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HomeMy WebLinkAboutR-2011-005 2011 Collective Bargaining Agreement with YPPA (Police Officers and Sergeants)RESOLUTION NO. R-2011-05 A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2011 with the Yakima Police Patrolmans Association (YPPA) representing the Yakima Police Officers and Sergeants bargaining unit. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Yakima Police Officer and Sergeants represented by YPPA resulting in the attached proposed collective bargaining agreement for 2011; and WHEREAS, the YPPA and City of Yakima negotiated in good faith to reach the proposed collective bargaining agreement; and WHEREAS, the members have voted in favor of the attached proposed collective bargaining agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to settle collective bargaining in accordance with the terms and conditions of the attached collective bargaining agreement, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is herby authorized and directed to execute the attached and incorporated Collective Bargaining Agreement between the City of Yakima and the Yakima Police Patrolmans Association. ADOPTED BY THE CITY COUNCIL this 4th day of January 2011. ATTEST: 1111,J, Micah Cawley, yor City Clerk COLLECTIVE BARGAINING AGREEMENT by and between CITY OF YAKIMA and YAKIMA POLICE PATROLMANS ASSOCIATION Effective January 1, 2011 through December 31, 2011 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS ARTICLE 4 - ASSOCIATION SECURITY ARTICLE 5 - NON-DISCRIMINATION ARTICLE 6 - COLLECTIVE BARGAINING ARTICLE 7 - GRIEVANCE PROCEDURE ARTICLE 8 - UNION LEAVE ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT ARTICLE 10 - MANAGEMENT RIGHTS 3 3 4 4 5 5 6 8 9 9 ARTICLE 11 - EMPLOYEES' RIGHTS ARTICLE 12 - WAGES ARTICLE 13 - SHIFT HOURS ARTICLE 14 - VACATIONS ARTICLE 15 - SENIORITY SYSTEM 10 14 16 18 19 ARTICLE 16 - HOLIDAY ASSIGNMENT ARTICLE 17 - HOLIDAYS WITH PAY ARTICLE 18 - UNIFORM CLEANING AND ISSUE 20 20 20 21 21 ARTICLE 19 - PLAINCLOTHES CLOTHING ALLOWANCE ARTICLE 20 - LIFE INSURANCE ARTICLE 21 - HEALTH INSURANCE 21 22 23 24 28 ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE ARTICLE 23 - DIFFERENTIAL PAY ARTICLE 24 - SICK LEAVE ARTICLE 25 - TRANSPORTATION ARTICLE 26 - TRAVEL AND TRAINING TIME 28 29 29 29 29 ARTICLE 27 - GENERAL, SPECIAL AND PERSONNEL ORDERS ARTICLE 28 - ADVANCE NOTICE OF SHIFT CHANGE ARTICLE 29 - IMPROVED PERFORMANCE AND EFFICIENCY ARTICLE 30 - SAVINGS CLAUSE ARTICLE 31 - WITNESS -CIVIL SERVICE BOARD ARTICLE 32 - PHYSICAL FITNESS ARTICLE 33 - DEFERRED COMPENSATION ARTICLE 34 - MILITARY & CIVIL LEAVE ARTICLE 35 - SECURITY DETAIL PAY 30 30 30 30 31 ARTICLE 36 - OFF-DUTY EMPLOYMENT ARTICLE 37 - LAYOFFS ARTICLE 38 DURATION 31 33 33 -2- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 RCW 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 ASSOCIATIONBARGAINING 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. 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. -3- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS Section 1 - Association Membership. Each employee within the bargaining unit is eligible to become and remain an Association member. However, active Association membership shall not be open to those employees of the Yakima Police Depai lment 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. 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. -4- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 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 in this section shall prohibit the City from establishing bona fide occupational qualifications. 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. The Association shall submit to the City Manager and the City Manager shall submit to the Association a written proposal for any changes in matter pertaining to wages, hours, or working conditions desired for the successor contract. The written proposals of the Association shall be submitted no later than the first business day of July of the last year of the agreement and the City's proposal shall be submitted within ten (10) business days of receipt of the Association's proposal. The Association's receipt of the City's proposal 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 dunng such negotiations shall be reported to the appropriate panel, and thereafter shall not be considered by said panel. -5- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 or his designee 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 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 recogmze 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 wnting 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 verbal 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 time limit for responses or appeals shall render the decision in favor of the other party. -6- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 (g) 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 day after the action or decision giving rise to the grievance, the employee must make an election of remedies as set forth in this section. Section 4 - Procedure. (a) Written Grievance to Division Commander. 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 Division Commander. Said Commander or Designee shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision, and the reasons therefore, within fourteen (14) calendar days. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (b) Grievance Appealed to Police Chief. An employee who is dissatisfied with the decision of the Division Commander may submit the grievance in writing within ten (10) calendar days to the Police Chief. In the event the grievance begins with the Police Chief, the employee must file the grievance in writing within thirty (30) calendar days after the action or decision giving rise to the grievance. The Police Chief or Designee shall make a separate investigation and notify the employee in writing of his decision, and the reasons therefore, within fourteen (14) calendar days after receipt of the employee's grievance. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (c) 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 or Designee shall make a separate investigation and notify the Employee in writing of his decision, and the reasons therefore, within forty-five (45) calendar days. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (d) 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)(c) 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 for thirteen (13) qualified arbitrators according to the following procedure: the parties shall attempt to agree as to whether the Public Employment Relations Commission, the Federal Mediation and Conciliation Service, or the American Arbitration Association will supply the list. If no agreement is reached, the list shall be requested from the Public -7- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 Employment Relations Commission. 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. The cost of the arbitrator shall be borne equally between the City and the Association. The City and the Association will pay their own remaining costs of arbitration, including attorneys' fees, regardless of the outcome. ARTICLE 8 — UNION LEAVE Section 1— Business Leave (a) 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 and/or attendance at mediation, when such meetings take place at a time during which any such members are scheduled to be on duty. (b) 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 interest arbitration hearings when such activities take place at a time during which any such members are scheduled to be on duty. (c) 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 fromduty with 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 two (2) weeks prior thereto to Chief of the Police Department, and provided further that the total leave for the entire bargaining unit for the purposes set forth in this section shall not exceed fifteen (15) days in any fiscal year. (d) 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 legitimacy of such absence. Section 2 — City owned Equipment and Supplies An Executive Board Member may utilize city owned/operated equipment to communicate with the Association and/or Management for the exclusive purpose of administration of this Agreement. Such use will: 1. Comply with the City of Yakima, Computer Use Policy — ADM 620 2. Result in little or no cost to the City; 3. Not interfere with the performance of their official duties; 4. Not distract from the conduct of City business; 5. Not disrupt other City employees and will not obligate other employees to make a personal use of City resources; 6. Not compromise the security or integrity of city information or software; and -8- YPPA Collective Bargammg Agreement January 1, 2011 — December 31, 2011 7. Not include the making of long distance telephone calls, except by the use of a personal calling card during a break. 8. Limited use of printer and copiers The Association, its members and its Executive Board Members will not use City equipment for Association organizing or advocating for or against the Association in an election. Section 3 —Meetings Executive Board Members may be released during normal working hours to attend meetings scheduled for the following: a. Grievance meetings, including attempts at informal resolution; b. Investigatory interviews in according with Article 11, Employee Rights; c. Pre -disciplinary and disciplinary meetings; d. Other hearings and meetings related to contract administration. Section 4 - Authorized Work Time Executive Board Members shall be allowed release time while on duty to discuss grievances and/or disciplinary matters with Association members and engage in other contract administration work, provided that such discussion does not unreasonably interfere with the work and duties of the employees involved and provided further that if the discussion lasts more than 15 minutes, the Board Member will notify his/her supervisor and receive prior approval, which shall not be unreasonably denied. Section 5 - Identification of Executive Board Members The Union will provide the Chief and the Human Resources Office with a written list of current Executive Board Members. The Union will notify the Chief and Human Resources of any and all changes of Executive Board Members within ten (10) calendar days of the change. The Employer will not recognize an employee if his/her name does not appear ori the list. 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 Depaitnient. Such rights and prerogatives include, but are not limited to, the following: -9- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 (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. (5) Determine and direct, from time to time, transfers and assigmnents 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. -10- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 purposes but will not be used or introduced into evidence in a criminal 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 appropnate. Where discipline consists of an oral admonition and/or warning alone that is not documented in the Department's personnel file, the employee is limited to the grievance procedure outlined in subsections (a) of Article 7, Section 4 of this Agreement. Such oral admonitions and/or warnings are not subject to investigation and review by the Police Chief and the City Manager pursuant to subsections (b) and (c) and are not subject to arbitration pursuant to subsection (d) of Article 7, Section 4 of this Agreement. 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. Within forty-eight (48) hours after the Depai tment assigns an internal investigation number to an administrative investigation, any employee who is the subject of the complaint shall beinformed in writing of the nature of the investigation, and advised of the rights of the employee unless notification may prejudice the integrity of the 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. No employee will be interviewed over a subject that the employer knows or should know will result in an economic sanction without providing the notice required by this subsection. (b) Recording Interviews. The Association stipulates that the interview of an employee during an investigation shall be audio recorded and a copy provided to each party. If the -11- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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. Upon mutual agreement between the City and the Association representative, including agreement on the placement of the audio-visual equipment, the interview of an employee may be audio -visually recorded. The City will provide a copy of the audio- visual recording to the Association representative immediately or within twelve (12) hours following the completion of the interview. (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) Prior to the disclosure of investigation made in subsection (g) of this section, 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. No promises or reward shall be made as an inducement to answer questions. This provision does not apply to probationary employees. (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. Except in the event good cause, investigations shall be completed within sixty (60) days. An employee who is the subject of an investigation shall be provided written notice if the investigation is not concluded within sixty (60) calendar days of the notification given per Article 11, Section 2 (a). The notice shall include a projected completion date and a brief description of the good cause basis for the delay. After the first notice, the employee shall be provided further notice of extensions at thirty day intervals. The proceeding requirement does not apply to criminal investigations. -12- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 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 his/her representative shall be allowed up to fourteen (14) calendar days to perform an independent investigation prior to the pre -disciplinary hearing, with additional time for good cause. The employee and any representative of the employee are prohibited from contacting any witnesses or complainants in the investigation until such time as the disclosure- of investigation described in this subsection occurs. A copy of the final outcome documentation of the investigation will be sent to the YPPA union office upon completion. (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 forty-eight (48) 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 forty- eight (48) hours. (i) 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 Sheriffs 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. (j) 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 forty (40) hours 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 of that employee. 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 -13- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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. (k) Drug Testing. See attached Appendix B, the City of Yakima Police Department Drug and Alcohol Testing Policy. (1) In the event of a layoff as provided for in Article 38, or a resignation or involuntary separation from service due a documented disability under RCW 49.60, the Americans with Disabilities Act, or other applicable disability law, resulting in the employee's inability to retain maintain fitness for duty, said employee shall be placed on a re- employment register for two (2) years from the date of separation. In the event of a fitness for duty termination, upon verification that the employee is fit for duty the employee shall be subject to recall in the same manner provided for in the Police Civil Service Rules as are other employees on the re-employment register. The Employer retains the right to conduct its own medical examinations consistent with this agreement and the ADA, for the purpose of ascertaining the officer's fitness for duty. For the purposes of seniority and years of service calculations, employees re-employed through this process, who were terminated as the result of a lay off or fitness for determination shall be credited for applicable service time with a tolling for the period of discharge. Within 90 days of the effective date of this agreement the Parties shall present to the Police Civil Service Commission, a mutual agreeable rule change implementing this Article. ARTICLE 12 - WAGES Section 1 - Base Monthly Salary Schedule. a. Effective January 1, 2011, the compensation schedule in effect December 31, 2010, shall be increased by zero (0%). b. The top step Sergeant monthly wage will be established and maintained at 15% above the top step Police Officer monthly wage. 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. Lateral hires with 2 years of more of experience (after the academy) within the last 3 years shall be appointed at step C. 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 -14- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 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 except to the extent required by law. 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. c. Contemporaneous with this agreement a letter of interpretation will drafted related to Article 12, Section 2 b. above. Section 3. — Promotion and Demotion Wage Adjustments. When an employee is promoted, demoted or reinstated, 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. (3.) In the case of promotion, within -range increases shall be granted in accordance with subsection 2(b) of Article 12. b. Demotion. An employee demoted from a position in one class to another class having a lower pay range shall receive a salary decrease. (1.) 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. (2.) 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 4 - 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 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: -15- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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. Longevity Compensation 1.5% of base monthly salary 3.0% of base monthly salary 5.5% of base monthly salary 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. d. 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 and forty (40) minute shift plan for officers assigned to work the normal patrol shifts (not a specialty assignment) pursuant to Appendix "A". Shift schedule starting and ending times may vary by no more than 15 minutes. Shift hours shall be assigned by seniority bidding for all bargaining unit members and shall be for a period of one calendar year. Seniority shall be as defined in Article 15. Bidding shall occur during the month of October or November of each year. Employees may bid for both shift and team, provided that the City may assign an employee to the opposite team on a shift at the time of the bidding process for a legitimate reason. In the event that reassignment during the course of the year is required, officer assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice -16- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. If for any reason the City or the Association has a concern about the shift hours described above, the City and the Association agree to attempt to resolve the issue in a cooperative fashion. 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 29 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. (b) 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 Community Service Officers and Narcotics Investigators shall be compensated at the overtime rate only when hours are worked in excess of the regularly scheduled work week For any bargaining unit member working a 10 hour and 40 minute shift, the regular work period for that member shall be 28 days and the regular hours of work during that 28 -day period shall not exceed 171 hours. For any bargaining unit member working a 9 hour shift, the regular work period for that member shall be 14 days and the regular hours of work during that 14 -day penod shall not exceed 86 hours. For any bargaining unit members working a 10 hour shift, the regular work period for that member shall be 21 days and the regular hours of work during that 21 -day period shall not exceed 128 hours. (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. -17- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 ARTICLE 14 - VACATIONS Police Officers and Sergeants shall be granted annual vacation as follows: After one (1) full year of employment After two (2) full years of employment After five (5) full years of employment After ten (10) full years of employment After fifteen (15) full years of employment After twenty (20) full years of employment After twenty-five (25) full years of employment Eighty (80) hours (forty hours may be taken after six months of employment) Ninety-six (96) hours One hundred and twenty (120) hours One hundred and sixty (160) hours One hundred and eighty-four (184) hours One hundred and ninety-two (192) hours Two hundred (200) hours Section 2 - Maximum Vacation Accrual. Said employees may accumulate vacation leave 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. Vacation leave accumulated in excess of the limits specified in Section 2 of this Article shall be paid to the respective employee at the rate of 100% of the employee's base wage in effect as 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. (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. -18- YPPA Collective Bargammg Agreement January 1, 2011 — December 31, 2011 Section 5. - Terminal Leave. a. A permanent employee, when leaving the service of the city 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. 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 employee of lower rank, and, as between employees of equal ranks, the employee with the longest continuous service in that commissioned rank having seniority, provided that: between employees of equal rank where one, of the employees has been demoted, the demoted employee's seniority shall equal his or her length of continuous service served in the rank demoted to plus any service in higher ranks. Determination Of Seniority Between Employees of Equal Rank with the Same Length of Continuous Service. 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. -19- YPPA Collective Bargaining Agreement January 1, 2011 —December 31, 2011 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.g. squad) of the appropriate division. Except for an emergency, the City 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 ninety-six (96) hours on January 1, of each calendar year. (Twelve holidays) (c) Officers assigned to shifts longer than eight (8) hours shall receive additional hours to correspond to the length of their assigned shift. For example, officers assigned to nine (9) hour shifts shall receive 108 hours, officers assigned to 10 hourshifts shall receive 120 hours, and officers assigned to the 10 hour 40 minute shift shall receive 128.17 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 Winter Jumpsuit 1 Mock Turtleneck 2 Summer Shirt 3 Winter Jacket 1 Hat 1 Emblems 1 pair Badge Holder 1 Buttons 1 dozen Body Armor 1 Body Armor Covers 2 -20- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 Gunbelt 1 Holster 1 Cuff Case 1 Batteries and bulbs (for Streamhght) Replaced as needed Chemical Irritant 1 container Chemical Irritant Holder 1 Ammo Pouch (Detective) 1 Detective Holster 1 Name Tag per Shirt 1 Summer Pants 2 The City will provide an annual one -hundred ($100) dollar allowance for the purchase or repair of approved footwear for officers assigned to the Blue or Gold Patrol Teams. The City and the YPPA will execute a Memo of Understanding (MOU) contemporaneous with this agreement for the phased acquisition of AR -15 rifles for employees electing to purchase such rifles up to twenty-five percent (25%) of the bargaining unit each year. The cost of the purchases shall be repaid by officers at a 0% interest rate over a two (2) year period in equal deductions for the employee's paycheck. Employees who terminate employment shall have the remaining unpaid balance removed from their final paycheck. ARTICLE 19 — PLAINCLOTHES CLOTHING ALLOWANCE Police officers and police sergeants assigned to the Detective Division of the Police Depailment, 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 seventy dollars ($70.00) 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 SRO or any other police unit. ARTICLE 20 - LIFE INSURANCE The City shall provide eighty thousand dollars ($80,000.00) group life insurance for each employee in the bargaining unit. ARTICLE 21 - HEALTHINSURANCE 21.1 Medical, Vision and Dental Care Coverage - Medical, vision, and dental coverage shall be maintained for the duration of this agreement for covered bargaining unit employees, retirees and their dependents, provided that the parties may mutually agree to re -open the contract to address any issues regarding coverage. The Association may have up to two non-voting representatives on the Health Plan Board as observers. -21- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 21.2 Health Care and Dental Coverage Premium Contributions (a) Employee Health Care Coverage - LEOFF I and LEOFF II employee only health care coverage premiums shall be paid for by the City. (b) Dependent Health Care Coverage - The City will share the monthly premium for dependent medical insurance with bargaining unit members. Members shall contribute on a monthly basis according to the following schedule: For employees with one dependent: 0.5% of wages For employees with two dependents: 1.0% of wages For employees with three or more dependents: 1.5% of wages For purposes of this subsection, "wages" means the top step patrol officer wage during the month of contribution and "dependent" means a spouse, child, or other individual eligible for medical coverage under the City of Yakima's Health Care Plan. (c) Dental Care Coverage - The City shall pay the premium for active LEOFF I and LEOFF II employees and their dependents for dental care. (d) Retiree Coverage - Retirees and dependents of retirees may remain in 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 -22- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 shall include police officers as insureds, or the City shall, in the alternative, become self-insured for such physical 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 - SWAT Team. SWAT Team members shall receive 2% of their current base pay in addition to their regular salary for each full month assigned to the SWAT Team. 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, per month, of five percent (5%) of the top step patrol officer wage for that month, over and above their normal rate of pay. Officers assigned such duty for periods of less than one (1) week 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, by the Chief or Designee, to the Detective Division, as Traffic Investigators, Narcotics Investigations, and any Interagency Task Force, shall receive a payment, per month, of three percent (3%) of the top step patrol officer wage for that month, over and above their normal rate of pay. The City retains the exclusive right to, from time to time, select said Investigators, Detectives, Narcotics Unit and any Interagency Task Force members, 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. Police Officers and/or Sergeants desiring a transfer out of an Investigative Assignment shall submit a memorandum requesting reassignment, through the chain of command, to the Chief of Police. Section 4 - Education Incentive. Police Officers and Sergeants shall be paid a monthly education incentive payment based on the following schedule: AA Degree or 90 college credits: BA Degree: MA Degree: 1.25% of the top step patrol officer wage for that month 2.5% of the top step patrol officer wage for that month 3.0% of the top step patrol officer wage for that month Education incentive pay shall be paid to employees only after the City has received an official transcript from the educational institution verifying the degree or credits received. Section 5 - Bilingual Pay. Employees who have a bilingual capacity for the Spanish language or American Sign Language (ASL) shall receive an additional 3% of the top step patrol officer wage, per month, special assignment pay for their work in that capacity subject to achieving a passing score on -23- YPPA Collective Bargammg Agreement January 1, 2011 — December 31, 2011 the bilingual/biliterate skills examination conducted under the Police Civil Service Rules and Regulations and administered by the Civil 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 or ASL. A determination for bilingual capacity shall be made by the City within six (6) months of graduation from the law enforcement academy. Upon certification, compensation shall be retroactive to the date of academy graduation. Should a language other than English, Spanish, or ASL be necessary for the conduct of official business of the Department by an officer who is bilingual in that language, the officer may be compensated bilingual pay for the month in which the service was needed. 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 2% of the top step patrol officer wage in addition to his regular salary. 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. Section 8 — Shift Differential Pay. All general squad patrol division officers (those not assigned a specialty) who work 10 hour and 40 minute shifts shall receive shift differential pay as set out in the following schedule. Only those people assigned as a general squad patrol officer on the division shift roster are eligible for this differential pay. Shifts starting between 0500 and 0859: Shifts starting between 0900 and 1459: Shifts starting between 1500 and 1859: Shifts starting between 1900 and 0459: No differential pay 1% of current base pay 1.75% of current base pay 2.25% of current base pay Any Patrol officer involuntarily reassigned from a bid -for shift, for other than disciplinary transfers, shall be entitled to whichever shift premium is greater between the bid -for shift and the reassigned shift. Section 9 — Gang and ProActive Unit Pay. All patrol division and special operations officers assigned to the Gang Unit or the ProActive Unit shall be paid 1.75% of their current base pay in addition to their regular salary for each full month assigned to the Gang or ProActive Unit. Section 10 — Notice of Specialty Openings. Notice of all openings for specialty positions will be posted. ARTICLE 24 - SICK LEAVE Section 1 Accrual. LEOFF II employees shall accrue ten (10) 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 1200 hours of sick leave. For the purposes of this Article only, a day shall be equivalent to ten (10) hours. -24- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 On the first day of employment each newly hired permanent employee of the bargaining shall receive 120 hours twelve sick leave, subject to following restrictions: (a) No additional sick leave will be accrued during the employee's first year of employment. (b) Should the employee either voluntarily or involuntarily terminate employment during the first year and used sick leave hours equivalent to more than the number of months employed, the excess hours shall be deducted from the employee's accrued paid leave balance (i.e. vacation, compensatory, etc.) 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. A sick leave pool shall 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. The Association may elect to require repayment from recipients of leave loaned from the pool in order to maintain the pool. The parties agree to adopt an MOU during the course of this agreement to alter this section. Section 3 - Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: Personal illness or physical incapacity resulting from causes beyond employee's control; Quarantine of employee due to exposure to a contagious disease; On-the-job injuries - In the event an LEOFF II employee is unable to work due to an on- the-job injury, said employee will be compensated 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 City policy (Directive PER 405). 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 according to City policy. (4) In the event of a death in the employee's immediate family and upon approval from a supervisor, the employee may use up to three days of paid bereavement leave per calendar year. `Immediate family" for purposes of this subparagraph means any husband, wife, parent, grandparent, child, grandchild, brother, sister, or registered domestic partner. Any request for use of sick leave beyond the 3 days must be pre - approved by the Chief or designee; (5) 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; -25- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 (6) Illness and disability caused or contributed to by pregnancy, miscarriage, abortion or childbirth; (7) Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer; (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 or for a serious health condition or an emergency condition of a spouse, registered domestic partner, parent, parent -in-law, or grandparent. Section 4 - Requirements for All Paid Sick Leave. (1) Employees must report to the representative designated by the Depailinent 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 Depai tnient 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; (b) Investigate any suspected abuse of sick leave; (c) Withhold approval of sick leave pay in the event of unauthorized use; -26- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 (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: (1) No exchange of accrued sick leave for additional leave days or for cash will be granted for those employees with seven hundred and twenty (720) hours or less of accrued sick leave except: (a) Upon retirement or death the employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay. (b) Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to seven hundred and twenty (720) hours 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) Payments authorized herein shall be the lesser of the amounts allowed in 1(a) or 1(b), or the percentage ratio of the employee's accrual versus 720 hours, applied to $22,000 but in no case shall such payment exceed $22,000. (2) Exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued seven hundred and twenty (720) hours or more subject to the following provisions: (a) Upon retirement or death, the employee's accrued sick leave up through a maximum of seven hundred and twenty (720) hours will be exchanged for pay at the rate of one hundred percent (100%) of the employee's current base pay. (b) Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of seven hundred and twenty (720) hours 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 $$22,000. (d) Employees who have accrued more than seven hundred and twenty (720) hours 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. -27- YPPA Collective Bargammg Agreement January 1, 2011 — December 31, 2011 (3) 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. Section 7 — VEBA. Employees shall participate in the VEBA program the Association has established. ARTICLE 25 - 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 - 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: (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 -28- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 (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 in 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. Section 3 — Meal Reimbursement. Employees will be reimbursed for meals at rates established by the Office of Financial Management for travel more than 50 miles outside the limits of the City of Yakima. ARTICLE 27 - 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 28 - 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 Department, 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. ARTICLE 29 - IMPROVED PERFORMANCE 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 30 - SAVINGS CLAUSE It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article of this Agreement is held or found to be in conflict therewith, said Article -29- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 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 31 - 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 32- 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. ARTICLE 33 - 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 4.5% 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 34 - MILITARY AND CIVIL LEAVE Section 1. — Military Leave. Leave not to exceed twenty-one 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 -30- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 and will receive their full salary during periods of civil leave, however, any compensation received for performing civil duties must be remitted to the Finance Department. ARTICLE 35 - SECURITY DETAIL PAY Section 1. The Parks and Recreation Division sometimes requires personnel to provide secunty 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 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. ARTICLE 36 - OFF-DUTY EMPLOYMENT 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. Section 2 .- Authorization for Off -Duty Employment. Prior to accepting off-duty employment, an employee must obtain specific wntten 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. -31- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 c. Nature of work is inconsistent with the professional image of the Department or creates an appearance of impropnety. 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. 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 list every six months 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 on 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 Depal Intent. 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). -32- YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 ARTICLE 37 — LAYOFFS Whenever it becomes necessary through lack of finances or other cause to reduce the force, persons to be laid off shall be given at least four weeks notice and the order of layoff shall be accomplished in the following manner: a. Persons serving in a temporary capacity within a classification to be reduced shall be first laid off in order of seniority, least senior first; b. Those still serving their probationary period within a classification to be reduced in order of seniority, least senior first; c. Those whose appointments are complete within a classification to be reduced in order of seniority, least senior first. d. Senionty for the purpose of this article shall mean accumulated time in employment within a particular classification within a department excluding leaves of absences in excess of 90 days and time off due to suspensions without pay. In the event of identical accumulated time within the affected classification, the order of hire or promotion shall determine semority. e. In the event any permanently appointed person employed in a classification above entry level is laid off, that person shall have the right to voluntarily reduce in rank to the next lower classification previously held within the department regardless of whether a vacancy exists within that classification. Any person, other than persons serving temporary appointments in higher classifications, choosing voluntary reduction in rank under this section shall be regarded as the most senior person in that classification to which they are reduced for the purpose of any further layoffs. Temporary appointees electing voluntary reduction in rank shall assume the senionty in the previously held classification. The least senior permanently appointed person within any classification shall be laid off in the event all the positions within the classification are filled and a voluntary reduction in rank from a higher classification occurs. Likewise, if a person is laid off as a result of a voluntary reduction in rank that person may voluntarily reduce in rank to the next lower classification previously held. f. All persons except temporary appointees who choose to voluntanly reduce in rank shall be placed on a reinstatement register for each classification from which they were reduced. ARTICLE 38 - DURATION This agreement shall be effective on January 1, 2011 and shall continue through December 31, 2011. Executed by the parties hereto this /5' day of Zt-ivup,Q` , 2011. Yakima Po1ic l%atrolmans Association City of Yakima `r ��hairman By of YPPA YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 By: -33- ity M R. A. Zais, Jr. B YPPA Collective Bargaining Agreement January 1, 2011 — December 31, 2011 By: ATTEST: City Clerk -34- Chief of Police CITYCONTRACf N0: 00//-00z RESOLUTION NO: R-aO//-05 , January Yakima Police Department 2011 Patrol Squad Schedule February S M T WTH TH F S 1 2 1 2 3 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April S M T WTH TH F S 1 2 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Ju y S M T WTH TH F S 1 2 1 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 October S M T WTH TH F S 1 2 1 2 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M TW WTH TH F S 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 31 31 30 31 May S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31 31 30 31 August S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31 30 31 November S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 31 Blue work day Gold work day March S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 31 June S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 30 31 September S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 December S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Training day for squads beginning their week P eople Our fundamental duty is the protection of and service to our community O ath : Our uncompromising vow to the citizens and ourselves to uphold liberty, equality and justice L oyalty To our community, the department, the badge, and to each other 1 mpartiality Serving the citizens of our community equally with fairness, dignity and respect C ommitment To the highest ethical standards of law enforcement and personal responsibility Excellence This is our standard We will accept nothing less than exemplary conduct that honors our oath, our profession, and those that have come before us APPENDIX B YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY This Policy has been agreed to by the parties and shall become part of the current labor agreement between the City of Yakima and the Yakima Police Patrolman's Association. All applicable articles of the contract shall apply to this Policy. A. PURPOSE This policy supersedes City of Yakima Substance Abuse Policy — Part I to the extent Part I applies to YPPA members, The City of Yakima recognizes that employees are our most valued resource. The Department expects that all law enforcement officers are physically, mentally, and emotionally capable of fulfilling and carrying out their assigned duties, and has a responsibility for providing a safe working environment. The City of Yakima and the Yakima Police Patrolman's Association have a mutual interest in ensuring that substance -impaired employees do not perform law enforcement duties. In order to protect the health, welfare, and safety of its employees and the citizens whom they serve, the following policy regarding substance abuse in the workplace is adopted. B. POLICY 1. It is the policy of the City of Yakima to provide an alcohol- and drug-free workplace for its employees. 2. The City's philosophy on substance abuse is to emphasize prevention, training, rehabilitation, and recovery from substance abuse. Counseling and support will be made available through an Employee Assistance Program, and the employees' right to privacy will be respected at all tunes. 3. It is the responsibility of the City and the Association to preserve and protect public trust, public safety, and fitness for duty. 4. It is the responsibility of all employees to report for duty and be able to perform their jobs safely and effectively, unimpaired by drugs, alcohol, or any other intoxicating substance. Employees must remove themselves from service if they are unfit for duty. 5. The illegal possession, manufacture, use, distribution, or sale of, unlawful drugs, drug paraphernalia, or other prohibited substances is prohibited. 6. The possession, manufacture, use, distribution, or sale of alcohol on City premises (including City vehicles) or while on duty at any time is prohibited. Alcoholic beverages that are properly stored, unopened, in the trunk of an employee's private vehicle on City property will not be considered a violation of this policy. C. APPLICABILITY This policy applies to all bargaining unit employees through the rank of Sergeant. D. DEFINITIONS For purposes of this policy, the following terms have the meanings indicated: 1. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 2. Confirmation Test. A confirmation test means a second analytical procedure to identify the presence of a specific prohibited substance or prohibited substance metabolite in urine which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. 3. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of criminal drug statutes. 4. Counseling means participation in a substance abuse treatment or rehabilitation program. 5. Criminal drug statute means a criminal law involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. 6. Drug Test. A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR part 40, as amended. 7. 'Employee means a YPPA bargaining unit membe. 8. Failing a Drug and/or Alcohol Test. Failing a drug and/or alcohol test means that the test showed positive evidence of the presence of a prohibited substance in an employee's system that is at or above a determined threshold -level. This determination is made- by--the-MRO. 2 Failing a drug and/or alcohol test shall be referred to as "testing positive". Employees who refuse to take a drug and/or alcohol test when requested to do so shall be considered to have failed the substance test. 9. Medical Review Officer (MRO) is a licensed.physician with knowledge of substance abuse disorders and familiarity with the characteristics of laboratory tests selected by joint agreement between the parties to receive positive drug test results from the laboratory, analyze and interpret the results, and report to the City those results as outlined in Section I of this policy. 10. Passing a Drug and/or Alcohol Test. An individual passes a drug and/or alcohol test when. an MRO determines that the results of the test: a. Showed no evidence of a prohibited substance or prohibited substance metabolite; b. Showed evidence of a prohibited substance or prohibited substance metabolite for which the employee has a prescription; c. Showed evidence of a prohibited substance or prohibited substance metabolite below a determined threshold level; or d. Were suspect because of irregularities caused by persons other than the employee in the administration of the test, observation, or custody and control procedures. Passing a drug and/or alcohol test shall be referred to as "testing negative". 11. Prohibited Substances are those substances whose dissemination is regulated by law, including, but not limited to narcotics, depressants, stimulants, hallucinogens, cannabis, and alcohol. For the purpose of this policy, substances that require a prescription or other written approval from a licensed health care provider or dentist for their use shall also be included when used other than as prescribed. The drugs and/or their metabolites that are included in these categories are as follows: 1. marijuana 2. cocaine 3. opium or. opiates 4. phencyclidine (PCP) 5. amphetamines or methamphetamines 12. Reasonable suspicion means facts and circu.nnstances sufficiently strong to lead a reasonable person to suspect that the employee is under the effects of drugs and/or alcohol. - 13. Representation means union or legal representation. 14. Refusal. to Submit means an employee fails to provide adequate urine or breath for testing without a valid medical explanation, the employee engages in conduct that obstructs the testing process, or the employee does not cooperate fully in the collection process. Examples of refusal to submit include the following: a. Failure to appear for a test. b. Failure to remain at the testing site until the testing process is complete. c. Failure to permit the monitoring of the provision of a specimen. d. Failure to take a second test as directed by the collector. e. Tampering with or attempting to tamper with a urine sample. f. Failure to provide necessary documentation to the MRO when requested. g. Failure to complete all required forms and documents. 15. Screening Test. A screening test means an immunoassay screen (or other Department of Health and Human Services (DHHS)-approved test) utilized to eliminate "negative" urine specimens from further consideration. 16. Substance abuse means the use of a substance, including medically authorized drugs other than as prescribed for the user, which impairs job perfoin&ance or poses a hazard to the safety and welfare of the employee, the public, or other employees. 17. Substance Abuse Professional (SAP) is a licensed physician, psychologist, social worker, employee assistance professional, or addiction counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission with knowledge of and clinical. experience in the diagnosis and treatment of drug and alcohol-related disorders. 18. Unreasonable Delay means a delay of the testing procedure for a period of time, as defined by the collection site or laboratory personnel, which could render the test useless or inaccurate. E. EDUCATION Communicating this policy to employees is important to its success. Therefore, all covered employees shall -receive- one written copy of this policy upon its -- 4 4 implementation and all new covered employees will receive one copy during employee orientation. In addition, pursuant to the provisions of the Drug -Free Workplace Act of 1988, the City will establish an education and training program to assist employees to understand and avoid the perils of drug and alcohol abuse. The City will use this program in an ongoing educational effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The City's program will inform employees about: • The dangers of drug and alcohol abuse in the workplace; • The City's policy of maintaining a drug- and alcohol -free workplace; • The availability of drug and alcohol treatment, counseling and rehabilitation programs; and • The penalties that may be imposed upon employees for drug and alcohol abuse violations. As part of its program, the City shall provide educational materials concerning: • This Policy; • The effects of alcohol and drug use on an individual's health, work and personal life; • Signs and symptoms of an alcohol or drug problem; and • Available methods of intervening when an alcohol or drug problem is suspected, including confrontation and/or referral to management. In addition to the training above, the City shall provide annual training to supervisors who may be asked to determine whether reasonable suspicion exists to require an employee to undergo drug and/or alcohol testing. The supervisory training shall include training on alcohol abuse and drug use. This training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol. abuse and drug use. Supervisors who have not received the initial training described above will not be asked to determine whether reasonable suspicion exists to initiate drug/alcohol testing. However, these supervisors may request another supervisor who has undergone this training to make the determination. F. EMPLOYEE RIGHTS AND RESPONSIBILITIES 1. The City shall not require an employee to undergo a reasonable suspicion drug and/or alcohol test unless there is reasonable suspicion to indicate the employee is under the influence of a substance which causes the employee to pose a hazard to the safety of the employee, the public, or other. employees. 5 2. It is the employee's responsibility to report for duty, able to perform his/her job safely and effectively, unimpaired by drugs, alcohol, or any other intoxicating substance. 3. The appropriate use of legally prescribed drugs and over-the-counter medication is not prohibited. Employees are responsible for: obtaining from their health care provid.er adequate information about the effects of prescription medication on job performance and promptly notifying his/her supervisor of same; or promptly notifying his/her supervisor of the effects on job performance of over-the-counter medication being taken. It is, however, the employee's responsibility to inform health care providers of the employee's job duties, obtain from their health care provider adequate information about the effects of prescription and over- the-counter medications on job performance, and report to his/her supervisor the possible effects of any medication may have on. job performance that may create a direct threat by impairing job performance of safety -sensitive functions. 4. Employees are prohibited from possessing, manufacturing, using, distributing or selling alcohol, controlled substances or drug paraphernalia on City premises (including City vehicles) or while on duty. For purposes of this policy, "on duty" time includes meal and break periods during the work day. Alcoholic beverages that are properly stored, unopened in the trunk of an employee's private vehicle on City property will not be considered a violation of this policy. 5. Employees are encouraged to request assistance with drug use and/or alcohol abuse problem(s), with the understanding that a voluntary request for assistance will not be used as the basis for disciplinary action. However, a request for assistance shall not be used to exempt employees from job performance requirements. 6. In accordance with the Drug -Free Workplace Act of 1988, an employee who is convicted of a violation of a criminal drug statute shall notify the City's 1-Iurnan Resources Manager no later than 5 days after such conviction. 7. Employees have the right to challenge any discipline imposed in accordance with the Grievance procedure of this contract. 8. Positive drug tests will automatically trigger a test of a second specimen. The test of the second specimen must be processed at a different Department of -Health and -Human -Services certified -laboratory than the laboratory that tested the primary specimen. The City will pay the cost of the split specimen test. 9. Employees having knowledge of another employee's condition/behavior that poses a potential threat to the safety of employees and/or the public shall immediately advise their immediate supervisor. 10. Ernployees may have an Association representative or legal counsel present at the collection facility. However, the lack of Association representation or legal counsel shall not cause unreasonable delays in the collection process. 11. Employees shall fully cooperate inthe collection process. G. DETECTION 1. Reasonable Suspicion. An employee may be required to undergo a reasonable suspicion drug and/or alcoholtest when reasonable suspicion exists to indicate that the employee is under the influence of drugs or alcohol. 2. The decision to conduct a reasonable suspicion drug and/or alcohol test shall be made by a reporting supervisor and the next highest-ranking supervisor on duty. For purposes of this policy, acting officers are considered supervisors. The higher of the two supervisors will make timely notification of the situation to the department head or the department head's management level designee and the Human Resources Manager or his/her designee. Refusal to submit a drug and/or alcohol test authorized by this policy shall be grounds for discipline, up to and including discharge. 3. Searches. (a) The Department has the right to search, without employee consent, City -owned property to which the employee has no reasonable expectation of privacy. These areas may include office space, desks, file cabinets and the like, that several different individuals may use or access. A reasonable expectation of privacy shall exist for personal containers marked and locked inside an Officer's desk drawer. (b) If an employee's consent to search is first obtained, the Department shall have the right to search private property belonging to- -the- employee, such as -a personal equipment bag, 7 brief case, or private vehicle. If such consent is given, the employee shall have the right to Association representation during the search. (c) If the DeparinLent requests the employee's consent to search, the Department shall first informthe employee that: (1) The Department has reasonable suspicion to suspect that evidence exists within the area or item to be searched which could be used in disciplinary and/or legal proceedings against the employee; and (2) The employee has the right to Association representation during the search if consent is given; and (3) Refusal to.give consent to search will not be considered by the Department to be an admission of guilt or cause for disciplinary or retaliatory action. (d) An employee's refusal to give consent to search shall not preclude the Department from conducting a search according to and in the manner authorized by law. H. TESTING PROCEDURES Drug and alcohol testing shall be conducted in a manner designed to protect employees' privacy, protect the integrity of the testing process, safeguard the validity of test results, and ensure that those results are attributed to the correct employee. The City and Association agree that if the security of a urine, breath, or blood sample is compromised in any way, any positive test resulting from that sample shall be invalid and may not be used for any purpose except to the extent the employer can prove the employee spoiled the test. 2. Employees who are required to undergo a reasonable suspicion drug and/or alcohol test will be provided transportation to the collection facility and shall also be offered transportation home by the Department representative. 3. Employees may have an Association representative present at the collection facility for a reasonable suspicion drug and/or alcohol test. However, the lack of Association representation shall not unreasonably delay the collection process. 8 4. Employees required to undergo a drug and/or alcohol test shall cooperate fully in the collection process and complete all required forms and documents. These forms may include a Consent/Release form and an Interview Form. 5. Urine samples for drug testing shall be colI.ected at a collection site in the City of Yakima mutually selected by the City and Association. The urine sampI.e is produced by the employee alone in a restroom. The medical technologist will examine the restroom before and after to ensure that no other samples were present and that no substances were available for tampering. Each sample shall be subjected to a laboratory testing protocol to detect tampering. The medical technologist will take the sample, seal it, label it with the employee's identification, and sign a document that begins a formal chain -of -possession procedure. Each person who handles the sample, including the person who performs the tests, will sign the document. When not being handled, samples are stored in a locked refrigerator. The purpose of this procedure is to ensure that samples do not get switched during testing. Any specimen that tests positive for drugs shall be retained in Long-term frozen storage by the laboratory conducting the analysis for one year. 6. If medical personnel at the collection site have reason to believe that an adulterated or substituted sample has been provided (or that the employee may alter or substitute the sample), the employee will be required to submit a second sample (or an original sample, in the case of an employee providing a substituted sample). This collection shall be under the direct observation of a same gender collection site staff person. The employee will be required to provide the additional or original sample during an observed collection prior to leaving the collection site. 7. Urinalysis will be performed at a test laboratory certified by the U.S. Department of Health and Human Services (DHHS) and mutually selected by the City and the Association. Drug testing by urinalysis involves an initial screening performed by the enzyme multiplied immunoassay test (EMIT). Any positives test is then confirmed by a second test of the same sample by Gas Chromatography/Mass Spectrometry (GC/MS). Prescription information will not be requested from an employee prior to laboratory testing. The City's designated MRO shall receive and interpret test results. Laboratory urinalysis of urine specimens shall be restricted to those test authorized by this policy to detect drug use. They shall not be used for other purposes such as the analysis of physiological states or diseases. The laboratory shall test for only the substances and within the limits as follows for the initial and confirmation tests: - Initial Tests AIcoho1.02 g/210 ml expired air Marijuana metabolites 50 ng/ml Cocaine metabolites 300 ng/m1 Opiate metabolites (1) 300 ng/ml Phencyclidine 25 ng/ml Amphetamines 1000 ng/m1 (1) If immunoassay is specific for free morphine the initial test level is 25 ng/ml. Confirmation Test Alcohol.02 g/210 ml expired air Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/ml Codeine 300 ng/rnl 6-acetylmorphine 10 ng/nil Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml 8. Alcohol shall be tested by means of a Breathalyzer machine currently in use (B.A.C.) or future equipment which may supersede the B.A.C. machine (but excludes the P.B.T, device). Breathalyzer alcohol tests shall be conducted in private at the collection site mutually selected by the City and the Association. The testing shall require two breath samples within the proper variance. If the initial test (comprised of the two breath samples) indicates an alcohol concentration of .02 or greater, the employee may choose to allow a second test to confirm the results. The second confirmatory test shall be by means of a blood draw using a .02 blood alcohol concentration level to measure a positive test. If the employee chooses not to take the second confirmatory test, the first test will be used to determine alcohol concentration. 9. Upon written request to the Human Resource Manager by the employee, the City shall make one legible copy of the results of his/her drug and/or alcohol tests available to the employee. 10. All information collected in the process of conducting a drug and/or alcohol test shall be treated as confidential information. These files shall be separate from the personnel file, sealed, and maintained in a secure medical file. Except as required by law or authorized by the employee, the City shall not release such records. Test results obtained pursuant to this policy shall not be used as the basis for criminal investigation. 11. Employees who refuse or fail to fully cooperate in the collection process may be subject to discipline up to and including discharge. Examples of a failure to fully cooperate include such actions as refusing to signthe necessary consent/release forms; delaying and/or obstructing the collection process; failing to provide the specimen for testing; and attempting to substitute or adulterate a specimen. The foregoing list is not intended to be an all-inclusive list. City management shall, in all circumstances, have the final right to determine the appropriate level of discipline depending on the specific circumstances, the employee's performance record, and any other pertinent facts. I. REPORTING OF RESULTS 1. Alcohol Test Results. a. Negative Test Results. If the test result is below 0.02 g/210 ml expired air, the laboratory or collection site personnel will report to the Chief or his/her designee that the employee tested negative for alcohol. b. Positive Test Results. If the test meets or exceeds 0,02 g/210 ml expired air, the laboratory or collection site personnel shall report to the Human Resources Manager that the employee tested positive for alcohol. The Human Resources Manager will report the results to the appropriate City personnel. 2. Drug Test Results. a. Negative Test Results. Laboratory personnel will advise the Police Chief or his/her designee directly of all negative drug test results. b. Positive Test Results. The City shall have a designated Medical Review Officer (MRO), to review and interpret any positive drug test results. The laboratory will advise only the MRO of any positive drug test results. The MRO must examine alternate medical explanations -for any positive test results. This- process 11 shall include a request for an interview with the affected employee and review of the employee's medical history and any other relevant biomedical factors. The MRO must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. Employees involved in this step of the examination shall make themselves and any relevant records they wish to present available to the MRO within 48 hours after request. After reviewing the incident file and interviewing the employee, the MRO shall report to the Human Resources Manager the naive of the employee and whether a positive test of a prohibited substance has been. verified. The Human Resources Manager shall report the results to the appropriate City personnel. The employee shall be placed on administrative leave status pending completionof the investigation and/or disciplinary action, and/or return to duty. 3. Rehabilitation Program. If the tested employee is referred on to rehabilitation or treatment, the MRO is authorized to communicate specific results to the Substance Abuse Professional (SAP) or counselor overseeing the employee's treatment program. 4. Grievance. The laboratory and/or the MRO will be authorized to release specific test results to the City and the Association in cases of a grievance and/or legal challenge. DISCIPLINE AND TERMINATION 1. Employees who violate the drug and alcohol policy will be subject to a range of disciplinary consequences depending upon the severity of the violation, the employee's past performance record, and other relevant facts and circumstances. In all cases, the City reserves the right to determine the appropriate disciplinary and/or rehabilitation response subject to the collective bargaining agreement, Police Civil Service Rules and Regulations, and all other applicable rules and regulations. 2. Employees are subject to disciplinary action, up to and including discharge, for any of the following: a. Refusal to submit to a drug and/or alcohol test. b. Drinking alcoholic beverages or using prohibited substances while 12 on duty (including breaks and meal periods), on City property, or in City vehicles. c. Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any prohibited substance, while on duty (including breaks and meal periods), on City property, or in City vehicles. d. .Any criminal drug statute conviction and/or failure to notify the City within 5 days of such conviction. e. Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP. f. Testing positive in a drug and/or alcohol test. g. Failure to report to a collection site as directed. h. Disclosing the identity of an officer selected for unannounced testing or the fact that un unannounced selection is scheduled to take place prior to the collection of urine specimens. i. Any other violation of this policy. K. REHABILITATION AND RETURN TO DUTY 1. As required by the Federal Drug -Free Work Place Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), within 30 days of the City's receiving notice that an employee has been convicted of violating a criminal drug statute in the workplace, the City will take appropriate persormel action up to and including termination or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. 2. The City recognizes that substance abuse can be successfully treated, enabling an employee to return to satisfactory job performance. The City offers employees the use of counseling and rehabilitative services in accordance with the terms of its benefit programs, including the City EAP. Employees are personally responsible for seeldng treatment for substance abuse and are responsible for all costs not covered by insurance or otherwise paid for by the City. Employees who are concerned about their own drug use and/or alcohol abuse are encouraged to voluntarily seek assistance through the City's EAP. All such voluntary requests for 13 assistance will remain confidential. 3. Rehabilitation a. Any employee who tests positive for a prohibited substance, and is not terminated from employment, shall be referred to an SAP for a medical evaluation, counseling and/or rehabilitation treatment. If the employee is required to participate in such a program, his/her reinstatement or continued employment shall be contingent upon: 1) Successful completion of the program and remaining drug- and/or alcohol -free for its duration; and 2) Passing a return to duty drug and/or alcohol test as recommended by the SAP; and 3) Obtaining a final release for duty by the SAP (the final release for duty may be preceded by a temporary release for duty). 4) Nothing in this section prohibits the City from disciplining or terminating an employee wh.o tests positive for a prohibited substance. b. Employees who successfully complete a rehabilitation program and are released for duty, in addition to being subject to reasonable suspicion testing at any time pursuant to this policy, will be subject to follow up testing, which involves unannounced drug and/or alcohol testing at least 6 times during the following 12 months. The SAP will determine the dates for these drug and/or alcohol tests. The SAP will communicate these dates to the Human Resources Manager, who will inform the appropriate Police Department supervisory personnel to schedule these dates with the employee. The appointment for the collection will be made in advance and maintained in a confidential manner by the Department until the day of collection. The Department shall provide the supervisor with adequate notice of the test dates. The employee will not be notified until just prior to the testing. The employee may request an Association representative to accompany him/her to the collection site, provided the sample is collected without unreasonable delay. c. Upon notification of selection for the follow up tests, the employee must proceed directly to the collection site for testing. d. Refusing to submit to a return to duty or a follow-up test will be considered grounds for discharge. If the selected employee fails 14 to report to the collection site without unreasonable delay this will. also be considered grounds for disciplinary action up to and including discharge. 4. Employee Self -Referral Rehabilitation a. If an employee voluntarily enters a drug/alcohol rehabilitation program, it shall not be considered an offense under this policy. Such employees are, however, still subject to this policy and may be required to undergo drug and/or alcohol test if reasonable suspicion exists. Employees who voluntarily enter a drug or alcohol rehabilitation program shall be required to use sick leave, vacation, holiday leave bank, compensatory time, or leave without pay. Ali appointments with the SAP may be scheduled as vacation, sick leave, or leave without pay pursuant to City policies. b. The employee will be responsible for all costs, not covered by insurance, which arise fromsuch treatment. 5. Return to Duty The employee will not return to work until the employee has a release for duty from the SAP and has passed a return to duty drug and/or alcohol test as recommended by the SAP. The release for duty may be a temporary or final release as described below, depending on the circumstances. a. Temporary Release for. Duty. The SAP may sign a temporary release for duty indicating that the employee can satisfactorily return to regular work assignment and continue treatment on an outpatient basis. The temporary release for duty shall indicate the length of time such release is valid not to exceed 4 months. The employee must present a final release for duty on or before the expiration date of the temporary release. A temporary release shall include follow up testing. The employee must present both the temporary and final release for duty to his/her supervisor. b. Final Release for Duty. A final release for duty may be signed by the SAP indicating that the employee has: 1. Satisfactorily completed treatment and follow up testing; or 2. Does not require treatment at this time, and the employee 15 may return to regular work assignment without restrictions. Failure to provide a final release for duty to the supervisor may result in disciplinary action up to and including discharge. 6. Other Conditions Upon Return to Work a. Once an employee provides the supervisor with a final release for duty, the employee may be returned to his/her regular duty assignment. Any records in the employee's personnel file regarding the incident will be retained and purged in accordance with the collective bargaining agreement. b. If an employee tests positive during the 24 month period following rehabilitation, the employee will be subject to discipline, up to and including discharge. L. OTHER 1. The City shall pay for drug and alcohol testing including the expenses of the Medical Review Officer. 2. This policy was initiated at the request of the City and the Employer shall assume sole responsibility for the administration of this policy. The City agrees to indemnify and hold the Association and its officers harmless from any and all claims of any nature (except those arising from the negligence of the Association and/or its officers) arising from the Employer's laboratories, or Medical Review Officer's implementation of this policy. 3. The parties recognize that there may be improvements in the technology of testing procedures which provide more accurate testing for on-the-job impairment or which constitute less invasive procedures for the employees. In that event, the parties, upon request of one to the other, will bargain in good faith whether to amend this procedure to include such improvements. If the parties are unable to agree, the issue will be submitted to impasse procedures under RCW 41.56. 4. If any provision of this policy shall be held invalid by operation of law or any Tribunal of competent jurisdiction, of if compliance or enforcement of any provision should be restrained by such Tribunal pending final determination as to its validity, the remainder of this policy shall not be held to be invalid, and will remain in full force and effect, and the parties, upon request of one to the other shall initiate immediate negotiations for 16 the purpose of arriving at a mutually satisfactory replacement of such provision. 5. The following attachments shall be a part of this Policy: Sergeant's Guidelines for Reasonable Suspicion Testing, and City of Yakima Police Department Drug and Alcohol Policy Reasonable Suspicion Test Form. CITY OF YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY SERGEANTS' GUIDELINES FOR REASONABLE SUSPICION TESTING The primary goal of the Drug and Alcohol Policy is to provide a working and service delivery environment free from the effects of alcohol/drug abuse. The Sergeant's role is to identify employees who inay be a threat to the safety and welfare of the. employee, other employees,. and the public by being under the influence of drugs and/or alcohol while on -duty. Such employees must be removed from the workplace. 1. Once you become aware that an employee is or may be impaired by drugs or alcohol, contact your appropriate command staff and explain the situation. 2. If your command staff decides that the test is appropriate, relieve the employee of duty with pay during the course of the exam and MRO review. 3. Complete a report describing the basis for the test including observable behavior. You may use the Yakima Police Department Drug and Alcohol Policy Reasonable Suspicion Test Form as a guide to help you complete your report. 18 CITY OF YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY REASONABLE SUSPICION TEST FORM (CONFIDENTIAL) Employee Name: Date/Time of Incident: Supervisor #1 Name: Supervisor #2 Name: The following information should be provided when facts and circumstances provide reasonable suspicion that an employee is under the influence of drugs or alcohol. The supervisor(s) should document all pertinent facts and circumstances. Check each appropriate box and make any additional notes or comments in the spaces provided. A. CONTRIBUTING EVENT/CAUSE FOR SUSPICION o Employee appears to be unpaired by alcohol or drugs. o Employee used an unlawful prohibited substance in the work place. o Supervisor observed abnormal or erratic behavior (list below.) o Employee refused to submit to or willfully interfered with drug or alcohol testing required in accordance with this policy. o Other (Example: flagrant safety violations, accidents, incidents, fighting or argumentative/abusive language.) B. BEHAVIORS OF CONCERN C. o Verbal abusiveness/explosive angry behavior o Physical abusiveness/fighting o Impaired memory/perception/judgment o Mood swings or unpredictable behavior o Avoiding others/withdrawal o Other behaviors of concern (Example: hyperactivity, hallucinations, disorientation, etc) OBSERVED SIGNS AND SYMPTOMS Erratic or drunken behavior Mood swings Verbal abusiveness Odor of alcohol/marijuana Disoriented or Impaired Shallow breathing Shaking or tremors Slowed responses/lethargic 19 Secretive behaviors Physical abusiveness/fighting Dilated pupils/constricted pupils Weak rapid pulse Memory/p erc eption/j udgment Explosive/angry behaviors Clammy skin Nausea/vomiting Drowsiness/fatigue Red/bloodshot or watery eyes Runny nose, sores around nostrils Increased pulse or blood pressure Loss of appetite/insatiable appetite Drug paraphernalia Insomnia/sleeping disorders Needle "tracks" Lack of concentration Poor muscle control/coordination Increased alertness/hypersensitive Social detachment or isolation Psychological dependency Illogical speech and thought process Irritability Sudden increase in absenteeism D. WRITTEN SUMMARY Dizziness Psychosis Illusions/hallucinations Anxiety/anxiousness Dry mouth Euphoria Nervousness Slurred speech Increased body temperatures Convulsions Flashbacks Unpredictable behavior Preoccupation Overreaction to criticism Anxiousness Please summarize the facts and circumstances. Include any observations, comments, questions or employee responses made through direct observations, details of incidents, or third party reports. Be specific. Please note the date, times and locations of all pertinent information. Attach additional sheets if necessary. Signature of Supervisor #1 Date and Time Signature of Supervisor #2 Date and Time 20 • RESOLUTION NO. D 5820 A RESOLUTION providing for both repeal of prior resolutions for indemnification against personal liability for City personnel and for provision of broader coverage of City personnel. WHEREAS, the City has been unable to obtain liability insurance except for coverage that carries a $100,000.00 self- insured retention feature; and the City has been unable to obtain police professional insurance and errors and omission insurance except for coverage that is subject to a $10,000.00 deductible feature; and it is unknown whether the City will continue to retain that coverage, or any other, in the future; and WHEREAS, in the interest of attracting elected City positions, and in the interest of candidates for recruiting and retaining City officers, employees, police volunteers, and members of City boards and commissions, without exposing to personal liability under the retention or deductible tures of the City's existing insurance policies or in them fea- the event no coverage may exist in the future, and in accordance with Sections 35.21.205 and 36.16.138, and Chapter 48.62, all of the Revised Code of Washington, the City Council deems it to be in the best interests of the City that City elected and appointed officers, employees, police volunteers, and members of City boards and commissions, be indemnified from personal liability in their conduct of City affairs; and WHEREAs, Resolution Nos. D-5253 and D-5456 have not provided indemnification coverage for police volunteers who perform valuable service for the City of Yakima, now, there- fore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Resolution Nos. D-5232 and D-5456, enacted respectively March 25, 1986 and May 17, 1988, by the City Council of the City of Yakima and each and every section thereof, are hereby repealed. (res/repeal.sc) Section 2. Simultaneous with the repeal of Resolution Nos. D-5232 and D-5456 as effected by Section 1 of this reso- lution, the following is hereby enacted: "Section A. The City shall defend and indemnify all person who hold positions in the below -listed catego- ries against all actions, claims or other proceedings threatened or instituted against them and which arise from the performance, purported performance, or failure of performance of their duties for or employment with the City; and the City shall hold them harmless from all expenses and liability connected with the defense or settlement of such claims and from liability for any monetary fine or judgment entered in an such action or proceeding. Covered categories: City of Yakima elected or appointed officers, City of Yakima employees, Members of City of Yakima boards and commissions, City of Yakima Police Reserve Officers, commissioned and non-commissioned, Police Explorers, On -Guard Crime Prevention volunteers. Section B. The defense, indemnification, and hold harmless provisions of this resolution shall be afforded only to persons who are in the categories listed in Section 2 hereof, at the time of occurrence of the incident on which the action, claim or proceeding is based. Further, the defense, indemnification or hold harmless provisions of this resolution shall be afforded only to those persons who exercised good faith in their performance, purported performance, or failure of per- formance of their duties for or employment with the City on which the action, claim or proceeding is based, and who were not acting clearly outside the scope of their authority as City officers, employees, police volunteers, or members of City boards or commissions; and no civil or criminal fine shall be paid for any person who knew, or should have known with the exercise of reasonable care, that the conduct or failure to act, on which the fine is based, was unlawful. The determination of whether an employee or police volunteer was acting in good faith within the scope of employment or duties, and without knowledge or discoverable knowledge of the unlawfulness of the person's conduct, shall be made by the City Mana- ger; and that determination as to elected City officers and all members of City boards and commissions shall be made by the City Council. 2 (res/repeal.sc) Section C. The monetary amount of indemnifica- tion shall be the reasonable and necessary expenses actually incurred and connected with the defense, settle- ment, and monetary fine or judgment, including costs, disbursements, and attorney's fees, arising from the action, claim, or other proceeding, and shall include the amount of both civil and criminal fines actually imposed unless it is found by the City Manager or City Council, as the case may be (as provided by Section B of this resolution), that the person liable therefore knew, or should have known with the exercise of reasonable care, that the conduct or failure to act on which the fine is based, was unlawful. Section D. In order to be eligible for the defense, indemnification, or hold harmless provisions of this resolution, the person seeking that protection must notify the City Manager immediately on learning that a claim is threatened or made, or that an action or other proceeding is filed or commenced, and provide the City Manager with a copy of all claims, pleadings, reports or other documents in that person's possession related to the claim, action or proceeding; and further must agree that the defense shall be conducted by investigators and legal counsel designated by the City, unless the City Council approves the hiring of other investigators or defense counsel for any particular claim, action or proceeding. Section E. The agreed settlement of any claim, action or other proceeding against a City officer, em- ployee, police volunteer, or board or commission member falling within the provisions of this resolution shall be subject to the approval of the City Council. Section F. The defense, indemnification, or other hold harmless provisions of this resolution shall not be afforded to any City officer, employee, police volunteer, or board or commission member in any claim or cross-claim, action, or proceeding of any nature threat- ened, filed, or instituted by the City against that officer, employee, police volunteer, or board or commis- sion member. Section G. The defense, indemnification, and hold harmless provisions of this resolution shall apply to any deductible or self-insurance retention provided for or required by any insurance coverage held by the City at the time of the adoption of this resolution or acquired thereafter, regardless of the amount of the deductible provision or self-insurance retention require- ment; and, further, the inability or failure of the City to apply for or acquire any insurance shall not limit the protection afforded by this resolution to City employees, 3 - (res/repeal.sc) officer, police volunteers, and board or commission members, in which event the defense, indemnification, and hold harmless provisions of this resolution shall to the full monetary amount of the expenses defined in Section C of this resolution." ADOPTED BY THE CITY COUNCIL this 1990. ATTEST: — 4 (res/repeal.sc) day Mayor • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No "1 For Meeting Of 01/04/2011 ITEM TITLE Consideration of a Resolution authorizing and directing the City Manager to execute a collective bargaining agreement for 2011 with the Yakima Police Patrolmans Association (YPPA) representing the Yakima Police Officers and Sergeants SUBMITTED BY Dave Zabell, Assistant City Manager Colleen Chapin, Deputy Human Resources Manager CONTACT PERSON/TELEPHONE Colleen Chapin, 575-6124 SUMMARY EXPLANATION Attached are the Resolution and Collective Bargaining Agreement which finalizes the negotiation process with YPPA bargaining unit for 2011 This contract represents the result of several months of negotiations between the parties The settlement package is outlined below • 0% wage increase for 2011 • Increase bilingual skills compensation for qualified employees from 2% to 3% • $100 00 annual footwear allowance for Blue & Gold Patrol Teams • Increase holidays with pay from eleven (11) to Twelve (12) At the time of this submittal, the YPPA had not yet completed their ratification vote of the proposal Resolution X Ordinance Other (Specify) Contract Mail to (name and address) Funding Source Phone APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Subject to ratification by the YPPA, adopt Resolution authorizing the execution of the YPPA Police Officer and Sergeants Collective Bargaining Agreement BOARD/COMMISSION/COMMITTEE RECOMMENDATION COUNCIL ACTION