results of the investigation and the
recommended disposition and shall be furnished a complete copy of
the investigation report, provided that the Employer is not required to
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release statements made by persons requesting confidentiality where
the request was initiated by such persons, and provided further, such
confidential statements may not be relied upon to form the basis of
discipline. The employee and any representative of the employee are
prohibited from contacting any witnesses or complainants in the
investigation until such time as disciplinary action is actually taken.
(h) Use of Deadly Force Situations. When an employee, whether on or off
duty, uses deadly force which results in the injury or death of a person,
or discharges a firearm in which no injury occurs, the employee shall
not be required to make a written or recorded statement for twenty-
four (24) 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, identify witnesses, or apprehend suspects. The affected
employee may waive the requirement to wait twenty-four (24) hours.
Psychological or Medical Evaluations. When there is probable cause to
believe that an employee is psychologically or medically unfit to
perform his/her duties, the employer may require the employee to
undergo a psychological or medical examination in accordance with
current standards established by the Washington Association of
Sheriff's and Police Chiefs, the International Association Chiefs of
Police, the American with Disabilities Act, and other applicable State or
Federal Laws. Consultations with the City's Employee Assistance
Program are not considered psychological or medical examinations.
Personnel Records. The Police Department shall maintain only one
working personnel file for each employee. The City Human Resources
Division will retain the permanent personnel file. This does not
preclude a supervisor from maintaining notes regarding an employee's
performance, or the Department from maintaining computerized
records relating to training, promotion, assignment, or similar data.
Annual employee evaluations and records of disciplinary action
resulting in demotion or the loss of time or pay in the amount of ten
days or more may be retained permanently. All other records of
disciplinary action may be retained in an employee's Department
personnel file for a period of not more than three (3) years, provided
that if an employee's personnel record indicates a pattern of similar
types of discipline, all such records may be retained until a period of
three (3) years has elapsed during which there has been no further
disciplinary action for the same or similar behavior. Records retained
in an employee's Department personnel file longer than provided in
this section shall be inadmissible in any proceedings concerning
disciplinary action.
(j)
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Upon receiving a request for all or part of a personnel file, the affected
employee shall be notified of the request, and the information shall not
be released for a period of three business days from the time of said
notification, except upon service of a court order or subpoena properly
recorded and signed by a judge or magistrate demanding immediate
release. The City Attorney will advise the Department in all matters
pertaining to the release of information contained in a personnel file.
No information which has been retained in a personnel file beyond the
time limits established by this contract will be released.
ARTICLE 12 - WAGES
Section 1 - Base Monthly Salary Schedule.
a. Effective January 1, 2001, the compensation schedule in effect December
31, 2000, shall remain the same through 2001 with no increase.
b. Effective January 1, 2002, the compensation schedule in effect December
31, 2001 shall be increased by three point zero percent (3.0%). Effective
July 1, 2002, the compensation schedule shall be increased by one
percent (1%).
c. Effective January 1, 2003, the compensation schedule in effect December
31, 2002, shall be increased by a percentage equal to the average of the
U.S. Cities Consumer Price Index (CPI -W) and the Seattle Consumer
Price Index (CPI -W), both for the period June, 2001 to June, 2002, subject
to a two percent (2.0%) minimum and a five percent (5%) maximum.
Effective July 1, 2003, the compensation schedule shall be increased by
one percent (1%).
Section 2. - Policy for Pay Steps. The following shall be the general policy with
respect to the use of the pay steps within salary ranges:
a. The minimum rate of pay for a class shall be paid to any person on his
original appointment, except appointments at a salary rate above the
minimum may be authorized by the appointing authority when
necessary to fill positions in "shortage" occupations or when necessary
to recruit applicants with exceptional qualifications.
b. The basic salary range shall consist of five steps to be known as Steps -A,
B, C, D, and E. An employee, shall normally be advanced to the next
higher step six months after the date of hiring or promotion and to the
succeeding steps at one-year intervals, -providing that employee's work
has been satisfactory and the employee is making normal progress on
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the job. For purposes of computing the length of time for eligibility for
within -range increases, the period of all leaves of absence without pay
shall not be included. In order to simplify the preparation of payrolls,
eligibility for within -range salary increases shall be computed in the
manner heretofore set forth; provided, however, that upon an
eligibility date falling on or before the fifteenth day of the month, such
increase shall become effective as of the first day of the month; and
provided further, that upon an eligibility date falling on or after the
sixteenth day of the month, such increase shall become effective as of
the first day of the following month.
Section 3. — Promotion and Demotion Wage Adjustments. When an employee is
promoted, demoted
efolea arr:in3tateu, the employee's rate of pay for the new position
shall be determined as follows:
a. Promotion. An employee promoted to a position in a class having a
higher pay range shall receive a salary increase as follows:
(1.)
If the employee's rate of pay in the lower class is below the
minimum salary of the higher class, the employee's rate of pay
shall be increased to the minimum rate of the higher class.
(2.) If the employee's rate of pay in the lower class falls within the
range of pay for the higher class, the employee shall be advanced
to the pay step in the higher range which is next higher in
amount above the employee's pay before promotion.
In the case of promotion, within -range increases shall be granted
in accordance with subsection 3. (b) of Article 12.
(3.)
b. Demotion. An employee demoted from a position in one class to
another class having a lower pay range shall receive a salary decrease.
If the rate of pay of the employee in the higher class is above the
maximum salary for the lower class, the employee's rate of pay
will be decreased to the maximum rate of the lower class.
If the rate of pay of the employee in the higher class is within the
pay range of the lower class, the employee's rate of pay shall be
reduced to the next lower pay step in the range.
Section 2 - Longevity. Commissioned Police Officers and Sergeants of the City of
Yakima who are regularly and continuously employed full time, and who have
completed periods of service as hereinafter set forth, shall receive compensation,
called longevity pay, in addition to their regular salary, according to the following
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schedule, to be paid on the first applicable pay day following the 31st day of
December and the 30th day of June of each year:
Years Of Service
At least four (4) years and
less than nine (9) years
At least nine (9) years and
less than fourteen (14) years
At least fourteen (14) years and
less than nineteen (19) years
At least nineteen (19) years and
less than twenty-four (24) years
Twenty-four (24) years or more
Longevity Compensation
1.5% of base salary
3.0% of base salary
4.5% of base salary
6.0% of base salary
8.0% of base salary
Commencing January 1, 2002, commissioned Police Officers and Sergeants of the
City of Yakima who are regularly and continuously employed full time, and who
have completed periods of service as hereinafter set forth, shall receive
compensation, called longevity pay, in addition to their regular salary, according to
the following schedule, to be paid on the first applicable pay day following the 31st
day of December and the 30th day of June of each year.
Years Of Service
At least four (4) years and
less than nine (9) years
At least nine (9) years and
less than fourteen (14) years
At least fourteen (14) years and
less than nineteen (19) years
Longevity Compensation
1.5% of base monthly salary
3.0% of base monthly salary
5.0% of base monthly salary
At least nineteen (19) years and 6.5% of base monthly salary
less than twenty-four (24) years
Twenty-four (24) years or more 9.0% of base monthly salary
Commencing January 1, 2003, commissioned Police Officers and Sergeants of the
City of Yakima who are regularly and continuously employed full time, and who
have completed periods of service as hereinafter set forth, shall receive
compensation, called longevity pay, in addition to their regular salary, according to
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the following schedule, to be paid on the first applicable pay day following the 31st
day of December and the 30th day of June of each year.
Years Of Service
At least four (4) years and
less than nine (9) years
At least nine (9) years and
less than fourteen (14) years
At least fourteen (14) years and
less than nineteen (19) years
At least nineteen (19) years and
less than twenty-four (24) years
Twenty-four (24) years or more
Section 5 - Longevity Payment at Termination.
Lonzevity Compensation
1.5% of base monthly salary
3.0% of base monthly salary
c �L.1 1,,
J.J /0 U1 vase iiEo=ELI1-y . ___z ' J••
7.0% of base monthly salary
10.0% of base monthly salary
a. Upon termination of employment of anyone entitled to longevity pay,
such person shall receive a longevity payment, according to the above
schedule, for the number of months of eligibility served by such
employee from the date on which the immediately previous longevity
payment was made. Such payment shall not be made for fractions of a
month, and if termination of employment occurs on or before the
fifteenth day of any month, that month shall not be counted as one for
which longevity pay is to be made, and if termination of employment
occurs after the fifteenth day of any month, that month shall be
counted as one full month for which longevity pay is to be made.
b. No longevity pay shall be paid to any employee who is discharged from
employment for disciplinary reasons.
c. Employees covered by the Washington State Law Enforcement Officers'
and Firefighters' Retirement System who terminate their employment
after disability leave and are placed on disability retirement shall
receive longevity pay for the period of disability leave as provided in
Chapter 41.26 of the Revised Code of Washington.
ARTICLE 13 - SHIFT HOURS
(a) The Police Department and the Association, jointly agree to a ten (10) hour
shift plan for officers assigned to work the normal rotating patrol shifts
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(b)
commonly known as "A", "B" and "C" squads. It is the intent of the City and
the Police Department to continue this scheduhng plan, provided this
scheduling continues to be advantageous to the City based on the evaluation
of a number of factors. These factors include, but are not limited to, service
demands; sick leave usage; officer -involved accident rates; overtime usage;
vacation and holiday scheduling; scheduling of in-service training; budgetary
constraints; and department staffing levels. Association representatives will
be included in the evaluation process.
For all other bargaining unit employees, the Employer reserves the right to
implement, from time to time, eight (8), nine (9), and/or ten (10) hour shift
plans, per past practices. If the Employer decides to modify these plans, from
time to time, the Employer will provide notice of such change in accordance
with Article 30 to the affected employee(s) except in the event of an
emergency. In the event of an emergency, the Employer will provide as
much notice as practicable.
For all other bargaining unit employees, and in the event the Employer
intends to implement changes in shift plans for duty assignments of more
than three (3) months in duration, the Employer agrees to review the impacts
of such long term shift changes with the Association prior to their
implementation.
Work performed in excess of the regularly scheduled work day or work week
shall be considered overtime and such time shall be compensated at the rate
of time and one half (1 1/2), provided that Neighborhood Resources Officers,
Community Service Officers, and Narcotics Units shall be compensated at the
overtime rate only when hours are worked in excess of the regularly
scheduled work week.
(c) Fractions of an hour served in overtime duty shall be rounded to the next
quarter hour for the purpose of computing the amount of overtime.
(d) Court time and Callout. Officers called to duty outside the regularly
scheduled shift or required to attend court outside their regularly scheduled
shift shall be compensated with a minimum of three (3) hours at the
overtime rate. Hours worked beyond this minimum shall be compensated at
the overtime rate, subject to the provisions of sections (b) and (c) above.
Hours worked beyond, but concurrent with, an employee's scheduled shift
shall not be considered callout time.
(e) Officers shall be allowed to accumulate up to a maximum of sixty (60) hours
of compensatory time. Compensatory time is defined as time off in lieu of
overtime, including but not limited to, time off in lieu of paid overtime for
court or callout time. Any time accrued in excess of sixty (60) hours shall be
cashed out on a quarterly basis.
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ARTICLE 14 - VACATIONS
Police Officers and Sergeants shall be granted annual vacation as follows:
After one (1) full year of employment
Ten (10) working days
(five (5) days may be
taken after six (6) months
of employment)
After two (2) full years of employment Twelve (12) working days
After five (5) full years of employment Fifteen (15) working days
After ten (10) full years of employment Twenty (20) working days
After fifteen (15) full years of employment Twenty-three (23)
working days
After twenty (20) full years of employment Twenty-four (24) working
days
Section 2 - Maximum Vacation Accrual. Said employees may accumulate vacation
leave 9 .9 .l 1 during time in an amount equal to the vacation time the employee earns during two
(2) years' of service, according to the above schedule.
Section 3 - Compensation for or Transfer of Vacation Leave Accrual in Excess of
Maximum Amount. Effective January 1, 1998, any vacation leave accumulated in
excess of the limits specified in Section 2 of this Article shall be paid to the respective
_�---�----- -� i7-- ---`- -r �nn�i [ `-t-----�-----' �---- ------ � -fir--' -- -� �------�--- n7
employee at the rate of 100 /o of the employee's base wage u effect dS of December 31
of that year; provided, however, that the employee must use at least 75% of his/her
vacation leave accrued during the year in order to qualify for the payment unless
some or all of the employee's scheduled vacation for that year is canceled and
cannot be rescheduled that year, and such prevents the employee from complying
with the 75% vacation leave use requirement. At the end of each year, all vacation
leave accrued in excess of the limits specified in Section 2 of this Article, but for
which the employee does not qualify for payment, shall be transferred to the Sick
Leave Pool established under Section 2 of Article 24.
Section 4 - Permissible Use of Vacation Accruals with Pay.
(1) Vacation leave accumulated at the end of six months of service may be
taken in the seventh month and each month thereafter as
accumulated.
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(2) Vacation leave must be taken at such time as the employee can be
spared, but an employee will be allowed to take his leave when he
desires if it is possible to schedule it at that time.
(3)
All vacation leave must be requested in advance and approved by the
employee's department head.
Section 5. - Terminal Leave.
a. A permanent employee, when leaving the service of the city in good
standing and who has given at least two weeks' notice of his intention
to leave, shall be compensated for vacation leave earned and
accumulated to the date of separation.
b. No compensation for vacation leave shall be payable to any employee
who terminates his employment or is terminated before he has
completed six months of service.
c. Any eligible employee who is discharged or resigns as a result of
disciplinary action shall be entitled to be compensated for only that
vacation leave which was earned in preceding calendar years and not
used at time of separation. This provision also shall apply to employees
who quit without giving the notice specified in subsection 3. a. of this
section.
d. Terminal leave shall be computed by multiplying the hourly rate in
effect at the time of termination by the number of hours accumulated.
ARTICLE 15 - SENIORITY SYSTEM
A seniority roster will be maintained by the Chief of the Police Department, or
his/her designate, and shall be used to schedule vacation leaves and days off.
Scheduling vacation leave and days off shall be executed by the Chief, or his
designate, as an administrative function. Seniority among officers shall govern
priorities for vacation leave and days off, subject to the following conditions. Two
(2) officers from each work unit shall be allowed vacation leave within any three
week period for the entire three week period, provided that initial vacation
scheduling will be for a maximum of two consecutive weeks, and any remaining
vacation leave will then be scheduled by seniority. For the purpose of this section,
the term "work unit" means the Division to which an officer is assigned. The Chief
of Police may apply this provision to smaller work units at his discretion.
For purposes of this Article, and for purposes of scheduling vacation leave and days
off, seniority means a status of employee gained by continuous length of service and
by rank, with an employee of higher rank having greater seniority than an
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employee of lower rank, and, as between employees of equal ranks, the employee
with the longest continuous service in that rank having seniority.
Determination Of Seniority. Seniority shall be established in the following manner:
Seniority is established by the length of continuous service, starting with the
date of hire.
If two (2) or more persons are hired on the same day, the score appearing on
the entrance examination used for the appointment shall determine
seniority, with the person obtaining the highest score to have the greatest
seniority.
If two (2) or more persons have identical scores on the entrance examination,
seniority shall be determined by the drawing of lots per Police Civil Service
Rules and Regulations.
An employee within the bargaining unit who may feel aggrieved by the
administration of such a seniority system shall seek his remedy by the
grievance procedure provided in Article 7 of this Agreement.
ARTICLE 16 - HOLIDAY ASSIGNMENT
Where shift strength is reduced or increased on holidays, consistent with the needs
of the City, assignments shall be offered to the most senior qualified officer within a
work unit (e. . squad) oftheappropriate division. Exce t for an emergency, the City
g squad)
p Lll LLl gLl6i.�y / 4..1L V
shall provide a minimum of forty-eight (48) hours notice of any deviation from
normal shift strength so that officers may plan the use of their time.
ARTICLE 17 - HOLIDAYS WITH PAY
(a) Chapter 2.40.080 of the City of Yakima Municipal Code shall govern holidays
with pay for bargaining unit employees.
(b) Members of this bargaining unit shall receive a bank of eighty-eight (88)
hours on January 1, of each calendar year. (Eleven hohdays)
(c) Effective January 1, 1998, officers assigned to the normal rotating patrol shifts
commonly known as "A", "B", and "C" squads, shall receive an additional
twelve (12) hours added to the bank of eighty-eight (88) hours for a total of
one hundred (100) hours.
(d) Effective January 1, 1999, officers assigned to the normal rotating patrol shifts
commonly known as "A", "B", and "C" squads, shall receive an additional
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ten (10) hours added to the bank of one hundred (100) hours for a total of one
hundred ten (110) hours.
ARTICLE 18 - UNIFORM CLEANING AND ISSUE
The City shall pay for all necessary cleaning of uniforms for members of the
bargaining unit. The City may determine, from time to time, where said uniforms
shall be cleaned. Reasonable regulations concerning such cleaning may be adopted
by the Police Department.
Uniform items listed below and other apparel and collateral equipment will be
supplied to each patrol officer with the commencement of employment and,
consistent with current practice, replaced on an "as needed" basis.
Uniform Item Minimum Issue
Initial disbursement:
Item Quantity
Trousers 3 pair
Winter Shirt 3
Mock Turtleneck 2
Summer Shirt 3
Winter Jacket 1
Hat 1
Raincoat 1
Emblems 1 pair
Badge Holder 1
Buttons 1 dozen
Body Armor 1
Body Armor Covers 2
Gunbelt 1
Holster 1
Cuff Case 1
Night Stick Ring 1
Batteries and bulbs (for
Streamlight) Replaced
as needed
Chemical Irritant 1 container
Chemical Irritant Holder 1
Ammo Pouch (Detective) 1
Detective Holster 1
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ARTICLE 19 - CLOTHING ALLOWANCE
Effective January 1, 1998, police officers and police sergeants assigned to the
Detective Division of the Police Department, and police officers and police sergeants
assigned to the Administration and Services Divisions, when not required to wear a
uniform in the performance of their assigned duties, shall be paid a monthly
clothing allowance of fifty dollars ($50.00) in lieu of an issued uniform.
Additionally, the Chief of Police in his discretion may extend and/or discontinue,
from time to time, the clothing allowance for police officers and police sergeants
assigned to the NRO, SRO, SCAT, or any other police unit.
A RTIC E nn T IFE TXTCTTD AMCT,
YriaA�� �i L37 — v33'i 31�i34JA41�1`!e s
Effective January 1, 1998, the City shall provide twenty five thousand dollars
($25,000.00) group life insurance for each employee in the bargain,ng unit.
ARTICLE 21 - HEALTH INSURANCE
21.1 Medical Vision and Dental Care Covera:e - The medical vision and dental
coverage instituted April 1, 1994, will continue in effect for the term of this
agreement for covered bargaining unit employees, retirees and their
dependents. They shall participate in the "City of Yakima Employees' Health
& Welfare Benefit Plans". Eligibility rules, types and levels of benefits,
payment of premiums through a cafeteria plan, copayment, coinsurance and
deductibility l,ty q 'remer�tss and all other terms and conditions for the
UCU UI..Ll 111E le 1i116..il LLitl
provision of these health benefits shall be governed by the "City of Yakima
Employees' Welfare Benefit Program".
21.2 Health Care and Dental Coverage Premium Contributions
(a) Employee Health Care Coverage - Effective January 1, 2001 through
December 31, 2003, LEOFF 1 and LEOFF IT employee only health care
coverage premiums shall be paid for by the City.
Dependent Health Care Coverage - For the period of January 1, 2001,
until December 31, 2003, the City will pay the monthly premium for
dependent medical insurance. Based on prior contracts to date, the
total employee contribution is two and nine -tenths percent (2.9%) of
the base wages.
(b)
(c) Dental Care Coverage - The City shall pay the premium for active
T EOFF T and T,FOFF TT employees and their dependents for dental care.
1 i
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(d) Retiree Coverage - Retirees and dependents of retirees may remain 1 n
the group plan until they reach age 65 or, in the case of spouses of
deceased retirees until they reach age 65 or remarry whichever occurs
first. Retirees and unremarried spouses of deceased retirees shall pay
the premium (including dependents if enrolled) which shall be the
same as the normal group rate assess for coverage of active City
employees and dependents covered by this agreement. Premiums shall
be paid by deduction from retirement checks paid to retired employees
or their beneficiary.
21.3 Long Term Disability Coverage - The City will allow employees to use payroll
deduction for their entire long term disability coverage premium.
ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE
Section 1- Liability Insurance. The City shall provide liability insurance, including
false arrest insurance, for Association members covered by this Agreement while in
the performance of their duties, with a minimum limit of Three Hundred
Thousand Dollars ($300,000.00) per occurrence; provided, however, nothing in this
section shall prohibit the City from self-insuring that liability or false arrest
insurance. The City shall defend and indemnify police officers in accordance with
City of Yakima Resolution D-5820, dated September 18, 1990, a copy of which is
attached hereto and incorporated herein by this reference. The incorporation of the
Resolution referenced above does not preclude the City from modifying the
Resolution in accordance with the provisions of the first sentence of this section.
Section 2 - Defense Against Criminal Charges. The City shall, at the City's expense,
defend any officer against any criminal charges brought against such officer for
action occurring while acting in the official capacity as a Police Officer. The City's
obligation to provide for such defense and/or defense costs shall terminate upon a
conviction of a criminal law violation in Court. It shall be the obligation of the
officer to pay for attorney's fees and costs associated with an appeal unless the appeal
reverses a conviction in which case the City will reimburse the officer for attorney's
fees and costs associated with the appeal. If such officer is found guilty and there is
an entry of final, non -appealable judgment or conviction, it shall then be the
responsibility of such officer to reimburse the City for all fees, expenses and costs
related to the defense. If the officer is retried, the provisions of this article shall
apply anew. If an outside attorney is hired to provide such defense, the City shall be
notified of the identity of such attorney and an agreement with the City shall be
reached concerning the fees to be charged by such outside attorney prior to the time
that attorney is retained.
Section 3 - Physical Damage Insurance. The City shall provide full physical damage
insurance on police vehicles, which insurance sLhall include police officers as
insureds, or the City shall, in the alternative, become self-insured for such physical
-25-
damage insurance. In either case the City waives any claim it may have against any
police officer for physical damage to City property, but the City retains its right to
discipline any employee for just cause.
ARTICLE 23 - DIFFERENTIAL PAY
Section 1 - Emergency Response Team. Beginning in calendar year 1984, the sum of
Three Thousand Dollars ($3,000.00) shall be allocated from the Police Department
budget to provide for training and equipping the Emergency Response Team. This
shall be in lieu of the differential previously paid to individual officers assigned to
this special duty.
Section 2 - Field Training Officers. Police Officers assigned to orient and train newly
hired uniformed officers, and actually engaged in same, shall receive a payment of
Seventy -Five Dollars ($75.00) per month over and above their normal rate of pay.
Effective July 1, 2001, this monthly payment shall be increased to One Hundred Fifty
Dollars ($150.00). Officers assigned such duty for periods of less than two (2) weeks
during the pay period shall not be eligible for such differential. The City retains the
exclusive right to select said Field Training Officers and determine the duration of
assignment.
Section 3 - Investigative Assignment. Only Police Officers, and Police Sergeants
assigned in writing to the Detective Division, Traffic Investigators, City -County
Narcotics Unit, and DEA Task Force, through the "Quarterly Shift Change
Memorandum" shall receive a payment of Sixty -Five Dollars ($65.00) per month
over and above their normal rate of pay. Said monthly payment shall be increased
to One Hundred Dollars ($100.00) per month effective January 1, 2002. The City
retains the exclusive right to, from time to time, select said Investigators and to
determine the duration of assignment; provided, however, if the transfer is for
disciplinary reasons, then nothing in this section prevents the employee from
grieving the disciplinary transfer in accordance with Article 7. Operational transfers
are not grievable.
Section 4 - Education and Incentive. Police Officers and Sergeants shall be eligible to
receive an additional payment of Seventy -Five Cents (75¢) per month per quarter
hour of college or university credit earned while an employee of the Yakima Police C
Department. A grade of "B" or better woulbe required in each course for which
payment is made. Effective January 1, 20 , e seventy-five cents (75t) per month;;
per quarter hour shall be increased to one dollar ($1.00) per month per quarter hour. tk'
Section 5 - Spanish Bilingual Pay. Effective January 1, 2002, employees who have a
bilingual capacity for the Spanish language shall receive an additional fifty dollars
($50.00) per month special assignment pay for their work in that capacity subject to
achieving a passing score on the bilingual/biliterate skills examination conducted
under the Police Civil Service Rules and Regulations and administered by the Civil
-26-
Service Chief Examiner. The Police Chief may waive this testing requirement if the
employee can demonstrate to the satisfaction of the Police Chief, through
documentation or otherwise (i.e., court interpreter certification from the State of
Washington), that the employee has sufficient bilingual/biliterate skills in the
Spanish language.
Section 6. — Motorcycle Duty. When any employee of the police department is
assigned by the chief of the department to a position which requires operation of a
motorcycle, such member shall be paid twenty-five dollars per month, in addition to
his regular salary, for each month that he operates a motorcycle more than fifty
percent of his total duty time. Effective January 1., 2002, said differential pay for
motorcycle duty shall increase to Fifty Dollars ($50.00) per month. Effective January
1, 2003, said differential pay for motorcycle duty shall increase to One Hundred
Dollars ($100.00) per month.
Section 7 - Acting Pay. During routine operations when an officer is assigned to
fulfill the duties and responsibilities of a classification higher than his own for a
period of four (4 ) hours or more he shall be paid the lowest rate of the higher
classification which provides any salary increase for the officer.
ARTICLE 24 - SICK LEAVE
Section 1 - Accrual. LEOFF II employees shall accrue eight (8) hours of sick leave for
each full calendar month of service with the City. Unused sick leave may be
accumulated for an unlimited period; provided, however, that LEOFF II employees
shall be permitted to accumulate up to a maximum of 1,040 hours of sick leave.
Effective July 1, 1987, the sick leave accrual shall be increased by two (2) hours per
month to a new accrual rate of ten (10) hours per month. The additional two (2)
hours of sick leave will not immediately accrue to the employee's leave account.
Rather, the two (2) hours shall be placed in a "pool". Such accruals to the "pool"
shall continue until the month during which a total of 960 hours accrual to the
"pool" is attained at which time all accruals to the "pool" shall cease and the
additional two (2) hours shall accrue to the employee's individual sick leave
account.
LEOFF I employees shall not be entitled to sick leave benefits conferred by this
chapter; provided, such employees shall be accorded leaves of absence as provided by
Article 24, Section 3 (d) and (e) below.
Section 2 - Sick Leave Pool. As indicated in Section 1, beginning July 1, 1987, a sick
leave pool shall be formed to supplement approved sick leave for LEOFF II
employees. The pool shall have no additional contributions made by the City and
the allocation of hours from the pool shall be at the discretion of the Association.
-27-
The Association may elect to require repayment from recipients of leave loaned
from the pool in order to maintain the pool.
Section 3 - Permissible Use of Sick Leave. An employee eligible for sick leave with
pay shall be granted such leave for the following reasons:
(1) Personal illness or physical incapacity resulting from causes beyond
employee's control;
(2) Quarantine of employee due to exposure to a contagious disease;
(3) On-the-job injuries - In the event an LEOFF II employee is unable to
work d an on-the-job injury, said e pioyee will be compensated
a,!4Sr to on-the-job _vx+u ...� .j ��.���. ... ... ,.�___�-__-______
by being kept on salary (KOS) and will continue to earn their regular
wages and benefits, provided the employee complies with all the
provisions of the Police Department policy (Directive PER 99-002).
Kept on salary status will extend for a period not to exceed six (6)
months, or until the officer has been released by a physician to full
duty, whichever is sooner. If, after six (6) months in a kept on salary
status, the employee is unable to return to full duty, he or she will
revert to the traditional Worker's Compensation time loss payment
system in accordance with RCW 51.32.090. The employee will be
allowed to make an election regarding their time loss payments
according to City policy.
(4) The death of a member of the immediate family of an employee or
employee's spouse; for purposes of subparagraph, "immediate family"
means any husband, wife, parent, grandparent, child, grandchild,
brother, or sister. No leave of absence in excess of three (3) days for a
family death shall be taken by an employee unless additional leave is
recommended by the employee's Department head and approved by
the appointing authority;
Serious injury or illness to members of employee's immediate family
living with and dependent upon the employee, constituting an
emergency or crisis; any sick leave granted for this purpose must be
recommended by the Department head and approved by the
appointing authority;
(6) Illness and disability caused or contributed to by pregnancy,
miscarriage, abortion or childbirth;
Sick leave shall not be allowed for any period of time that the
employee is gainfully employed by another employer;
(5)
(7)
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(8)
An employee will be entitled to use the employee's accrued sick leave
to care for a child of the employee under the age of eighteen with a
health condition that requires treatment or supervision.
Section 4 - Requirements for All Paid Sick Leave.
(1) Employees must report to the representative designated by the
Department head the reason for the absence as far in advance of the
starting of their scheduled work days as possible, but in no event shall
this report be made later than the first day of absence.
(2) Employees must keep their Department head informed of their
condition if absence is of more than three (3) working days in duration.
(3) For each absence an employee must submit upon the approved form
an explanation of the reason for such absence consistent with federal
and state law. A statement by the attending physician may be required
if an absence by illness or injury extends beyond three (3) working days,
or for each absence, if requested by the Department head.
(4) Employees must permit home visits or medical examinations at the
expense and convenience of the City consistent with federal and state
law.
Section 5 - Enforcement of Sick Leave Provisions.
(1) Any failure to comply with the provisions of Section 4 shall be grounds
for denial of sick leave with pay for the period of absence.
(2) Misrepresentation of any material facts in connection with paid sick
leave by any employee shall constitute grounds for suspension or
discharge.
(3) It shall be the responsibility of the Department head or designated
representative to:
(a) Review all applications for sick leave and approve those which
are bona fide and comply with the provisions of this section and
forward same to the Personnel Division. The Personnel Officer
shall not certify the payment of sick leave until the approved
applications have been received, except that employees still
absent at the end of a pay period may be certified for payment of
sick leave by the Personnel Officer upon recommendation of the
Department head as indicated by his signing the time sheet and
subject to the receipt of an approved application for sick leave
pay immediately upon the employee's return to work;
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(b) Investigate any suspected abuse of sick leave;
(c) Withhold approval of sick leave pay in the event of
unauthorized use;
(d) Initiate disciplinary action if, as a result of investigation, it is
determined that an employee has been guilty of willful
misrepresentation in a request for sick leave pay.
Section 6 - Sick Leave Exchange. Eligible employees may exchange accrued sick
leave for pay or for additional leave time as appropriate, in accordance with the
options provided the employee subject to the following provisions:
„. .,. Lt!_. �_-lS.�y•J��+., subject as a.. following �___-__
(1) No exchange of accrued sick leave for additional leave days or for cash
will be granted for those employees with ninety (90) days or less of
accrued sick leave except:
(a) Upon retirement or death the employee's accrued sick leave up
to ninety (90) days or less will be exchanged for pay at the rate of
fifty percent (50%) of the employee's current base pay.
Upon termination under honorable conditions, as distinct from
retirement or death, the employee's accrued sick leave up to
ninety (90) days or less will be exchanged for pay at the rate of
twenty-five percent (25%) of the employee's current base pay.
Honorable termination includes layoff for budget reasons, as
well as resignation with proper notice.
(c) Effective July 1, 1987 payments authorized herein shall be the
lesser oI the amounts allowed in 1(a) or 1(b), or the percentage
ratio of the employee's accrual versus 720 hours, applied to
$12,500 but in no case shall such payment exceed $12,500.
Effective January 1, 2002, the percentage ratio of the employee's
accrual versus 720 hours, shall be applied to $18,000, but in no
case shall such payment exceed $18,000.
(2) Exchange of accrued sick leave for additional leave days or for cash will
be granted to employees who have accrued ninety-one (91) or more
days subject to the following provisions:
(a) Upon retirement or death, the employee's accrued sick leave up
through a maximum of ninety (90) days will be exchanged for
pay at the rate of one hundred percent (100%) of the employee's
current base pay. -
(b)
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(b)
Upon termination under honorable conditions, as distinct from
death or retirement, the employee's accrued sick leave up to a
maximum of ninety (90) days will be exchanged for pay at the
rate of fifty percent (50%) of the employee's current base pay.
(c) The maximum amount allowable for payout is $12,500. Effective
January 1, 2002, the maximum amount allowable for payment
shall be $18,000.
(d) Employees who have accrued more than ninety (90) days of sick
leave may exchange such sick leave for bonus (additional) leave
days at the rate of three (3) days of sick leave for each additional
leave day, not to exceed a total of three (3) added leave days
annually. Employees may receive compensation in lieu of
taking leave days, utilization of which would be subject to the
scheduling and approval by the Department head.
Sick Leave Exchange Procedure. Eligible employees may exchange
accrued sick leave as provided above at the option of the employee,
subject to the following conditions and provisions:
(a) A request for such an exchange shall be made to the Director of
Finance and Budget via the Department Timekeeper. All
requests shall be in writing and shall be signed by the employee
making the request.
(b)
Requests will be accepted only during the first five (5) working
days of each month with exchanged leave to be available within
fifteen (15) calendar days of the date the request is received by the
office of the Director of Finance and Budget. Exceptions to the
above will be made for termination, layoff or disability
retirement.
(c) No request will be granted for less than eight (8) hours' pay or
eight (8) hours additional leave.
(d) No exchange will be granted to an employee who has been
terminated for cause, as defined by civil service.
(e) In the event of layoff, exchange requests are the responsibility of
the employee.
ARTICLE 28 - TRANSPORTATION
Section 1 - Mileage Reimbursement. The City shall pay each officer for his use, at
the request of the City, of his personal auto. The mileage reimbursement rate will
be tied to the mileage rate permissible under IRS regulations.
Section 2 - Reserved Parking. In the event the current City parking lot is no longer
available, then a minimum of ten (10) parking spaces shall be reserved in proximity
to the Police Station/ Legal Center for Association members whose shifts begin after
noon. Use of said spaces shall be controlled by permit issued by the Chief of Police
or designee.
ARTICLE 26 - DISPATCHERS
The City shall be the sole determiner of the qualifications pertaining to personnel in
dispatch operations. Effective July 1, 1998, in emergency circumstances, the City
may assign police officers to perform dispatch responsibilities in accordance with
the following:
a. Use of other employees in a workload -related emergency. In the event
of emergency circumstances which require additional Public Safety
Dispatchers, other police personnel may be utilized, provided that they
are accompanied by at least two (2) Public Safety Dispatchers at all
times. This condition shall exist only until such time as Public Safety
Dispatchers or a Supervisor can respond to the emergency; and/or
b. Use of other employees in a personnel shortage emergency. In the
event that a Public Safety Dispatcher is incapacitated due to illness or
injury and/or is unable to serve or complete his/her duty shift for any
reason, and whereas another on -duty Public Safety Dispatcher is not
readily available, other fire and police personnel may be utilized
provided that another Public Safety Dispatcher or Supervisor is
contacted as soon as possible for replacement. This condition shall
exist only until such time as another Public Safety Dispatcher or
Supervisor can respond.
The above provisions do not alter the Employer's right to assign bargaining unit
members to the dispatcher center for training purposes.
ARTICLE 27 - TRAVEL AND TRAINING TIME
Section 1 - Training Time. Time spent in training that is required by the City is
considered compensable hours of work; provided, however, time spent by
employees is not compensable if all of the following four (4) conditions are present:
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(a) attendance is outside the employee's regular working hours;
(b) attendance is voluntary;
(c) the training program, lecture, meeting or other similar activity is not
directly related to the officer's job; and
(d) the officer(s) do not perform any productive work during such
attendance.
Also, time spent in training which is mandated by state or federal government as a
condition of practice in the profession is not considered compensable where the
training is not tailored to meet the particular needs of the City. If time spent i n
training is beyond the regularly scheduled shift, then time spent in training will be
compensated at the overtime rate.
Section 2 - Travel Time. Travel time during regular working hours shall be
considered compensable. Travel time outside regular work hours on City business
shall not be compensable unless the officer is actually driving. Travel time as a
passenger on an airplane, train, boat, bus or automobile outside of regular working
hours is not considered compensable. Where all the employees traveling together
are doing so outside of their regular working hours, the selection of the driver is by
the choice of the ranking employee.
ARTICLE 28 - GENERAL, SPECIAL AND PERSONNEL ORDERS
The City will furnish the Association with copies of all written general rules and
special orders from within the Police Department pertaining to wages, hours,
conditions of employment and assignments of members.
ARTICLE 29 - ADVANCE NOTICE OF SHIFT CHANGE
An officer will normally be given adequate advance notice of any change in his
regular hours of work, except where an emergency exists [an emergency is defined as
an event unforeseen by the DeparLnient, affecting the Department's ability to
perform its mission]. Posting shall constitute adequate notice. Notice given less
than forty-eight (48) hours before he is to begin work under the changed schedule
entitles the officer to compensation at the overtime rate for those hours not
exceeding eight (8) hours that are earlier, later or different from the hours he last
worked in a work day. An officer is not entitled to compensation at the overtime
rate if he is otherwise entitled to compensation under the same hours of work.
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ARTICLE 30 - AND EFFICIENCY
The parties recognize the desirability of improving performance and increasing
efficiency of the Yakima Police Department in order to provide maximum services
at reduced costs. It is therefore agreed that the Association will actively cooperate
and participate in studies and efforts to discover and employ new methods and
practices which result in improved performance and increased efficiency in the
Yakima Police Department.
ARTICLE 31- SAVINGS CLAUSE
understood and agreed all provisions of this HO'reement are subject to
It !� agreed that provisions �wsv s.. ..�.... ���-....�-..__.. ._. ___J_
applicable laws, and if any provision of any Article of this Agreement is held or
found to be in conflict therewith, said Article shall be void and shall not bind either
of the parties hereto. However, such invalidity shall not affect the remaining
Articles of this Agreement. Notwithstanding any other provision of this
Agreement, the Employer may take all actions reasonable to comply with the
Americans with Disability Act and the Family Medical Leave Act. If the
Washington Health Services Act (Health Care Reform) of 1993 or federal health care
legislation mandates changes to the Health Insurance Article during the term of the
Agreement, then the parties agree to negotiate about those mandated changes
subject to the dollar amounts and contribution formula remaining the same as
provided for in Article 21. In the event that any provision shall be held unlawful
and unenforceable by any court of competent jurisdiction, the parties agree to meet
forthwith for the purpose of re -negotiating such provision in an attempt to reach a
valid agreement.
ARTICLE 32 - WITNESS -CIVIL SERVICE BOARD
An officer shall be compensated for all off-duty time that he spends as a witness
before the Civil Service Board or arbitration hearing at the same rate and in the
same manner as he is compensated for Court Time; provided that the Association
or the employee (when proceeding on an individual basis) will only call witnesses
who are reasonably necessary for a reasonably necessary duration. Time spent as a
witness at such proceedings outside of regular working hours shall be compensated
at time and one-half (1.5) on an hour for hour basis with no call back minimum.
ARTICLE 33- PHYSICAL FITNESS
The City requires that members of the Police Department be physically fit for the
optimum performance of their duties and the Association agrees to cooperate with
the City in developing appropriate standards and testing of fitness.
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ARTICLE 34 - DEFERRED COMPENSATION
Each bargaining unit member shall be paid, in addition to that employee's monthly
salary, deferred earned compensation each month in an amount equal to 3.0% of
said monthly salary. Effective January 1, 2003, said deferred compensation shall be
increased to an amount equal to 3.5% of said monthly salary.
The deferred compensation contribution is separate pay and is not part of the base
monthly salary schedule codified in Yakima Municipal Code Pay and Compensation
Ordinance, subsection 2.20.110. This provision is subject to the City's deferred
compensation rules and regulations adopted by the City Council and IRS
regulations, and the computation of retirement contributions and pension benefits
shall be governed by applicable state law.
ARTICLE 35 - MILITARY AND CIVIL LEAVE
Section 1. — Military Leave. Leave not to exceed fifteen working days during each
calendar year, over and above annual vacation or sick leave, may be allowed any
employee who is a member of the National Guard or of any organized reserve or
armed forces of the United States. The employee will be paid his normal pay during
such military leave period when taking part in active training duty.
Section 2. — Civil Leave. Necessary leave will be provided to permit an employee to
serve as a member of a jury or to exercise other civic duties. Employees will remain
in full employment status and will receive their full salary during periiods of civil
leave, however, any compensation received for performing civil duties must be
remitted to the Finance Department.
ARTICLE 36 - SECURITY DETAIL PAY
Section 1. The Parks and Recreation Division sometimes requires personnel to
provide security detail work at Kiwanis Park. On those occasions, the City shall
employ only members of the YPPA to provide said security detail work at Kiwanis
Park; provided, however, that this provision shall in no way prohibit private parties
who utilize Kiwanis Park from hiring/employing outside contractors to provide
security detail work for such private parties at Kiwanis Park.
Section 2. In recognition of the less demanding nature of the job duties, the rate
of pay for all security detail work performed by YPPA members at Kiwanis Park shall
be different and lower than the regular rate of pay required by the collective
bargaining agreement for YPPA members for other regular duties. Specifically, the
rate of pay for security detail work at Kiwanis Park for each YPPA member shall be
such that the overtime rate of pay, including premium pays to the extent required by
the FLSA and WMWA, shall be twenty dollars ($20.00) per hour. The parties
-35-
acknowledge that security detail work at Kiwanis Park for the Parks and Recreation
Division shall normally be performed outside the employee's regular work schedule
and as such will normally be paid at said overtime rate of pay. After 1997 this rate
shall be increased to reflect future increases in the top step patrol officer wage
proportionate to those increases.
Section 3. The parties agree that for the purpose of coverage under the laws and
regulations of LEOFF and the Washington State Department of Labor and
Industries, YPPA members performing security detail work at Kiwanis Park shall be
considered employees of the City.
A nTTCCL 37 OFF TIT TTY �Ai P OYMENT
t33a 3 A �.. L J;-S�S'A'- 6.J 3 3 1,1VXi
Section 1- Duty to Inform Chief. Any employee who desires to take any additional
employment during off-duty hours shall inform the Chief of Police in writing at
least seven (7) calendar days prior to the date of anticipated off-duty employment.
The employee will fully describe the location and nature of the work to be
performed, the proposed work hours, all items, if any, of Department equipment
proposed to be used, and the anticipated duration of the employment. The Chief or
his designee shall respond to the request within 72 hours excluding weekends and
any holidays. This section does not apply to off-duty employment which has been
specifically pre -approved by memo or Special Order from the Chief of Police.
PP
Section 2 - Authorization for Off -Duty Employment. Prior to accepting off-duty
employment, an employee must obtain specific written authorization from the
Chief of Police. The Chief of Police may suspend, modify, deny or terminate off-
duty employment at any time for reasons including, but not necessarily limited to,
the following:
a. Incompatibility with the employee's city work schedule or interference
with the employee's ability to perform his or her regular Police
Department duties.
b. Conflict with Department goals, objectives, policies or procedures.
c. Nature of work is inconsistent with the professional image of the
Department or creates an appearance of impropriety.
d. Unusual illness or absence record prior to or following hours of off-
duty employment.
e. Work associated with premises where intoxicants are served for
consumption, at the discretion of the Chief of Police.
-36-
f. Work associated with a political party, candidate, or issue, or may give
the appearance of an endorsement of a particular business, product or
service.
g.
Work would result in an unreasonable competition with a private
business.
Section 3 - Use of Department Uniforms and Equipment. It is at the sole discretion
of the Chief of Police to authorize or deny the use of any and all items of
Department -owned and/or issued equipment in the course of off-duty employment.
No item of Department owned and/or issued equipment will be used for off-duty
employment without the specific prior written approval of the Chief of Police.
Section 4 - Scheduling Off -Duty Employment. Scheduling of off-duty employment
is the responsibility of the Police Department administration. However, the Yakima
Police Patrolmans Association must provide a monthly list of personnel to the
Chief or designee for appropriate assignment depending upon availability.
Section 5 - Indemnification and Defense. The Chief of Police or designee, on behalf
of the City, would attempt to obtain from a prospective off-duty employer an
indemnification and defense agreement and/or proof of adequate liability insurance
coverage prior to approving off-duty employment, including a requirement that the
City be named as an additional insured on the insurance policy. This does not
prevent the Yakima Police Patrolmans Association or the individual employee
from providing said indemnification and/or insurance.
Section 6 - Off -Duty Employment Prohibited for Certain Employees. Employees who
are on suspension or sick/disability leave or administrative leave or who are o n
entry-level probationary status are generally prohibited from off-duty employment,
unless specifically exempted from this provision by the Chief of Police.
Section 7 - Obligation to Department. The primary obligation and responsibility of
all employees is to the Police Department. Employees who are directed or required
to perform overtime or other Department -related work will do so regardless of
conflict with their off-duty employment.
Section 8 - Industrial Insurance. The parties agree that for the purpose of coverage
under the laws and regulations of LEOFF, the Washington State Department of
Labor and Industries, and all other federal and state employment laws and
regulations, YPPA members performing off-duty work shall not be considered
employees of the City, except where circumstances arise causing the employee to
invoke commissioned powers (e.g., effectuating an arrest).
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ARTICLE 38 - DURATION
This agreement shall be effective on the 1st day of January 1, 2001 and shall continue
through December 31, 2003.
Executed by the parties hereto this 1341`- day of
Yakima Police Patrolmans Association City of Yakima
By.
B
Chairman of YPPA
Recommended by:
B
James Cline
Attorney for Yakima
Police Patrolmans Association
CITY CONTRACT NO: 9 7
RE$ VrwN Ni: /Q1 oW/-/v7 n
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ATTEST:
City Clerk
B
Ant nY 1F. Menke
Management Attorney
for City of Yakima
2001 09/13 THU 09:02 FAX
FROM ! YAKIMA POLICE DEPT
FAX NO. : 5756707
U
U002/002
Sep. 13 2001 10:O2AM P2
This agreement shall be effective on the 1st day of January 1, 2001 and shall continue
through December 31, 2003.
Executed by the parties hereto this day of _. 2001.
Yakima Police Patroimans Association
Chairman of YPPA
Reco
City of Yakima
B
ATTEST;
Cify Manager
P
City Clerk
By:
k
aures Cline F Menke
Attorney for Yakima Management Attorney
Police I atrolrt ns Association for City of Yakima
nb
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. F
For Meeting Of 9/4/01
ITEM TITLE: Consideration of Resolutions Authorizing the Execution of the 2000-2002
Collective Bargaining Agreement Between the City of Yakima and the American
Federation of State, Count- & Municipal Employees (AFSCME) Local 1122
Municipal Employees and the 2001-2003 Collective Bargaining Agreement
Between the City of Yakima and the Yakima Police Patrolman's
Association
SUBMITTED BY: Dick Zais, City Manager; Glenn Rice, Assistant City Manager; Archie M. Sutton,
Human Resources Manager, Don Blesio, Police Chief and Sheryl Smith, Deputy
Human Resources Manager
CONTACT PERSON/TELEPHONE: Glenn Rice, x6051; Archie M. Sutton, x6090; Sheryl Smith, X6665
SUMMARY EXPLANATION:
The attached resolutions authorize: (1) a two (2) year collective bargaining agreement with AFSCME
Local 1122 Municipal Employees for calendar years 2001-2002; and (2) a three (3) year collective
bargaining agreement with the Yakima Police Patrolmans Association for calendar years 2001-2003.
These contracts represent the result of months of negotiations between the parties. The settlement
packages are outlined below:
2000-2001 AFSCME Municipal Settlement
•Term: 1/1/01--12/31/02
•Wages: 1/1/01 - 0% (wage freeze)
1/1/02 - 3.25%
• Benefits: Maintain current contract language on benefits inclusive of health
insurance
According to the City's calculations, the 2002 settlement cost for AFSCME Muncipal is estimated to be
3.47% or 5472,350.
• • • CONTINUED • • •
Resolution X Ordinance Contract X Other (Specify)
Funding Source Operating Funds f affected Departments
APPROVED FOR SUBMITTAL
7 City Manager
STAFF RECOMMENDATION: Adopt Resolutions Authorizing the Execution of the Collective
Bargaining Agreements
HOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•Term:
• Wages:
•Longevity:
•Sick Leave
2001-2003 YPPA Settlement
1/1/01--12/31/03
1/1/01 - 0% (wage freeze)
1/1/02 - 3.00%_
7/1/02 - 1.0%
1/1/03 - 100% of the average of the US Cities CPI -W and
Seattle CPI -W, June 2001 to June 2002, with a
minimum of 2.0% and a maximum of 5.0%
7/1/03 - 1.0%
Increase premium pay by 0.5% at 14 and19 nears, and
1.0% at 24 years effective 1/1/02. Effective 1/1/03, an
additional 0.5% at 14 and 19 years and 1.0% at 24 years.
Cashout: Maximum cashout increased from 512,500 to S18,500.
•Health Insurance: Maintain current contract language.
•Premium Pays:
This settlement includes enhancements to premium pays inclusive
of educational pay, field training officer premium pay, detective
pay, and motorcycle premium pay. Additionally, this settlement
implements a new bilingual premium pan at S50/mo. effective
1/1/02.
According to the City's calculations, the 2002 settlement cost for the YPPA is estimated to be 4.75% or
S335,904. The ordinance amending the Classification and Compensation Plan to reflect these
settlements will be submitted to Council in the near future.