Loading...
HomeMy WebLinkAboutR-1998-048 1998-2000 Collective Bargaining Agreement / YPPARESOLUTION NO. R-98- 48 A RESOLUTION authorizing and directing the City Manager and City Clerk of Yakima to execute a collective bargaining agreement for calendar years 1998, 1999 and 2000 with the Yakima Police Patrolmans Association (YPPA). WHEREAS, pursuant to requirements " of state law, labor negotiations have occurred between the City and Yakima Police Officers and Sergeants represented by the Yakima Police Patrolmans Association (YPPA), resulting in the attached proposed collective bargaining agreement " for calendar years 1998, 1999, and 2000, and WHEREAS, the City Council deems it to be in the best interests of the City that such collective bargaining agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to, execute the collective bargaining agreement for calendar years 1998, 1999, and 2000 with the Yakima Police Patrolmans Association (YPPA), copies of which collective bargaining agreement is attached hereto and by reference made part hereof. ADOPTED BY THE CITY COUNCIL this ATTEST: T�f day of April, 1998. Ka), ,s CITY CLERK COLLECTIVE BARGAINING AGREEMENT by and between CITY OF YAKIMA and YAKIMA POLICE PATROLMANS ASSOCIATION Effective January 1, 1998 through December 31, 2000 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT 1 ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES 2 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS 2 ARTICLE 4 - ASSOCIATION SECURITY 3 ARTICLE 5 - NON-DISCRIMINATION 4 ARTICLE 6 - COLLECTIVE BARGAINING 4 ARTICLE 7 - GRIEVANCE PROCEDURE 5 ARTICLE 8 - BUSINESS LEAVE 8 ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT 8 ARTICLE 10 - MANAGEMENT RIGHTS 8 ARTICLE 11 - EMPLOYEES' RIGHTS 10 ARTICLE 12 - WAGES 13 ARTICLE 13 - SHIFT HOURS 14 ARTICLE 14 - VACATIONS 16 ARTICLE 15 - SENIORITY SYSTEM 16 ARTICLE 16 - HOLIDAY ASSIGNMENT 17 ARTICLE 17 - HOLIDAYS WITH PAY 17 ARTICLE 18 - UNIFORM CLEANING AND ISSUE 18 ARTICLE 19 - CLOTHING ALLOWANCE 18 ARTICLE 20 - LIFE INSURANCE 19 ARTICLE 21 - HEALTH INSURANCE 19 ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE 20 ARTICLE 23 - DIFFERENTIAL PAY 21 ARTICLE 24 - SICK LEAVE 22 ARTICLE 25 - TRANSPORTATION 26 ARTICLE 26 - DISPATCHERS 26 ARTICLE 27 - SPECIAL ASSIGNMENT IN HIGHER CLASSIFICATIONS 27 ARTICLE 28 - TRAVEL AND TRAINING TIME 27 ARTICLE 29 - GENERAL, SPECIAL AND PERSONNEL ORDERS 28 ARTICLE 30 - ADVANCE NOTICE OF SHIFT CHANGE 28 ARTICLE 31 - IMPROVED PERFORMANCE AND EFFICIENCY 28 ARTICLE 32 - SAVINGS CLAUSE 28 ARTICLE 33- WITNESS -CIVIL SERVICE BOARD 29 ARTICLE 34 - PHYSICAL FITNESS 29 ARTICLE 35 - DEFERRED COMPENSATION 29 ARTICLE 36 - CODE PROVISIONS 30 ARTICLE 37 - SECURITY DETAIL PAY • 30 ARTICLE 38 - OFF-DUTY EMPLOYMENT 31 ARTICLE 39 - DURATION 33 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 ASSOCIATION/BARGAINING UNIT The City hereby recognizes the Association as the exclusive bargaining representative of employees within the bargaining unit, which consists of all full- time regular police officers, including probationary police officers, of the Yakima Police Department except those persons appointed to positions above the rank of Sergeant. 1 ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES Collective bargaining between the parties shall be carried out by the City Manager, or his designates, on behalf of the City Council, and a person or persons representing the Association. The Secretary of the Association shall notify the City Manager in writing of the names of the person or persons representing the Association for collective bargaining purposes and the City Manager shall notify the Association of his designates in a similar manner. ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS Section 1 - Association Membership. 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 Department permanently appointed to the positions excepted from the bargaining unit by Article 1 of this Agreement. In the event an Association member is permanently appointed to any position excepted from the bargaining unit, active Association membership shall thereupon be closed to him and he shall immediately discontinue active Association membership. Section 2 - Payroll Deductions. The City agrees to deduct Association membership fees, dues and other assessments by the Association against. its members within the bargaining unit from the pay of those members who authorize the City to do so in writing. The Secretary of the Association shall forward signed authorization cards to the Finance Officer of the City setting forth the amounts to be deducted from the pay of each such person. The City shall transmit to the Treasurer of the Association the aggregate of such deductions during each calendar month, together with an itemized statement, on or before the 20th day of each month following the month for which such deductions are made. In the event the City receives a written notice, signed by any person from whose pay such deductions are being made, that no further deductions are to be made, the City shall make no such deductions from any pay earned by that person after receipt by the City of, such notice. The City shall notify the Secretary of the Association of all such notices received by the City, which notification to the Association shall be given in writing no later than the next working day after the receipt of such notice by the City and shall include the name of the person involved. The Association agrees to defend, at the expense of the Association, any claim, allegation, cause of action, or lawsuit against the City arising from the above cited deductions or the transmittal of such deductions to the Association, except one brought by the Association for failure of the City to comply with the terms of the Agreement. :'t'71;. 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, becomeand remain members in good standing of the Association. All employees covered by this Agreement, except new employees during the first thirty-one (31) days of their employment, shall be required to be and remain members in good standing of the Association. The City shall discharge any employees as to whom the Association, through its authorized representative, delivers to the City a written notice that such employee is not in good standing in conformity with this Article. Upon receipt of a notice requesting termination of an employee who has not become or remained a member in good standing of the Association, the City shall immediately notify such employee that if he has not complied with the Association membership requirements of this Agreement within fifteen (15) days, his employment shall automatically be terminated... The Association agrees to withdraw any letter of termination if the employee, in respect to whom such letter has been served, shall complete his membership requirements within the time limit specified heretofore. Any employee having objections to Association membership, based on bona fide religious tenets or teachings of a church or religious body of which he is a member, shall pay an amount of money equivalent to regular Association dues and initiation fees to a non -religious charity or to another charitable organization mutually agreed upon by the objecting employee and the Association. Written proof of payment shall be given to the authorized representative of the Association. If an employee for any reason does not wish to be a member of the Association, that employee shall proportionately and fairly share in the cost of the collective bargaining process. Therefore, the cost for such bargaining unit member shall be fixed proportionately at the amount of dues uniformly required of each member of the bargaining unit to defray the cost of services rendered in negotiating and administering this Agreement. Payment of a maintenance fee in this amount shall be in lieu of another obligation under this Article. Indemnification. The Association shall indemnify, defend, and hold the Employer harmless from all suits, actions, proceedings and claims against the City or persons acting on behalf of the Employer, whether for damages, compensation, reinstatement or any combination thereof arising from the sole application of this Article of this Agreement. In the event that any part of Article III shall be declared invalid or that all or any portion of the monthly service fee must be refunded to any 3 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. All ordinances existing at the time of execution of this Agreement and relating to wages, hours and working conditions for members of the bargaining unit shall be considered a part of this agreement. No ordinance pertaining to wages, hours or working conditions of members of the bargaining unit shall be recommended by the City Manager to the City Council unless mutually agreed upon between the City Manager and the collective bargaining committee of the Association. Section 2. Each year the Association shall submit to the City Manager and the City Manager shall submit to the Association a written proposal for any changes in matters pertaining to wages, hours or working conditions desired for the subsequent year. The written proposals of the Association shall be submitted no later than July 1st, and the City's proposal shall be submitted no later than July 10th. The former date shall be considered the formal commencement of negotiations. The Association and the City shall follow the collective bargaining procedure set forth in RCW 41.56, unless they mutually agree to waive said procedure in whole or in part. Commencement of mediation or arbitration as therein provided shall not prevent the parties from entering into negotiations seeking to resolve any differences during the pendency of mediation or arbitration. Any agreements reached during such negotiations shall be reported to the appropriate panel, and thereafter shall not be considered by said panel. All agreements reached not otherwise included in this Collective Bargaining Agreement shall be reduced to writing in a separate Memorandum of Agreement which shall be signed by the City Manager and the Association's representative. -4 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 recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employee grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which can be resolved only after a formal review. Accordingly, the following procedure is hereby established in order that grievances of employees covered by this agreement may be resolved as fairly and expeditiously as possible. Section 2 - Grievance Defined. A grievance is a dispute involving the interpretation, application or alleged violation of any specific provisions of this Collective Bargaining Agreement. Section 3 - Special Provisions. (a) To be reviewable under this procedure, a grievance must be filed in writing within thirty (30) calendar days after the action or decision giving rise to the grievance. (b) The term "employee" as used in this Article shall mean the Association, individual employee, or group of employees, accompanied by a representative if so desired. (c) An Association officer and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance. (d) The Association may initiate or process grievances with or without the consent of an individual employee except that a discipline grievance can only be pursued by the Association . with the consent of the disciplined employee. (e) A grievance may be entertained in or advanced to arty step in the grievance procedure if the parties so jointly agree. In the event the grievance relates to discipline greater than a written reprimand, the 5 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. (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 dayafter 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 Immediate Superior. As soon as possible, but in no case later than thirty (30) calendar days after an employee has been madereasonably aware of a wrongful act charged, an employee shall first reduce his grievance to .writing and discuss it with his immediate superior. Said superior shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision, and the reasons therefore, within seven (7) calendar days. (b) Written Grievance to Division Lieutenant. If the grievance is not resolved in Step 1, then the written grievance may be submitted by the employee to the Division Lieutenant within seven (7) calendar days of receipt of the written decision of the immediate superior. The Division Lieutenant shall hear the grievance and forward a written decision and the reason therefore, to the employee within seven (7) calendar days after receipt of the grievance. In the event there is no Lieutenant in the employee's chain of command, the grievance shall be filed with the Captain. (c) Written Grievance to Division Captain. If the grievance is not resolved in Step 2, then the written grievance may be submitted by the employee to the Division Captain within seven (7) calendar days of receipt of the written decision of the immediate supervisor. The Division Captain shall hear the grievance and forward a written decision, and the reasons therefore, to the employee within seven (7) calendar days after receipt of the grievance. (d) Grievance Appealed to Police Chief. An employee who is dissatisfied with the decision of the Division Captain may submit the grievance in writing within ten (10) calendar days to the Police Chief. The Police Chief shall make a separate investigation and notify the employee in writing of his decision, and the reasons therefore, within ten (10) calendar days after receipt of the employee's grievance. (e) Grievance Appealed to City Manager. An employee who is dissatisfied with the decision of the Chief of the Police Department 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 Department. Upon receipt of the request for such a review, the City Manager shall, within ten (10) calendar days, convene a board comprised of a representative of the City, a representative of the Association or the aggrieved party, and a third (3rd) member selected by the aforementioned two (2) members, who shall serve as the Chairman. If the representative of the City and the aggrieved cannot agree upon a third (3rd) member within ten (10) working days, they. shall request that the Civil Service Commission for Police and Fire of the City of Yakima designate a neutral citizen of the City of Yakima, to serve as the Chairman. The Committee shall investigate the grievance and make recommendations to the City Manager for resolution of the grievance within thirty (30) calendar days following the Committee's formation. If either party wishes to appeal the matter further, said party shall proceed to request arbitration in accordance with paragraph (f) below. (f) Arbitration. At either party's request, the grievance may be submitted to arbitration as the final step in the grievance procedure. In the event the parties are unable to mutually agree upon an arbitrator, either party may request a list from the Public Employment Relations Commission for eleven (11) qualified arbitrators. The parties shall select an arbitrator from the applicable list by mutually .agreeing to an arbitrator or by alternately striking names. The parties shall flip a coin to decide who starts the striking process. The final name left on this list shall be the arbitrator. The arbitrator's decision shall be final and binding but the arbitrator shall have .no power to alter, modify, add to or subtract from the terms of this agreement. ARTICLE 8 - BUSINESS LEAVE Section 1. Members representing the Association, not exceeding three (3) in number, shall be granted leave from duty without any loss of pay during the pre - impasse period as provided in RCW 41.56, for all meetings between the City and the Association for the purpose of negotiating the terms of a contract, when such meetings take place at a time during which any such members are scheduled to be on duty. Section 2. Members representing the Association, not exceeding three (3) in number, shall be granted leave from duty without any loss of pay during the post - impasse period as provided in RCW 41.56, for meetings between the City and the Association for purposes of negotiating a contract or attendance at mediation, or arbitration hearings when such activities take place at a time during which any such members are scheduled to be on duty; provided, however, that the cumulative total of all such paid leave during the post -impasse period shall not exceed fifteen (15) days. Section 3. Such officers and members of the Association as may be designated by the Association, not to exceed two (2) in number at any one time, shall be granted leave from duty without pay for Association business, such as attending labor conventions and educational conferences regarding collective bargaining, provided that notice of such conventions or conferences shall be given at least one (1) week prior thereto to Chief of the Police Department, and provided further that the total leave for the bargaining unit for the purposes set forth in this section shall not exceed fifteen (15) days in any fiscal year. Section 4. Officers and members of the Association on business leave, either paid or unpaid, will list the date, place and nature or reason for leave on forms required by the Chief of Police, to enable the Chief to verify the legitimacy of such absence. 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 8 • right and prerogative of the City to make and implement decisions with respect to the operation and management of the Police Department. Such rights and prerogatives include, but are not limited to, the following: (1) Establish, plan for, and direct the work force toward the goals of the City with regard to police services. (2) Determine the organization, and the merits, necessity and level of activity or service provided to the public. (3) Determine the City budget and financial policies including accounting procedures. (4) Determine the procedures and standards for hiring and promotion consistent with Civil Service rules and regulations and the City Charter. However, if the Employer seeks to change Civil Service rules, then the parties will bargain about those changes. (5) Determine and direct, from time to time, transfers and assignments of personnel to and from different duties, responsibilities and/or Departments. (6) Decision to lay off personnel due to lack of work, lack of funds or reorganization. (7) Discipline personnel for just cause. (8) Determine and direct, from time to time, the retention or discontinuance of positions and classifications. (9) Determine, from time to time, job descriptions, duties of personnel and job classifications. (10) Determine the methods, means, equipment, numbers and kinds of personnel necessary to effectively and efficiently provide police and related services to the public. (11) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. (12) Assign work to and schedule employees in accordance with classifications and position descriptions, and to establish and change work schedules in accordance with Article 13. 9 (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. No employee shall be compelled by the City to give self-incriminating information, either verbal or written, during any criminal investigation when such investigation involves allegations against himself nor in any internal investigation which could lead to a criminal charge against himself. Any refusal by an employee to give self- incriminating information under these conditions will not result in his termination, suspension, reprimand, transfer nor any other form of disciplinary action by the City. Section 1 - Discipline and Discharge. All discipline must be based upon just cause. Any discipline shall be imposed in a manner least likely to embarrass the employee before the public or other employees. Any disciplinary action imposed upon an employee may be the basis for a grievance through the regular grievance procedure. Disciplinary actions or measures shall include the following: oral admonitions and warnings; written reprimand or written letters of warning; transfer for disciplinary reasons; suspension; demotion, or discharge.. Discipline shall be progressive in nature where appropriate. Section 2 - Bill of Rights. All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Police Officers Bill of Rights." The wide ranging powers and duties given to the Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning . the actions of members of the force. These questions often require an immediate investigation by superior officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline,. the following guidelines are promulgated. - 10 - (a) Notification of formal internal investigation. Whenever the Chief of Police orthe designated alternate of the Chief of Police decides to conduct a formal internal affairs investigation, any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation, and advised of the rights of the employee at least twenty-four (24) hours before any interview of the employee begins. The affected employee may waive the requirement to wait twenty-four (24) hours. Written notice shall include .sufficient information necessary to reasonably apprise the employee of the allegations of such complaint. (b) Recording Interviews. At the request of either the interviewer or the Association . member, the interview will be recorded and a copy provided to each party. If either party objects to tape recording the interview, a court stenographer will be used and the expenses for stenography and transcription of two copies will be divided evenly between the City and the Association. At the time the notice of interview is given, each party will elect their preference of recording. (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. The Association representative,. employee attorney or Association attorney may participate to the extent permitted by the law. (d) The questioning shall not be overly long and the employee shall be entitled reasonable intermissions as the employee shall request for personal necessities, meals, telephone calls and rest periods. (e) The employee shall not be subjected to any offensive language, nor shall the employee be threatened with dismissal, transfer, or other disciplinary punishment as a• guiseto obtain the resignation of the employee nor shallthe employee be intimidated in any manner. No promises or reward shall be made as art inducement to answer questions. - 11 - (f) 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 arty threatened disciplinary action. Disclosure of Investigation. No later than five (5) business days (Monday through Friday) prior to a pre -disciplinary hearing, the employee shall be advised of the results of the investigation and the recommended disposition and shall be furnished a complete copy of the investigation report, provided that the Employer is not required to release statements made by persons requesting confidentiality where the request was initiated by such persons, and provided further, such confidential statements may not be relied upon to form the basis of discipline. The employee and any representative of the employee are prohibited from contacting any witnesses or complainants in the investigation until such time as disciplinary action is actually taken. (h) Use of Deadly Force Situations. When an employee, whether on or off duty, uses deadly force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the employee shall not be required to make a written orrecorded statement for twenty- four (24) hours after the incident except that immediately following the incident the employee shall verbally report to a superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects. The affected employee may waive the requirement to wait twenty-four (24) hours. (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 Sheriff's and Police Chiefs, the International Association Chiefs of Police, the American with Disabilities Act, and other applicable State or Federal Laws. Consultations with the City's Employee Assistance Program are not considered psychological or medical examinations. Personnel Records. The Police Department shall maintain only one working personnel file for each employee. The City Human Resources Division will retain the permanent personnel file. This does not preclude a supervisor from maintaining notes regarding an employee's performance, or the Department from maintaining computerized records relating to training, promotion, assignment, or similar data. (g) (j) Annual employee evaluations and records of disciplinary action resulting in demotion or the loss of time or pay in the amount of ten days or more may be retained permanently. All other records of disciplinary action may be retained in an employee's Department personnel file for a period of not more than three (3) years, provided that if an employee's personnel record indicates a pattern of similar types of discipline, all such records may be retained until a period of three (3) years has elapsed during which there has been no further disciplinary action for the same or similar behavior. Records retained in an employee's Department personnel file longer than provided in this section shall be inadmissible in any proceedings concerning disciplinary action. Upon receiving a request for all or part of a personnel file, the affected employee shall be notified of the request, and the information shall not be released for a period of three business days from the time of said notification, except upon service of a court order or subpoena properly recorded and signed by a judge or magistrate demanding immediate release. The City Attorney will advise the Department in all matters pertaining to the release of information contained in a personnel file. No information which has been retained in a personnel file beyond the time limits established by this contract will be released. ARTICLE 12 - WAGES Section 1 - Base Monthly Salary Schedule. Effective January 1, 1998, the compensation schedule in effect December 31, 1997, shall be increased by three point zero percent (3.0%). Effective July 1, 1998, the compensation schedule in effect June 30, 1998, shall be increased by one percent (1.0%), and an additional one-half percent (0.5%) added to the total employee contribution for dependent health care coverage referred to in Article 21.2(b). Effective July 1, 1998, an additional one and one-half percent (1.5%) for the Sergeant .classification only shall be implemented. Effective January 1, 1999, the compensation schedule in effect December 31, 1998 shall be increased by three point zero percent (3.0%). Effective July, 1, 1999, the compensation schedule in 'effect June 30, 1999, shall be increased by one percent (1.0%), and an additional one-half percent (0.5%) added to the total employee contribution for dependent health care coverage referred to in Article 21.2(b). (a) (b) - 13- Effective July 1, 1999, an additional one and one-half percent (1.5%) for the Sergeant classification only shall be implemented. (c) Effective January 1, 2000, the compensation schedule in effect December 31, 1999 shall be increased based on the following formula: A percentage equal to the average of the US. Cities Consumer Price Index (CPI -W) and Seattle Consumer Price Index for Wage Earners, both for the period July, 1998 to July, 1999, subject to a two point zero percent (2.0%) minimum and a four point zero percent (4.0%) maximum. Section 2 - Longevity. Commencing January 1, 1991, commissioned Police Officers and Sergeants of the City of Yakima who are regularly and continuously employed full time, and who have completed periods of service as hereinafter set forth, shall receive compensation, called longevity pay, in addition to their regular salary, according to the following schedule, to be paid on the first applicable pay day. following the 31st day of December and the 30th day of June of'each year: Years Of Service At least four (4) years and less than nine (9) years At least nine (9) years and less than fourteen (14) years At least fourteen (14) years and less than nineteen (19) years At least nineteen (19) years and less than twenty-four (24) years Twenty-four (24) years or more Longevity Compensation 1.5% of base salary 3.0% of base salary 4.5% of base salary 6.0% of base salary 8.0% of base salary In addition, applicable provisions of Municipal Code Section 2.24.010, Subsections C, D and E are incorporated herein by reference as if set forth in full. ARTICLE 13 - SHIFT HOURS (a) The Police Department and the Association jointly agree to a ten (10) hour shift plan for officers assigned to work the normal rotating patrol shifts commonly known as "A", "B" and "C" squads.. It is the intent of the City and the Police Department to continue this scheduling plan, provided this scheduling continues to be advantageous to the City based on the evaluation 14 (b) of a number of factors. These factors include, but are not limited to, service demands; sick leave usage; officer -involved accident rates; overtime usage; vacation and holiday scheduling; scheduling of .in-service training; budgetary constraints; and department staffing levels. Association representatives will be included in the evaluation process. For all other bargaining unit employees, the Employer reserves the right to implement, from time to time, eight (8), nine (9), and/or ten (10) hour shift plans, per past practices. If the Employer decides to modify these plans, from time to time, the Employer will provide notice of such change in accordance with Article 30 to the affected employee(s) except in the event of an emergency. In the event of an emergency, the Employer will provide as much notice as practicable. For all other bargaining unit employees, and in the event the Employer intends to implement changes in shift plans for duty assignments of more than three (3) months in duration, the Employer agrees to review the impacts of such long term shift changes with the Association prior to their implementation. Work performed in excess of the regularly scheduled work day or work week shall be considered overtime and such time shall be compensated at the rate of time and one half (1 1/2), provided that Neighborhood Resources Officers, Community Service Officers, and Narcotics Units shall be compensated at the overtime rate only when hours are worked in excess of the regularly scheduled work week. (c) Fractions of an hour served in overtime duty shall be rounded to the next quarter hour for the purpose of computing the amount of overtime. (d) Court time and Callout. Officers called to duty outside the regularly scheduled shift or required to attend court outside their regularly scheduled shift shall be compensated with a minimum of three (3) hours at the overtime rate. Hours worked beyond this minimum shall be compensated at the overtime rate, subject to the provisions of sections (b) and (c) above. Hours worked beyond, but concurrent with, an employee's scheduled shift shall not be considered callout time. (e) Officers shall be allowed to accumulate up to a maximum of sixty (60) hours of compensatory time. Compensatory time is defined as time off in lieu of overtime, including but not limited to, time off in lieu of paid overtime for court or callout time. Any time accrued in excess of sixty (60) hours shall be cashed out on a quarterly basis. -15- 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 Ten (10) working days (five (5) days may be taken after six (6) months of employment) Twelve (12) working days Fifteen (15) working days Twenty (20) working days Twenty-three (23) working days Twenty-four (24) working days 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. 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 arty 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 rank having seniority. -16- Determination Of Seniority. Seniority shall be established in the following manner: Seniority is established by the length of continuous service, starting with the date of hire. If two (2) or more persons are hired on the same day, the score appearing on the entrance examination used for the appointment shall determine seniority, with the person obtaining the highest score to have the greatest seniority. If two (2) or more persons have identical scores on the: entrance examination, seniority shall be determined by the drawing of lots per Police Civil -Service Rules and Regulations. An employee within the bargaining unit who may feel aggrieved by the administration of such a seniority system shall seek his remedy by the grievance procedure provided in Article 7 of this Agreement. ARTICLE 16 - HOLIDAY ASSIGNMENT Where shift strength is reduced or increased on holidays, consistent with the needs of the City, assignments shall be offered to the most senior qualified officer within a work unit (e.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 eighty-eight (88) hours on January 1, of each calendar year. (Eleven holidays) (c) Effective January 1, 1998, officers assigned to the normal rotating patrol shifts commonly known as "A", "B", and "C" squads, shall receive an additional twelve (12) hours added to the bank of eighty-eight (88) hours for a total of one hundred (100) hours. (d) Effective January 1, 1999, officers assigned to the normal rotating patrol shifts commonly known as "A", "B", and "C" squads, shall receive an additional ten (10) hours added to the bank of one hundred (100) hours for a total of one hundred ten (110) hours. j7 - ARTICLE 18 - UNIFORM CLEANING AND ISSUE The City shall pay for all necessary cleaning of uniforms for members of the bargaining unit. The City may determine, from time to time, where said uniforms shall be cleaned. Reasonable regulations concerning such cleaning may be adopted by the Police Department. Uniform items listed below and other apparel and collateral .equipment will be supplied to each patrol officer with the commencement of employment and, consistent with current practice, replaced on an "as needed" basis. Uniform Item Minimum Issue Initial disbursement: Item Quantity Trousers 3 pair Winter Shirt 3 Mock Turtleneck 2 Summer Shirt 3 Winter Jacket 1 Hat 1 Raincoat 1 Emblems 1 pair Badge Holder 1 Buttons 1 dozen Body Armor 1 Body Armor Covers 2 Gunbelt 1 Holster 1 Cuff Case 1 Night Stick Ring 1 Batteries and bulbs (for Streamlight) Replaced as needed Chemical Irritant 1 container Chemical Irritant Holder 1 Ammo Pouch (Detective) 1 Detective Holster 1 ARTICLE 19 - CLOTHING ALLOWANCE Effective January 1, 1998, police officers and police sergeants assigned to the Detective Division of the Police Department, and police officers and police sergeants -18- assigned to the Administration and Services Divisions, when not required to wear a uniform in the performance of their assigned duties, shall be paid a monthly clothing allowance of fifty dollars ($50.00) in lieu of an issued uniform. Additionally, the Chief of Police in his discretion may extend and/or discontinue, from time to time, the clothing allowance for police officers and police sergeants assigned to the NRO, SRO, SCAT, or any other police unit. ARTICLE 20 - LIFE INSURANCE Effective January 1, 1998, the City shall provide twenty five thousand dollars ($25,000.00) group life insurance for each employee in the bargaining unit. ARTICLE 21- HEALTH INSURANCE 21.1 Medical, Vision and Dental Care Coverage - The medical vision and dental coverage instituted April 1, 1994, will continue in effect for the term of this agreement for covered bargaining unit employees, retirees and their dependents. They shall participate in the "City of Yakima Employees' Health & Welfare Benefit Plans". Eligibility rules; types and levels of benefits, paymentof premiums through a cafeteria plan, copayment, coinsurance and deductibility requirements and all other terms and conditions for the provision of these health benefits shall be governed by the "City of Yakima Employees' Welfare Benefit Program". 21.2 Health Care and Dental Coverage Premium Contributions (a) Employee Health Care Coverage - Effective January 1, 1998 through December 31, 2000, LEOFF I and LEOFF II employee only health care coverage premiums shall be paid for by the City. Dependent Health Care Coverage - For the period January 1, 1998, until June 30, 1998, the City will pay the monthly premium for dependent medical insurance. Based on prior contracts to date, the total employee contribution is one and nine tenths percent (1.9%) of base wages. For the period July 1, 1998, until June 30, 1999, the City will pay the monthly premium for dependent medical insurance. Based on prior contracts to date and Article 12(1)(a), the total employee contribution is two and four -tenths percent (2.4%) of base wages. For the period of July 1, 1999, until December 31, 2000, the City will pay the monthly premium for dependent medical insurance. Based on prior contracts to date and Article 12(1)(b), the total employee contribution is two and nine -tenths percent (2.9%) of the base wages. (b) - 19 - (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. (e) Long Term Disability Coverage - The City will allow employees to use payroll deduction for their entire long term disability coverage premium. ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE Section 1 - Liability Insurance. The City shall provide liability insurance, including false arrest insurance, for Association members covered by this Agreement while in the performance of their duties, with a minimum limit of Three Hundred Thousand Dollars ($300,000.00) .per occurrence; provided, however, nothing in this section shall prohibit the City from self-insuring that liability or false arrest insurance. The City shall defend and indemnify police officers in accordance with City of Yakima Resolution D-5820, dated September 18, 1990, a copy of which is attached hereto and incorporated herein by this reference. The incorporation of the Resolution referenced above does not preclude the City from modifying the Resolution in accordance with the provisions of the first sentence of this section. Section 2 - Defense Against Criminal Charges. The City shall, at the City's expense, defend any officer against any criminal charges brought against such officer for action occurring while acting in the official capacity as a Police Officer. The City's obligation to provide for such defense and/or defense costs shall terminate upon a conviction of a criminal law violation in Court. It shall be the obligation of the officer to pay for attorney's fees and costs associated with an appeal unless the appeal reverses a conviction in which case the City will reimburse the officer for attorney's fees and costs associated with the appeal. If such officer is found guilty and there is an entry of final, non -appealable judgment or conviction, it shall then be the responsibility of such officer to reimburse the City for all fees, expenses and costs related to the defense. If the officer is retried, the provisions of this article shall apply anew. If an outside attorney is hired to provide such defense, the City shall be notified of the identity of such attorney and an agreement with the City shall be - 20 - 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 - Emergency Response Team. Beginning in calendar year 1984, the sum of Three Thousand Dollars ($3,000.00) shall be allocated from the Police Department budget to provide for training and equipping the Emergency Response Team. This shall be in lieu of the differential previously paid to individual officers assigned to this special duty. Section 2 Field Training Officers. Police Officers assigned to orient and train .newly hired uniformed officers, and actually engaged in same, shall receive a payment of Seventy -Five Dollars ($75.00) per month over and above their normal rate of pay. Officers assigned such duty for periods of lessthan two (2) weeks during the pay period shall not be eligible for such differential. The City retains the exclusive right to select said Field Training Officers and determine the duration of assignment. Section 3 - Investigative Assignment. Only Police Officers, and Police Sergeants assigned in writing to the Detective Division, Traffic Investigators, City -County Narcotics Unit, and DEA Task Force, through the "Quarterly Shift Change Memorandum" shall receive a payment of Sixty -Five Dollars ($65.00) per month over and above their normal rate of pay. The City retains the exclusive right to, from time to time, select said Investigators and to determine the duration of assignment; provided, however, if the transfer is for disciplinary reasons, then nothing in this section prevents the employee from grieving the disciplinary transfer in accordance with Article 7. Operational transfers are not grievable. Section 4 - Education and Incentive. Police Officers and Sergeants shall be eligible to receive an additional payment of Seventy -Five Cents (75e) per month per quarter hour of college or university credit earned while an employee of the Yakima Police Department. A grade of "B" or better would be required in each course for which payment is made. 21 ARTICLE 24 - SICK LEAVE Section 1 - Accrual. LEOFF II employees shall accrue eight (8) hours of sick leave for each full calendar month of service with the City. Unused sick leave may be accumulated for an unlimited period; provided, however, that LEOFF II employees shall be permitted to accumulate up to a maximum of 1,040 hours of sick leave. Effective July 1, 1987, the sick leave accrual shall be increased by two (2) hours per month to a new accrual rate of ten (10) hours per month. The additional two (2) hours of sick leave will not immediately accrue to the employee's leave account. Rather, the two (2) hours shall be placed in a "pool". Such accruals to the "pool" shall continue until the month during which a total of 960 hours accrual to the "pool" is attained at which time all accruals to the "pool" shall cease and the additional two (2) hours shall accrue to the employee's individual sick leave account. Section 2 - Sick Leave Pool. As indicated in Section 1, beginning July 1, 1987, a sick leave pool shall be formed to supplement approved sick leave for LEOFF II employees. The pool shall have no additional contributions made by the City and the allocation of hours from the pool shall be at the discretion of the Association. The Association may elect to require repayment from recipients of leave loaned from the pool in order to maintain the pool. Section 3 - Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: (1) Personal illness or physical incapacity resulting from causes beyond employee's control; (2) Quarantine of employee due to exposure to a contagious disease; (3) On-the-job injuries; any employee receiving sick leave with pay, who is eligible for time -loss payments under the workman's compensation law shall, for the duration of such payment, receive only that portion of the employee's regular salary which, together with said payments, will equal the employee's regular salary. In order -not to work an undue hardship on employee caused by the time lag involved in time - loss payments, the employee shall be paid full salary and on receipt of time -loss payments shall endorse such payments to the City. Said employee shall be charged with sick leave only for that portion of the employee's regular salary for which the City is not reimbursed by the workman's compensation endorsed to the City; (4) The death of a member of the immediate family of an employee or employee's spouse; for purposes of subparagraph, "immediate family" means any husband, wife, parent, grandparent, child, grandchild, brother, or sister. No leave of absence in excess of three (3) days for a family death shall be taken by an employee unless additional leave is recommended by the employee's Department 'head and approved by the appointing authority; (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; (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. Section 4 - Requirements for All Paid Sick Leave. (1) Employees must report to the representative designated by the Department head the reason for the absence as far in advance of the starting of their scheduled work days as possible, but in no event shall this report be made later than the first day of absence. (2) Employees must keep their Department head informed of their condition if absence is of more than three (3) working days in duration. For each absence an employee must submit upon the approved form an explanation of the reason for such absence. 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. 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. (3) - 23 - (2) Misrepresentation of arty 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; (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 ninety (90) days or less of accrued sick leave except: (a) Upon retirement or death the employee's accrued sick leave up to ninety (90) days or less will be exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay. (b) Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to ninety (90) days or less will be exchanged for pay at the rate of twenty-five percent (25%) of the employee's current base pay. Honorable terminationincludes layoff for budget reasons, as well as resignation with proper notice. - 24 - (c) Effective July 1, 1987, 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 $12,500 but in no case shall such payment °exceed $12,500. (2) Exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued ninety-one (91) or more days subject to the following provisions: (a) Upon retirement or death, the employee's accrued sick leave up through a maximum of ninety (90) days will be exchanged for pay at the rate of one hundred percent (100%) of the employee's current base pay. (b) Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of ninety (90) days will be exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay. (c) The maximum amount allowable for payout is $12,500. (d) Employees who have accrued more than ninety (90) days of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of three (3) days of sick leave for each additional leave day, not to exceed a total .of three (3) added leave days annually. Employees may receive compensation in lieu of taking leave days, utilization of which would be subject to the scheduling and approval by the Department head. (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. 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. (b) (c) No request will be granted for less than eight (8) hours' pay or eight (8) hours additional leave. (d) No exchange will be granted to an employee who has 'been terminated for cause, as defined by civil service. (e) In the event of layoff, exchange requests are the responsibility of the employee. ARTICLE 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 - DISPATCHERS The City shall be the sole determiner of the qualifications pertaining to personnel in dispatch operations. Effective July 1, 1998, in emergency circumstances, the City may assign police officers to perform dispatch responsibilities in accordance with the following: a. Use of other employees in a workload -related emergency. In the event of emergency circumstances which require additional Public Safety Dispatchers, other police personnel may be utilized, provided that they are accompanied by at least two (2) Public Safety Dispatchers at all times. This condition shall exist only until such time as Public Safety Dispatchers or a Supervisor can respond to the emergency; and /or b. Use of other employees in a personnel shortage emergency. In the event that a Public Safety Dispatcher is incapacitated due to illness or injury and/or is unable to serve or complete his/her duty shift for any reason, and whereas another on -duty Public Safety Dispatcher is not readily available, other fire and police personnel may be utilized provided that another Public Safety Dispatcher or Supervisor is contacted as soon as possible for replacement. This condition shall exist only until such time as another Public Safety Dispatcher or Supervisor can respond. - '?6 - The above provisions do not alter the Employer's right to assign bargaining unit members to the dispatcher center for training purposes. ARTICLE 27 - SPECIAL ASSIGNMENT IN HIGHER CLASSIFICATIONS 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 eight (8) hours or more he shall be paid the lowest rate of the higher classification which provides any salary increase for the officer. Section 1 - considered employees (a) (b) (c) (d) ARTICLE 28 - TRAVEL AND TRAINING TIME Training Time.. Time spent in training that is required by the City is compensable hours of work; provided, however, time spent by is not compensable if all of the following four (4) conditions are present: attendance is outside the employee's regular working hours; attendance is voluntary; the training program, lecture, meeting or other similar activity is not directly related to the officer's job; and 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. 27 - ARTICLE 29 - 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 30 - 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 31- 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. Effective January 1, 1981, there shall be created a joint City/Association committee to discuss and review problems related to work areas, space allocation and equipment specifications. Of particular concern will be the Police Radio Room, Report Writing Area and patrol vehicles. Recommended solutions will be forwarded to the City Manager via the Chief of Police. ARTICLE 32 - 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 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 - 28 - 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 33 - 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 34 - 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 35 - DEFERRED. COMPENSATION Effective January 1, 1995, if the bargaining unit members .contribute 1.0% or 1.5% of their monthly salary to deferred compensation, then the City will match the employee contribution with an equal amount of 1.0% or 1.5% maximum of their monthly salary. Effective April 1, 1995, each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in art amount equal of 1.5% of said monthly salary. Effective August 1, 1995, each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to 3.0% of said monthly salary. 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. - 29 - ARTICLE 36 - CODE PROVISIONS The Employer is amenable to incorporating the language of these Code provisions subject to any and all obsolete and/or superseded provisions (by provisions of this contract) being deleted from the Code language to be incorporated, corrected and correlated. (1) 2.20.040 Policy for Pay Steps (2) 2.20.060 Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees (3) 2.20.085 Reimbursement for expenditures (4) 2.20.086 Reimbursed expenditures (5) 2.20.088 (d) Uniform Allowance - Special Assignment Pay (6) 2.40.010 Employees Eligible for Leave (7) 2.40.020 D Terminal Leave ARTICLE 37 - SECURITY DETAIL PAY Section 1. The Parks and Recreation Division sometimes requires personnel to provide security detail work at Kiwanis Park. On those occasions, the City shall employ only members of the YPPA to provide said security detail work at Kiwanis Park; provided, however, that this provision shall in no way prohibit private parties who utilize Kiwanis Park from hiring/employing outside contractors to provide security detail work for such private parties at Kiwanis Park. Section 2. In recognition of the less demanding nature of the job duties, the rate of pay for all security detail work performed by YPPA members at Kiwanis Park shall be different and lower than the regular rate of pay required by the collective bargaining agreement for YPPA members for other regular duties. Specifically, the rate of pay for security detail work at Kiwanis Park for each YPPA member shall be such that the overtime rate of pay, including premium pays to the extent required by the FLSA and WMWA, shall be twenty dollars ($20.00) per hour. The parties 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. - 30 - Section 3. In order to resolve and settle any and all ULP claims and back pay and/or FLSA/WMWA overtime compensation claims arising out of past or alleged past practices of the City regarding security detail work performed at Kiwanis Park, the City is willing to pay YPPA members their regular rate of pay, rather than the above-described special rate of pay, for security detail work performed at Kiwanis Park during the remainder of 1997 and through to December 31, 1998; provided however, that receipt of said regular rate of pay for security detail work is conditioned upon the YPPA and the subject YPPA member executing a Release and Settlement Agreement with the City prior to performing such work. A copy of the Release and Settlement Agreement is attached hereto as Exhibit "A". The YPPA further agrees that it will not encourage and/or provide financial support to its individual members to pursue potential overtime compensation claims addressed in Exhibit "A". The YPPA further agrees that it will not allow its counsel, the law firm of Cline and Emmal or any future counsel retained by YPPA to undertake representation of individual members in pursuit of potential overtime compensation claims addressed in Exhibit "A". Section 4. 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. Section 5. This article is subject to the provisions of the Amendment to 1995-1997 CBA document which was previously executed and agreed to by the parties. ARTICLE 38 -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-Dutv Employment. Prior to accepting off-duty employment, an employee must obtain specific written authorization from the Chief of Police. The Chief of Police may suspend, modify, deny or terminate off- duty employment at any time for reasons including, but not necessarily limited to, the following: 31 a. Incompatibility with the employee's city work schedule or interference with the employee's ability to perform his orher regular Police Department duties. b. Conflict with Department goals, objectives, policies or procedures. c. Nature of work is inconsistent with the professional image of the Department or creates an appearance of impropriety. d. Unusual illness or absence record prior to or following hours of off- duty employment. e. Work associated with premises where intoxicants are served for consumption, at the discretion of the Chief of Police. f. Work associated with a political party, candidate, or issue, or may give the appearance of an endorsement of a particular business, product or service. g• Work would result in an unreasonable competition with a private business. Section 3 - Use of Department Uniforms and Equipment. It is at the sole discretion of the Chief of Police to authorize or deny the use of any and all items of Department -owned and/or issued equipment in the course of off-duty employment. No item of Department owned and/or issued equipment will be used for off-duty employment without the specific prior written approval of the Chief of Police. Section 4 - Scheduling Off -Duty Employment. Scheduling of off-duty employment is the responsibility of the Police Department administration. However, the Yakima Police Patrolmans Association must provide a monthly list of personnel to the Chief or designee for appropriate assignment depending upon availability. Section 5 - Indemnification and Defense. The Chief of Police or designee, on behalf of the City, would attempt to obtain from a prospective off-duty employer an indemnification and defense agreement and/or proof of adequate liability insurance coverage prior to approving off-duty employment, including a requirement that the City be named as an additional insured on the insurance policy. This does not prevent the Yakima Police Patrolman 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. - 32 - Section 7 - Obligation to Department. The primary obligation and responsibility of all employees is to the Police Department. Employees who are directed or required to perform overtime or other Department -related work will do so regardless of conflict with their off-duty employment. Section 8 - Industrial Insurance. The parties agree that for the purpose of coverage under the laws and regulations of LEOFF, the Washington State Department of Labor and Industries, and all other federal and state employment laws and regulations, YPPA members performing off-duty work shall not be considered employees of the City, except where circumstances arise causing the employee to invoke commissioned powers (e.g., effectuating an arrest). ARTICLE 39 - DURATION This agreement shall be effective on the 1st day of January, 1998, and shall continue through December 31, 2000. Executed by the parties hereto this 9 `fit`- day of C( Q_ , 1998. Yakima Police Patrolmans Association City of Yakima B B Chairmaf YPPA By: ,./% /,%7, Secretary of YPPA Recommended by: By: 7 . C' 1 #'e C i5 /Q. James Cline Attorney for Yakima Police Patrolmans Association ATTEST:- S�// City Clerk City Manager c y c;o,mvx, f40: RESOLUTION MO: arAB - 33 - F. Menke Managemen Attorney for City of Yakima DRAFT RELEASE ANDS NT AGREEMENT This Release and Settlement Agreement (hereafter "Agreement') is entered into by and between the City of Yakima (hereafter the `City/. (hereafter 'Employee'), and the Yakima Police Patrolman's Association (hereafter "YPPA"). WHEREAS, Employee is employed by the City as a`ccammissioned police officer. WHEREAS, Employee performed security detail work as a private contractor at Kiwanis City Park for the City Parks and Recreation Division during WHEREAS, Employee and the YPPA allege that Employee is entitled to additional compensation for the time period he/she performed said, security detail work at Kiwanis City Park under the Fair Labor Standards Act ("PLSA% the Washington Minimum Wage Act ("WMWA"), and the current Collective Bargaining Agreement (hereafter "CBA") between the YPPA and the City. WHEREAS, the Employee and the YPPA also allege that the City also committed an unfair labor practice when the City Parks and Recreation Division contracted out park security detail work at Ktwanis Park to non-YPPA members during 1997 and that the Employee is entitled to back wages for that time period. WHEREAS, the City does not admit any of, the allegations made by the YPPA and the Employee concerning this matter, and more specifically asserts that the City has not committed any unfair labor practice in regard to this matter and that the Employee and the YPPA are not entitled to any additional compensation under the FLSA and/or the WMWA. WHEREAS, the City. the Employee, and the YPPA desire to resolve this situation/dispute and to foreclose any and all potential or actual ciimages, grievances, claims, disputes, ULP claims, and/or lawsuits arising from said described circumstances. NOW. THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is voluntarily agreed by and between the City, the Employee and the YPPA as follows: 1. Oettlement Consideration and Release. Upon execution and delivery of this Agreement. and in accordance with Article 39 of the CBA, the City agrees to pay the Employee his/her regular rate of pay, rather than the lower special rate of pay, for all security detail work he/she performs at Kiwanis Park for the City Parks and Recreation Division during the remainder of 1997 and through December 31, 1998. Ln Page 1 of 4 A+.... V,. EXHIBIT "A" consideration of She City paying the Enployeein saidinanner. as well as other matters reflected in this Agreement, the Employee and the YPPA hereby release and forever discharge the City. its elected officials. officers, agents. representatives, .employees. volunteers. assigns, and successors, whether past. present, or future. from any and all claims, actions, causes of salons, demands, damages. suits, grievances. debts. controversies. , ts, costs, loss of services, compensation. and expenses of whatever nature ar whether known or unknown, suspected or unsuspected , wed or contingent. at law or in equity. which have been or could have been asserted, alleged or claimed as a result of the above-described situation and compensation chem, including but not limited to any claim for additional compensation under the FLEA and/or WMWA. 2. do Admission of Fait. This Agreement is not and shall •not be construed as an admission of liability or fault by the City with regard to the above-described situation and compensation claim,any such liability or fault being expressly denied. 3. Complete Resolution. The Employee and the YPPA understand and agree that the consideration that the City herein agrees to undertake constitutes the City's complete offer to resolve and settle any and all potential appeals, grievances, claims, damages. and/or disputes concerning the above-described situation and compensation claim. and that it is full. complete. an_d adequate consideration for acceptance of the terms stated herein by the Employee and the YPPA, and that the Employee and the YPPA will receive no other/further consideration under. the terms of this Agreement, There are no other agreements, representations. warranties, or undertakings among the City. the Employee, and the YPPA or any third party with respect to the subject matter of this Agreement. 4. Settlement Shall Not Be Used As Precedent . Except forproceedings initiated to enforce the provisions of this Agreement, the City, the Employee. and the YPPA agree and represent that the facts and circumstances giving rise to this Agreement and the terms, conditions, and recitals of this Agreement shall be inadmissible and shall not be offered and/or used by the City. the Employee, and the YPPA or any YPPA members in any appeal. hearing, arbitration, grievance, suit, litigation, labor bargaining/negotiation, or any other proceeding as proof/evidence of whether the City has or should compensate YPPA members for time spent performing security detail work for the City Parks and Recreation Division. 5. Teres Contractual. The terms of this Agreement are contractual and are not mere recitals. Page 2of4 8. Integration. This Agreement constitutes. the entire agreement between the City. the Employee, and the YPPA., No changes or additions to this Agreement shall be valid or binding upon any Party hereto unless such change or addition be in writing and executed by all the Parties. 7. $indln! On finccesaors and Anima. This Agreement shall be binding upon, and inure to the benefit of. each Party and, as applicable. each Party's respective predecessors, representatives. agents, servants, heirs, affiliates. partners, intended beneficiaries. controlled corporations, employees, subsidiaries, successors, assigns, and all persons or entities acting in concert with any of them or for whom such Party has any equitable, custodial. or trust obligations. S. No Assignment. This Agreement and any interest herein and claim hereunder shall not be assigned or transferred in whole or in part by any Party hereto to any person or entity without the prior written consent of all of the other Parties. In the event that such prior written consent to an assigrunent is granted, the assignee shall assume all duties, obligations, and liabilities of the assigning Party as stated herein. 9. Governing Law. This Agreement shall be governed by and construed in accordance the laws of the State of Washington. 10. genre. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of the State of Washington for Yakima County. 11. Advice of Counsel. Each of the Parties hereby represents, acknowledges, and agrees that a. Such Party, has received advice from legal counsel of its own choosing prior to its execution of this Agreement. b. The legal nature and effect of this Agreement has been fully explained to he/she by such legal counseL c. Such Party fully understands the terms and provisions of this Agreement and the nature and effect thereof. Page 3 of 4 d. Such Party is relying solely upon the advice of his/her own independently chosen counsel in executing this Agreement. e. Such Party has not relied upon any representation or statement of any other Party .hereto, any employee or agent of any such Party. or counsel for any other Party in executing this Agreement. Executed by the Parties hereto this _®day of . 1997. CM' OF YAK!MA EMPLOYEE R. A. Zais, Jr., City Manager ATTEST: YAKIMA POLICE PATROLMAN'S ASSOCIATION City Clerk Contract No. Resolution No. Page 4 of 4 President Secretary 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 candidates for elected City positions, and in the interest of recruiting and retaining City officers, employees, police. volunteers,. and members of .City boards and commissions, without exposing them to personal liability under the retention or deductible fea- tures of the City's existing insurance policies or in 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'comrmissions, be indemnified from personal liability in their conduct of City affairs; and WHEREAS, Resolution Nos. 0-5253 and 0-5456 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. 0-5232 and D-5456, enacted respectively lurch- 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.scl Section ;. Simultaneous with the repeal of Resolution Nos. D-5232 and 0-5456 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 E. • The defense, indemnification, and hold harmless provisions of this ,resolution shall be afforded only to persons who arein'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, disbursement', 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 a 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 B. 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 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) .,r 4.11 officer, police volunteers, and be rd 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 __1 day o 1990. ATTEST: XVLL. - x'-i.i/CIr� City Clerk fres/repeal.sc) - 4 - Mayor 8,0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 4/7/98 ITEM 1'1'I'LE: Consideration of a Resolution Authorizing the Execution of the 1998-2000 Collective Bargaining Agreement Between the City of Yakima and Yakima Police Patrolmans Association (YPPA) and an Ordinance Amending the'Classification and Compensation Plan for Certain City Employees SUBMITTED BY: Dick Zais, City Manager; Don Blesio, Police Chief; Doug Bronson, Captain; Sheryl M. Smith, Deputy Personnel Officer; Paul McMurray, Assistant City Attorney CONTACT PERSON/TELEPHONE: Dick Zais, x6051 Sheryl M. Smith, x6090 SUMMARY EXPLANATION: The attached resolution authorizes a three year Agreement with the Yakima Police Patrolmans Association. This contract represents the result of many months of negotiations between the parties. The settlement package is outlined below: Major 1998-2000 YPPA Labor Settlement Provisions Term: 1/1/98-12/31/2000 Wages: 1/1/98 - 3.0% Police Officers and Sergeants 7/1/98 - 1.0% Police Officers and Sergeants 7/1/98 - 1.5% Sergeants 1/1/99 - 3.0% Police Officers and Sergeants 7/1/99 - 1.0% Police Officers and Sergeants 7/1/99 - 1.5% Sergeants 1/1/00 - 100% of the average of the Seattle CPI - W and the US Cities CPI - W, July - July, 2.0%-4.0%. • CONTINUED • Resolution X Ordinance X Contra Other (Specify) Funding Source Affected o.erational bud e. s APPROVED FOR SUBMITTAL STAFF RECOMMENDATION: City Manaeer Enact Resolution Authorizing the Execution of the Collective Bargaining Agreement and adopt the classification and compensation ordinance. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Medical: Education Incentive: Clothing Allowance: Life Insurance: Holidays: Differential Pay: '1 Page 2 Effective 7/1/98, YPPA to increase contribution to medical by an additional wage deferral of .5% for a total of 2.4% and an additional .5% effective 7/1/99 for a total of 2.9% of wages over the term of the contract. Maintain Current Contract Language. 1/1/98 Increase benefit from $40/mo to $50/mo. Effective 1/1/98 increase benefit from $20,000 to $25,000. Increase the bank of 88 hours currently received by patrol shift referred to as A, B, and C squads to 100 hours effective 1/1/98 and effective 1/1/99 increase bank from 100 to 110 hours. Provide $65/mo premium pay for those officers assigned to investigative assignments. In addition, other language changes including, but not limited to, management rights, employee rights, grievance procedure, shift hours, and off duty employment were achieved and are reflected in the 1998-2000 collective bargaining agreement. According to the City's calculations, the 1998 settlement cost is estimated to be $249,046. Additionally, the compensation and classification ordinance adjusts the YPPA wages for 1998 and 1999 by the settlement provisions outlined above. Further, the ordinance adjusts the management group wages by a positive 0.54% in accordance with the Yakima Municipal Code Section 2.20.116. This code section requires the management compensation adjustment to be changed once the impacts of a labor settlement is known, if the settlement occurs after January 1 of any calendar year. Both the Police and Management adjustments are retroactive to January 1, 1998 and may be accommodated within existing budget appropriations. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (hereinafter "Memorandum") is entered into by and between the City of Yakima (hereinafter "City") and the Yakima Police Patrolmans Association (hereinafter "YPPA"). WHEREAS, the YPPA is the labor union that represents the commissioned police officers and sergeants ("YPPA members") of the City of Yakima Police Department; and WHEREAS, the Yakima Convention Center is owned by the City but is managed by the Yakima Valley Visitors and Convention Bureau ("Bureau") pursuant to a contract with the City; and WHEREAS, on occasion, the Bureau or other third parties desire to hire YPPA members on an independent contractor basis for security detail work at the Yakima Convention Center for various events and special occasions; and WHEREAS, YPPA members are willing to perform security detail work at the Yakima Convention Center for the Bureau or other third parties on an independent contractor basis; and WHEREAS, the City and the YPPA desire to clarify that YPPA members are independent contractors and not employees of the City when they are performing security detail work at the Yakima Convention Center for the Bureau or other third parties. NOW, THEREFORE, in resolution and clarification of this situation, the following is agreed by and between the City and the YPPA: 1. All YPPA members who perform security detail work at the Yakima Convention Center at the request of the Bureau and/or other third parties do so as independent contractors and not as employees of the City. 2. All YPPA members who perform security work at the Yakima Convention Center at the request of the Bureau and/or other third parties shall do so in accordance with Article 38 of the current Collective Bargaining Agreement (dated April 9, 1998) (hereinafter "CBA") between the City and the YPPA. (1k) agr/police-yppa memo of understanding/convention center/pm 3. No YPPA member shall make any claim against the City for compensation, including but not limited to a claim for overtime compensation under the FLSA or Washington State law, with regard to security detail work at the Yakima Convention Center that is performed at the request of the Bureau and/or other third parties. The YPPA further agrees that it will not encourage and/or provide financial support to its individual members to pursue such claims, and it will not allow its counsel, the law firm of Cline and Emmal or any future counsel retained by YPPA, to undertake representation of individual members in pursuit of such claims. 4. Consistent with Article 38, Section 8 of the CBA, all YPPA members performing security detail work at the Yakima Convention Center at the request of the Bureau and/or other third parties shall not be considered employees of the City for purposes 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, except where circumstances arise causing a YPPA member to invoke commissioned police powers (e.g., effectuating an arrest). this THIMEMORANDUM OF UNDERSTANDING is executed by the parties day of September, 1998. YAKIMA POLICE PATROLMANS ASSOCIATION By: P CITY OF YAKIMA Preside mes Cline Attorney for Yakima Police Patrolmans Association (Ik) agr/police-yppa memo of understanding/convention center/pm City Manage ATTEST: City Clerk Contract No. 98-96 eesoi.4Lor, -61?)-046