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HomeMy WebLinkAbout01/03/2023 06.J. Resolution authorizing a collective bargaining agreement for 2020-2023 with the Yakima Police Patrolman's Association (YPPA) • .y4.1• 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.J. For Meeting of: January 3, 2023 ITEM TITLE: Resolution authorizing a collective bargaining agreement for 2020- 2023 with the Yakima Police Patrolman's Association (YPPA) SUBMITTED BY: Robert Harrison, City Manager Connie Mendoza, Director of Human Resources SUMMARY EXPLANATION: City Management and YPPA representatives negotiated in good faith, a contract setting forth the wages, hours and other terms and conditions of employment for four years (2020-2023). To that end, both parties recommend the City Council review and approve the attached CBA proposal. The membership of the YPPA group has voted and ratified this proposed agreement. Highlights of the proposed CBA include: • Wage adjustment of 4.5% for 2020 and 2021; 5.5% for 2022 and 2023 • Deferred Compensation adjustment of .5% effective 1/1/2022 • Gang Unit Stipend from increased to 5% • Sergeant Pay changed from 15% above officer pay to 16% effective 1/1/2023 • Bilingual/Biliterate stipend increased to 5% effective 1/1/2023 ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type resolution 12/22/2022 Corer Memo CI 2020-2023 YPPA CBA 12/21/2022 Corer Memo 2 RESOLUTION NO. R-2023- A RESOLUTION authorizing a collective bargaining agreement with the Yakima Police Patrolman's Association (YPPA) for January 1 , 2020 - December 31, 2023. WHEREAS, pursuant to Washington State law, the City and Yakima Police Patrolman's Association (YPPA) have engaged in negotiations resulting in the attached collective bargaining agreement for Yakima Police Patrolman's Associations (YPPA) Group for January 1, 2020 - December 31, 2023; and WHEREAS, the Yakima Police Patrolman's Association (YPPA) and City of Yakima negotiated in good faith to reach the proposed collective bargaining agreement; and WHEREAS, the bargaining unit has voted on and approved the attached proposed collective bargaining agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to agree to the terms and conditions of the attached collective bargaining agreement for January 1, 2020 - December 31, 2023, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated collective bargaining agreement between the City of Yakima and the Yakima Police Patrolman's Association (YPPA). The City Manager is also hereby authorized to and, without a further resolution, execute amendments to the collective bargaining agreement which may be necessary or appropriate to clarify its terms and conditions, maintain compliance the law, and/or make other minor adjustments. ADOPTED BY THE CITY COUNCIL this 3rd day of January, 2023. Janice Deccio, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 COLLECTIVE BARGAINING AGREEMENT by and between CITY OF YAKIMA and YAKIMA POLICE PATROLMAN'S ASSOCIATION Effective January 1, 2020 through December 31, 2023 4 Table of Contents ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT 3 ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES 3 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS 3 ARTICLE 4 - NON-DISCRIMINATION 4 ARTICLE 5 - COLLECTIVE BARGAINING 4 ARTICLE 6 - GRIEVANCE PROCEDURE 5 ARTICLE 7 — UNION LEAVE 7 ARTICLE 8 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT 8 ARTICLE 9 - MANAGEMENT RIGHTS 8 ARTICLE 10 - EMPLOYEES' RIGHTS 9 ARTICLE 11 - WAGES 13 ARTICLE 12 - SHIFT HOURS 15 ARTICLE 13 - VACATIONS 19 ARTICLE 14 - SENIORITY SYSTEM 20 ARTICLE 15 - HOLIDAY ASSIGNMENT 21 ARTICLE 16 - HOLIDAYS WITH PAY 21 ARTICLE 17 - UNIFORM CLEANING AND ISSUE 22 ARTICLE 18 — PLAINCLOTHES CLOTHING ALLOWANCE 23 ARTICLE 19 - LIFE INSURANCE 23 ARTICLE 20 - HEALTH INSURANCE 23 ARTICLE 21 - LIABILITY AND PHYSICAL DAMAGE INSURANCE 24 ARTICLE 22 - DIFFERENTIAL PAY 24 ARTICLE 23 - SICK LEAVE 26 ARTICLE 24 - TRANSPORTATION 33 ARTICLE 25 - TRAVEL AND TRAINING TIME 30 ARTICLE 26 - GENERAL, SPECIAL AND PERSONNEL ORDERS 31 ARTICLE 27 - ADVANCE NOTICE OF SHIFT CHANGE 31 ARTICLE 28 - IMPROVED PERFORMANCE AND EFFICIENCY 31 ARTICLE 29 - SAVINGS CLAUSE 32 ARTICLE 30 - WITNESS-CIVIL SERVICE BOARD 32 ARTICLE 31- PHYSICAL FITNESS 32 ARTICLE 32 - DEFERRED COMPENSATION 32 ARTICLE 33 - MILITARY AND CIVIL LEAVE 32 ARTICLE 34 - OFF-DUTY EMPLOYMENT 33 ARTICLE 35 — LAYOFFS 34 ARTICLE 36 — POLICE CORPORALS 35 ARTICLE 37 - DURATION 35 Appendix A—Yakima Police Department Patrol Blue/Gold Team Schedule Appendix B—City of Yakima Police Department Drug and Alcohol Testing Policy Appendix C— Resolution No. D-5820 Police Officer Indemnification Appendix D— Department Use of Deadly Force Situations Summary Statement to Supervisor Appendix E —City of Yakima Municipal Code Chapter 2 (as written prior to December 1, 2014) -2- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 5 COLLECTIVE BARGAINING AGREEMENT BETWEENTHE 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 Patrolman's 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. ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES Collective bargaining between the parties shall be carried out by the City Manager, or his/her 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/her 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 -3- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 6 excepted from the bargaining unit, active Association membership shall thereupon be closed to him/her and he/she 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. The monthly transmittal shall include a list of all employees assigned to the unit including those that have not presented authorization cards. 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 direct the employee to the Association. The City shall notify the Secretary of the Association and forward a copy of the notification no later than the next working day after the receipt of such notice. Dues shall cease sixty (60) days from notice. 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. Section 3 If an employee for any reason does not wish to be a member of the Association, that employee may be subject to service fees as may be required by the Association as agreed upon between the employee and the Association. Section 4 The Association will be given ninety (90) minutes to provide Association education to new employees within their first month of employment. Attendance by employee is optional. The education is designed to give the employee a more complete explanation of all of the benefits of Association membership. ARTICLE 4 - NON-DISCRIMINATION It is the policy of the City 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 individual's 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 5 - COLLECTIVE BARGAINING Section 1 All matters pertaining to wages, hours and working conditions, except as otherwise provided in this Agreement, shall be established through the negotiation procedure. Section 2 The Association shall submit to the City Manager and the City Manager shall submit to the Association a written proposal for any changes in matter pertaining to wages, hours, or working conditions desired for the successor contract. The written proposals of the Association shall be -4- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 7 submitted no later than the first business day of July of the last year of the agreement and the City's proposal shall be submitted within ten (10) business days of receipt of the Association's proposal. The Association's receipt of the City's proposal shall be considered the formal commencement of negotiations. The Association and the City shall follow the collective bargaining procedure set forth in RCW 41.56, unless they mutually agree to waive said procedure in whole or in part. Commencement of mediation or arbitration as therein provided shall not prevent the parties from entering into negotiations seeking to resolve any differences during the pendency of mediation or arbitration. Any agreements reached 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 or his designee and the Association's representative. Section 3 One copy of the preliminary City Budget for each year shall be delivered to the Association or the Association shall be given written notice where it may obtain same, as soon as said preliminary budget is printed. One copy of the adopted annual budget shall be delivered to the Association or the Association shall be given written notice where it may obtain same, as soon as the adopted annual budget is printed. ARTICLE 6 - GRIEVANCE PROCEDURE Section 1 - Policy The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employee grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which can be resolved only after a formal review. Accordingly, the following procedure is hereby established in order that grievances of employees covered by this agreement may be resolved as fairly and expeditiously as possible. Section 2 - Grievance Defined A grievance is a dispute involving the interpretation, application or alleged violation of any specific provisions of this Collective Bargaining Agreement. Section 3 - Special Provisions (a) To be reviewable under this procedure, a grievance must be filed in writing within thirty (30) calendar days after the action or decision giving rise to the grievance. (b) The term "employee" as used in this Article shall mean the Association, individual employee, or group of employees, accompanied by a representative if so desired. (c) An Association officer and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance. (d) The Association may initiate or process grievances with or without the consent of an individual employee. (e) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree. In the event the grievance relates to discipline greater -5- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 8 than a verbal reprimand, the parties agree to forego the initial steps and file the grievance directly with the Chief of Police. (f) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Failure of either party to meet the time limit or extended time limit for responses or appeals shall render the decision in favor of the other party. (g) Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. (h) If an employee seeks a Civil Service Remedy then said employee waives all rights to use the grievance procedure. If an employee uses the grievance procedure then said employee waives all rights to use the Civil Service Procedures. No later than the thirtieth (30th) calendar day after the action or decision giving rise to the grievance, the employee must make an election of remedies as set forth in this section. Section 4 - Procedure (a) Written Grievance to Division Commander Within thirty (30) calendar days after an employee has been made reasonably aware of a wrongful act charged, an employee shall first reduce his/her grievance to writing and discuss it with his/her Division Commander. Said Commander or Designee shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision, and the reasons therefore, within thirty (30) calendar days. If the grievance is delegated to a Designee, such designation shall be acknowledged in the written response. (b) Grievance Appealed to Police Chief An employee who is dissatisfied with the decision of the Division Commander may submit the grievance in writing within thirty (30) calendar days to the Police Chief. In the event the grievance begins with the Police Chief, the employee must file the grievance in writing within thirty (30) calendar days after the action or decision giving rise to the grievance. The Police Chief or Designee shall make a separate investigation and notify the employee in writing of his/her decision, and the reasons therefore, within thirty (30) calendar days after receipt of the employee's grievance. If the grievance is delegated to a Designee, such designation shall be acknowledged in the written response. (c) Grievance Appealed to City Manager An employee who is dissatisfied with the decision of the Police Chief may request a review by the City Manager by submitting a written request to him/her. Such request shall be submitted within thirty (30) calendar days after receipt of the decision from the Police Chief. The City Manager or Designee shall make a separate investigation and notify the Employee in writing of his/her decision, and the reasons therefore, within forty-five (45) calendar days. If the grievance is delegated to a Designee, such designation shall be acknowledged in the written response. -6- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 9 (d) Arbitration The Association shall notify the City Manager within forty-five (45) calendar days of the date the City Manager issues his/her decision in Section 7(4)(c) of this Collective Bargaining Agreement if the Association desires to submit the grievance to arbitration as the final step in the grievance procedure. In the event the parties are unable to mutually agree upon an arbitrator, either party may request a list for thirteen (13) qualified arbitrators from the Public Employment Relations Commission. The parties shall select an arbitrator from the applicable list by mutually agreeing to an arbitrator or by alternately striking names. The parties shall flip a coin to decide who starts the striking process. The final name left on this list shall be the arbitrator. The arbitrator's decision shall be final and binding but the arbitrator shall have no power to alter, modify, add to or subtract from the terms of this agreement. The cost of the arbitrator shall be borne equally between the City and the Association. The City and the Association will pay their own remaining costs of arbitration, including their own attorneys' fees, witness fees, expert fees, and any other fees as well as costs, regardless of the outcome. ARTICLE 7 — UNION LEAVE Section 1 — Business Leave (a) Members representing the Association, not exceeding three (3) in number, shall be granted leave from duty without any loss of pay during the pre-impasse period as provided in RCW 41.56, for all meetings between the City and the Association for the purpose of negotiating the terms of a contract and/or attendance at mediation, when such meetings take place at a time during which any such members are scheduled to be on duty. (b) Members representing the Association, not exceeding three (3) in number, shall be granted leave from duty without any loss of pay during the post-impasse period as provided in RCW 41.56, for meetings between the City and the Association for purposes of interest arbitration hearings when such activities take place at a time during which any such members are scheduled to be on duty. (c) Such officers and members of the Association as may be designated by the Association, not to exceed two (2) in number at any one time, shall be granted leave from duty with pay for Association business, such as attending labor conventions and educational conferences regarding collective bargaining, provided that notice of such conventions or conferences shall be given at least three (3) weeks prior thereto to the Police Chief, and provided further that the total leave for the entire bargaining unit for the purposes set forth in this section shall not exceed twenty (20) days in any fiscal year based on current shift hours. For example, a Union member whose regular shift is 10 hours per day would be entitled to twenty (20) days of leave at ten (10) hours per day for a total of 200 hours per year. (d) Officers and members of the Association on business leave, either paid or unpaid, will list the date, place and nature or reason for leave on Association letterhead to the Police Chief, to enable the Police Chief to verify the legitimacy of such absence. Section 2 — City Owned Equipment and Supplies An Executive Board Member may utilize city owned/operated equipment to communicate with the Association and/or Management for the exclusive purpose of administration of this Agreement. Such use will: -7- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 10 (a) Comply with the City, Computer Use Policy—ADM 1-400 (b) Result in little or no cost to the City; (c) Not interfere with the performance of their official duties; (d) Not distract from the conduct of City business; (e) Not disrupt other City employees and will not obligate other employees to make a personal use of City resources; (f) Not compromise the security or integrity of City information or software; and (g) Not include the making of long-distance telephone calls, except by the use of a personal calling card during a break; (h) Limited use of printer and copiers. The Association, its members, and its Executive Board Members will not use City equipment for Association organizing or advocating for or against the Association in an election. Section 3— Meetings Executive Board Members may be released during normal working hours to attend meetings scheduled for the following: (a) Grievance meetings, including attempts at informal resolution; (b) Investigatory interviews in accordance with Article 10, Employee Rights; (c) Pre-disciplinary and disciplinary meetings; (d) Other hearings and meetings related to contract administration. Section 4 - Authorized Work Time Executive Board Members shall be allowed release time while on duty to discuss grievances and/or disciplinary matters with Association members, provided that such discussion does not unreasonably interfere with the work and duties of the employees involved and provided the Board Member will notify his/her supervisor and receive prior approval, which shall not be unreasonably denied. Section 5 - Identification of Executive Board Members The Union will provide the Police Chief and the Director of Human Resources with a written list of current Executive Board Members. The Union will notify the Police Chief and the Director of Human Resources of any and all changes of Executive Board Members within ten (10) calendar days of the change. The Employer will not recognize an employee if his/her name does not appear on the list. ARTICLE 8 -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 Police Chief a list of not less than three (3) names of members (which may include the Chairman), authorized to handle a grievance, and the Police Chief shall schedule at least one (1) of these on an appropriate day shift. ARTICLE 9 - MANAGEMENT RIGHTS The City recognizes that the exercise of management rights shall not conflict with specific provisions of this agreement. The Association recognizes the exclusive right and prerogative of the City to make and implement decisions with respect to the operation and management of the Yakima Police Department. Such rights and prerogatives include, but are not limited to, the following: (a) Establish, plan for, and direct the work force toward the goals of the City with regard to police services. -8- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 11 (b) Determine the organization, and the merits, necessity and level of activity or service provided to the public. (c) Determine the City budget and financial policies including accounting procedures. (d) 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. (e) Determine and direct, from time to time, transfers and assignments of personnel to and from different duties, responsibilities and/or Departments. (f) Decision to lay off personnel due to lack of work, lack of funds or reorganization. (g) Discipline personnel for just cause. (h) Determine and direct, from time to time, the retention or discontinuance of positions and classifications. (i) Determine, from time to time, job descriptions, duties of personnel and job classifications. (.1) Determine the methods, means, equipment, numbers and kinds of personnel necessary to effectively and efficiently provide police and related services to the public. (k) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. (I) Assign work to and schedule employees in accordance with classifications and position descriptions, and to establish and change work schedules in accordance with Article 12. (m) 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. (n) 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 10 - EMPLOYEES' RIGHTS No employee shall, by reason of his/her employment, be deprived of any rights or freedoms which are afforded to other citizens of the United States by the United States Constitution. The employee will be required to answer any questions involving non-criminal matters under investigation. Prior to any questioning, the employee will be notified in writing and acknowledge receipt of the following: -9- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 12 "You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding." Section 1 - Discipline and Discharge All discipline must be based upon just cause. Any discipline shall be imposed in a manner least likely to embarrass the employee before the public or other employees. Any disciplinary action imposed upon an employee may be the basis for a grievance through the regular grievance procedure. Disciplinary actions or measures shall include the following: verbal reprimands; written reprimand; transfer for disciplinary reasons; suspension; demotion, or discharge. Discipline shall be progressive in nature where appropriate. Where discipline consists of a verbal reprimand alone the employee is limited to the grievance procedure outlined in subsections (a) of Article 6, Section 4 of this Agreement. Such verbal reprimands are not subject to investigation and review by the Police Chief and the City Manager pursuant to subsections (b) and (c) and are not subject to arbitration pursuant to subsection (d) of Article 6, Section 4 of this Agreement. Section 2 - Bill of Rights All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Police Officers Bill of Rights." The wide-ranging powers and duties given to the Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require an immediate investigation by superior officers designated by the Police Chief. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: (a) Notification of formal internal investigation Investigations shall be commenced within forty-five (45) calendar days of the date notification of the alleged violation is made to a Lieutenant or above. Within (3) calendar days after the Department assigns an internal investigation number to an administrative 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 unless notification may prejudice the integrity of the investigation. If the employee is on days off or leave when the internal investigation number is drawn, the Department will notify the employee within (3) calendar days of their return to duty. Any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation and advised of the rights of the employee at least twenty-four (24) hours before any interview of the employee begins. The affected employee may waive the requirement to wait twenty-four (24) hours. Written notice shall include sufficient information necessary to reasonably apprise the employee of the allegations of such complaint. No employee will be interviewed over a subject that the employer knows or should know will result in an economic sanction without providing the notice required by this subsection. The Association shall be provided with written copies of all notices and extensions provided to the employee. (b) Recording Interviews The Association stipulates that the interview of an employee during an investigation shall be audio recorded and a copy provided to each party -10- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 13 1. Upon mutual agreement between the City and the Association representative, including agreement on the placement of the audio-visual equipment, the interview of an employee may be audio-visually recorded. Upon request, the City will provide a copy of the audio-visual recording to the Association representative immediately or within twenty-four (24) hours following the completion of the interview. 2. 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. 3. The interview, which shall not violate the employee's constitutional rights, shall take place at the Yakima Police Department to include the Internal Affairs Lieutenant's office, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and/or a representative of the Association. Said employee's attorney and/or Association representative and/or Association attorney may be present during the interview but shall not participate in the interrogation except to counsel the employee, provided that the Association representative, employee attorney or Association attorney may participate to the extent permitted by the law. 4. 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. (c) Prior to the disclosure of investigation made in subsection (g) of this section, the employee shall not be subjected to any offensive language, nor shall the employee be threatened with dismissal, transfer, or other disciplinary punishment as a guise to obtain the resignation of the employee nor shall the employee be intimidated in any manner. No promises or reward shall be made as an inducement to answer questions. This provision does not apply to probationary employees. (d) It shall be unlawful for the City to require any employee covered by this agreement to take or be subjected to any polygraph or any polygraph type of examination as the condition of continued or continuous employment or to avoid any threatened disciplinary action. (e) Disclosure of Investigation Except in the event of good cause, investigations shall be completed within seventy- five (75) days of the members' official notification that a formal internal investigation is being conducted. An employee who is the subject of an investigation shall be provided written notice if the investigation is not concluded within seventy-five (75) calendar days of the notification given per Article 10, Section 2 (a). The notice shall include a projected completion date and a brief description of the good cause basis for the delay. After the first notice, the employee and the Association shall be provided further notice of extensions at thirty-day intervals. The proceeding requirement does not apply to criminal investigations. No later than seven (7) calendar days prior to a pre-disciplinary hearing, the employee and the Association 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 -11- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 14 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 Association may request additional time to perform an independent investigation prior to the pre-disciplinary hearing. The Association shall be allowed up to thirty (30) calendar days from receipt of initial pre-disciplinary hearing notice with additional time for good cause. The employee and any representative of the employee are prohibited from contacting any witnesses or complainants in the investigation until such time as the disclosure of investigation described in this subsection occurs. This shall not restrict any designated YPPA representative of the employee from contacting and interviewing other YPPA members concurrent to the investigation being conducted by the City pursuant to the Public Employment Relations Commission decision 11863 — PECB (Washington State Patrol Troopers Association v State — Washington State Patrol). A copy of the final outcome documentation of the investigation will be sent to the YPPA union office upon completion. (f) Definition of Disciplinary Day For the purposes of discipline, one (1) day of discipline shall be equivalent to eight (8) hours of compensation/time. (g) Use of Deadly Force Situations When an employee, whether on or off duty, uses deadly force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the employee shall not be required to make a written or recorded statement for forty-eight (48) hours after the incident except that immediately following the incident the employee shall verbally report to a superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects in accordance with the form attached as Appendix D. The affected employee may waive the requirement to wait forty-eight (48) hours. (h) Psychological or Medical Evaluations When there is probable cause to believe that an employee is psychologically or medically unfit to perform his/her duties, the employer may require the employee to undergo a psychological or medical examination in accordance with current standards established by the Washington Association of Sheriffs and Police Chiefs, the International Association Chiefs of Police, the American with Disabilities Act, and other applicable State or Federal Laws. Consultations with the City's Employee Assistance Program are not considered psychological or medical examinations. (i) 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, which the employee may view upon request, during business hours, regarding an employee's performance, or the Department from maintaining computerized records relating to training, promotion, assignment, or similar data. 1. Annual employee evaluations and records of disciplinary action resulting in demotion or the loss of time or pay in the amount of forty (40) hours or more shall be retained permanently. All other records of disciplinary action shall 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 -12- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 15 longer than provided in this section shall be inadmissible in any proceedings concerning disciplinary action of that employee. 2. 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 or designee will advise the Department in all matters pertaining to the release of information contained in a personnel file. (.1) Drug Testing See attached Appendix B, the City of Yakima Police Department Drug and Alcohol Testing Policy. (k) In the event of a layoff as provided for in Article 35, or a resignation or involuntary separation from service due a documented disability under RCW 49.60, the Americans with Disabilities Act, or other applicable disability law, resulting in the employee's inability to retain maintain fitness for duty, said employee shall be placed on a re- employment register for two (2) years from the date of separation. (I) In the event of a fitness for duty termination, upon verification that the employee is fit for duty the employee shall be subject to recall in the same manner provided for in the Police Civil Service Rules as are other employees on the re-employment register. The Employer retains the right to conduct its own medical examinations consistent with this agreement and the ADA, for the purpose of ascertaining the officer's fitness for duty. For the purposes of seniority and years of service calculations, employees re- employed through this process, who were terminated as the result of a lay off or fitness for determination shall be credited for applicable service time with a tolling for the period of discharge. ARTICLE 11 -WAGES Section 1 - Base Monthly Salary Schedule Effective January 1, 2020 the base wage shall be increased by 4.5%. Effective January 1, 2021 the base wage shall be increased by 4.5%. Effective January 1, 2022 the base wage shall be increased by 5.5%. Effective January 1, 2023 the base wage shall be increased by 5.5%. The top step Corporal monthly wage will be established and maintained at 7% above the top step Police Officer monthly wage. Effective 1/1/2023: The top step Sergeant monthly wage will be established and maintained at 16% above the top step Police Officer monthly wage. Section 2 — Policy for Pay Steps The following shall be the general policy with respect to the use of the pay steps within salary ranges: -13- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 16 (a) The minimum rate of pay for a class shall be paid to any person on his original appointment, except appointments at a salary rate above the minimum may be authorized by the appointing authority when necessary to fill positions in "shortage" occupations or when necessary to recruit applicants with exceptional qualifications. Lateral hires with 2 years of more of experience (after the academy) within the last 3 years shall be appointed at step C. (b) The basic salary range shall consist of five steps to be known as Steps-A, B, C, D, and E. An employee, shall normally be advanced to the next higher step six months after the date of hiring or promotion and to the succeeding steps at one-year intervals, providing that employee's work has been satisfactory and the employee is making normal progress on the job. For purposes of computing the length of time for eligibility for within-range increases, the period of all leaves of absence without pay shall not be included except to the extent required by law. In order to simplify the preparation of payrolls, eligibility for within-range salary increases shall be computed in the manner heretofore set forth; provided, however, that upon an eligibility date falling on or before the fifteenth day of the month, such increase shall become effective as of the first day of the month; and provided further, that upon an eligibility date falling on or after the sixteenth day of the month, such increase shall become effective as of the first day of the following month. Section 3— Promotion and Demotion Wage Adjustments When an employee is promoted, demoted or reinstated, the employee's rate of pay for the new position shall be determined as follows: (a) Promotion An employee promoted to a position in a class having a higher pay range shall receive a salary increase as follows: 1. If the employee's rate of pay in the lower class is below the minimum salary of the higher class, the employee's rate of pay shall be increased to the minimum rate of the higher class. 2. If the employee's rate of pay in the lower class falls within the range of pay for the higher class, the employee shall be advanced to the pay step in the higher range which is next higher in amount above the employee's pay before promotion. 3. In the case of promotion, within-range increases shall be granted in accordance with subsection 3(b) of Article 11. (b) Demotion An employee demoted from a position in one class to another class having a lower pay range shall receive a salary decrease. 1. If the rate of pay of the employee in the higher class is above the maximum salary for the lower class, the employee's rate of pay will be decreased to the maximum rate of the lower class. 2. If the rate of pay of the employee in the higher class is within the pay range of the lower class, the employee's rate of pay shall be reduced to the next lower pay step in the range. -14- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 17 Section 4 - Longevity Commissioned Police Officers, Corporals and Sergeants of the City 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 Longevity Compensation At least four (4) years and less than nine (9) years 1.5% of base monthly salary At least nine (9) years and less than fourteen (14) years 3.0% of base monthly salary At least fourteen (14) years and less than nineteen (19) years 5.5% of base monthly salary At least nineteen (19) years and 7.0% of base monthly salary less than twenty-four (24) years Twenty-four (24) years or more 10.0% of base monthly salary Section 5 - Longevity Payment at Termination (a) Upon termination of employment of anyone entitled to longevity pay, such person shall receive a longevity payment, according to the above schedule, for the number of months of eligibility served by such employee from the date on which the immediately previous longevity payment was made. Such payment shall not be made for fractions of a month, and if termination of employment occurs on or before the fifteenth day of any month, that month shall not be counted as one for which longevity pay is to be made, and if termination of employment occurs after the fifteenth day of any month, that month shall be counted as one full month for which longevity pay is to be made. (b) No longevity pay shall be paid to any employee who is discharged from employment for disciplinary reasons. (c) Employees covered by the Washington State Law Enforcement Officers' and Firefighters' Retirement System who terminate their employment after disability leave and are placed on disability retirement shall receive longevity pay for the period of disability leave as provided in Chapter 41.26 of the Revised Code of Washington. Section 6— Direct Deposit Direct deposit shall be allowed to a banking institution of the employee's choice. ARTICLE 12 - SHIFT HOURS Section 1 — Schedules (a) Patrol The Police Department and the Association jointly agree to a ten (10) hour and forty (40) minute shift plan for Officers assigned to work the normal patrol shifts (not a specialty assignment) pursuant to Appendix "A". Shift schedule starting and ending times may vary by no more than fifteen (15) minutes. Shift hours are set as follows: -15- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 18 A Squad 0630-1710 B Squad 0950-2030 C Squad 1600-0240 D Squad 2020-0700 Any elimination of shifts or adjustment of other shift times by more than 15 minutes will only be done by mutual agreement of both parties. The Association agrees to allow the Chief of Police to set staffing for B squad based on the operational needs of the department, including not filling the squad. Any anticipated changes to the staffing levels for B squad will be announced during shift bid of each year. (b) Criminal Investigations Division Members of the Association assigned to the Major Crimes Unit, Special Assault Unit and Property Crimes Unit shall maintain a nine (9) or ten (10) hour shift plan with shift hours based on operational needs, except in the event of an emergency. Ninety (90) day notice will be provided for permanent shift plan changes. (c) Canine Handler Officers assigned as a canine handler will maintain a nine (9) hour and forty (40) minute plus one (1) hour of canine care time for each regularly scheduled shift plan as outlined in the "Canine Schedule" but to address the issues of additionally mandated and authorized training requirements, may be assigned shift hours different than those developed for the Gold and Blue Patrol Teams. Shift hours will be established prior to the start of each calendar year, and shall be maintained for the year. Nothing shall preclude management from adjustment of Canine handler shifts in accordance with other articles of the current Collective Bargaining Agreement. (d) Canine Care Canine Handler compensation for duties not directly related to law enforcement, and meets requirements under the Fair Labor Standards Act. The 'canine care' pay code in TAMS will be used to add the one (1) hour of 'canine care' to each regularly scheduled shift. Canine care is to compensate officers for time spent performing dog handling duties separate and apart from those while on-duty and includes, but is not limited to, time required for feeding, grooming, training, exercising, transporting, obtaining routine veterinary care, purchasing food and supplies. If for any reason the City or the Association has a concern about the shift hours described in this section, the City and the Association agree to attempt to resolve the issue in a cooperative fashion. For all other bargaining unit employees, the Employer reserves the right to implement, from time to time, eight (8), nine (9), and/or ten (10) hour shift plans, per past practices. If the Employer decides to modify these plans, from time to time, the Employer will provide notice of such change in accordance with Article 27 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. -16- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 19 For any bargaining unit member working a ten (10) hour and forty (40) minute shift, the regular work period for that member shall be twenty-eight (28) days and the regular hours of work during that twenty-eight (28)-day period shall not exceed one hundred seventy-one (171) hours. For any bargaining unit member working a nine (9) hour shift, the regular work period for that member shall be fourteen (14) days and the regular hours of work during that fourteen (14)- day period shall not exceed eighty-six (86) hours. For any bargaining unit members working a ten (10) hour shift, the regular work period for that member shall be twenty-one (21) days and the regular hours of work during that twenty-one (21)-day period shall not exceed one hundred twenty-eight (128) hours. Section 2 - Shift Bidding (a) Shift hours shall be assigned by seniority bidding for all bargaining unit members excluding probationary officers and shall be for a period of one calendar year. Seniority shall be as defined in Article 14. Bidding shall occur during the month of November or December of each year. Employees may bid for both shift and team, provided that the City may assign an employee to the opposite team on a shift at the time of the bidding process for a legitimate reason. In the event that reassignment during the course of the year is required, officers assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. (b) The order of shift bidding will be by rank, with Officers bidding first, then Corporals and finally Sergeants. (c) Police Officers assigned to the CRU SWAT team shall only be allowed to bid a maximum of two officers per shift, per team. This shall not include Corporals or Sergeants. (d) Annual shift change shall take place in February of the following year. Section 3— Shift Exchanges (a) Police Officers or Sergeants may have another fully qualified bargaining unit employee (in like position) substitute for them by performing work in the same capacity for the employee's entire work day, or portion thereof, provided the substitution does not interfere with the operation of the Department, and is preapproved in advance by the Watch Commander, whose approval will not be unreasonably withheld. (b) Hours worked by the substitute employee shall be excluded by the City in the calculation of hours for which the substitute employee would otherwise be entitled to compensation, including overtime compensation. (c) If a substitute employee works another employees scheduled work shift in accordance with this Section, then the hours worked by the substitute employee shall only be counted as hours worked by the employee who was originally scheduled to work that shift. (d) It is expressly understood that as a result of approving a voluntary request to exchange shifts, the City will not incur any overtime liability. -17- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 20 Section 4 - Overtime (a) 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 %), provided that Community Service Officers and Narcotics Investigators shall be compensated at the overtime rate only when hours are worked in excess of the regularly scheduled work week. (b) 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. This includes instances in which officers are under subpoena to testify in a telephonic court or administrative hearing. Hours worked beyond this minimum shall be compensated at the overtime rate. A member who has been scheduled to attend court is entitled to three (3) hours of overtime pay if the court appointment is cancelled any time after 1200 (noon) the prior business day of the appointment. Members cancelled from court prior to that time are not entitled to compensation. (c) Officers called to work within thirty (30) minutes of their scheduled shift start time are not entitled to call out time, and will be compensated by overtime only for the actual amount of time they worked prior to shift start. Hours worked beyond, but concurrent with, an employee's scheduled shift shall not be considered callout time. (d) Off duty self-initiated police activity is not considered call out time, but will be compensated at a time and one-half rate. (e) Members are not permitted to schedule personal leave, or other compensatory time off for the purpose of working City funded overtime assignments during their regularly scheduled duty hours. This shall not apply to members who are working overtime during their pre-scheduled annual vacation leave, or members working overtime assignments funded or reimbursed from a source other than the City. (f) Members who are required to take work related telephone calls outside of their scheduled work hours are entitled to overtime pay under the following conditions. The telephone call must exceed 5 minutes and the call must have been authorized by a Lieutenant or higher rank within the Department. The minimum amount of compensation for a work-related phone call in these circumstances is one half an hour. Section 5— Comp 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. All accrued compensatory hours shall be cashed out on a quarterly basis. Section 6 - Daylight Savings Time In the event a member's shift is shortened by one hour due to daylight savings time, that member will be required to submit a leave request for that hour. In the event a member's shift is lengthened by one hour due to daylight saving time the member is entitled to compensation for that hour. -18- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 21 ARTICLE 13 -VACATIONS Police Officers, Corporals and Sergeants shall be granted annual vacation as follows: After one (1) full year of employment 7.42 hours per month (Forty (40) hours may be taken after six months of employment) After two (2) full years of employment 8.75 hours per month After five (5) full years of employment 10.75 hours per month After ten (10) full years of employment 14.08 hours per month After fifteen (15) full years of employment 16.08 hours per month After twenty (20) full years of employment 16.75 hours per month After twenty-five (25) full years of employment 17.42 hours per month Section 1 — Lateral Vacation Accrual New laterally hired employees with two (2) years or more of experience (after academy) within the last three (3) years shall be given credit for prior full years of service with their former employer when calculating vacation accrual rates. Section 2 - Maximum Vacation Accrual Said employees may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two (2) years of service, according to the above schedule. Section 3—Vacation Sell Back Program Employees may sell back up to one-third of their annual accrued vacation. Vacation hours eligible for buy-back are those hours earned up to one-third maximum, accrued within the preceding twelve- month period. No more than one request may be made per calendar year (City of Yakima Municipal Code provision in section 2.40.120). Section 4 - Permissible Use of Vacation Accruals with Pay (a) Vacation leave accumulated at the end of six months of service may be taken in the seventh month and each month thereafter as accumulated. (b) Vacation leave must be taken at such time as the employee can be spared, but an employee will be allowed to take his leave when he desires if it is possible to schedule it at that time. (c) All vacation leave must be requested in advance and approved by the employee's department head. Section 5—Vacation Scheduling (a) Selection of annual vacation leave shall be by seniority as defined in Article 14. (b) Members shall select vacations within their own rank and squad. -19- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 22 (c) Within the patrol division, a minimum of one (1) officer per squad shall be allowed annual vacation leave per work week. Within other specialty work units, one (1) officer will be allowed annual leave per work unit per assigned work week. The Police Chief, at his discretion, may authorize and increase the number of vacation slots available for officers to select from based on department need. (d) Members will select two weeks of annual vacation leave on the first selection round. On the second selection round, members will pick one week. During the third-round members may elect to pick one week if desired, but are not required to pick a fourth week. (e) During the year, a member may request an alternate or additional vacation due to unforeseen circumstances. The request shall be made in writing through the member's chain of command to the Division Commander. The member may appeal the Division Commander's decision directly to the Police Chief. (f) Members who are involuntarily transferred shall be allowed to keep their selected annual vacation weeks. In the event their previously selected vacation week falls on a regularly scheduled day off under their new schedule, the department will make every effort to accommodate the member in selecting a new week. If a member voluntarily transfers, the Department will make every effort to accommodate the member's previously selected annual vacation, however may change the vacation depending on staffing needs of the new assignment. (g) Employees may cancel scheduled annual vacation leave however, they must provide thirty (30) days' notice. (h) Promotions shall be treated as involuntary transfers for purposes of this Article. Section 6 - Terminal Leave (a) A permanent employee, when leaving the service of the City and who has given at least two weeks' notice of his intention to leave, shall be compensated for vacation leave earned and accumulated to the date of separation. (b) No compensation for vacation leave shall be payable to any employee who terminates his employment or is terminated before he has completed six months of service. (c) Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated. ARTICLE 14 - SENIORITY SYSTEM A seniority roster will be maintained by the department's Police Chief, or his/her designate, and shall be used to schedule vacation leaves and days off. Scheduling days off shall be executed by the Police Chief, or his/her designate, as an administrative function. Seniority among officers shall govern priorities for vacation leave and days off. For purposes of this Article, and for purposes of scheduling vacation leave and days off, seniority means a status of employee gained by continuous length of service and by rank, with an employee of higher rank having greater seniority than an employee of lower rank, and, as between employees of equal ranks, the employee with the longest continuous service in that commissioned rank having seniority, provided that: between employees of equal rank where one of the employees has been -20- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 23 demoted, the demoted employee's seniority shall equal his or her length of continuous service served in the rank demoted to plus any service in higher ranks. Determination of Seniority Between Employees of Equal Rank with the Same Length of Continuous Service. Seniority is established by the length of continuous service, starting with the date of hire. If two (2) or more persons are hired on the same day, the score appearing on the entrance examination used for the appointment shall determine seniority, with the person obtaining the highest score to have the greatest seniority. If two (2) or more persons have identical scores on the entrance examination, seniority shall be determined by the drawing of lots per Police Civil Service Rules and Regulations. An employee within the bargaining unit who may feel aggrieved by the administration of such a seniority system shall seek his remedy by the grievance procedure provided in Article 6 of this Agreement. ARTICLE 15 - 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 16 - HOLIDAYS WITH PAY (a) Members of this bargaining unit shall receive a bank of ninety-six (96) hours on January 1, of each calendar year. (Twelve holidays: 10 observed and 2 personal) 1. The following shall be recognized as observed holidays: New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veterans' Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day 4th Friday in November Christmas Day December 25 -21- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 24 2. Officers assigned to shifts longer than eight (8) hours shall receive additional hours to correspond to the length of their assigned shift. For example, officers assigned to nine (9) hour shifts shall receive one hundred eight (108) hours, officers assigned to ten (10) hour shifts shall receive one hundred twenty (120) hours, and officers assigned to the ten (10) hour forty (40) minute shift shall receive one hundred twenty-eight point one seven (128.17) hours. (b) Holiday shifts shall be worked as assigned. Relevant staffing levels will be determined by the Department in accordance with operational requirements. (c) Holiday time must be used in the calendar year in which it was credited and may not carry-over into successive calendar years. (d) New members of the bargaining unit will receive holiday credits at the rate equivalent to the number of hours of their regularly assigned shift per observed holiday remaining in the calendar year. Members must be scheduled to work for more than one-half (1/2) of the month's shifts in order to receive holiday credit for the month in which they were hired. (e) An employee who uses their holiday time and leaves the Department before December 31st shall have the equivalent number of hours removed from their earned leave account or final pay for each observed holiday remaining in the year. ARTICLE 17 - UNIFORM CLEANING AND ISSUE Section 1 — Uniform and Equipment Specifications Manual The City shall pay for all necessary cleaning of uniforms for members of the bargaining unit as specified in the "Uniform and Equipment Specifications Manual". 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 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. The City agrees to adhere to the "Uniform and Equipment Specifications Manual" of the department policy manual, with respect to minimum equipment issuance. Section 2 - Footwear Allowance The City will provide a three hundred ($300) dollar allowance every odd numbered year for the purchase or repair of approved footwear for officers assigned to units not eligible for a clothing allowance. Section 3 - Firearm Purchase The City and the YPPA will maintain the Memorandum of Understanding (MOU) covering the acquisition of AR-15 rifles for employees electing to purchase such rifles. Up to twenty-five percent (25%) of the bargaining unit each year are eligible for this benefit. The cost of the purchases shall be repaid by officers at a 0% interest rate over a two (2) year period in equal deductions from the employee's paycheck. Employees who terminate employment shall have the remaining unpaid balance removed from their final paycheck. Employees may have only one (1) personal agreement at a time. -22- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 25 ARTICLE 18 — PLAINCLOTHES CLOTHING ALLOWANCE Police officers and police sergeants assigned to the Detective Division of the Police Department, and police officers and police sergeants assigned to the Administration and Services Divisions, when not required to wear a uniform in the performance of their assigned duties, shall be paid a monthly clothing allowance of eighty dollars ($80.00) in lieu of an issued uniform. Additionally, the Chief of Police in his discretion may extend and/or discontinue, from time to time, the clothing allowance for police officers and police sergeants assigned to the SRO or any other police unit. ARTICLE 19 - LIFE INSURANCE The City shall provide one hundred fifty thousand dollars ($150,000.00) group life insurance for each employee in the bargaining unit. ARTICLE 20 - HEALTH INSURANCE Section 1 - Medical, Vision and Dental Care Coverage As identified in this agreement, medical, vision, and dental coverage shall be maintained for the duration of this agreement for covered bargaining unit employees, retirees and their dependents, provided that the parties may mutually agree to re-open the contract to address any issues regarding coverage. The Association may have up to two (2) non-voting representatives on the Health Plan Board as observers. Section 2 - Health Care and Dental Coverage Premium Contributions (a) Employee Health Care Coverage LEOFF I and LEOFF II employee only health care coverage premiums shall be paid for by the City. (b) Dependent Health Care Coverage The City will share the monthly premium for dependent medical insurance with bargaining unit members. Members shall contribute on a monthly basis according to the following schedule: For employees with one dependent: 0.5% of wages For employees with two dependents: 1.0% of wages For employees with three or more dependents: 1.5% of wages For purposes of this subsection, "wages" means the top step patrol officer wage during the month of contribution and "dependent" means a spouse, child, or other individual eligible for medical coverage under the City of Yakima's Health Care Plan. Effective July 1, 2012, the parties shall revise the health insurance program. On that date the YPPA plan design will be outlined as in the 2011 Healthcare Plan Report as Option C. (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 -23- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 26 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. Section 3 - Long Term Disability Coverage The City will allow employees to use payroll deduction for their entire long-term disability coverage premium. ARTICLE 21 - 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 (Appendix C) and incorporated herein by this reference. The incorporation of the Resolution referenced above does not preclude the City from modifying the Resolution in accordance with the provisions of the first sentence of this section. Section 2 - Defense Against Criminal Charges The City shall, at the City's expense, defend any officer against any criminal charges brought against such officer for action occurring while acting in the official capacity as a Police Officer. The City's obligation to provide for such defense and/or defense costs shall terminate upon a conviction of a criminal law violation in Court. It shall be the obligation of the officer to pay for attorney's fees and costs associated with an appeal unless the appeal reverses a conviction in which case the City will reimburse the officer for attorney's fees and costs associated with the appeal. If such officer is found guilty and there is an entry of final, non-appealable judgment or conviction, it shall then be the responsibility of such officer to reimburse the City for all fees, expenses and costs related to the defense. If the officer is retried, the provisions of this article shall apply anew. If an outside attorney is hired to provide such defense, the City shall be notified of the identity of such attorney and an agreement with the City shall be reached concerning the fees to be charged by such outside attorney prior to the time that attorney is retained. Section 3 - Physical Damage Insurance The City shall provide full physical damage insurance on police vehicles, which insurance 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 22 - DIFFERENTIAL PAY Section 1 - Crisis Negotiations Team (CRU) Members assigned to the CRU Team shall receive two percent (2%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. Section 2 - SWAT Members assigned to the SWAT team shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. -24- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 27 Section 3 - Field Training Officers Police Officers assigned to orient and train newly hired uniformed officers, and actually engaged in same, shall receive a payment, per month, of five percent (5%) of their current base pay for that month, over and above their normal rate of pay. Officers assigned such duty for periods of less than one (1) week during the pay period shall not be eligible for such differential. The City retains the exclusive right to select said Field Training Officers and determine the duration of assignment. Section 4 - Investigative Assignment Police Officers, Corporals and Sergeants assigned in writing by the Police Chief or designee to the Criminal Investigative Division, as Traffic Investigators, Narcotics Investigators, or to any Interagency Task Force shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month in such assignment. The City retains the exclusive right to, from time to time, select said Investigators, Detectives, Narcotics Unit and any Interagency Task Force members, and to determine the duration of assignment; provided, however, if the transfer is for disciplinary reasons, then nothing in this section prevents the employee from grieving the disciplinary transfer in accordance with Article 6. Operational transfers are not grievable. Police Officers and/or Sergeants desiring a transfer out of an Investigative Assignment shall submit a memorandum requesting reassignment, through the chain of command, to the Police Chief. Section 5 - Education Incentive Police Officers, Corporals and Sergeants shall be paid a monthly education incentive payment based on the following schedule: AA Degree or 90 college credits: 1.5% of their current base pay for that month BA Degree: 3.0% of their current base pay for that month MA Degree: 4.0% of their current base pay for that month Education incentive pay shall be paid to employees only after the City has received an official transcript from the educational institution verifying the degree or credits received. Section 6— Bilingual/Biliterate Pay (a) Employees who have a bilingual and/or illiterate capacity for the Spanish language and have achieved a passing score on the bilingual and/or biliterate skills examination administered by the Civil Service Chief Examiner or designee shall be eligible to receive: 1. Employees who have Spanish bilingual capacity shall receive 3% of their base pay per month for their work in that capacity. 2. Employees who have Spanish biliterate capacity shall receive 2% of their base pay per month for their work in that capacity. A determination for bilingual capacity shall be made by the City within six (6) months of graduation from the law enforcement academy. Upon certification, compensation shall be retroactive to the date of academy graduation. (b) Should a language other than English, Spanish, be necessary for the conduct of official business of the Department by an officer who has successfully tested as bilingual in that language, the officer may be compensated bilingual pay for the month in which the service was needed. -25- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 28 Section 7—American Skin Language (ASL) Employees who have capacity for American Sign Language (ASL) and have achieved a passing score on a skills examination administered by the Civil Service Chief Examiner or designee shall receive 3% of their base pay for the month in which their work was needed in that capacity. Section 8— Motorcycle Duty When any employee of the Police Department is assigned by the Police Chief to a position which requires operation of a motorcycle, such member shall be paid three percent (3%) of their current base pay in addition to their regular salary. Section 9 - Acting Pay During routine operations when an officer is assigned to fulfill the duties and responsibilities of a classification higher than his own for a period of four (4) hours or more he/she shall be paid the lowest rate of the higher classification which provides any salary increase for the officer. Section 10— Shift Differential Pay All general squad patrol division officers (those not assigned a specialty) who work 10 hour and 40- minute shifts shall receive shift differential pay as set out in the following schedule. Only those people assigned as a general squad patrol officer on the division shift roster are eligible for this differential pay. Shifts starting between 0500 and 0859: No differential pay Shifts starting between 0900 and 1459: 1% of current base pay Shifts starting between 1500 and 1859: 1.75% of current base pay Shifts starting between 1900 and 0459: 2.25% of current base pay Any Patrol officer involuntarily reassigned from a bid-for shift, for other than disciplinary transfers, shall be entitled to whichever shift premium is greater between the bid-for shift and the reassigned shift. Section 11 — Gang Unit Pay All members assigned to the Gang Unit shall be paid 5.0% of their current base pay in addition to their regular salary for each full month assigned to the Gang Unit. (This shall be inclusive of all other differentials i.e. detective, shift differential, etc.) Section 12 — Notice of Specialty Openings Notice of all openings for specialty positions will be posted. Section 13— K-9 Officers Employees assigned to K-9 duty shall receive a premium equal to three percent (3%) of their current base pay and are eligible for shift differential pay outlined in Section 10 of this article. Section 14— Modified Duty Any Officer who is assigned by the City and serving on modified duty status is not eligible for differential pays listed in Article 22, Section 1, 2, 6, 7, 8, 9, or 11. The City agrees to negotiate future changes in working conditions related to modified duty assignments. ARTICLE 23 - SICK LEAVE Section 1 - Accrual LEOFF II employees shall accrue ten (10) hours of sick leave for each full calendar month of service with the City. Unused sick leave may be accumulated for an unlimited period; provided, however, that -26- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 29 LEOFF II employees shall be permitted to accumulate up to a maximum of 1200 hours of sick leave. For the purposes of this Article only, a day shall be equivalent to ten (10) hours. On the first day of employment each newly hired permanent employee of the bargaining shall receive 120 hours twelve sick leave, subject to following restrictions: (a) No additional sick leave will be accrued during the employee's first year of employment. (b) Should the employee either voluntarily or involuntarily terminate employment during the first year and used sick leave hours equivalent to more than the number of months employed, the excess hours shall be deducted from the employee's accrued paid leave balance (i.e. vacation, compensatory, etc.) LEOFF I employees shall not be entitled to sick leave benefits conferred by this chapter; provided, such employees shall be accorded leaves of absence as provided by Article 23, Section 5 Subsection C, items (4) and (5). Section 2 - Permissible Use of Sick Leave An employee eligible for sick leave with pay shall be granted such leave for the following reasons: (a) Personal illness or physical incapacity resulting from causes beyond employee's control; (b) Quarantine of employee due to exposure to a contagious disease; (c) On-the-job injuries - In the event an LEOFF II employee is unable to work due to an on-the-job injury, said employee will be compensated by being kept on salary (KOS) and will continue to earn their regular wages and benefits, provided the employee complies with all the provisions of the City policy (Directive 4-400). KOS status will extend for a period not to exceed six (6) months, or until the officer has been released by a physician to full duty, whichever is sooner. If, after six (6) months in a KOS status, the employee is unable to return to full duty, he or she will revert to the traditional Worker's Compensation time loss payment system in accordance with RCW 51.32.090. The employee will be allowed to make an election regarding their time loss according to City policy. (d) In the event of a death in the employee's immediate family and upon approval from a supervisor, the employee may use up to three days of paid bereavement leave per occurrence. 'Immediate family" for purposes of this subparagraph means any husband, wife, parent, grandparent, child, grandchild, brother, sister, or registered domestic partner. Any request for use of sick leave beyond the 3 days must be pre- approved by the Police Chief or designee; (e) 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; (f) Illness and disability caused or contributed to by pregnancy, miscarriage, abortion or childbirth; (g) Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer; -27- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 30 (h) An employee will be entitled to use the employee's accrued sick leave to care for a child of the employee under the age of eighteen with a health condition that requires treatment or supervision or for a serious health condition or an emergency condition of a spouse, registered domestic partner, parent, parent-in-law, or grandparent. Section 3 - Requirements for All Paid Sick Leave (a) 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. (b) Employees must keep their Department head informed of their condition if absence is of more than three (3) working days in duration. (c) For each absence an employee must submit upon the approved form an explanation of the reason for such absence consistent with federal and state law. A statement by the attending physician may be required if an absence by illness or injury extends beyond three (3) working days, or for each absence, if requested by the Department head. (d) Employees must permit home visits or medical examinations at the expense and convenience of the City consistent with federal and state law. Section 4 - Enforcement of Sick Leave Provisions (a) Any failure to comply with the provisions of Section 3 shall be grounds for denial of sick leave with pay for the period of absence. (b) Misrepresentation of any material facts in connection with paid sick leave by any employee shall constitute grounds for suspension or discharge. (c) It shall be the responsibility of the Department head or designated representative to: 1. 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; 2. Investigate any suspected abuse of sick leave; 3. Withhold approval of sick leave pay in the event of unauthorized use; 4. 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. -28- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 31 Section 5 - 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: (a) No exchange of accrued sick leave for additional leave days or for cash will be granted for those employees with seven hundred and twenty (720) hours or less of accrued sick leave except: 1. Upon retirement or death the employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay and deposited into the employee's VEBA account. Employees with 30 years of service to the City of Yakima or more, hours will be exchanged for pay at the rate of one hundred percent (100%) of the employee's current base pay, up to the maximum amount of $28,500. 2. Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be exchanged for pay at the rate of twenty-five percent (25%) of the employee's current base pay and deposited into the employee's VEBA account. Honorable termination includes layoff for budget reasons, as well as resignation with proper notice. 3. For employees with less than 30 years of service to the City of Yakima, payments authorized herein shall be the lesser of the amounts allowed in A(1) or A(2), or the percentage ratio of the employee's accrual versus 720 hours, applied to $22,000 but in no case shall such payment exceed $22,000. For employees with 30 years of service to the City of Yakima, payments authorized herein shall be the lesser of the amounts allowed in A(1) or A(2), or the percentage ratio of the employee's accrual versus 720 hours, applied to $28,500 but in no case shall such payment exceed $28,500. (b) Exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued seven hundred and twenty (720) hours or more subject to the following provisions: 1. Upon retirement or death, the employee's accrued sick leave up through a maximum of seven hundred and twenty (720) hours will be exchanged for pay at the rate of one hundred percent (100%) of the employee's current base pay and deposited into the employee's VEBA account. 2. Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of seven hundred and twenty (720) hours will be exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay and deposited into the employee's VEBA account. 3. The maximum amount allowable for payout is $22,000. For employees with 30 years of service to the City of Yakima or more, the maximum amount allowed is $28,500. 4. Employees who have accrued more than seven hundred and twenty (720) hours of sick leave may exchange such sick leave for bonus (additional) leave -29- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 32 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. (c) 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: 1. 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. 2. 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. 3. No request will be granted for less than eight (8) hours' pay or eight (8) hours additional leave. 4. No exchange will be granted to an employee who has been terminated for cause, as defined by Civil Service. 5. In the event of layoff, exchange requests are the responsibility of the employee. Section 6—VEBA Employees shall participate in the employer sponsored VEBA program the Association has established. ARTICLE 24 - 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 Police Chief or designee. ARTICLE 25 - TRAVEL AND TRAINING TIME Section 1 - Training Time Time spent in training that is required by the City is considered compensable hours of work; provided, however, time spent by employees is not compensable if all of the following four (4) conditions are present: (a) Attendance is outside the employee's regular working hours; -30- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 33 (b) Attendance is voluntary; (c) The training program, lecture, meeting or other similar activity is not directly related to the officer's job; and (d) The officer(s) do not perform any productive work during such attendance. Also, time spent in training which is mandated by state or federal government as a condition of practice in the profession is not considered compensable where the training is not tailored to meet the particular needs of the City. If time spent in training is beyond the regularly scheduled shift, then time spent in training will be compensated at the overtime rate. Section 2 - Travel Time Travel time during regular working hours shall be considered compensable. Travel time outside regular work hours on City business shall not be compensable unless the officer is actually driving. Travel time as a passenger on an airplane, train, boat, bus or automobile outside of regular working hours is not considered compensable. Where all the employees traveling together are doing so outside of their regular working hours, the selection of the driver is by the choice of the ranking employee. Section 3— Meal Reimbursement Employees will be provided an allowance of $40 per day for meals for travel more than 50 miles outside the limits of the City of Yakima. Effective January 1, 2015 this rate will be increased to $45 per day. If the travel or training was less than a full day, reimbursement will be $15 per meal. ARTICLE 26 - 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, and conditions of employment and assignments of members. ARTICLE 27 -ADVANCE NOTICE OF SHIFT CHANGE Members will normally be given adequate advance notice of any change in their 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 the employee is to begin work under the changed schedule entitles the member to compensation at the overtime rate for those hours not exceeding eight (8) hours that are earlier, later, or different from the hours they last worked in a work day. A member is not entitled to compensation at the overtime rate if they are otherwise entitled to compensation under the same hours of work. ARTICLE 28 - 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. -31- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 34 ARTICLE 29 - 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 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 20. 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 30 -WITNESS-CIVIL SERVICE BOARD A member shall be compensated for all off-duty time that he/she spends as a witness before the Civil Service Board or arbitration hearing at the same rate and in the same manner as he/she 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 31- 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 32 - DEFERRED COMPENSATION Each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to 5.5% of said monthly salary. Effective 1/1/2022: 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 6.0% 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. ARTICLE 33 - MILITARY AND CIVIL LEAVE Section 1 — Military Leave Leave not to exceed twenty-one working days during each calendar year, over and above annual vacation or sick leave, may be allowed any employee who is a member of the National Guard or of -32- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 35 any organized reserve or armed forces of the United States. The employee will be paid his/her normal pay during such military leave period when taking part in active training duty. Section 2 — Civil Leave Necessary leave will be provided to permit an employee to serve as a member of a jury or to exercise other civic duties. Employees will remain in full employment status and will receive their full salary during periods of civil leave, however, any compensation received for performing civil duties must be remitted to the Finance Department. ARTICLE 34 - OFF-DUTY EMPLOYMENT Section 1 - Duty to Inform Police Chief Any employee who desires to take any additional employment not relating to the use of commission authority during off-duty hours shall inform the Police Chief 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 Police 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 Police Chief. Section 2 - Authorization for Off-Duty Employment Prior to accepting off-duty employment not relating to the use of commission authority, an employee must obtain specific written authorization from the Police Chief. The Police Chief may suspend, modify, deny or terminate off-duty employment at any time for reasons including, but not necessarily limited to, the following: (a) Incompatibility with the employee's City work schedule or interference with the employee's ability to perform his or her regular Police Department duties. (b) Conflict with Department goals, objectives, policies or procedures. (c) Nature of work is inconsistent with the professional image of the Department or creates an appearance of impropriety. (d) Unusual illness or absence record prior to or following hours of off-duty employment. (e) Work associated with premises where intoxicants are served for consumption, at the discretion of the Police Chief. (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 Police Chief 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 Department owned and/or issued equipment will be used for off-duty employment without the specific prior written approval of the Police Chief. -33- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 36 Section 4 - Scheduling Off-Duty Employment Off duty work involving the use of commission authority shall be scheduled and paid by the City. However, the Yakima Police Patrolman's Association must provide a list every six months of personnel to the Police Chief or designee for appropriate assignment depending upon availability. It is understood that this off-duty work for other organizations is to be paid at the rate of fifty-five dollars per hour ($55.00). The City's actions to coordinate and schedule this work and administer payment is not intended to make this "time worked" for overtime purposes. Section 5 - Indemnification and Defense The Police Chief 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. 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 Police Chief. 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 not involving the use of commissioned authority shall not be considered employees of the City but shall be considered employees for these purposes, for off-duty work administered by the City. ARTICLE 35— LAYOFFS Whenever it becomes necessary through lack of finances or other cause to reduce the force, persons to be laid off shall be given at least a four (4) week notice and the order of layoff shall be accomplished in the following manner: (a) Persons serving in a temporary capacity within a classification to be reduced shall be first laid off in order of seniority, least senior first; (b) Those still serving their probationary period within a classification to be reduced in order of seniority, least senior first; (c) Those whose appointments are complete within a classification to be reduced in order of seniority, least senior first. (d) Seniority for the purpose of this article shall mean accumulated time in employment within a particular classification within a department excluding leaves of absences in excess of 90 days and time off due to suspensions without pay. In the event of identical accumulated time within the affected classification, the order of hire or promotion shall determine seniority. -34- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 37 (e) In the event any permanently appointed person employed in a classification above entry level is laid off, that person shall have the right to voluntarily reduce in rank to the next lower classification previously held within the department regardless of whether a vacancy exists within that classification. Any person, other than persons serving temporary appointments in higher classifications, choosing voluntary reduction in rank under this section shall be regarded as the most senior person in that classification to which they are reduced for the purpose of any further layoffs. Temporary appointees electing voluntary reduction in rank shall assume the seniority in the previously held classification. The least senior permanently appointed person within any classification shall be laid off in the event all the positions within the classification are filled and a voluntary reduction in rank from a higher classification occurs. Likewise, if a person is laid off as a result of a voluntary reduction in rank that person may voluntarily reduce in rank to the next lower classification previously held. (f) All persons except temporary appointees who choose to voluntarily reduce in rank shall be placed on a reinstatement register for each classification from which they were reduced. ARTICLE 36 — POLICE CORPORALS Candidates for the position of Police Corporal shall have a minimum of five (5) years of service with the Department. Corporals shall be assigned to the patrol division upon promotion with a maximum of one corporal per shift per team. The department may establish Corporal positions as needed in other divisions, and Corporals from the patrol division may apply for transfer to those positions. ARTICLE 37 - DURATION This agreement shall be effective on January 1, 2020 and shall continue through December 31, 2023. Executed by the parties hereto this day of , 2023. Yakima Police Patrolman's Association City of Yakima By: By: Chairman of YPPA City Manager By: By: Secretary of YPPA Chief of Police ATTEST: City Clerk -35- YPPA Collective Bargaining Agreement_Final January 1, 2020—December 31, 2023 APPENDIX A 38 Yakima Police Department 2023 4%1k '- Patrol Squad Schedule "Ao January February March S M T WTH F S S MITI WITH F S ISIMIT 1VVITH F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15.16 17 18 19 20 21 12 13 14115116 17 18 12 13 14115116 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 2612-T-T81 8 29 30 31 April May June S M T WTH F S IS M TIWITH F S ISIMITIWTH F S 1 1 2 3 4 5 6 1 2 3 2 3 4 51 6 7 8 7 8 9110111 12 13 4 5 617 8 9 10 9 _10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20121122 23 24 23242526272829 28293031� 25 26 27 28 29 30 30 July August September S M T WTH F S SMT I WITH F S I SI MI T I WTH F S 1 1 2 3 4 5 1 2 2 3 ,del 5 16 718 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15116117 18 19 10 11 121131:14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20,21 23242526272829 2728293031 30 31 October November December S M T WITH F S ISIMITIWITH F S ISIMITIWTH F S 2 3 4 5 6 7 1 2 3 4 1 2 8 9 ,10I11 12 13 14 5 6 71819 1011 3 4 51617 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 1011 12 13 14 15 16 22 23 24 29 30"25 26 27 28 26 W11 28 29 30 24 25 17 24 25 26 277 28 29 30 1/1 Restricted Days Off: Jul. 4th (All Squads) ❑ Blue Team Shift Fair Week(All Squads) Oct. 31st(C-D) ❑ Gold Team Shift K9 Training Days Dec. 31st(C-D) ❑ Both Teams Assigned p SWAT Training Days Training for on-coming Team CNT Training Day ❑ Alternate Training Day ❑ Team Overlap No Training 39 APPENDIX B YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY This Policy has been agreed to by the parties and shall become part of the current labor agreement between the City of Yakima and the Yakima Police Patrolman's Association. All applicable articles of the contract shall apply to this Policy. • A. PURPOSE This policy supersedes City of Yakima Substance Abuse Policy—Part Ito the extent Part I applies to YPPA members, The City of Yakima recognizes that employees are our most valued resource. The Department expects that all law enforcement officers are physically, mentally, and emotionally capable of fulfilling and carrying out their assigned duties, and has a responsibility for providing a safe working environment. The City of Yakima and the Yakima Police Patrolman's Association have a mutual interest in ensuring that substance-impaired employees do not perform law enforcement duties. In order to protect the health, welfare, and safety of its employees and the citizens whom they serve, the following policy regarding substance abuse in the workplace is adopted. • B. POLICY 1. It is the policy of the City of Yakima to provide an alcohol- and drug free workplace for its employees. 2. The City's philosophy on substance abuse is to emphasize prevention, training, rehabilitation, and recovery from substance abuse. Counseling and support will be made available through an Employee Assistance Program, and the employees' right to privacy will be respected at all times. 3. It is the responsibility of the City and the Association to preserve and protect public trust,public safety,and fitness for duty. 4. It is the responsibility of all employees to report for duty and be able to perform their jobs safely and effectively, unimpaired by drugs, alcohol, or any other intoxicating substance. Employees must remove themselves from service if they are unfit for duty. 5. The illegal possession, manufacture, use, distribution, or sale of, unlawful drugs, drug paraphernalia,or other prohibited substances is prohibited. 6. The possession, manufacture, use, distribution, or sale of alcohol on City 40 premises (including City vehicles) or while on duty at any time is prohibited. Alcoholic beverages that are properly stored, unopened, in the trunk of an employee's private vehicle on City property will not be considered a violation of this policy. C. APPLICABILITY This policy applies to all bargaining unit employees through the rank of Sergeant. D. DEFINITIONS For purposes of this policy,the following terms have the meanings indicated: 1. Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 2. Confirmation Test. A confirmation test means a second analytical procedure to identify the presence of a specific prohibited substance or prohibited substance metabolite in urine which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. • 3. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to deteu nine violations of criminal drug statutes. 4. Counseling means participation in a substance abuse treatment or rehabilitation program. 5. Criminal drug statute means a criminal law involving the manufacture, distribution, dispensing,use,or possession of any controlled substance. 6. Drug Test. A method for determining the presence of controlled 'substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR part 40, as amended. • 7. 'Employee means a YPPA bargaining unit member. 8. Failing a Drug and/or Alcohol Test. Failing a drug and/or alcohol test means that the test showed positive evidence of the presence of a prohibited substance in an employee's system that is at or above a determined threshold-level. This determination is made by-the-IvIRO. • 41 • Failing a drug and/or alcohol test shall be referred to as"testing positive". Employees who refuse to take a drug and/or alcohol test when requested to do so shall be considered to have failed the substance test. 9. Medical Review Officer(MRO) is a licensed.physician with knowledge of substance abuse disorders and familiarity with the characteristics of laboratory tests selected by joint agreement between the parties to receive positive drug test results from the laboratory, analyze and interpret the results, and report to the City those results as outlined in Section I of this policy. 10. Passing a Drug and/or Alcohol Test. An individual passes a drug and/or alcohol test when an MRO determines that the results of the test: a. Showed no evidence of a prohibited substance or prohibited substance metabolite; b. Showed evidence of a prohibited substance or prohibited substance metabolite for which the employee has a prescription; c. Showed evidence of a prohibited substance or prohibited substance metabolite below a determined threshold level;or d. Were suspect because of irregularities caused by persons other than the employee in the administration of the test, observation, or custody and control procedures. Passing a drug and/or alcohol test shall be referred to, as "testing negative". 11. Prohibited Substances are those substances whose dissemination is regulated by law, including, but not limited to narcotics, depressants, stimulants, hallucinogens, cannabis, and alcohol. For the purpose of this policy, 'substances that require a prescription or other written approval from a licensed healthcare provider or dentist for their use shall also be included when used other than as prescribed. The drugs and/or their metabolites that are included in these categories are as follows: 1. marijuana 2. cocaine 3. opium or. opiates 4. phencyclidine (PCP) 5. amphetamines or methamphetamines 12. Reasonable suspicion means facts and circumstances sufficiently strong to lead a reasonable person to suspect that the employee is under the effects of drugs and/or alcohol. 3 42 13. Representation means union or legal representation. 14. Refusal. to Submit means an employee fails to provide adequate urine or breath for testing without a valid medical explanation, the employee engages in conduct that obstructs the testing process, or the employee does not cooperate fully in the collection process. Examples of refusal to submit include the following: • a. Failure to appear for a test. b. Failure to remain at the testing site until the testing process is complete. c. Failure to permit the monitoring of the provision of a specimen. d. Failure to take a second test as directed by the collector. e. Tampering with or attempting to tamper with a urine sample. f. Failure to provide necessary documentation to the MRO when requested. g. Failure to complete all required forms and documents. 15. Screening Test. A screening test means an immunoassay screen (or other Department of Health and Human Services (DHHS)-approved test) utilized to eliminate "negative" urine specimens from further consideration. • 16. Substance abuse means the use of a substance, including medically authorized drugs other than as prescribed for the user, which impairs job perfoin&ance or poses a hazard to the safety and welfare of the employee, the public, or other employees. 17. Substance Abuse Professional(SAP) is a licensed physician,psychologist, social worker, employee assistance professional, or addiction counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission with knowledge of and clinical. . experience in the diagnosis and treatment of drug and alcohol-related disorders. 18. Unreasonable Delay means a delay of the testing procedure for a period of time, as defined by the collection site or laboratory personnel, which could render the test useless or inaccurate. E. EDUCATION Communicating this policy to employees is important to its success. Therefore, all covered employees shalt receive one written copy of this policy upon-its -- -- 4 43 implementation and all new covered employees will receive one copy during employee orientation. In addition, pursuant to the provisions of the Drug-Free Workplace Act of 1988, the City will establish an education and training program to assist employees to understand and avoid the perils of drug and alcohol abuse. The City will use this program in an ongoing educational effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The City's program will inform employees about: • The dangers of drug and alcohol abuse in the workplace; • The City's policy of maintaining a drug- and alcohol-free workplace; • The availability of drug and alcohol treatment, counseling and rehabilitation programs;and • The penalties that may be imposed upon employees for drug and alcohol abuse violations. As part of its program, the City shall provide educational materials concerning: • This Policy; • The effects of alcohol and drug use on an individual's health, work and personal life; • Signs and symptoms of an alcohol or drug problem;and • Available methods of intervening when an alcohol or drug problem is suspected,including confrontation and/or referral to management. In addition to the training above, the City shall provide annual training to supervisors who may be asked to determine whether reasonable suspicion exists to require an employee to undergo drug and/or alcohol testing. The supervisory training shall include training on alcohol abuse and drug use. This training shall cover the physical, behavioral,speech, and performance indicators of probable alcohol abuse and drug use. Supervisors who have not received the initial training described above will not be asked to determine whether reasonable suspicion exists to initiate drug/alcohol testing. However, these supervisors may request another supervisor who has undergone this training to make the determination. F. EMPLOYEE RIGHTS AND RESPONSIBILITIES 1. The City shall not require an employee to undergo a reasonable suspicion drug and/or alcohol test unless there is reasonable suspicion to indicate the employee is under the influence of a substance which causes the employee to pose a hazard to the safety of the employee, the public, or other. employees. 5 44 2. It is the employee's responsibility to report for duty, able to perform his/her job safely and effectively, unimpaired by drugs, alcohol, or any other intoxicating substance. 3. The appropriate use of legally prescribed drugs and over-the-counter medication is not prohibited. Employees are responsible for: obtaining from their health care provider adequate information about the effects of prescription medication on job performance and promptly notifying his/her supervisor of same; or promptly notifying his/her supervisor of the effects on job performance of over-the-counter medication being taken. It is, however, the employee's responsibility to inform health care providers of the employee's job duties, obtain from their health care provider adequate information about the effects of prescription and over- the-counter medications on job performance, and report to his/her supervisor the possible effects of any medication may have on. job performance that may create a direct threat by impairing job performance of safety-sensitive functions. 4. Employees are prohibited from possessing, manufacturing, using, distributing or selling alcohol, controlled substances or drug paraphernalia on City premises (including City vehicles) or while on duty. For purposes of this policy, "on duty" time includes meal and break periods during the work day. Alcoholic beverages that are properly stored, unopened in the trunk of an employee's private vehicle on City property will not be considered a violation of this policy. 5. Employees are encouraged to request assistance with drug use and/or alcohol abuse problem(s), with the understanding that a voluntary request for assistance will not be used as the basis for disciplinary action. However, a request for assistance shall not be used to exempt employees from job performance requirements. 6. In accordance with the Drug-Free Workplace Act of 1988, an employee who is convicted of a violation of a criminal drug statute shall notify the City's Human Resources Manager no later than 5 days after such conviction. 7. Employees have the right to challenge any discipline imposed in accordance with the Grievance procedure of this contract. 8. Positive drug tests will automatically trigger a test of a second specimen. The test of the second specimen must be processed at a different - Department of-Health-and-Human-Services certified-laboratory than the 6 45 • • laboratory that tested the primary specimen. The City will pay the cost of the split specimen test. 9. Employees having knowledge of another employee's condition/behavior that poses a potential threat to the safety of employees and/or the public shall immediately advise their immediate supervisor. 10. Employees may have an Association representative or legal counsel present at the collection facility. However, the lack of Association representation or legal counsel shall not cause unreasonable delays in the collection process. 11. Employees shall fully cooperate in the collection process. G. DETECTION Reasonable Suspicion. An employee may be required to undergo a reasonable suspicion drug and/or alcohol test when reasonable suspicion exists to indicate that the employee is under the influence of drugs or alcohol. 2. The decision to conduct a reasonable suspicion drug and/or alcohol test shall be made by a reporting supervisor and the next highest-ranking supervisor on duty. For purposes of this policy, acting officers are considered supervisors. The higher of the two supervisors will make timely notification of the situation to the department head or the department head's management level designee and the Human Resources Manager or his/her designee. Refusal to submit a drug and/or alcohol test authorized by this policy shall be grounds for discipline, up to and including discharge. 3. Searches. (a) The Department has the right to search, without employee consent, City-owned property to which the employee has no reasonable expectation of privacy. These areas may include office space, desks, file cabinets and the like, that several different individuals may use or access. A reasonable expectation of privacy shall exist for personal containers marked and locked inside an Officer's desk drawer. (b) If an employee's consent to search is first obtained, the Department shall have the right to search private property belonging to- the-employee, such as -a personal equipment bag, 7 46 • brief case, or private vehicle. . If such consent is given, the employee shall have the right to Association representation during the search. (c) If the Department requests the employee's consent to search, the Department shall first inform the employee that: (1) The Department has reasonable suspicion to suspect that evidence exists within the area or item to be searched which could be used in disciplinary and/or legal proceedings against the employee;and (2) The employee has the right to Association representation during the search if consent is given; and (3) Refusal to•give consent to search will not be considered by the Department to be an admission of guilt or cause for disciplinary or retaliatory action. (d) An employee's refusal to give consent to search shall not preclude the Department from conducting a search according to and in the manner authorized by law. H. TESTING PROCEDURES Drug and alcohol testing shall be conducted in a manner designed to protect employees' privacy, protect the integrity of the testing process, safeguard the validity of test results, and ensure that those results are attributed to the correct employee. The City and Association agree that if the security of a urine, breath, or blood sample is compromised in any way, any positive test resulting from that sample shall be invalid and may not be used for any purpose except to the extent the employer can prove the employee spoiled the test. 2. Employees who are required to undergo a reasonable suspicion drug and/or alcohol test will be provided transportation to the collection facility and shall also be offered transportation home by the Department representative. 3. Employees may have an Association representative present at the collection facility for a reasonable suspicion drug and/or alcohol test. However, the lack of Association representation shall not unreasonably delay the collection process. 8 47 4. Employees required to undergo a drug and/or alcohol test shall cooperate fully in the collection process and complete all required forms and documents. These fauns may include a Consent/Release form and an Interview Form.. 5. Urine samples for drug testing shall be collected at a collection site in the City of Yakima mutually selected by the City and Association.. The urine sampI.e is produced by the employee alone in a restroom. The medical technologist will examine the restroom before and after to ensure that no other samples were present and that no substances were available for tampering. Each sample shall be subjected to a laboratory testing protocol to detect taixxperin.g. The medical technologist will take the sample, seal it, label it with the employee's identification, and sign a document that begins a formal chain-of-possession procedure. Each person who handles the sample, including the person who performs the tests, will sign the document. When not being handled, samples are stored in a locked refrigerator. The purpose of this procedure is to ensure that samples do not get switched during testing. Any specimen that tests positive for drugs shall be retained in long-term frozen storage by the laboratory conducting the analysis for one year. 6. If medical personnel at the collection site have reason to believe that an adulterated or substituted sample has been provided (or that the employee may alter or substitute the sample), the employee will be required to submit a second sample (or an original sample, in the case of an employee providing a substituted sample), This collection shall be under the direct observation of a same gender collection site staff person. The employee will be required to provide the additional or original sample during an observed collection prior to leaving the collection site. 7. Urinalysis will be performed at a test laboratory certified by the U.S. Department of Health and Human Services (DHHS) and mutually selected by the City and the Association. Drug testing by urinalysis involves an initial screening performed by the enzyme multiplied immunoassay test (EMIT). Any positives test is then confirmed by a second test of the same sample by Gas Chromatography/Mass Spectrometry (GC/MS). Prescription information will not be requested from an employee prior to laboratory testing. The City's designated MRO shall receive and interpret test results. Laboratory urinalysis of urine specimens shall be restricted to those test authorized by this policy to detect drug use. They shall not be used for other purposes such as the analysis of physiological states or diseases. The laboratory shall test for only the substances and within the limits as follows for the initial and - confirmation tests: 9 48 Initial Tests • AIcoho1.02 g/210 ml expired air Marijuana metabolites 50 ng/ml Cocaine metabolites 300 ng/m1 Opiate metabolites (1) 300 no/ml Phencyclidine 25 ng/ml Amphetamines. 1000 ng/ml (1) If immunoassay is specific for free morphine the initial test level is 25 ng/ml. Confirmation Test Alcoho1.02 g/210 ml expired air Marijuana metabolites 15 ng/ml Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/ml Codeine 300 ng/ml 6-acetylmorphine 10 ng/nil Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml • 8. Alcohol shall.be tested by means of a Breathalyzer machine currently in use (B.A.C.) or future equipment which may supersede the B.A.C. machine (but excludes the P.B.T, device). Breathalyzer alcohol tests shall be.conducted in private at the collection site mutually selected by the City and the Association. The testing shall require two breath samples within the proper variance. If the initial test (comprised of the two breath samples) indicates an alcohol concentration of .02 or greater, the employee may choose to allow a second test to confirm the results. The second confirmatory test shall be by means of a blood draw using a .02 blood alcohol concentration level to measure a positive test. If the employee chooses not to take the second confirmatory test, the first test will be used to determine alcohol concentration. 9. Upon written request to the Human Resource Manager by the employee, the City shall make one legible copy of the results of his/her drug and/or • alcohol tests available to the employee. 10 49 10. All information collected in the process of conducting a drug and/or alcohol test shall be treated as confidential information. These files shall be separate from the personnel file, sealed, and maintained in a secure medical file. Except as required by law or authorized by the employee, the City shall not release such records. Test results obtained pursuant to this policy shall not be used as the basis for criminal investigation. 11. EmpIoyees who refuse or fail to fully cooperate in the collection process may be subject to discipline up to and including discharge. Examples of a failure to fully cooperate include such actions as refusing to sign the necessary consent/release forms; delaying and/or obstructing the collection process; failing to provide the specimen for testing; and attempting to substitute or adulterate a specimen. The foregoing list is not intended to be an all-inclusive list. City management shall, in all circumstances, have the final right to determine the appropriate level of discipline depending on the specific circumstances, the employee's performance record,and any other pertinent facts. REPORTING OF RESULTS 1. Alcohol Test Results. a. Negative Test Results. If the test result is below 0.02 g/210 ml expired air, the laboratory or collection site personnel will report to the Chief or his/her designee that the employee tested negative for alcohol. b. Positive Test Results. If the test meets or exceeds 0:02 g/210 ml expired air, the laboratory or collection site personnel shall report to the Human Resources Manager that the employee tested positive for alcohol. The Human Resources Manager will report the results to the appropriate City personnel. 2. Drug Test Results. a. Negative Test Results. Laboratory personnel will advise the Police Chief or his/her designee directly of all negative drug test results. b. Positive Test Results. The City shall have a designated Medical Review Officer (MRO), to review and interpret any positive drug test results. The laboratory will advise only the MRO of any positive drug test results. The MRO must examine alternate medical explanations for any positive test results. This-process - 11 50 • shall include a request for an interview with the affected . employee and review of the employee's medical history and any other relevant biomedical factors. The MRO must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. Employees involved in this step of the examination shall make themselves and any relevant records they wish to present available to the MRO within 48 hours after request. After reviewing the incident file and interviewing the employee, the MRO shall report to the Human Resources Manager the name of the employee and whether a positive test of a prohibited substance has been verified. The Human Resources Manager shall report the results to the appropriate City personnel. The employee shall be placed on administrative leave status pending completion of the investigation and/or disciplinary action, and/or return to duty. 3. Rehabilitation Program. If the tested employee is referred on to rehabilitation or treatment, the MRO is authorized to communicate specific results to the Substance Abuse Professional (SAP) or counselor overseeing the employee's treatment program. 4. Grievance. The laboratory and/or the MRO will be authorized to release specific test results to the City and the Association in cases of a grievance and/or • legal challenge. J. DISCIPLINE AND TERMINATION 1. Employees who violate the drug and alcohol policy will be subject to a range of disciplinary consequences depending upon the severity of the violation, the employee's past performance record, and other relevant facts and circumstances. In all cases, the City reserves the right to determine the appropriate disciplinary and/or rehabilitation response subject to the collective bargaining agreement, Police Civil Service Rules and Regulations, and all other applicable rules and regulations. 2. Employees are subject to disciplinary action, up to and including discharge,for any of the following: a. Refusal to submit to a drug and/or alcohol test. b. Drinking alcoholicbeverages or using prohibited substances while 12 51 on duty (including breaks and meal periods), on City property, or in City vehicles. c. Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any prohibited substance, while on duty (including breaks and meal periods), on City property, or in City vehicles. d. Any criminal drug statute conviction and/or failure to notify the City within 5 days of such conviction. e. Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP. f. Testing positive in a drug and/or alcohol test. g. Failure to report to a collection site as directed. h. Disclosing the identity of an officer selected for unannounced testing or the fact that un unannounced selection is scheduled to take place prior to the collection of urine specimens. i. Any other violation of this policy. K. REHABILITATION AND RETURN TO DUTY 1. As required by the Federal Drug-Free Work Place Act of 1988 (Pub. L. 100-690, Title V, Subtitle D), within 30 days of the City's receiving notice that an employee has been convicted of violating a criminal drug statute in the workplace, the City will take appropriate personnel action up to and including termination or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. 2. The City recognizes that substance abuse can be successfully treated, enabling an employee to return to satisfactory job performance. The City offers employees the use of counseling and rehabilitative services in accordance with the terms of its benefit programs, including the City EAP. Employees are personally responsible for seeking treatment for substance abuse and are responsible for all costs not covered by insurance or otherwise paid for by the City. Employees who are concerned about their own drug use and/or alcohol abuse are encouraged to voluntarily seek assistance through the City's EAP. All such voluntary requests for 13 52 • assistance will remain confidential. 3. Rehabilitation a. Any employee who tests positive for a prohibited substance, and is not terminated from employment, shall be referred to an SAP for a medical evaluation, counseling and/or rehabilitation treatment. If the employee is required to participate in such a program,his/her reinstatement or continued employment shall be contingent upon: 1) Successful completion of the program and remaining drug-and/or alcohol-free for its duration; and 2) Passing a return to duty drug and/or alcohol test as recommended by the SAP; and 3) Obtaining a final release for duty by the SAP (the final release for duty may be preceded by a temporary release for duty). 4) Nothing in this section prohibits the City from disciplining or terminating an employee who tests positive for a prohibited substance. b. Employees who successfully complete a rehabilitation program and are released for duty, in addition to being subject to reasonable suspicion testing at any time pursuant to this policy, will be subject to follow up testing, which involves unannounced drug and/or alcohol testing at least 6 times during the following 12 months. The SAP will determine the dates for these drug and/or alcohol tests. The SAP will communicate these dates to the Human Resources Manager, who will inform the appropriate Police Department supervisory personnel to schedule these dates with the employee. The appointment for the collection will be made in advance and maintained in a confidential manner by the Department until the day of collection, The Department shall provide the supervisor with adequate notice of the test dates. The employee will not be notified until just prior to the testing. The employee may request an Association representative to accompany him/her to the collection site, provided the sample is collected without unreasonable delay. c. Upon notification of selection for the follow up tests,the employee must p dirl the tionsite tin d. Refusing to roceed submit toy ato return collection to id or afor follow-utesg.p test will be considered grounds for discharge. If the selected employee fails 14 53 to report to the collection site without unreasonable delay this will also be considered grounds for disciplinary action up to and including discharge. 4. Employee Self-Referral Rehabilitation a. If an employee voluntarily enters a drug/alcohol rehabilitation program, it shall not be considered an offense under this policy. Such employees are, however, still subject to this policy and may be required to undergo drug and/or alcohol test if reasonable suspicion exists. Employees who voluntarily enter a drug or alcohol rehabilitation program shall be required to use sick leave, vacation,holiday leave bank, compensatory time,or leave without pay. Ali appointments with the SAP may be scheduled as vacation, sick leave, or leave without pay pursuant to City policies. b. The employee will be responsible for all costs, not covered by insurance,which arise from such treatment. 5. Return to Duty The employee will not return to work until the employee has a release for duty from the SAP and has passed a return to duty drug and/or alcohol test as recommended by the SAP. The release for duty may be a temporary or final release as described below, depending on the circumstances. a. Temporary Release for. Duty. The SAP may sign a temporary release for duty indicating that the employee can satisfactorily return to regular work assignment and continue treatment on an outpatient basis. The temporary release for duty shall indicate the length of time such release is valid not to exceed 4 months. The employee must present a final release for duty on or before the expiration date of the temporary release. A temporary release shall include follow up testing. The employee must present both the temporary and final release for duty to his/her supervisor. b. Final Release for Duty. A final release for duty may be signed by • the SAP indicating that the employee has: 1. Satisfactorily completed treatment and follow up testing; or ?. Does not require treatment at this time, and the-err►ployee 15 54 may return to regular work assignment without restrictions. Failure to provide a final release for duty to the supervisor may result in disciplinary action up to and including discharge. 6. Other. Conditions Upon Return to Work a. Once an employee provides the supervisor with a final release for duty, the employee may be returned to his/her regular duty assignment. Any records in the employee's personnel file regarding the incident will be retained and purged in accordance with the collective bargaining agreement. b. If an employee tests positive during the 24 month period following rehabilitation,the employee will be subject to discipline, up to and including discharge. • L. OTHER 1. The City shall pay for drug and alcohol testing including the expenses of the Medical Review Officer. 2. This policy was initiated at the request of the City and the Employer shall assume sole responsibility for the administration of this policy. The City agrees to indemnify and hold the Association and its officers harmless from any and all claims of any nature (except those arising from the negligence of the Association and/or its officers) arising from the Employer's laboratories, or Medical Review Officer's implementation of this policy. 3. The parties recognize that there may be improvements in the technology of testing procedures which provide more accurate testing for on-the-job impairment or which constitute less invasive procedures for the employees. In that event, the parties, upon request of one to the other, • will bargain in good faith whether to amend this procedure to include such improvements. If the parties are unable to agree, the issue will be submitted to impasse procedures under RCW 41.56. • 4. If any provision of this policy shall be held invalid by operation of law or any Tribunal of competent jurisdiction, of if compliance or enforcement of any provision should be restrained by such Tribunal pending final determination as to its validity, the remainder of this policy shall not be held to be invalid, and will remain in full force and effect, and the parties, • upon request of one to the other shall initiate immediate negotiations for 16 55 the purpose of arriving at a mutually satisfactory replacement of such provision. • 5. The following attachments shall be a part of this Policy: Sergeant's Guidelines for Reasonable Suspicion Testing, and City of Yakima Police Department Drug and Alcohol Policy Reasonable Suspicion Test Form. • I7 56 CITY OF YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY SERGEANTS' GUIDELINES FOR REASONABLE SUSPICION TESTING The primary goal of the Drug and Alcohol Policy is to provide a working and service delivery environment free from the effects of alcohol/drug abuse. The Sergeant's role is to identify employees who may be a threat to the safety and welfare of the.employee, other employees,.and the public by being under the influence of drugs and/or alcohol while on-duty. Such employees must be removed from the workplace. 1. Once you become aware that an employee is or may be impaired by drugs or alcohol, contact your appropriate command staff and explain the situation. 2. If your command staff decides that the test is appropriate, relieve the employee of duty with pay during the course of the exam and MRO review. 3. Complete a report describing the basis for the test including observable behavior. You may use the Yakima Police Department Drug and Alcohol Policy Reasonable Suspicion Test Form as a guide to help you complete your report. • • 18 57 • CITY OF YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY REASONABLE SUSPICION TEST FORM • (CONFIDENTIAL) Employee Name: Date/Time of Incident: Supervisor#1 Name: Supervisor#2 Name: The following information should be provided when facts and circumstances provide reasonable suspicion that an employee is under the influence of drugs or alcohol. The supervisor(s) should document all pertinent facts and circumstances. Check each appropriate box and make any additional notes or comments in the spaces provided. A. CONTRIBUTING EVENT/CAUSE FOR SUSPICION o Employee appears to be impaired by alcohol or drugs. o Employee used an unlawful prohibited substance in the work place. o Supervisor observed abnormal or erratic behavior(list below.) • • o Employee refused to submit.to or willfully.interfered with drug or alcohol testing required in accordance with this policy. o Other (Example: flagrant safety violations, accidents, incidents, fighting or argumentative/abusive language.) • B. BEHAVIORS OF CONCERN o Verbal abusiveness/explosive angry behavior o Physical abusiveness/fighting o Impaired memory/perception/judgment o Mood swings or unpredictable behavior o Avoiding others/withdrawal o Other behaviors of concern (Example: hyperactivity, hallucinations, disorientation, etc.) C. OBSERVED SIGNS AND SYMPTOMS Erratic or drunken behavior Secretive behaviors Mood swings Physical abusiveness/fighting Verbal abusiveness Dilated pupils/constricted pupils Odor of alcohol/marijuana Weak rapid pulse Disoriented or Impaired Memory/perception/judgment Shallow breathing Explosive/angry behaviors Shaking or tremors Clammy skin Slowed responses/lethargic Nausea/vomiting 19 • 58 Drowsiness/fatigue Dizziness Red/bloodshot or watery eyes Psychosis Runny nose, sores around nostrils Illusions/hallucinations Increased pulse or blood pressure Anxiety/anxiousness Loss of appetite/insatiable appetite Dry mouth Drug paraphernalia Euphoria Insomnia/sleeping disorders Nervousness Needle"tracks" Slurred speech Lack of concentration Increased body temperatures Poor muscle control/coordination Convulsions Increased alertness/hypersensitive Flashbacks Social detachment or isolation Unpredictable behavior Psychological dependency Preoccupation Illogical speech and thought process Overreaction to criticism Irritability Anxiousness Sudden increase in absenteeism D. WRITTEN SUMMARY Please summarize the facts and circumstances, Include any observations, comments, questions or employee responses made through direct observations, details of incidents, or third party reports. Be specific. Please note the date, times and locations of all pertinent information. Attach additional sheets if necessary. • • Signature of Supervisor#1 Date and Time Signature of Supervisor#2 Date and Time 20 59 APPENDIX C RESOLUTION NO. D 5 8 2 0 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 46 .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 member, of City boards and commissions , be indemnified from personal liability in their conduct of City affairs; and WHEREAS, Resolution Nos. D-5253 and D-5456 have not provided indemnification coverage for police volunteers who perform valuable service for the City of Yakima, now, there- fore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1 . Resolution Nos. D-5232 and D-5456, enacted respectively March 25, 1986 and May 17, 1988, by the City Council of the City of Yakima and each and every section thereof , are hereby repealed. - 1 - ( res/repeal .sc) 60 • Section 2. simultaneous with the repc_. of Resolution Nos. 0-5232 and D-5456 as effected by Section 1 of this reso- lution, the following is hereby enacteds section I . The City shall defend and indemnity • all person who hold positions in the below-listed catego- ries against all actions, claims or other proceedings threatened or instituted against them and which arise from the performance, purported performance, or failure of performance of their duties for or employment with the City; and the City shall hold them harmless from all expenses and liability connected with the defense or settlement of such claims and from liability for any monetary fine or judgment entered in an such action or proceeding. Covered categories: City of Yakima elected or appointed officers, City of Yakima employees, Members of City of Yakima boards and • commissions, City of Yakima Police Reserve Officers, commissioned and non-commissioned, Police Explorers. On-Guard Crime Prevention volunteers. Section B. The defense, indemnification, and hold harmless provisions of this resolution shall be afforded only to persons who are in the categories listed in Section 2 hereof, at the time of occurrence of the incident on which the action, claim or proceeding is based. Further, the defense, indemnification or hold harmless provisions of this resolution shall be afforded only to those persons who exercised good faith in their performance, purported performance, or failure of per- formance of their duties for or employment with the City on which the action, claim or proceeding is based, and who were not acting clearly outside the scope of their authority as City officers, employees, police volunteers, or members of City boards or commissions; and no civil or criminal fine shall be paid for any person who knew, or should have known with the exercise of reasonable care, that the conduct or failure to act, on which the fine is based, was unlawful. The determination of whether an employee or police volunteer was acting in good faith within the scope of employment or duties, and without knowledge or discoverable knowledge of the unlawfulness of the person's conduct, shall be made by the City Mana- ger; and that determination as to elected City officers and all members of City boards and commissions shall be made by the City Council. • - 2 - (res/repeal.sc) 61 Section c. The monetary amount of indemnifica- tion shall be the reasonable and necessary expenses actually incurred and connected with the defense, settle- ment, and monetary fine or judgment. including costs, disbursements. and attorney's fees, arising from the action. claim, or other proceeding. and shall include the amount of both civil and criminal fines actually imposed unless it is found by the City Manager or City Council . as the case may be (as provided by Section d of this resolution) , that the person liable therefore knew, or should have known with the exercise of reasonable care, that the conduct or failure to act on which the fine is based, was unlawful. • Section D. In order to be eligible for the defense, indemnification, or hold harmless provisions of this resolution, the person seeking that protection must notify the City Manager immediately on learning that a claim is threatened or made, or that an action or other proceeding is filed or commenced, and provide the City Manager with a copy of all claims, pleadings, reports or other documents in that person's possession related to the claim, action or proceeding; and further must agree that the defense shall be conducted by investigators and legal counsel designated by the City, unless the City Council approves the hiring of other investigators or defense counsel for any particular claim, action or proceeding. Section E. The agreed settlement of any claim, action or other proceeding against a City officer, em- ployee, police volunteer, or board or commission member falling within the provisions of this resolution shall be subject to the approval of the City Council . Section F. The defense. indemnification, or other hold harmless provisions of this resolution shall not be afforded to any City officer, employee, police volunteer, or board or commission member in any claim or cross-claim, action, or proceeding of any nature threat- ened, filed, or instituted by the City against that officer, employee, police volunteer, or board or commis- sion member. Section G. The defense, indemnification, and hold harmless provisions of this resolution shall apply to any deductible or self-insurance retention provided for or required by any insurance coverage held by the city at the time of the adoption of this resolution or acquired thereafter, regardless of the amount of the deductible provision or self-insurance retention require- ment; and, further, the inability or failure of the City to apply for or acquire any insurance shall not limit the protection afforded by thin resolution to City employees, • 3 - (res/repeal .scl 62 officer, poaice volunteers, and be _1 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.* 1I ADOPTED BY THE CITY COUNCIL this MI) day of t , 1990. 3f \4s . ,laa Mayor ATTEST; X i kt XJ / 6-4,-i :Li I epic— City Clerk • l 4 lres/repeal.scl APPENDIX D YAKIMA POLICE DEPARTMENT Use of Deadly Force Situations SUMMARY STATEMENT TO SUPERVISOR Incident Number: Date: Directions to on-scene supervisor: This is a compelled statement. The supervisor (sergeant or higher rank) is compelling this statement and will not deviate from its contents. The supervisor will write down on this card the answers provided verbatim, and disseminate public safety information immediately via radio as appropriate, and provide this completed card to the first arriving Major Crimes Unit supervisor. The police supervisor receiving this information is required to submit a written statement to the Major Crimes Unit. The statement is to include that the Summary Statement was formally given to the involved officer, the content of the answers given by the involved officer, and that the supervisor did not deviate from the specified questions. "(Rank of involved officer) (Name of involved officer) , I am directing you to give me a summary statement in a use of deadly force incident. Due to the immediate need to take action, you are ordered to answer the following questions listed below. If you refuse to answer these questions relating to the performance of your official duties, you will be subject to Department charges, which could result in your dismissal from the Department." Requesting Supervisor: Name_ Rank_ Per.# Time_ "At this time and to the best of your knowledge, please answer the following": 1. From where and in what direction did you fire rounds? _ 2. In what direction did the suspect(s) fire rounds? 3. If you know of anyone injured, what is her/his location? _ 4. If any suspects are outstanding, what are their descriptions? Supervisors: If there are no outstanding suspects, proceed directly to question #5, otherwise ask question #4 (a-d). 4a. What was their direction of travel? 4b. How long have they been gone? 4c. With what weapons were they armed?_ 4d. Are there any other safety risks known about the outstanding suspect(s)?_ 5. Does any evidence need protection?_ 6. Any known witnesses? 7. Where are they located? "(Rank of involved officer) (Name of involved officer) , in order to prevent the contamination of your statement, I order you not to discuss this incident with anyone, including your supervisors or staff officers, prior to the arrival of the assigned investigators, with the exception of your legal representation." Revised 1/1/2012 Page 2 of 2 65 APPENDIX E } Title 2 PERSONNEL' Chapters: 2.04 Group Insurance 2.16 Bonds for Officers 2.20 Salaries 2.22 Fire Department—Working Conditions 2.24 Longevity Plan 236 Retirement Plan Participation 2.40 Leaves of Absence 2.44 Lobbying by City Personnel 2.45 Personnel Examination Fee • • ( I. For provisions regarding the office of personnel, see§ 1.18.015 of this code. For civil service provisions,see Charter Article XVI. 57 (Yakima 1-94) 66 2.04.010 Chapter 2.04 B. Health Care Plan.The city shall contribute toward the payment of the monthly cost of coverage of the health � ;♦ GROUP INSURANCE care plan in the following manner for each group of employees or positions,respectively: Sections: 1, Represented Employee Contributions. For all 2.04.010 Health care plan. employees covered by a collective bargaining agreement, 2.04.020 Definitions, the city shall pay its portion of the total monthly cost of 2.04.030 City contributions. coverage under the health care plan as provided in the 2.04.040 Hospital and medical insurance— applicable collective bargaining agreement, and the Retired employee and dependent employee shall pay his or her portion of the total monthly coverage. cost of coverage under the health care plan as provided in 2.04.050 Dental insurance plan—Retired the applicable collective bargaining agreement. employee coverage. 2. Management Employee Contributions. 2.04.100 Welfare benefit program. a. "Management employee" means any nontempo- rary employee in the management series, executive sup- 2,04.010 Health care plan. port series and executive series as defined by YMC The city is self-insured for its medical and dental insur- 2.20.100; in the public safety management series as ance plans (hereafter referred to in this section and YMC defined by YMC 2.20.110; and any other nontemporary 2.04.020 and 2.04.030 as the "health care plan"). The employee in YMC 2.20.100(D) who is not a member of health care plan includes medical, dental and vision coy- any collective bargaining unit recognized by the city. erage for city employees as defined in the health care plan b. Member of the city council means any person and for members of the city council. The medical and den- holding the office of city of Yakima council member,who tal insurance plans are administered for the city by third elects to pay the entire cost of coverage of the city of party administrators. The city manager of the city of Yakima health care plan. Yakima is authorized to enter into a contract or contracts c. From January 1, 2009, on, except for the chief, with third party administrators to administer the medical deputy chiefs, and battalion chiefs in the fire department and dental insurance plans, The health care plan shall be and the chief,deputy chief,captains and lieutenants in the on file in the human resources division of the city. (Ord. police department, or unless otherwise provided in the 2012-14 (part),2012: Ord.2008-57 § 1,2008: Ord. 1757 applicable collective bargaining agreement, the following § 1 1975; Ord. 1750§ 1, 1975 Ord. 1744§ 1, 1975 Ord. provisions apply: All management employees shall pay 758, 1965: Ord, 149§ 1, 1960). the first fifty dollars of the total monthly cost of coverage under the health care plan for the employee through a 2.04.020 Definitions. monthly payroll deduction.If an employee only is covered "Cost of coverage"means the average monthly cost of in the health care plan and the employee has no spouse or coverage for the health care plan as determined from time dependents in the health care plan, then the city shall pay to time by the city's health care administrator, the city's the balance of the employee-only unit cost in excess of the employee benefits broker, and/or the city manager. The first fifty dollars that the employee pays. For a manage- final decision on the cost of coverage shall be made by the ment employee with a spouse and/or dependents in the city manager. Such determination shall be final and bind- health care plan,any cost of coverage for the management ing. (Ord, 2012-14(part),2012: Ord.2008-57 §2,2008), employee with a spouse and/or dependents in the plan in excess of the first fifty dollars that the employee pays shall 2.04.030 City contributions. be paid by the management employee through a monthly A. Life Insurance Plan. payroll deduction based on the following percentages on 1. Effective October 24, 1991, the city shall provide the remaining balance above the first fifty dollars: the a fully paid life insurance policy in an amount equal to the employee shall pay at the rate of twenty-five percent of the annual salary for all management employees as defined in balance of the remaining total monthly cost of coverage, subsection B of this section, as well as for the chief, dep- and the city shall contribute the remaining seventy-five uty chiefs and battalion chiefs of the Yakima fire depart- percent of the balance of the total monthly cost of cover- ment and the chief, deputy chief, captains and lieutenants age. of the Yakima police department. d. For the chief, deputy chief, captain and lieuten- 2. For all employees covered by a collective bar- ants of the Yakima police department and the chief, dep- gaining agreement, the city shall provide a life insurance uty chiefs and battalion chiefs of the Yakima fire policy in the amount required in the applicable collective department, unless otherwise provided in an applicable bargaining agreement. collective bargaining agreement, the city shall pay the total monthly cost of coverage under the health care plan 59 (Yakima 8-12) 67 2.04.040 for the employee. If the chief, deputy chief, captain and 1744 §§2, 3, 1975; Ord. 1614 § 1, 1974: Ord, 1474 § 1, lieutenants of the Yakima police department and the chief, 1972: Ord. 1081 § 1, 1968: Ord. 758, 1965: Ord. 319 § 1, deputy chiefs and battalion chiefs of the Yakima fire 1962: Ord. 149 §3, 1960). department have a spouse and/or dependents in the health care plan,then the employee shall pay through a monthly 2.04.040 Hospital and medical insurance— payroll deduction at the rate of fifty percent of the monthly Retired employee and dependent dependent unit cost of coverage for the employee's spouse coverage. and/or dependents, and the city shall contribute the A. Retired Employees. The following described remaining fifty percent of the total monthly dependent retired city employees shall be eligible to remain enrolled unit cost of coverage for the employee's spouse and/or in the group hospital and medical insurance plan and to dependents, unless otherwise provided in an applicable obtain coverage for their eligible dependents until the collective bargaining agreement. retired employee reaches sixty-five years of age by paying C. Authority to Exempt Certain Positions from a premium (including the premium for dependents, if Health Care Plan. Pursuant to YMC Chapter 2.04,the city enrolled) equal to the actual group rate for coverage of manager and the heads of the city departments are entitled active city employees and enrolled dependents: to be covered by the city's employee health care plan.This 1. City employees who retire on or after January I, subsection C is limited to and for the purpose of recruit- 1982,and who at the time of their retirement work in posi- ment only for the specific positions of city manager,chief tions within the bargaining unit of the American Federa- of police, fire chief, city attorney, director of public tion of State, County and Municipal Employees, Local works, director of community and economic develop- 1122; and ment,and director of finance,when the person to whom an 2. City employees who retire on or after January 1, offer of employment is made has an existing health care 1983, and who at the time of their retirement work in any plan from his or her former employment that he or she of the following positions: desires to maintain upon employment with the city. In that a. All fire department positions, event,then the city council for the city manager position, b. All commissioned police department officers, and the city manager for the department head positions, c. All employees in exempt classifications specified have the authority to agree in writing to compensate that by YMC 2.20.100, and person for the cost to him or her to maintain his or her d. All other positions defined by the policy as being present health care plan, up to but not to exceed the eligible for coverage. amount the city's health care plan would otherwise have B. Spouses of Retired Employees.Spouses of retired contributed to his or her health care costs for similar coy- commissioned police department officers, retired fire erage under the city's health care plan. This health care chiefs and deputy fire chiefs and retired employees who, cost payment shall be included with the employee's at the time of retirement, were in exempt classifications monthly compensation amount as a separate item and specified by YMC 2.20.100, which spouses are otherwise shall be treated as a taxable benefit subject to normal with- eligible for coverage under provisions of the insurance holding taxes. The city's contribution for the health care policy, shall be eligible to remain enrolled in the group allowance shall not be included in any calculations as base hospital and medical insurance plan until those spouses pay. If, and at such time as, the city employee's prior reach the age of sixty-five years(or in the case of spouses health care plan becomes fully paid and no longer requires of deceased retirees,until the spouse remarries)by paying financial contributions from him or her to maintain his or a premium equal to the actual group rate for enrolled her health care coverage, the city's obligation to contrib- dependents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 1, ute toward that health care coverage shall cease. In no 1985: Ord. 2749§ 1, 1984: Ord. 2686 §2, 1983). event shall the city's contribution for the health care allowance be more than the city would have contributed if 2.04.050 Dental insurance plan—Retired the employee had similar coverage under the city health employee coverage. care plan. In addition, in the event that the employee's A. Retired Employees. The following described prior health care coverage ends and the employee desires retired city employees who retire on or after January 1, to enroll in the city health care plan,that employee may do 1983,shall be eligible to remain enrolled in the group den- so provided the employee complies with the enrollment tal insurance plan and to obtain coverage for their eligible requirements for the city health care plan. (Ord. 2012-14 dependents until the retired employee reaches sixty-five (part), 2012: Ord. 2008-57 §3, 2008: Ord. 97-28 § 1, years of age by paying a premium(including the premium 1997; Ord. 96-66 § 1, 1996; Ord. 93-84 § 1, 1993: Ord. for dependents, if enrolled)equal to the actual group rate 3403 § 1, 1991;Ord.3325 § 1, 1990;Ord.3252§ 1, 1990; for coverage of active city employees and enrolled depen- Ord. 2688 § I, 1983; Ord.2266 § 1, 1979; Ord. 2265 § 1, dents: 1979; Ord, 2153 § 1, 1978; Ord. 1750 §§2, 3, 1975; Ord, (Yakima 8-12) 60 68 2.04.100 I. Chief and deputy chief of Yakima fire depart- 0 ment; 2. Chief, captains and lieutenants of the Yakima police department;and 3. All employees in exempt classifications specified by YMC 2.20.100, B. Spouses of employees retired from positions specified in subsection A of this section, which spouses are otherwise eligible for coverage under provisions of the insurance policy,shall be eligible to remain enrolled in the group dental insurance plan until those spouses reach the age of sixty-five years (or in the case of spouses of deceased retirees, until the spouse remarries)by paying a premium equal to the actual group rate for enrolled depen- dents. (Ord.2012-14(part),2012: Ord.2835 §2, 1986). 2.04.100 Welfare benefit program. A, The city of Yakima employees' welfare benefit program,attached as Appendix 1 to the ordinance codified in this section and incorporated herein by reference, is adopted and approved. B. The city manager,or his designee,shall be autho- rized and directed to perform all management,administra- tion and other responsibilities of the city under the city of Yakima's employees' welfare benefit program, except as expressly provided by such program or as required by law. C. The participation agreements between the city and the Washington State Council of County and Munici- pal Employees, Washington State Council of County and 0 City Employees, AFSCME, Local 1122, AFL-CIO ("AFSCME"); Yakima Police Patrolmans Association ("YPPA") and Local 469, International Association of Firefighters,AFL-CIO, attached to the ordinance codified in this section as Appendices 2,3,4 and 5 respectively and incorporated herein by reference, are approved, and the city manager is authorized and directed to execute said participation agreement. D. The Yakima air terminal may join the city's employee welfare benefit program and its management employees and duly represented employees may partici- pate in plans thereunder by action of the airport terminal board. E. In the event that there is a conflict between any provision of this section or any provision of the employee welfare benefit program and any other section of this chapter,this section and the employee welfare benefit pro- gram shall take precedence. (Ord. 2012-14 (part), 2012: Ord. 94-9 §3, 1994). / 61 (Yakima 8-12) 69 2.16.010 Chapter 2.16 BONDS FOR OFFICERS Sections: 2.16.010 Bonds required—Amount. 2.16.020 Approval of bonds. 2.16.030 Payment of premium. 2.16.010 Bonds required—Amount. The following named officers, assistants and employ- ees of the city of Yakima, and the treasurer of Yakima County as ex officio collector of city taxes, before assum- ing the duties of their respective office,shall be bonded by a professional surety company authorized to do business in the state of Washington, which bonds shall be condi- tioned for the faithful discharge of the duties of such offic- ers and employees as provided by law, in the following amounts: Blanket Bond Annual Bond City Manager $25,000.00 Director of Finance 25,000.00 City treasurer $100,000.00 Yakima's County 25,000.00 treasurer All other employees 5,000.00 Provided,however,that the bonds of two or more offic- ers or employees, except for the annual bond of the city treasurer and county treasurer,may be consolidated in one instrument as a blanket bond. (Ord. 2212 § 1, 1978: Ord. 918 § 1, 1967: Ord.2, 1959: Ord. B-I96 § 1, 1937). 2.16.020 Approval of bonds. Bonds required by YMC 2.16.010 shall be subject to approval by the city attorney as to form and execution,and upon such approval shall be retained on file in the office of the city clerk. (Ord. 2212 §2, 1978: Ord. B-196 §2, 1937). 2.16.030 Payment of premium. After the approval of said bonds, the city shall pay a reasonable premium to the surety company furnishing such bond. (Ord. B-196 §3, 1937). (Yakima 8-12) 62 70 2.20.010 Chapter 2.20 2. A schedule of salary ranges consisting of mini- mum and maximum rates of pay for each management SALARIES position and minimum and maximum rates of pay, together with intermediate steps, for all other classes of Sections: positions included in the city classification plan as set 2.20.01.0. Persons subject to,plan., forth in this chapter, and subsequent amendments and 2.20020 Content of plan. additions thereto; 2.20.030 Procedure for determination of 3. The annual budgets prescribed by the laws of the salaryranges. state of Washington. (Ord. 1745 § 1, 1975: Ord. 194 §2, 2.20.040 Policy for pay steps. " , 1960) 2.20.050 Policylfor,,present;employees. 2.20.030 Procedure for determination`of salary 2.20:060 Transfer,:promotion, reclassification,demotion, ranges. reinstatement or termination of Salary ranges shall be linked directly to the plan of employees position classification and shall be determined with due 2.20.070 Reduction of salary. regard toranges'ofpay for other classes;relative`difficulty 2.20.080 Effect of budget. and responsibility of positions in the class, availability.of 2.20.085 Reimbursement for expenditures. employees in particular occupational categories,'prevail- 2.20.086 Reimbursable expenditures— ing rates.of pay for similar employment in private estab- lishments in the Yakima area, rates' of'pay in other 2.20.088 Uniform allowance—Special jurisdictions, cost of living factors, the;fmancial policies assignment pay. of the city and other economic considerations. The mini- 2.20.089 Bilingual pay for management mum and maximum and intermediate steps of each salary employees. range shall be those rates in the basic salary schedule 2.20.094 Salary of mayor,assistant mayor which most nearly reflect these factors. and council members—Fringe Prior to the preparation of each annual budget, as well benefits. as at other appropriate times,the city manager shall make 2.20.097 Vehicle allowance for city or direct to be made such comparative studies as he may manager. deem necessary,of the factors affecting the;level of salary 0 2.20.100 Classification and compensation ranges. On the basis of information derived from such plan. studies,the city manager shall recommend to the council 2.20:115 Management pay and for approval such changes in the salary ranges as are'per- compensation definitions. tinent to the fairness and adequacy of the overall salary 2.20.116 Management pay and structure.Such changes shall be accomplished'byincreas- compensation adjustments. ing or decreasing the salary ranges the appropriate number 2.20.117 Management salary schedule of ranges as provided in the basic salary schedule.The rate separation. of pay for each employee shall be adjusted to the corre- 2.20.118 Management employee disability sponding step in the new range in conformance with the insurance. adjustment of the salary range for the class. (Ord. 194§3, 2.20.120 Shift differential. 1960). 2.20.130 Management group tax deferred compensation plan. 2.20.040 Policy for pay steps. 2.20.150 Management personnel Section The following shall be the general policy with respect 125 plan. to the use of the pay steps within salary ranges: 1. The minimum rate of pay for a class shall be paid 2.20.010 Persons subject to plan. to any person on his original appointment,except appoint- All employees of the city of Yakima shall be subject to ments at a salary rate above the minimum may be autho- the classification and compensation plan established in rized by the appointing authority when necessary to fill this chapter. (Ord.302, 1961:Ord. 194 § 1, 1964). positions in"shortage" occupations or when necessary to recruit applicants with exceptional qualifications. 2.20.020 Content of plan. 2. The basic salary range shall consist of five steps The classification and compensation plan shall include: to be known as Steps 1, 2, 3, 4, and 5. An employee, 1. The basic salary schedule as set forth in this chap- except seasonal employees,shall normally be advanced to ter, and subsequent amendments and additions thereto; the next higher step six months after the date of hiring or promotion and to the succeeding steps at one-year inter- (Yakima 1-14) 1 2.20.050 71 vals, providing that employee's work has been satisfac- 2.20.060 Transfer,promotion, reclassification, tory and the employee is making normal progress on the demotion, reinstatement or termination job. Employees in permanent seasonal positions shall be of employees. advanced to Steps 2,3,4,and 5 upon the completion of six A. When an employee is transferred, promoted, months', eighteen months',thirty months',and forty-two reclassified, demoted or reinstated,the employee's rate of months' of service,respectively;provided,such advance- pay for the new position shall be determined as follows: ments shall be made only for employees with a satisfac- 1. Transfer. An employee transferred to another tory or better performance rating for the preceding season. position in the same class will continue to receive the All within-range increases are subject to the availabil- same rate of pay until the employee is promoted or ity of funds.For purposes of computing the length of time demoted. for eligibility for within-range increases,the period of all 2. Promotion/Reclassification. An employee pro- leaves of absence without pay shall not be included. moted or reclassified to a position in a class having a In order to simplify the preparation of payrolls,eligibil- higher pay range shall receive a salary increase as follows: ity for within-range salary increases shall be computed in a. If the employee's rate of pay in the lower class is the mariner heretofore set forth; provided, however, that below the minimum salary of the higher class, the upon an eligibility date falling on or before the fifteenth employee's rate of pay shall be increased to the minimum day of the month,such increase shall become effective as rate of the higher class. of the first day of the month; and provided further, that b. If the employee's rate of pay in the lower class upon an eligibility date falling on or after the sixteenth day falls within the range of pay for the higher class, the of the month, such increase shall become effective as of employee shall be advanced to the pay step in the higher the first day of the following month. range which is next higher in amount above the Salary increases or decreases resulting from the adjust- employee's pay before promotion. ment of salary ranges in accordance with Section 2.20.030 c. In the case of promotion, within-range increases shall not prevent within-range increase in accordance with shall be granted in accordance with YMC 2.20.040(2). this section. (Ord. 2051 § 1, 1977: Ord. 1389 § 1, 1972: d. In the case of reclassification,the employee shall Ord. 1082§ 1, 1968:Ord.748, 1965:Ord.478, 1963:Ord. be eligible for a within-range increase on the employee's 194 §4, 1960). normal anniversary date.For employees who have been at the maximum of the salary range for more than one year, 2.20.050 Policy for present employees. the date of reclassification shall become the employee's As of the effective date of the adoption of the compen- anniversary date for future within-range increases. sation plan and any subsequent amendments thereof: 3. Demotion.An employee demoted from a position A. All employees,whose pay is in excess of the max- in one class to another class having a lower pay range shall imum rate prescribed for their class shall not be reduced in receive a salary decrease. pay,but they shall not receive any pay increases as long as (a) If the rate of pay of the employee in the higher they occupy positions for which the salary range maxi- class is above the maximum salary for the lower class,the mum is the same as or less than the pay rate currently employee's rate of pay will be decreased to the maximum received. rate of the lower class. B. Employees will be advanced in pay as a result of (b) If the rate of pay of the employee in the higher an adjustment to the salary range for their class as pro- class is within the pay range of the lower class, the vided for in YMC 2.20.030, provided that no such employee's rate of pay shall be reduced to the next lower. advancement in pay shall be effective for a probationary B. Severance. When an employee is terminated by employee in the management group defined in YMC the city manager, the city council grants authority to the 2.04.030(D), until the end of the probation. In addition, city manager, at his or her option,to authorize a payment employees will -be eligible for within-range increases to the terminated city employee of lump sum severance according to service in the class as provided for in YMC pay equal to up to four months of the employee's base sal- 2.20.040(2), provided that no such advancement in pay ary as full and complete payment and satisfaction of any shall be effective for a probationary employee in the man- claims of the employee arising out of his or her employ- agement group defined in YMC 2.04.030(D),until the end ment. The city manager is granted the authority to deter- of the probation. mine the specific amount of the severance payment; The provisions of this section shall not prevent demo- provided,however, it shall not exceed four months of the tion or reduction for disciplinary reason or the application employee's base salary without the specific consent of the of service-wide pay decreases when such action is city council.Any lump sum severance payment is subject required by the financial conditions of the city or by to normal payroll withholding taxes.As consideration for changing economic conditions.(Ord.3428 § 1, 1991:Ord. such severance payment, the employee shall, prior to 194 § 5, 1960). receipt of the payment, execute and deliver to the city a (Yakima 1-14) 64 72 2.20.070 general release of the city of Yakima and its elected and shall be lawfully authorized by the city council. (Ord. 194 appointed officers,employees and agents for all acts and § 8, 1960). actions.(wlether accrued or subsequently accruing) from �-- the beginning of employment until the date of release,said 2.20.085 Reimbursement for expenditures. release to be prepared by-the city attorney or his or her In addition to-the prescribed rates of pay and,other designee. Although the city manager has the option`to allowances provided for in this chapter, officers and authorize a severance payment under the terms of this sec- employees of the city shall be'entitled-to reimbursement tion,the city manager is not required to authorize a sever- for, or the'benefit from, the following classes of official ance payment to an employee who has been terminated. expenditures: (Ord.'2013-029"§'1,2013:Ord,'1831'§1, 1975:Ord. 1614' 1. ,, Officers and employees shall be entitled to reim- §2, 1974:,Ord. 194 § 6, 1`960), burseinent'for expenses which may lawfdlly'be incurred " when they are'required, with specific written'approval of 2.20.070 Reduction of salary., the city manager,to make necessary out-of-pocket expen- An appointing authorityfor just.causes inay reduce the ditures within or without the city of a nature�beyond'those salary of an employee within the pay range prescribed for normally associated with the performance Of the routine the class,Notice of intention to effect such a reduction'in official duties of such individuals, for'purposes which pay and the reasons for such action'shall"be given to,the principally promote, develop or-:publicize-the city's best employee and.the civil service:chief-examiner ten days interests. - prior to the effective date for the reduction.The employee 2. 'In the event the city manager of the city of affected shall have the right to appeal in the manner out- Yakima determines that-in order to'secure services of lined in the civil service rules and regulations.(Ord. 194 an g § y person not residing'within'the'Yakima area as an 7, 1960). employee of the city of.Yakima;'it is necessary to pay the cost of moving the household goods and personal effects 2.20.080 Effect of budget of such person from his'place of residence-to the city of This chapter shall be in force and effect February 1, Yakima upon his appointment to city service, then pay- 1961, and from and after said effective date employees in ment of reasonable and necessary moving costs may be each class of position in the civil service shall be compen- made from'appropriate available maintenance and opera- sated according to the basic salary schedule and salary tion funds in the city's annual budget 'upon`the approval ranges set forth in this chapter, and subsequent amend- of the city manager. - ments and additions thereto, and,in accordance with the 3. The council finds that in selecting personnel to fill annual budgets adopted,by the council pursuant to the positions in the city of Yakima requiring special experi- laws of the state of Washington. In,cases.of promotion, ence and training to qualify for such positions,it becomes transfer and the return of an employee after leave of necessary, in order to ensure selection of the most quali- absence, and in cases of classification or reclassification fled applicant, that applicants for such positions be per- of positions which,under YMC 2.20.060 and other provi- sonally interviewed, and that in certain cases the expense sions of this chapter, require the payment of,a different to the city of sending members of boards, commissions wage or salary than that specifically set forth in the annual and other officers of the city to various'localities for the budget,the compensation to be paid in such cases shall be purpose of conducting such interviews exceeds the cost to figured and paid in accordance with YMC 2.20.060 and the city government of providing that the interviews be other pertinent sections of this chapter without ordinance had in the city of Yakima at the city's expense and that the or council action, if the payment thereof can lawfully be payment by the city of the necessary travel and subsis- made from funds appropriated under the current annual tence expenses for a limited number of applicants to be budget, under the item of salaries and wages, without brought to the city will result in a saving of expense to the exceeding appropriation. city in the outlay of travel'and subsistence expenses'or in In cases where the annual'budget makes provisions for the time which would be lost by reason of regular officers the payment of compensation for any position classifica- or employees of the city conducting the interviews else- tion differing from the compensation set forth in said sal- where.The council further finds that in such cases the pay- ary ranges in order to comply with the provision of ment by the city of the travel and subsistence expense of subsection A of YMC 2.20.050,the employee affected by applicants requested to come to the city of Yakima for the provision of said section shall be paid the compensa- interview is a proper municipal expense and for a proper tion for such position as set forth in the annual budget,and municipal purpose. in all cases where no provision is made in said salary 4. In order to make a proper determination of the ranges the compensation to be paid any employee shall be facts in cases where authority is requested to bring in that set forth in the annual budget or such compensation as applicants for any position in the city of Yakima at the city's expense, the city manager is authorized to deter- ° 65 (Yakima 1-14) 2.20.086 73 mine the facts, and, upon approval by the city manager, 1. Transportation. The actual fare shall be paid for based upon a determination that the payment by the city of transportation by common carrier. Reimbursement at the the expenses of bringing a limited number of applicants to per mile rate authorized by the Internal Revenue Code of the city of Yakima for interview is necessary to make pos- 1989,as amended from time to time,shall be made for the sible the selection of the best available applicant for a use of private auto;provided,the reimbursement for travel position involving special skill and experience to properly by private auto to a point outside the state of Washington discharge the duties thereof, and that the payment of the shall not exceed the total expense for such travel by corn- expense of bringing said applicants to the city is less than mercial air coach including related and incidental trans- the expense and loss to the city in sending its officers, portation expenses such as limousine or taxi fare, car commissions or boards to conduct said interview else- rental,parking fees and similar costs. where, and that funds for the payment of such expenses 2. Lodging and Meals. The actual expense for lodg- are lawfully available, payment therefor shall be consid- ing and meals shall be paid;provided,that the total reim- ered as approval by the city council and shall be paid from bursable expense for both lodging and meals shall not the fund to which said expenses are properly chargeable. exceed one hundred seventy-five dollars per day, includ- 5. Training and Education. ing tips and gratuities; provided further, that when Ion- a. Policy. The city council encourages the training ventions,conferences,seminars or similar functions make and education of city officers and employees to the end expenditures in excess of one hundred seventy-five dol- that they may more effectively render services to the pub- lars per day necessary for lodging and meals, in the opin- lic in performing assigned duties or in preparing to assume ion of the city manager such excess expenditures may be higher responsibilities within the city service. allowed and reimbursed when approved by the city man- b. Reimbursement. Officers and employees shall be ager. entitled to reimbursement for ordinary and reasonable 3. Necessary Minor Expenses. The actual amounts expenses incurred in pursuing such training and education of necessary, or usual and customary, minor expenses, on compliance with the following conditions: including tips and gratuities,shall be reimbursed. (1) In the opinion of the city manager,the seminar or B. All reimbursed expenses must be necessary, rea- course of study must be related to the performance of sonable, within budget limits set for travel and training, duties of the officer or employee in rendering service to and incurred in the conduct of the business of the city. the public, or must assist the officer or employee in pre- When two or more representatives of the city attend the paring to assume higher responsibilities within the city same meeting, transportation shall be planned to avoid service by promotion or otherwise; needless duplication_ of automobiles. Employees shall (2) Specific. written approval for the seminar or obtain approval prior to taking any trip-from their depart- course of study must be obtained in advance from the city ment head-and from the city. manager. (Ord. 98-8 § 1, manager or his designate;and 1998;Ord.95-9§ 1, 1995;Ord.3326§ 1, 1990;Ord.3237 (3) Funds for reimbursement to the officer or § 1, 1990;Ord.2743 § 1, 1984:Ord.2414§ 1, 1980: Ord. employee must be lawfully available within the city's 2088§2, 1977:Ord.2022§ 1, 1976:Ord. 1614§3, 1974: budget or by appropriation therein. Ord.858, 1966:Ord.748, 1965:Ord.213, 1960:Ord. 194 6. Professional Fees, Licenses, and Membership § 9B, 1960). Dues. a. Management employees as defined in subsection 2.20.088 Uniform allowance—Special assignment 2.04.030(D) of this code shall be entitled to direct pay- pay. ment by the city of Yakima or reimbursement to the A. Police detectives and patrolmen assigned to the employee,for professional fees, licenses and membership detective division of the police department, when not dues applicable to any such employee, in an amount issued or required to wear a uniform in the performance of approved by the city manager. their assigned duties, shall be paid a monthly clothing b. Funds for this purpose must be lawfully available allowance of eighteen dollars in lieu of an issued uniform. within the city's budget or by appropriation therein.(Ord. B. (1) Except for employees in the fire department 3403 §4, 1991:Ord.2302§ 1, 1979:Ord.2088§ 1, 1977: and except for employees represented by AFSCME Local Ord. 189 § 1, 1976; Ord.748, 1965:Ord.208, 1960: Ord. 1122,when a salaried employee works in a higher classi- 194 § 9A, 1960). fication for a period of one day or longer, performs sub- stantially all of the duties of such higher classification and 2.20.086 Reimbursable expenditures—Amounts. is not actually receiving supervised training for that posi- A. All officers and employees shall, in addition to tion, the employee shall be paid at the pay step in the their prescribed rates of pay,be reimbursed for the follow- higher classification which is next higher in amount above ing listed expenditures: the employee's pay in the lower classification.The provi- (Yakima 1-14) 66 _ 1 74 2.20.089 sions of this section shall not apply to management per- F. When any employee of the fire department is tern- sonnel• porarily assigned by the chief of the department to a posi- ( ) e n,an hourly employee works is a higher clas- tion m a'higher classification for a period.of four hours or" —�- sification for a period of one hour or longer,performs sub- longer,such member shall be paid special assignment pay stantially all of,the:duties of such higher classification and of five percent above the normal base pay ofthat employee is not actually receiving supervised training for such posi- during that period of continuous service;provided,that the tion,the employee shall,be paid.at the,step in the higher employee exercises the responsibility; including`opera- classification which is next higher in amount above the tional and administrative duties,as they applyto that posi- employee's pay in the lower classification. tion in the higher classification;provided,further,the chief (3) When a:salaried,permanent,employee represented of the fire department may authorize special assignment by AFSCME Local 1122 works for,one hour or longer in pay in excess of the five percent provided herein in excep' a higher classification and in a different classification tional circumstances,as determined by the chief. ' series from which•the employee is regularly employed and G. When any employee of the police department is performs substantially all of the duties of such higher clas- assigned by the chief of the department to a position which sification and-is not actually receiving supervised training requires'operation of a motorcycle,such member shall be for,such position, the employee shall,be paid at the pay paid.twenty-five dollars per month, m addition to his'reg- step in the higher classification which is next higher in ular salary,•for each month that he operates a motorcycle amount above the employee's pay in the lower classifica- more than fifty percent of his total duty,time. tion for all,such hours consecutively worked in the higher H. When an employee of the fire department is classification. assigned the duties of administrative assistant to the fire (4) When a salaried permanent employee represented chief,such member shall receive sixty dollars per month by AFSCME Local 1122 works four consecutive hours:or in addition to the employee's regular salary. longer in a higher classification in the same classification I. When a programmer,analyst is assigned to the series in which the employee is regularly employed and police department, such person shall receive seventy-five performs substantially all of the duties of such higher clas- dollars per month in addition to the employee's regular sification and is not actually receiving supervised training salary. for such position, the employee shall be paid at the pay J. When an employee is temporarily assigned by the step in the higher classification which-is.next higher in city manager to a position in a•higher management classi- amount above the employee's pay:in the lower classifica- fication for a period of one day..or longer and performs tion for all such hours consecutively worked in the higher substantially all of the duties of such higher classification, 01 classification. or when the city manager assigns an employee additional C. Clerical personnel in the police department shall responsibilities beyond the scope of his/her current classi- be paid fifteen dollars per month,in addition to their regu- fication, the city manager may authorize and direct that lar salary when required to be available for night or week- the employee be paid special assignment pay, in ,an end shifts,or when required to perform police duties other amount the city manager determines reasonable,above the than clerical.Effective January 1,-1978,after six p.m.and normal base pay of that employee during the period of the until six a.m. on regularly scheduled shifts, an additional employee's continuous service in said higher classifica- two percent per hour over base pay will be paid for all tion or performance of additional responsibilities.As used hours worked within the stipulated period to the nearest in this section, the term "management classification" one-half hour for police department clerical personnel. means those positions identified in YMC 2.20.115(2). D. Police officers shall be paid thirty dollars per (Ord. 2013-005 § 1, 2013: Ord. 2005-42 § 1, 2005: Ord. month in addition to their regular salary when assigned the 3379§ 1, 1991;Ord.2843 § 1, 1985:Ord.2153 §2, 1978: duties of administrative assistant to the chief of police. Ord. 1860 §§ 1, 2, 1975: Ord. 1745 §§ 2, 3, 1975: Ord. E. When any commissioned member of the police 1614 § 4, 1974: Ord. 1474 § 4, 1972: Ord. 1381 §§ 2, 3, department is assigned by the chief of the department to a 1972:Ord.980§ 1, l 967:Ord.854§§ 1,2, 1966:Ord.748 position in a higher classification for a period of four § 4, 1965: Ord, 584 § 1, 1964: Ord. 478 § 2, 1963: Ord. hours or more, such member shall be paid at the lowest 391 § 1, 1962: Ord. 302 §6, 1961). rate of the higher classification which provides any salary increase for the officer for the actual time so assigned.The 2.20.089 Bilingual pay for management amount of payment for such special assignment shall be employees. computed in accordance with,any applicable provision of Effective July 1,2003,in addition to the prescribed rates YMC 2,40.1.00.The payment for any such special assign- of pay and allowances provided for in this chapter, man- ment duty shall be subject to the availability of department agement employees who have a bilingual capacity shall funds for such purpose. receive sixty dollars per month for their work in that capac- ity subject to prior written approval from their respective ', 67 (Yakima 7-14) i 75 2.20.094 department head and subject to achieving a passing score Effective January 1,2008,the monthly salary for each on the bilingual/biliterate skills examination conducted district position city council member shall be one thou- under the civil service rules and regulations and adminis- sand seventy-five dollars. tered by the civil service chief examiner.Department heads B. Fringe Benefits. Commencing January 1, 1992, may waive the testing requirement if the employee can members of the city council, including the mayor and demonstrate to the satisfaction of the department head, assistant mayor,shall receive no compensation for serving through documentation or otherwise(i.e.,court interpreter as mayor, assistant mayor, or council member other than certification from the state of Washington), that the the salary provided by subsection A of this section,and the employee has sufficient bilingual/biliterate skills. following additional benefits,which are authorized: Management employees employed by the city of 1. Reimbursement for expenditures as provided by Yakima before July 1, 2003, who demonstrated bilin- YMC 2.20.086; gual/biliteral capacity by achieving a passing score on the 2. Protection of a five-thousand-dollar life insurance civil service bilingual/biliterate examination and/or by policy,with the premium fully paid by the city; demonstrating bilingual capacity to the satisfaction of 3. Protection of Workmen's Compensation Insur- their department head and who received prior approval ance coverage under the State Industrial Insurance sys- from their respective department head shall receive, in tern; addition to the prescribed rates of pay and allowances pro- 4. Protection by a policy of insurance known vari- vided for in this chapter,thirty dollars per month for their ously as professional liability insurance or errors and corn- work before July 1,2003, in that capacity. mission insurance, covering council members acting in As used in this section,the term"management employ- their official capacity, with coverage in the same amount ees" means those positions identified in YMC as obtained from time to time for the protection of other 2.20.115(2). (Ord.2003-36 § 1,2003). city officers and employees, with the premium fully paid by the city; 2.20.094 Salary of mayor,assistant mayor,and 5. Payment by the city of its portion of Social Secu- council members-Fringe benefits. rity payroll tax on earnings of council members; and any A. Salary of Mayor and Assistant Mayor. The other benefits expressly required by applicable laws; mayor, assistant mayor, and city council members other 6. Participation in the city employee welfare benefit than the mayor and assistant mayor shall be paid a salary program established by YMC 2.04.100;provided, that an computed and paid on a monthly basis as follows: election and payment are made as provided in YMC 2.04.030(D)(4).(Ord.2005-35 § 1,2005:Ord.2000-2§ 1, Position Salary Per Month 2000: Ord. 99-10 § 1, 1999: Ord. 94-9 § 2, 1994; Ord. 3210 § 1, 1989: Ord. 2920 §§ 1, 2, 1985; Ord. 2556 § 1, Mayor $1,043.95 1981). Assistant mayor $800.37 City council members $695.97 2.20.097 Vehicle allowance for city manager. The city manager shall be paid the amount of three Effective January 1, 2006, and with regard to an at- hundred dollars each month as a vehicle allowance, in large city council member who is elected to be mayor,the addition to the salary specified in the compensation plan monthly salary of the mayor shall be one thousand three for city employees. (Ord. 2005-78 § 1, 2005: Ord. 96-86 hundred seventy-five dollars. § 1, 1996: Ord.2364 § 1, 1979). Effective January 1,2008,and with regard to a district 2.20.100 Classification and compensation plan. position city council member who is elected to be mayor, A classification and compensation plan for city the monthly salary of the mayor shall be one thousand employees is hereby adopted to be effective:June 8,2014. three hundred seventy-five dollars. Pay ranges and pay steps set out in the schedule for the Effective January 1, 2006, and with regard to an at- classifications allocated to these pay ranges shall be in full large city council member who is elected to be assistant force and effective on the date stated above. The pay rates mayor,the monthly salary for the assistant mayor shall be shall constitute full compensation for those employees one thousand one hundred seventy-five dollars. Effective January 1,2008,and with regard to a district with a work week of forty hours as set out in other sections position city council member who is elected to be assistant of this code. Employees whose work week is less than mayor, the monthly salary of the assistant mayor shall be forty hours shall be paid at the rate which is in the same one thousand one hundred seventy-five dollars. proportion to the rates set out herein within their applica- Effective January 1,2006,the monthly salary for each ble classification that their work week bears to forty hours. at-large city council member shall be one thousand sev- enty-five dollars. (Yakima 7-14) 68 ( . The hourly rate for those employees of the fire department whose work week exceeds forty hours shall be computed according to the provisions of YMC 2.22.030. The performance of employees shall be evaluated annually in accordance with a management performance evaluation plan.The result of the perfor- mance evaluations shall be used by the city manager to determine the salary of each employee in the designated positions and shall be used by the city council to determine the salary of the city manager,said salaries to be no less than the minimum nor no greater than the maximum set out in the pay range applicable to the position according to the following schedule: J„ox, ass a a ' - s" ? Y. ,e_ ". a( a ,; e i c A600, 6F , �. 4 u a � 1 ,,, e�rx = r a „ - cad 6410 9-1-1 CALLTAKER 590 01/01/2017 18.78 19.72 20.74 ' 21.77' 22.86 24.01 CS:FIRE Union:IAFF 01/01/2016 18.32 19.24 20.23 ' 21.24 22.30 23.42 01/01/2015 17.87 18.77 19.74 " 20.72 21.76 22.85 01/01/2014 17.52 18.40 19.35 20.31 21.33 22.40 10302 ACCOUNTANT 975SA 01/01/2014 29.07 30.52 32.03" 33.66 35.33 CS:CHARTER Union:TEAMSTERS - 2312 ACCOUNTING TECHNICIAN 12.5 01/01/2017 17.82 18.56 19.45 "`20.39 21.29 CS:CHARTER Union:AFSCME 01/01/2016 17.39 18.11 18.98 ' 19.89 20.77 01/01/2015 16.97 ' 17.67` 18.52 19.40 20.26 01/01/2014 16.56 17.24 18.07 18.93 19.77 11610 ADMIN.ASST.FOR YAKIMA AIR TERMINAL 980A 01/01/2017 24.30 25.53 26.76 28.14 29.49 CS:CHARTER Union:AFSCME 01/01/2016 23.71 24.91 26.11 27.45 28.77 01/01/2015 23.13 24.30 25.47 26.78 28.07 01/01/2014 22.57 23.71 24.85 ° 26.13 27.39 1331 ADMIN.ASST.TO THE CITY MANAGER 972 01/01/2014 32.86 34.50 36.24 38.04 39.92 CS:EXEMPT Union:NONE 11615 ADMINISTRATIVE ASSISTANT FOR WASTEWATER 980 01/01/2014 22.24 23.36 24.48 25.74 26.99 CS:CHARTER Union:NONE 16101 ADMINISTRATIVE ASSISTANT TO FIRE CHIEF 980SA 01/01/2014 22.78 23.93 25.08„ 26.36 27.64 CS:FIRE Union:TEAMSTERS 11701 ADMINISTRATIVE ASSISTANT TO POLICE CHIEF 980 01/01/2014 22.24 23.36 24.48 25.74 26.99 CS:CHARTER Union:NONE 10507 ADMINISTRATIVE SECRETARY 983 01/01/2014 19.21 20.19 21.15 22.24 23.36 CS:CHARTER Union:NONE lv m O V _ c) 77 r 78 2.20.1,16 nomic value,of employee compensation and benefits, Management PACA -Average Bargaining Unit,, including,but not:lirrmited,to,salary, longevity,paid leave, PACA-F Balancing Adjustment holidays,. deferred compensation and .other_forms of employee compensation,said change to be measured from The computed.management PACA shall be converted one calendar year to the next succeeding calendar year. into dollars_for each-respective management'employee, 2 "Managenent employees" means all nontempo- classification, and the amounts thereby.derived shall be rary•.employeeskin the following positions:, added,=to each respective management;employee salary (a) Executive series,as listed,in YMC 2.20.100(B); schedule effective,on January 1st of the reference year, (b) ,Managemment series, as listed, .m ,YMC subject.to.change_pursuantkto,subsection C of this section. 2,20 100(B) ' ' The management employee salary schedules'as'modified, „(c) „Executive,ve support series as listed, in YMC shall be annually codified in YMC,2.20,,11,0.1fthe balanc- 2.20.100(B); ing'.adjustment,is positive as,of January 1,st in,a particular (d) Public safety management series, as listed in reference year,then management,employees'shall'receive YMC 2.20.110(E); a lump sum payment as deferred earnings from the prior (e) Union exempt civil service classes, as listed in year'equaLto the incremental amount:that would have oth- YMC 2 20.1D ,.00 (. ) . m erwise been paid if bargauignnit negotiations lhad'been 3 "Management PACA" means the pay and corn- resolved at the beginning of the prior year. pensation adjustment for management;employees that is ' C , ,Effectiveness•df Pay_and:Compensation Adjust- computed each calendar year using the formula set forth in ments. Management pay and compensation adjustments, YMC,2.29.116, as computed.iin.subsection<Bs.of this.section,shall be,effec- 4. "Reference year"means the current,calendar year tive on January'1st of each'successive.reference,year,sub- for,;which the Management PACA is;computed and will ject to the city council's authority to- cancel, decrease, become effective on January 1st. increase or otherwise change the management PACA by 5. ;.`.`Prior year"means the calendar year immediately adopting amendatory legislation at .least fifteen days preceding the reference year. before the management PACA implementation date. 6. `.`Bargaining unit PACA"means the pay and corn- D. Retroactive Payment of Deferred Earnings.In the pensation adjustment for a recognized city of Yakima event that thereare no known bargaining unit=PACAs as employee bargaining unit, as approved for the reference of January 1st of the reference year,due to unresolved bar- () year by formal action of the Yakima city council.. gaining unit negotiations,thereby yielding an average bar- 7. "Average bargaining unit PACA" means the gaining unit PACA equal to zero,then computation of the average of all bargaining unit.PACAs.that become effec- management PACA for that reference year shall be post- tive during a particular reference year poned and computed'on June 30th of the reference year 8. ."Balancing adjustment.",means the positive or and paid retroactively to January 1st of the reference year. negative change in the average bargaining unit PACA for The formula set forth in subsection B of this section shall the prior year, which change has occurred after computa- be used for this June 30th computation.Under this circum- tion,of the management PACA for the prior year due to stance,the city council and management employees agree delayed resolution of bargaining unit negotiations. This that payment of the management PACA is deferred until change must be incorporated into thecomputation of the the June 30th computation. During such six-month defer- management PACA for the reference year in order to ral period, management employees shall be paid in accor- achieve equality between the management PACA and the dance with the preceding year's salary schedule,but such average bargaining unit PACA. (Ord. 95-16 § 2, 1995; compensation shall be deemed to be less than the total Ord. 94-83,§ 1, 1994). compensation to be paid for the services provided during said deferral period. ... 2.20.116 Management pay and compensation E. Satisfactory Performance Condition. A manage- adjustments. ment employee-shall receive the,PACA provided for in A. Notice of Anticipated Management PACA. The this section, conditioned upon satisfactory performance city manager or designee shall provide the city council under the.employee merit pay plan,..and subject to change with written notice at least thirty days before the imple- pursuant to subsection C of this section. mentation date of the anticipated management PACA F. Agreement for Deferred Earnings. Whenever based on the latest available projections using the manage- there are any unresolved bargaining unit negotiations as of ment PACA formula in subsection B of this section. January 1st of the reference year, then it shall be under- B. Pay and Compensation Adjustment Formula, A stood and agreed between the city council and the man- management pay and compensation adjustment shall be agement employees that management employees will be computed as of January 1st of each successive reference paid an amount less than their total compensation for the year based upon the following formula; reference year until such time as all bargaining unit nego- ( ) 94e (Yakima 12-12) 2.20.117 79 tiations have been resolved and the incremental manage- Example 3: Bargaining Unit Negotiations Com- ment PACA can be precisely computed and paid pleted in Second Half of Reference Year With Nega- retroactively as deferred earnings. tive Balancing Adjustment. G. Nonexclusive Adjustment Process. The manage- ment pay and compensation adjustments provided for in The same facts arise in this example as in Example this section shall not be deemed to be an exclusive process 2 above, with the exception that there is a negative for adjusting management pay and compensation, and the balancing adjustment equal to minus 0.5%.Reference city council may wish to consider pay and compensation year management PACA equals 2.0%minus 0.5%for adjustments based upon comparative studies conducted a total management PACA of 1.5%.The management pursuant to YMC 2.20.030. employee salary schedules will be adjusted to reflect H. Examples of Management PACA Computations. this total 1.5%positive adjustment. There is no retro- The following hypothetical examples illustrate how the active pay adjustment for the prior year. management PACA formula operates: (Ord. 94-83 §2, 1994). Example 1: Bargaining Unit Negotiations Com- pleted in First Half of Reference Year. 2.20.117 Management salary schedule separation. It is the policy of the city of Yakima that managers and As of January 1st of particular year,the average of supervisors shall receive salaries that are a minimum of all known bargaining unit PACAs to be effective five percent higher than subordinate employees. When- during that year is 2.2%. There were no delayed bar- ever management employee group salary schedules are gaining unit negotiations during the prior year so the changed or adjusted,a minimum positive five percent sep- balancing adjustment is zero. Therefore,the manage- aration above bargaining unit salary schedules shall be ment PACA to be effective on January lst of the ref- maintained. Within the management employee group,sal- erence year is 2.2%. Assuming that delayed ary schedules for management employees with supervi- bargaining unit negotiations for the reference year are sory responsibility shall be maintained at a minimum resolved before June 30th,resulting in a revised aver- positive five percent separation above subordinate age bargaining unit PACA for the reference year employee salary schedules. As used in this section, the equal to 3.0%,then the revised management PACA is term "management employee" means those positions also 3.0%. This means that management employees identified in YMC 2.20.115(2).(Ord. 94-83 § 3,1994). have deferred earnings for January through June of the reference year in the differential amount of 0.8% 2.20.118 Management employee disability of base salary over the six-month period. This per- insurance. tentage amount will be converted into dollars and There is established a voluntary, employee-paid dis- added to the next management employee paycheck as ability insurance program utilizing the payroll deduction lump sum deferred earnings. The management em- process for participating management employees, as ployee salary schedules will also be adjusted to re- defined in YMC 2.20.115.The city director of finance and fleet the 0.8%positive adjustment. budget is authorized to implement and operate this disabil- ity insurance program using the city's payroll deduction Example 2: Bargaining Unit Negotiations Corn- system. (Ord. 94-83 §4, 1994). pleted in Second Half of Reference Year With Posi- tive Balancing Adjustment. 2.20.120 Shift differential. Effective January 1, 1979, any employee within the As of January 1st of a particular year, the average bargaining unit of the American Federation of State, of all bargaining unit PACAs to be effective during County and Municipal Employees will be paid a shift dif- that year is 2.0%. Unresolved bargaining unit negoti- ferential premium equal to an additional two percent per ations during the prior year were settled in the second hour over that employee's base pay for all hours worked half of the prior year,resulting in a positive balancing (rounded to the nearest one-half hour) by the employee adjustment of+ 0.5%. Reference year management between the hours of six p.m. and six a.m, during that PACA equals 2.0% +0.5%, for a total management employee's regularly scheduled shift, provided, effective PACA of 2.5%. The management employee salary January 1, 1980,the rate of the shift differential premium schedules will be adjusted to reflect a total 2.5%pos- shall be increased to four percent per hour over base pay. itive adjustment. In addition, the 0.5% positive bal- (Ord.2265 §2, 1979). ancing adjustment will be converted into dollars and added as a lump sum payment into the next manage- ment employee paycheck as deferred earnings. (Yakima 12-12) 94f 80 2.20.130 2.20.130 Management group tax deferred (6) Union exempt supervisory group, as listed in compensation plan. YMC 2.20.110(H); Commencing May 1., 1995, each member of the man- (7) Union exempt fire civil service, as listed in YMC agement employee group,as defined below, shall partici- 2.20.110(K). pate in a tax deferred compensation plan adopted or B. The Section 125 spending plan shall be on file in approved by the city and shall be paid, in addition to that the office of human resources and may be further employee's monthly salary as established by the compen- amended by the city manager with respect to its amounts sation plan, deferred earned compensation each month in of contribution and services; provided, that such amend- an amount equal to three percent of said monthly salary. ments are made in written form and filed with the original Effective December 9,2012(or as individually negoti- plan. (Ord.'3504 §'2, 1992: Ord. 3500 §"1, 1992: Ord. ated between the city and prospective employees prior to 3430 § 1, 1991). the effective date of this amendment), newly hired employees of the management group will not be eligible, nor shall participate, in the tax deferred compensation plan. The management employee group,as that term is used in this section, is composed of any nontemporary employee in the following positions: (1) Executive series,as listed in YMC 2.20.100(B); (2) Management series, as listed in YMC 2,20.100(B); (3) Executive support.series as listed in YMC 2.20.100(B); (4) Public safety management series, as listed in YMC 2.20.100(E); • (5) Union exempt management support group, as listed in YMC 2.20.100(D); (6) Union exempt supervisory group, as listed in YMC 2.20.110(H); (7) Union exempt fire civil service,as listed in YMC 2.20.100(K). (Ord. 2012-42 § 1, 2012: Ord. 95-18 § 1, 1995:Ord.3504§2, 1992:Ord.3500§ 1, 1992:Ord.2873 § 1, 1985: Ord.2689 § 1, 1983). 2.20.150 Management personnel Section 125 plan. A. The Section 125 spending plan for the city of Yakima as contemplated by 26 U.S.C. Section 125 is adopted for (1) all management employees, as defined below;(2)employees covered by the LEOFF labor agree- ment with IAFF Local No.469;and(3)such other collec- tive bargaining units for which this benefit has been included in a collective bargaining agreement approved by resolution of the city of Yakima city council. "Management employees",as that term is used in this section, refers to all nontemporary employees in the fol- lowing positions: (1) Executive series,as listed in YMC 2.20.100(B); (2) Management series, as listed in YMC 2.20.100(B); (3) Executive support series as listed in YMC 2.20.100(B); (4) Public safety management series, as listed in YMC 2.20.110(E); (5) Union exempt management support group, as listed in YMC 2.20.100(D); 94g (Yakima 12-12) 81 82 2.22.010 0 Chapter 2.22 dividing such employee's basic monthly salary by a factor of 234.00. (Ord. 1922 §`2 (part), 1976). ' FIRE DEPARTMENT—WORKING CONDITIONS __ ' :< 2.22.040 Overtime pay. ‘-, Sections: A. Overtime pay will be allowed for members of the 2.22.010 Workweek. fire department except, battalion chiefs and fire chief 2.22.020 Calling off-duty firefighters in an when required to work in excess of their basic workweek emergency. or their standard workday or shift at the rates set out in 2.22.030 Compensation. subsection B of this section <'. 2.22.040 Overtime pay. B. Overtime pay rates for fire department employees 2.22.050 Special assignment pay. below the rank of battalion chief shall be computed in the 2.22.060 Time-off privileges—Vacation following manner: leave. 1. Effective January 1, 1976,, when personnel are 2.22.070 Time-off privileges— called from,off-shift in order to maintain minimum fire Compassionate leave. combat strength as determined by the city council, the 2.22.075 Time-off privileges—Sick leave. hourly overtime pay rate shall be computed by dividing 2.22.080 Holidays. such employee's basic monthly salary by 23833 and multiplying the result by 1.5. Effective January 1, 1977, 2.22.010 Workweek. the hourly overtime pay rate shall be computed by divid- A.The fire chief,the battalion chief assigned as train- ing such employee's basic monthly salary by 234.00 and ing officer,the fire marshal,fire inspectors and all other multiplying the result by 1.5. day personnel not working a shift shall work a basic 2. When personnel are called from off-duty by the workweek of forty hours and standard workday of eight fire chief or his designate because of a fire, the hourly hours. rate shall be computed by dividing the basic monthly B. Battalion chiefs, captains, lieutenants, and salary by 173.33 and multiplying the result by 1.5. firefighters in the fire combat division working shifts 3. A minimum of two hours of overtime pay shall shall work a basic average workweek of fifty-five hours be allowed for any callback from off-shift. and a standard work shift of twenty-four hours effective C. Fractions of an hour served on overtime duty shall January 1, 1976; and shall work a basic average work- be rounded to the next full hour for the purpose of com- week of fifty-four hours and a standard shift of twenty- pining amount of overtime. four hours effective January 1, 1977. 1. When a shift battalion chief is required to provide C. Alarm operators shall work a basic workweek of work coverage for a shift battalion position vacancy,the forty hours and a standard work shift as established by battalion chief shall be paid at a straight time rate equal the fire chief. (Ord. 1922 § 2 (part), 1976). to the top step hourly rate for a shift battalion chief for each hour of work performed in excess of his/her regular 2.22.020 Calling off-duty firefighters in an 51.38 hour workweek. emergency. 2. When a shift battalion chief is called back from In the event of a threatening or unusual conflagration off-duty by the fire chief or his/her designee to perform or other emergency, the fire chief, his assistant or other work due to an emergency, the battalion chief shall be person in charge or command of the fire department, paid at an hourly rate computed by dividing his/her basic shall have the power and authority to summon any or all monthly salary by 173.33 and multiplying the result by firefighters who may be off-duty to assist in the protec- 1.5. tion of life and property. (Ord. 1922 § 2 (part), 1976). 3. When a shift battalion chief is required to perform work in excess of their regular 51.38 hour workweek due 2.22.030 Compensation. to a Washington State mobilization effort, the battalion Effective January 1,1976,compensation for personnel chief shall be paid at an hourly rate computed by dividing in all classifications and positions in the fire department his/her monthly salary by 222.66 and multiplying the shall be that set out in Section 2.20.110 except that em- result by 1.5. (Ord. 2000-16 § 1, 2000: Ord. 2014 § 1, ployees whose basic workweek is an average of fifty-five 1976: Ord. 1922 § 2 (part), 1976). hours per week shall be paid at an hourly rate computed by dividing such employee's basic monthly salary by a 2.22.050 Special assignment pay. factor of 238.33. Effective January 1, 1977, employees When any member of the fire department is tempo- whose basic workweek is an average of fifty-four hours rarily assigned by the fire chief or his designate to a c, ll per week shall be paid at an hourly rate computed by position in a higher classification for a period of six 94-1 (Yakima 1l-oo) 2.22.050 83 hours or longer, such member shall be paid at the pay step in the range in that higher classification which is next greater in amount than his current salary.(Ord. 1922 § 2 (part), 1976). 2.22.060 Time-off privileges—Vacation leave. A. There shall be an earned leave account established for each employee of the Yakima fire department.Accru- I (Yakima 11-00) 94-2 84 2.22.060 als to the earned leave account shall be in the following reduced from the number of:hours accrued to the date of amounts: transfer. (Ord. 2040 § 1, 1977; Ord. 1922 § 2;(part), 1. Day Shift Employees. There shall be an earned ;.1976).'- , _ leave account established for each employee of the Yakima fire department working straight day shifts. 2.22.070 Time-off privileges-Compassionate leave. Accruals to that earned leave account shall be at the A. Employees not.under LEOFF shall=be granted following rates, effective January 1, 1978: compassionate leave in.accordance with Section 2 40.030. B. Employees under LEOFF shall be-granted corn- continuous Service Full calendar passionate.Ieave.as:follows: in Years Monthly Accrual 1. In theeventof death;ofa,member of the immedi- At Least Less Than (Hours) HrsJYr.Day/Yr. ate family of an.:employee,.or-employee's spouse,'as 0 3 6-67/100 80 10 defined in subsection B(4) of Section 2.40.030,-shall-be 3 7 8 96 12 granted,leave with pay not to exceed:three calendar days; 7 10 10 120 15 .provided;however,that additional,leave'with pay'niay'be 10 15 12 144 18 granted when recommended'by'the-fire chiefor,his'desig- 15 20 14 168 21 :nateand approved,by the city;<manager.or his designate. 20 — 16 192 24 2. In the event of:serious-iju y or illness to-mem- bers of an employee's immediate family living with and 2. All other members of the department who are dependent upon the employee-and.constituting-an.emer- working shifts and who are not included in subsection 1 agency or crisis,the;employee-may be granted leave with of this section shall accrue vacation leave at the following pay.Any leave with pay-for this purpose mustbe.recom- rates: mended by the fire chief or his designate and approved a. Ten hours for each full calendar month for those by-the city manager:or his designate.(Ord. 1922 § 2 with less than ten years of continuous service; •(part), 1976). b. Fourteen hours for each full calendar month for .. those with ten or more years of continuous service. 2.22.075 Time-off privileges—Sick.leave.. B. Vacation leave accumulated at the end of six A. Each employee of:the Yakima fire>department months may be taken in the seventh month and each who is covered under provisions of Chapter 41.26 of,the month thereafter as accumulated. Revised Code of Washington, but whose effective date C. All vacation leave must be requested in advance of initial employment as a.firefighter or police officer'by and approved by the fire chief or his designate. any employer is on or after October 1; 1977,-so'that"such D. Vacation leave must be taken at such times as the employee is not entitled to disability leave pursuant to employee can be spared,but an employee will be allowed Chapter 41.26 of the Revised Code of Washington,shall to take his leave when he desires if it is possible to be granted sick leave with pay in accordance with the schedule it at that time. provisions of this section. E. Accumulation of vacation leave shall be as fol- B. A sick leave account shall be established for each lows: such eligible employee,by which account each employee 1. Management personnel on day assignments,other shall be credited with twelve shifts of sick leave upon LEOFF personnel working days and non-LEOFF person- employment. nel, shall accrue vacation leave to a maximum of two C. Accrual. Sick leave with pay shall accrue at the hundred forty hours. rate of one working shift of leave for each full calendar 2.Department employees underLEOFF working shifts month of the eligible employee's continuous service with shall accumulate earned leave to a total of three hundred the fire department, provided no sick leave shall accrue thirty-six hours; provided, that in an emergency or due during the first twelve months of employment. to absences in the workforce which reduce the workforce D. Permissible use of sick leave: eligible employees below minimum staff level,the city manager may autho- shall be granted sick leave with pay for the reasons speci- rize accumulation of earned leave in excess of three fled by subsection B of Section 2.40.030 of this code. hundred thirty-six hours for the duration of such emer- (Ord. 2240 § 1, 1978). gency or for a period of time that the city manager may designate, with such additional hours to be credited to 2.22.080 Holidays. leave and taken in accordance with subsections C and D A. All members of the fire department who are not of this section. by the nature of their work required to provide a 3. Employees transferring from shift to day work twenty-four-hour-per-day service, seven days a week, shall not have the vacation portion of their earned leave shall be granted holidays as set out in Section 2.40.080. 95 2.22.080 85 B. Employees of the fire department who, by the nature of their work, are required to provide a twenty-four-hour-per-day service, seven days per week, shall be entitled to time off in lieu of holidays as follows: 1. Members of the fire combat division who are working an average workweek of fifty-five hours effec- tive January 1, 1976,and fifty-four hours effective Janu- ary 1, 1977,shall receive four twenty-four-hour shifts off with pay each year. Eight hours of time off in lieu of holidays shall be considered to be earned each month and such time shall be added to each employee's earned leave account. 2. Alarm operators shall receive eight hours of time off in lieu of each holiday set forth in Section 2.40.080 and these holidays will be subject to the same conditions as those for other city employees. Time off in lieu of holidays for alarm operators shall be earned for the month in which the holiday occurred and the time shall be credited to each employee's earned leave account. C. All time off in lieu of holidays must be requested in advance and approved by the fire chief or his desig- nate. D. Time off in lieu of holidays must be taken at such time as the employee can be spared but an employee will be allowed such time off when he desires if it is possible to schedule it at that time. E. The use of accumulated earned leave time attribut- able to time off in lieu of holidays shall be allowed from the date of employment, provided, the employee must have a minimum time of one full shift accrued. (Ord. 1922 §2 (part), 1976). 96 86 224.010 Chapter 2.24 day of December and the, thirtieth day of June.of each. 0 year ,, LONGEVITY PLAN Years of Service .Percent of Base Pay Sections: ' '5 2.0 • 2.24.010 Longevity plan—Eligibility— i;, Restrictions. • „ `,,F _ 10 , k. 3 5c ,,, 2.24.015 Longevity plan—Service recognition award. 20 ` 6.5- 2.24.020 Leave of absence for service in Armed Forces. 24 9.0 2.24.010 Longevity plan—Eligibility— Effective :January 11, 2003, all such -management Restrictions. employees,shall:receive,longevity pay, in addition to their. A. Effective January 1, 1979,those employees of the regular,salary, according to the following schedule, to be city of Yakima who are within the bargaining unit of the paid,;on the first<applicable day following the.'thirty-first American Federation of State, County and Municipal day of;December and„the thirtieth day: of,June of'each Employees who are regularly and continuously employed year.',Effective,January .1, 2006, municipal:judges;shall. full-time, and permanent seasonal employees, who have not i�eceive,longevi y pay ,; completed periods of service as hereinafter set forth,shall ,,a',.ly '-i., ,.,,, ,.1,; receive compensation,called longevity pay,in addition to Years=of.Service Percent of Base Pay their regular salary,according to the following schedule to 5 2:5 be paid on the first applicable day following the thirty-first day of December and the thirtieth day of June of each 10 .,4..0 year;provided,that seasonal employees shall be paid any 15 S - 55 longevity pay to which they may be entitled upon the ter- 20' ' 7.0 ' mination of any season worked. 24 ' 10.0 Longevity Effective December 9,2012(or as individually negoti- Years Service Compensation ated between the city and prospective employees prior to At least 60 months and less than the effective date of this amendment), newly hired. 120 months $20.00 per month employees of the management group shall not receive lon- At least 120 months and less than gevity pay. 180 months 30.00 per month C. Upon termination of employment of anyone enti- tied to longevity pay, except upon the seasonal termina- At least 180 months and less than tion of seasonal employees, such person shall receive a 240 months 40.00 per month longevity payment, according to the above schedule, for 240 months or more ' 50.00 per month the number of months of eligibility served by such employee from the date on which the immediately previ- B. Effective January 1, 2002, all management ous longevity payment was made. Such payment shall not be made for fractions of a month, and if termination of employees as defined in YMC 2.20.115* shall receive compensation, called longevity pay, in addition to their employment occurs on or before the fifteenth day of any regular salary, according to the following schedule,to be month, that month shall not be counted as one for which paid on the first applicable day following the thirty-first longevity pay is to be made,and if termination of employ- ment occurs after the fifteenth day of any month, that month shall be counted as one full month for which lon- gevity pay is to be made. D. No longevity pay shall be paid to any employee who is discharged from employment for disciplinary rea- * "Management employees"defined in YMC 2.20.115 means all non- sons,or who terminates his employment without giving at temporary employees listed in the "executive series" (YMC least two weeks' notice in writing of such termination. 2.20.100(B)),`management series"(YMC 2.20.100(B)),"executive support series" (YMC 2.20.100(B)), "public safety management E. Employees covered by the Washington State Law series" (YMC 2.20.100(E)), and "union exempt civil service Enforcement Officers' and Firefighters' Retirement Sys- classes"(YMC 2.20.100(D)). tern who terminate their employment after disability leave �"""" 97 (Yakima 12-12) 2.24.015 87 and are placed on disability retirement shall receive lon- gevity pay for the period of disability leave as provided in Chapter 41.26 of the Revised Code of Washington. (Ord. 2012-41 § 1,2012: Ord.2005-85 §2,2005;Ord.2001-63 § 1, 2001; Ord. 95-16 § 1, 1995; Ord. 94-83 § 5, 1994: Ord. 3403 § 5, 1991; Ord.2384 § 1, 1980; Ord.2275 § 2, 1979;Ord.2265§3, 1979;Ord.2153§4, 1978:Ord.2051 §2, 1977: Ord. 1910 § 1, 1976: Ord. 1474§2, 1972: Ord. 748, 1965: Ord. 583 §2, 1964: Ord. 85 § 1, 1960). 2.24.015 Longevity plan—Service recognition award. As each employee becomes entitled to the longevity pay provided by YMC 2.24.010, that employee shall receive longevity compensation, in addition to the regular salary and such longevity pay, to consist of a five-year incremental service recognition award in the form of a pin, pendant or similar item of jewelry as determined from time to time by the city manager;and one such recognition award shall be further made to each such employee for each five years of service as a city employee in excess of twenty years. (Ord, 2101 § 1, 1977). 2.24.020 Leave of absence for service in Armed Forces. Leave of absence for service in the Aimed Forces of the United States shall be regarded as continuous employment in determining eligibility for such compensation, but shall not entitle such person to receive said compensation for the leave period. (Ord. 85 §2, 1960). (Yakima 12-12) 98 2.36.010 88 2.36 RETIREMENT PLAN PARTICIPATION Sections '5' 1-N, 2.36.010 PU blic Employee Aetiremedt System adopted-7Meni13ersh1p.:f5 „, 2.36.010/3 ,Public;Empicleejleirement System -,5 adopted—Membership.,'''' "' : • 5: The city.:of Yakipia,WaShingtonAas,.anchelects to par,::5 ticipate m the:Public Employees RetiremeniSYStemas provided for by Chapter.4:51A05:ofIhe:Revised,r5Code of Washington; All tdiployees,5:and..-tofficers. f,,,the.,,city of , Yakmia shall be4nClUded.iinsait1ystem;,eXCept,the:r.mern7i.... . hers of the fire department and ottlfe7,,ROlice-51blepartnient 5,5 who faii,rnethbets-ofitheTolice and Ifire,penSionsysteIn; •; provided,that no,'eleCtiV6,officiaFshallibe-jndlUdedimnless such official so 6lects:and.5fileva',written -of,suCh . , electionvithAhe,board,Of:trustpe&ofthe.p.ensiOrrisystem and thecity clerk.:(Ord.93,60L§ .51.9931).0rd.-322 1962;Ord.B-858 § 1, 1948). , • 99 (Yakima 1-14) 2.40.010 89 Chapter 2.40 e. Employees with more than fifteen full years of service shall earn twenty-two days. LEAVES OF ABSENCE (2) Effective October 24, 1991, all management employees as defined in YMC 2.04.030(B), the chief of Sections: the fire department and the chief, captains and lieutenants 2.40.010 Eligible employees. of the police department shall be entitled to vacation leave 2.40.020 Vacation leave. at the following rates: 2.40.030 Sick leave. a. Employees with less than two years of service 2.40.035 Bereavement leave. shall earn eight hours per full month of service (twelve 2.40.040 Civil leave. days per year); 2.40.050 Military leave. b. Employees with two years or more but less than 2.40.060 Leave without pay. six years of service shall earn nine and one-third hours per 2.40.070 Unauthorized absences. full month of service(fourteen days per year); 2.40.080 Holidays with pay. c. Employees with six years or more but less than 2.40.090 Workweek. ten years of service shall earn twelve hours per full month 2.40.100 Overtime pay. of service(eighteen days per year); 2.40.110 Sick leave transfer(SLT). d. Employees with ten years or more but less than 2.40.120 Vacation buy-back program. fifteen years of service shall earn fourteen hours per month of service(twenty-one days per year); 2.40.010 Eligible employees. e. Employees with fifteen or more years of service Commencing March 1, 1977,all employees of the city shall earn sixteen hours per full month of service(twenty- of Yakima shall be eligible for vacation pay, sick leave, four days per year). civil leave, military leave and holiday pay as provided in (3) Effective January 1, 1979, police patrolmen and this chapter,except as follows: sergeants shall earn vacation leave at the following hourly 1. Temporary or emergency employees shall not be rates for each full calendar month of service: eligible for any leave or holiday privileges. Employees in a. Employees with less than three years of service permanent seasonal positions shall be eligible for all leave shall earn six and sixty-seven-hundredths hours; privileges except vacation leave. b. Employees with three years or more but less than 2. Leave and holiday privileges for fire department six years of service shall earn eight hours; personnel shall be governed by Chapter 2.22 of this code. c. Employees with six or more but less than ten 3. Police department employees and fire department years of service shall earn nine and thirty-three-hun- employees eligible for benefits provided by the Law dredths hours; Enforcement Officers' and Firefighters' Retirement Sys- d. Employees with ten or more but less than fifteen tem, RCW Chapter 41.26, shall not be entitled to sick years of service shall earn twelve hours; leave benefits conferred by this chapter; provided, such e. Employees with more than fifteen years of service employees shall be accorded leaves of absence as pro- shall earn fourteen hours. vided by YMC 2.40.030(B)(4)and(B)(5).(Ord.2051 §3, B. Accumulation of Vacation. 1977:Ord. 1938§ 1,1976:Ord. 1468§1, 1972:Ord. 1451 (1) An employee within the bargaining unit of the § 1, 1972: Ord.447 § 1, 1963: Ord.69§ 1, 1960). American Federation of State, County and Municipal Employees may accumulate vacation leave time in an 2.40.020 Vacation leave. amount equal to the vacation time the employee earns A. Rate of Accrual of Vacation Leave. during two years of service, according to the accrual rate (1) Effective January 1, 1979,each eligible employee specified in subsection(A)(1)of this section. within the bargaining unit of the American Federation of (2) Subject to subsection (B)(3) of this section, an State, County and Municipal Employees shall earn vaca- employee in the exempt classification, as specified in tion leave at the following rates: YMC 2.20.100, the chief and deputy chief of the fire a. Employees with one full year of service shall earn department and the chief, captains and lieutenants of the ten working days, five of which may be taken after six police department may accumulate vacation leave time in months of service; an amount equal to the vacation time the employee earns b. Employees with two full years of service shall during two years of service, according to the accrual rate earn twelve working days; specified in subsection(A)(2)of this section. (3) Effective January 1, 1998, for the chief and dep- c. Employees with five full years of service shall uty chief of the fire department, and the chief, captains, earn fifteen working days; and lieutenants of the police department,at the end of each d. Employees with ten full years of service shall year any vacation leave accumulated in excess of the lim- earn nineteen working days; (Yakima 1-14) 100 2.40.030 90 its specified in subsection (B)(2) of this section shall,be F. Reporting. Vacation leave with pay shall be O . . , paid to the respective employee at the rate of one hundred • reported to the personnel department on forms andaccor& • percent of the slemployee's base .wage in _effect as of ' - ing to procedures as specified by the director of personnel.'. December:31st of that year; provided;however, that the- , (Ord 2013-036 §-1, 2013:-Ord. 98-34 '§1,._1998;-Ord.: employee must use at least seventy-five percent ofliisilier • 3403 § 6, 1991, Ord 2363 §'-§:1, 2, 1980; Ord,1265 §4: vacation leave accrued during that year in order to qualify' '' 1979;Ord 2153.§5,1978;-Ord. 1901'§'l, 1976;Ord;.1900:-. , , for the.payment unless some or all of the employee's. § 1, 1976;'Ord. 1745,§' ,'1975: Ord 1614"§-6,-1974;.Ord' scheduled vacation leave useforthat year is,cancelled and 1474§3,'1972;Ord: 1408 §i,,1972;-Ord. 1402.0,49.72; cannot be rescheduled that year, and suCh..preVenta the Ord. 1317 § 1, 1971; Ord. 447 § 2, 1963; Ord. 69'§I'lk employee from,complyipg,with the seventy-five,percent (part),;1. "69):: _ .' ,-::„,',•_:-, ' ' ' —": ' - '- , vacation leave use:requirement:Atthe end of each year all ' ' ' '•-“''--- '-'''" ''' -;'' ''''''''. -. r''-:.'----;':.'":';.',- '-'i''J'i:i'R,,,:ic.,.).,, vacation leave accrued ,excess Of thelimitS)apecified4n.' 2.40,030. , Sick leave. subsection (B)(2) of this ,section, but for which the, A., 'Abcrual. employee does.pot:gnalify,for„payment,;Shall be trans- (1)- EffectiebCtOber241,991,alfemPloyees except ferred to.the management extended'sicklleave,poolestab- management employees as defined.insUbSection9:-of this lished under YM(246.1.10: •„„,.. 4,-, ., :,,.- ., .' section and eXcePt employees covered by the Washington (4) All other erOlOyees,,COyered bY.,this;Chapter, _ StatetaivEnforcementOffieers'and Firefighters'Retire- except thoseaffeqted-by,surbse4iong"(13)(1)An0:03)(2)-4r merit'Sys-tern Shall".accrue sick leave af:'#ie'riter:loP•difd, this,section-may accumulate vacation leave time not to working clay ofleaVefOrreaChfulfcaleridat indritli`!pf,the - exceed two hundred forty hpurs -, ,, ,, , ,,,,. , employees serViCe.-Withlhe CO. Unused sick leave may C CitYManagenDiscretion:,:, .:. . : ' be aCeumUlatedforiniirilinnitodMaxinniin period (1) The city manager shall have the,discretion to (2) Upon initial employment, management employ- adjust vacation-accruals for all management employees as ees as defined'ini'snbaeCtiori13'Of this Seetibli'Shafl'lacCiiig' defined in,Ylv1C,2.04.63P(E): „,,, , . sick leave at the rate of two working days of leave for each' D -. Permissible Use of Vacation Accruals,,with,Pay. of the first six fall calendar months of the employee's ser- (1)),,,Vacationi.leaVe accumulated at the end_,bf six vice with the city, and no sick leave shallfacertie'for any .,_ . ... months of service may be taken in the seventh pcmth and such employee for the seventh through the twelfth fullcal- each month thereafter as accumulated . - . , .,, ••• endanmonthS.Of service Thereafter,commencing with the (2) ,Vacation leave must be taken at such as the thirteenth full'calendar month of service, each employee employee can:bespared,,butamemployee will be allowed shall accrue sick leave at the rate of'one working day of- to take his leave when heidesires,if it isToasibiet0 sched- leave for each calendar month of service',Unused sick , ule it at that time , ', , . leave may be accumulated for an unlimited maximum (3). All.vaCatfordeave must be requested ini:advance period , , .. and approvedbytheemployees,department head , , ,, B :Permissible Use of SickleaVe;An employee eh- E. Terminal Leave. „ gible for sick leave with pay shall be granted such leave (1) A permanent employee,,,whenleavingithe,service for the following reasons of the-city in good standing and who has given at least two 1 PerSbnal illness or physical incapacity resulting weeks' notice of hia,,intention,to leave,,shall-be-compen- from causes beyond employee's COntrOl,. sated for vacation leave earned-.and,accumulated to the 2. , Quarantine of employee due to exposure to a cor- . date of separation. . , , tagious disease; . (2) No compensation for vacation leaveshall:be pay- 3. On-the job injuries; any,employee receiving Sick' able to any employee who terminates his:employment or leave with,pay, who is, eligible,for time loss payments is terminated before he has completed six months.of Ser- under,the workman?s compensation law, Shall;, for the . vice duration of such payment,receive only that portion of the (3) Any eligible employee who is discharged or employee's regular salary which, together with said pay- resigns as a result of disciplinary action shall be entitled to ments,will,egual,the employee's regular salary In order be compensated for only,that vacation leave which was not to work an undue hardship on the employee caused by earned inpreceding calendar years and not used attime of the time.lag involved_in tune-loss payments the emplOyee separation. This provision also'shall apply to employees shall be paid full salary and on receipt of time-160s pay- who quit without giving the notice specified in subsection ments shall endorse such payments to the citY. Said ,. , .. (E)(1)of this section. . employee,shall,be charged with sick leave only for,that (4) Terminal leave shall be computed by multiplying portion of the employee's regular salary for Which the city the hourly rate in effect at the time of termination by the is not reimbursed by the workman's compensation pay- number of hours accumulated, ments endorsed to the city; 101 (Yakima 1-14) 2.40.030 91 4. Subject to and in accordance with YMC 2.40.035, the end of a pay period may be certified for payment of the death of a member of the immediate family of an sick leave by the director of personnel upon recommenda- employee or employee's spouse; tion of the department head as indicated by his signing the 5. Illness and disability caused or contributed to by time sheet and subject to the receipt of an approved appli- pregnancy,miscarriage,abortion, or childbirth; cation for sick leave pay immediately upon the 6. Sick leave shall not be allowed for any period of employee's return to work; time that the employee is gainfully employed by another b. Investigate any suspected abuse of sick leave; employer; c. Withhold approval of sick leave pay in the event 7. Leave taken pursuant to and in accordance with of unauthorized use; the Family and Medical Leave Act of 1993 and the FMLA d. Initiate disciplinary action if, as a result of inves- policy of the city of Yakima; tigation,it is determined that an employee has been guilty 8. To care for a child of the employee with a health of wilful misrepresentation in a request for sick leave pay. condition that requires treatment or supervision; "child" E. Sick Leave Exchange. All management employ- as used herein means a biological,adopted,or foster child, ees as defined by YMC 2.20.115 may exchange accrued a stepchild,a legal ward,or a child of a person standing in sick leave for pay or for additional leave time as appropri- loco parentis who is(a)under eighteen years of age or(b) ate, in accordance with the options provided the eighteen years of age or older and incapable of self-care employee,subject to the following provisions: because of a mental or physical disability; 1. Except as otherwise provided in subsection(E)(3) 9. To care for a spouse, parent, parent-in-law, or of this section, exchange of accrued sick leave for cash grandparent of an employee who has a serious health con- will be granted for those employees with less than ninety dition or an emergency condition;"parent"as used herein days(seven hundred twenty hours) of accrued sick leave includes an individual who stood in loco parentis to an in accordance with the following: employee when the employee was a child. a. Effective January 1, 2002, upon retirement the C. Requirements for All Paid Sick Leave. employee's accrued sick leave will be exchanged for pay (1) Every employee must report to the representative at the rate of fifty percent of the employee's current base designated by his department head the reason for the pay to a maximum of eighteen thousand seven hundred absence as far in advance of the starting of his scheduled and fifty dollars. work day as possible, but in no event shall this report be b. Effective January 1, 2002, upon termination made later than the first day of absence. under honorable conditions, as distinct from retirement, (2) An employee must keep his department head the employee's accrued sick leave will be exchanged for informed of his condition if absence is•of more than three pay at the rate Of twenty-five percent of the employee's working days in duration. current base pay to a maximum of eighteen thousand (3) For each absence an employee must submit upon seven hundred and fifty dollars. Honorable termination the approved form an explanation of the reason for such includes layoff for budget reasons,resignation with proper absence. A statement by the attending physician may be notice,and position abolition. required if an absence caused by illness or injury extends 2. Except as otherwise provided in subsection(E)(3) beyond three working days, or for each absence, if of this section, exchange of accrued sick leave for addi- requested by the department head. tional leave days or for cash will be granted to employees (4) Employees must permit home visits or medical who have accrued ninety days (seven hundred twenty examinations at the expense and convenience of the city. hours)or more days subject to the following provisions: D. Enforcement of Sick Leave Provisions. a. Effective January 1, 2002, upon retirement, the (1) Any failure to comply with the provisions of sub- employee's accrued sick leave up through a maximum of • section C of this section shall be grounds for denial of sick one hundred twenty-five days (one thousand.hours) will leave with pay for the period of absence. be exchanged for pay at the rate of one hundred percent of (2) Misrepresentation of any material facts in con- the employee's current base pay to a maximum of thirty- nection with paid sick leave by any employee shall consti- seven thousand five hundred dollars. tute grounds for suspension or discharge. b. Effective January 1, 2002, upon termination (3) It shall be the responsibility of the department under honorable conditions, as defined in subsection head or his designated representative to: (E)(1)(b) of this section, as distinct from retirement, the a. Review all applications for sick leave and employee's accrued sick leave up to a maximum of one approve those which are bona fide and comply with the hundred twenty-five days (one thousand hours) will be provisions of this section and forward same to the person- exchanged for pay at the rate of fifty percent of the nel department.The director of personnel shall not certify the payment of sick leave until the approved applications have been received, except that employees still absent at (Yakima 1-14) 102 92 2:40.035 employee's current base,pay to a maximum of eighteen leave without loss of pay per calendar year For:purposes thousand seven hundred and fifty-dollars. of this section, "immediate family"means.husband,wife, c,,. Employees who have accrued more than_ninety parent,grandparent,child,grandchild,brother,or sister of days (seven hundred twenty hours) of sick leave may the employee or his/her,spouse.'No,leave of absence in exchange such sick leave for bonus(additional)leave days excess of three,days for a family death shall be taken by an at the rate of four days of sick leave for each additional employee unless additional'leave is recommended by the leave,day,not to exceed a total ofEfive added IeaVe days employee's department;.head .and approved by the annually, utilization,of which would be subject to the appointing authority. Approved leave in excess of three scheduling and approval by the department head. days.for the death'of a family member shall be debited -3. ': Effective January 1, 2002,upon the death of an against the employee's.accrued:sick leave ;annual leave, , employee,the employee's accrued sick leave`up through a compensatory time and/or other accrued leave. (Ord. Maximum of one hundred twenty-five days(one thousand , 200,1-64 §'2,_2001): ercent rate of one hundred , ,hours)will be exchanged for pay at the p of the employees current base pay to a.maximum 2 40.040 Civil leave of thirty-seven thousand five hundred dollars (a) Any:necessary leave shall be allowed by the head 4 In December;of each year, any accruals beyond' of the department to perrmt any employee to serve as a the'one-hundred twenty day limitation applicable to fire member of a,jury,or to exercise his other,eivil duties.Each department employees not covered;by the Washington employee who is granted such leave,and who,for.the per- State Law Enforcement Officer's and Firefighter's Retire- formance of the civil duties involved,received only com- ment System will be automatically exchanged based upon , , pensation,shall bepaid by the city for the time he is absent the formula of eight hours' pay for each thirty-two hours only in the amount of excess;of his regular salary over the accrued or a percentage thereof for smaller accruals.Such compensation so received pay Will appear on the employee's final paycheck for the (b), Payment for civil leave shall be in accordance year. with the procedure set out in subsection;(B)(3) of YMC 5. Sick Leave Exchange Procedure. Any manage- 2.40.0,30..(Ord 619§"1, 1965',Ord.447.1 4; 1963:Ord.69 ment employee may exchange accrued sick leave as pro- § 1,(part); 1960). - vided in subsection(E)(1), (E)(2)or(E)(3)of this section , , at the option of the employee, subject to the following 2.40.050 Military leave. conditions and provisions: Leave not to exceed fifteen days during each-Calendar • a. A request for such an exchange shall be made to year,over and above annual vacation,'or sick leave,may be the director of finance and budget.All requests shall be in allowed any employee who'is a member of the National writing and shall be signed by the employee making the Guard or of any organized.reserve or.,Armed,Forces of the request, or the legal representative of the estate of the United.States,.Theemployee will be paid his normal pay employee in the event of the death of the employee. during such military-leave„period when taking part in- b. Requests will be accepted only during the first active training duty. The term"days"as used in this sec- five working days of each month with exchanged leave to tion means calendar days. No calendar days shall be be available within fifteen calendar days of the date the charged against the fifteen day military leave period for request is received by the office of the director of finance noriwork days before the beginning or after the'end of any and budget. Exceptions to the above will be made for active militarY leave period.(Ord. 1911 §.1,1976:Ord.69 death,termination,layoff or disability retirement. § 1,(part),,1960).. c. No request will be granted for less than eight hours'pay or a minimum of three days' leave. 2:40.060 Leave without pay. d. No exchange will be granted to an employee who A All leave without pay must be requested and , has been terminated for cause,as defined by civil service. approved by the department head prior to the beginning (Ord. 2005-30 § 1, 2005; Ord. 2003-78 § 1, 2003: Ord. date or such leave. 2001-64 § 1, 2001; Ord. 2000-29 § 1, 2000; Ord.3403 § B. ' .Leave'without pay for more than fifteen working 7, 1991; Ord. 3077 § 1, 1988; Ord. 2153 §§ 6, 7, 1978; days must be.approved in advance by the appointing Ord. 1828 § 1, 1975;Ord. 1614 §7, 1974:Ord. 1381 § 1, authority. 1972;Ord.854§4, 1966:Ord.447§3, 1963: Ord. 69 § 1 C. Leave without pay may be granted to an (part), 1960). employee who has accrued vacation recorded. This sec- tion shall not be construed as forbidding the use of leave 2.40.035 Bereavement leave. without pay as a disciplinary measure. (Ord. 182 § 2, In the event of the death of a member of the immediate 1975: Ord. 1745§7, 1975:Ord. 1614§ 8,,1974: Ord.447 family of a management employee or his/her spouse, the §5, 1963: Ord. 69§ 1 (part), 1960). employee shall be granted up to three days of bereavement C 103 (Yakima 1-07) I 2.40.070 93 2.40.070 Unauthorized absences. must be provided for the convenience or necessity of the Unauthorized absences from duty for three consecutive public on that Monday, the department providing such days shall constitute grounds for discharge at the discre- service may assign an appropriate number of employees to tion of the city manager subject to civil service rules and work and such employees will be granted an equivalent regulations.(Ord.447§6, 1963:Ord.69§ 1 (part), 1960). day off within thirty days of the holiday with such day off to be scheduled for each employee entitled thereto at a 2.40.080 Holidays with pay. time determined by the department head but giving the A. The following days are established as holidays employee the choice of the day preferred if possible. with pay for all eligible employees of the city of Yakima: E. Employees shall receive one day's holiday pay at the first day of January(New Year's Day),the third Mon- the straight time rate for each holiday specified in subsec- day of January(Martin Luther King,Jr.Day),third Mon- tion A of this section on which those employees perform day of February (President's Day), the last Monday of no work;if the employee performs work on a holiday,that May (Memorial Day), fourth day of July (Independence employee shall receive holiday pay plus overtime pay for Day), first Monday of September (Labor Day), eleventh all hours worked, except for employees covered by sub- day of November (Veterans' Day), fourth Thursday of sections I and J of this section. The holiday shall be November(Thanksgiving Day),the day immediately fol- included as"time worked"at straight time for the purpose lowing Thanksgiving Day, and the twenty-fifth day of of determining whether an employee has worked forty December(Christmas). hours in a week. B. In addition to the days specified in subsection A F. When employees below the level of division head of this section, all eligible employees shall be entitled to other than those working on jobs where employees are one paid personal holiday to be selected by the employee scheduled to work in shifts in a service that is rendered subject to the following conditions: seven days per week and twenty-four hours per day are 1. The employee has been or is scheduled to be con- required to work on a holiday,they shall be paid for such tinuously employed for the city for more than six months; 2. The employee has given not less than fourteen calendar days of written notice to the appointing authority; provided, however, the employee and the appointing authority may agree on an earlier date; 3. The appointing authority has approved the day; 4. The day selected does not prevent a department from providing continued public service and does not interfere with the efficient operation of the department; 5. The personal day must be taken during the calen- dar year or entitlement to the day will lapse except when an employee has requested a personal holiday and the request has been denied;and 6. The personal holiday is not taken off immediately before or immediately after another holiday unless approved by the appointing authority. C. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Saturday, the preceding Friday shall be scheduled as a holiday for part of the employees of each city department, and the remaining employees of each department shall be granted another day off within thirty days after any such holiday,with such day off to be scheduled for each employee entitled thereto at a time determined at the discretion of the department manager to be practical so as not to interfere with service to the public, but so as to give the employee the choice of the day pre- ferred if possible. D. Except as provided by subsections I and J of this section, whenever any holiday specified in subsection A of this section falls on a Sunday, the succeeding Monday shall be scheduled as a holiday;provided that if a service (Yakima 1-07) 104 94 2,40.090 work at the rate of time and one-half,in addition to their. secutive except that they may be interrupted.by a lunch:, . . . . . . . ... regular pay:. , ; _ ' . '. ., period which shall not be less than thirty minutes . • , „ . a ,_In the event that a holiday occurs during.a,period:. 3. , Work Shift, Eight.or ten consecutive: hours,of of annual leave of an employee,such holiday shall not be work shall constitute a work.shift,All employees shall be . ,.- . • charged as a day of leave. . ,. , scheduled to work'on,aregular Work,shift, and each work H ..N.o employee shall be paid for a.holiday unless shift shall have:a regular starting and quitting time. such emPloyee.is,in,a pay status both the workday_before ,B,. Workweek—Transit Operators„ The workweek and the workday after such holiciay excePt_foremPloyees,., for transit operators shall consist of forty hoursper caleri- • working special schedules wherein holidays are worked as, dar.week,..A,workday may be either consecutive hours or. wpari:Dfthat:shedule. ,., :. .. ,'''t.: • ' ' ':: ' . ,- : . 't. - . a,!Plit.,shift,'With, assignment to shifts and routes to,-be.. I- In the fire department,holiday leave shall be goY- made on the basis of requests by transit drivers according erned by YMC 2,22.080., ., , , .., , , to their seniority, J. .,, In the police department, an employee shall he C Commencing July 1, 1971, the basic workweek granted time off in lieu of holidays in an amount equal to for,,employees of the police department shall be forty the actual number of holidays enjoyed by other employees hours and the standard Workday Shall'be eighthotirS;pre- duringthe calendar year,The amount of time off in lieu of vided,the chief of the police department may,at any time 1 holidays to be granted during each year shall,b,epomputed• and at his discretion, with the approval of the city mari— each January and Schedulecitobe talcen,:during,thecaleri , agef, schedule duty,shifts-oryy.orkdays„so that certain, 1 dar year The am oum,of time off inj lieu Pf;I:ii? i6-3/s to be employees designated,by the,chief will work ten hours. granted an..employeewitois.ernployed_for,a,partial,cal et17, day,four days a week.(Ord.,2265,§§,5,,6,„197. ;.Ord.,131,7, dar year shall,be,prorated for the period of the calendar §§ 2, 3, 1971; Ord 1203, § 4, 1970; Ord. 980 § 3, 1967: year during which that individual is employed;and. a Ord 854 § 5 1966: Ord. 836 §,1 1966. Ord 447 §"8, deduction shall be taken froM'the salary of any employee 1963: Ord.69 § 1 (part), 1960). who ceases employment and vyhp has,tal'cen,tiine off,in lieu of holidays in excess of the pro rata amount to be 2.40,100. Overtime pay. , granted the employee, by.the provisions of this.section. A. Overtime payment will hp, alloyved' for. 'an Any time„offin.lieu of holidays not taken by,Deperpher, employee below the rank of division.headand police cap- 3 1st of each year shall be forfeited unlessthe cititnanager tan when ordered to work at ifie-raie,of;(ime arid,one,half, C.) extends the time within which such time off may be taken because of an emergency or other unusual circumstances. K. In the event that a holiday falls, orian employee's cers as follows:1 Commencing January 1; 1980,yihen police Offi- . ,, . cers or sergeants are required,to appear in court during regular day off,the employee shall have equal time off to their off duty hours, they shall..be,paid at,a,straighttiine, be scheduled within ninety.days.(Ord.2002-23 § 1,2002: rate.for,sueh time,A minimum of.threc.bpurs per day for Ord. 2178 § 1, 1978; Ord.2062 §§ 1,2, 1977; Ord.2041 court appearance shall be allowed;if Such court appear- 1, 1977,: Ord, 1967 § 1, 1976: Ord. 1848 §§ 1,2, 1975; ance occurs on a day which the, officer is scheduled to . Ord. 1203' §§2, 3,.1970: Ord. 1081, 1968; Ord. 447 § 7, work,but occurs outside of his regularlY,scheduled work- 1963 : Ord. 69 § 1, 1960), ing,hOurs, A minimum of four:hours per day for court appearance shall 'be allowed if,.su0(eoM-t,appearance 2.40.090 Workweek. occurs on a day on which the officer is notscheditied,to . „ . ., A. Workweek Provisions. With the exception of.the work. The.officers shall have the option to take time,off, fire andpolice departments, and transit division and other at a straight time rate, in lieu,of payment,.and„to accumu- jobs which;require special consideration by mutual agree, late such time off to a maximum of twenty-four hours for ment between the employees and the appointing authority, any one officer. , '„ ,„ , the following provisions shall govern the workweek, and 2. Overtime payment may be allowed for division workday and yv ork shifts of employees within the bargain- heads and police captains a the rate of timeand one-half ing unit of the American Federation of State, County and when required to work because of an emergency or Municipal Employees: . unusual Circumstances if approved by the city manager.. 1. Workweek, The workweek shall consist of five 3. Department directors, when reqUired. to work consecutive eight-hour days with two consecutive days overtime in a non-supervisory capacity because',of an • off, or four consecutive ten-hour days with three consecu- emergency determined by the city manager, may be paid tive days off, overtime at.a.straight time rate;:provided,.commencing 2. Workday, Eight or ten consecutive hours of work May 18, 1980; department directors, when required to within a twenty-four-hour period shall constitute a work- work in excess of forty hours during any work week in a day, and the regular hours of work each day shall be con- supervisory capacity because of an emergency or unusual 105 (Yakima 12-12) ! 2.40.110 95 circumstance approved by the city manager, shall be paid employees shall qualify for leave up to twelve weeks if at the rate of time and one-half for such overtime work. they, or a qualifying household or family member, suffer 4. Compensating time off in lieu of overtime/pay,as from a catastrophic illness or injury and all of the recipi- based on the rates provided by this subsection, may be ent's accrued leave is exhausted. taken at a time agreed upon by the department head and C. Definitions. the employee, but may not be imposed by the department 1. "Immediate family member" is defined as those head in lieu of overtime pay upon any employee who has individuals who live in the same household as the not so requested such compensating time off. Compensa- employee and are related by kinship, adoption, domestic tory time off may be accumulated to a maximum of five partnership or marriage;or are foster children certified by working days unless the city manager approves additional the state of Washington. If not in the same household, an accrual because of an emergency or other unusual circum- immediate family member is strictly limited to the stance;provided,however,an employee,who as of Febru- employee's spouse,child or parent. ary 8, 1979,has accumulated compensatory time in excess 2. "Licensed practitioner"includes a licensed physi- of five days,may retain and use that accumulated compen- cian,nurse practitioner, or other licensed health care pro- satory time. fessional. B. Overtime pay for employees, other than fire 3. A catastrophic illness or injury is a severe condi- department personnel,who are paid at a monthly rate shall tion or combination of conditions affecting the mental or be computed by dividing the basic monthly salary by one physical health of the employee or member of the hundred seventy-three and thirty-three one-hundredths employee's immediate family that requires treatment by a and multiplying by a factor of 1.5. licensed practitioner for a prolonged period and that forces C. Fractions of an hour served on overtime duty shall the employee to exhaust all leave time earned and there- be rounded to the next full hour for the purpose of comput- fore results in loss of compensation. ing the amount of overtime. 4. A severe condition or combination of conditions D. Time spent by an employee beyond the normal is one that will result in death if not treated promptly; working day for training classes or travel shall not be con- requires hospitalization for more than seventy-two con- sidered overtime work. secutive hours;or causes a person to be legally declared a E. A minimum of two hours pay at the time and one- danger to him or herself or others. For purposes of this half rate will be paid to an employee who is called to chapter, pregnancy and elective surgery are not consid- return to work after leaving the worksite at the completion ered severe conditions,except when life-threatening corn- of the shift, or called to work on a day off. Such call-out plications arise from them. time shall be counted from the time the employee leaves D. Process for Requesting Leave Transfer. home and until the employee returns home. 1. An employee is eligible to request use of SLT F. Vacation leave,sick leave and compensatory time hours for their documented personal serious medical con- used(and holidays as provided in YMC 2,40.080(E))shall dition. be included as "time worked" at straight time for the pur- 2. SLT hours shall not be used until all personal pose of determining whether an employee has worked sick, annual, compensatory and in-lieu time has been forty hours in a week.Civil leave,military leave and leave exhausted. without pay shall not be included as"time worked."(Ord. 3. A request to use SLT hours requires submission 2709§ 1, 1983:Ord.2421 § 1, 1980;Ord.2400 § 1, 1980; to the human resources manager, with accompanying Ord,2265 § 7, 1979: Ord. 2014 §2, 1976: Ord. 1923 § 1, medical documentation, by the fifteenth of the month. It 1976:Ord. 1614§9, 1974:Ord. 1203 §5, 1970:Ord. 1129 will be forwarded to the city manager for final approval. § 1, 1969: Ord. 854 § 6, 1966: Ord. 613 § 2, 1965: Ord. The medical documentation must include an estimate of 44.7 § 9, 1963: Ord.69 § 1 (part), 1960). the amount of time needed and expected date of return from the accident,illness or injury for which the sick leave 2.40.110 Sick leave transfer(SLT). is being requested. If the medical documentation does not A. The city of Yakima allows eligible management, provide a specific date of return to work,follow-up docu- AFSCME and unrepresented employees to transfer paid mentation must be furnished every thirty days. sick leave to other eligible employees who have exhausted 4. SLT may be requested and granted in increments all other accrued paid leave and stand to lose compensa- of no more than ninety calendar days per request,up to the tion because either they,or their immediate family mem- maximum allowed. If the duration of the event exceeds ber(s),have suffered a catastrophic illness or injury. ninety calendar days, the employee will be required to B. This chapter applies to city of Yakima donor submit another request for SLT, employees in full-time status, who have worked at least 5. If the request is approved,the human resources one year, in good standing with no pending disciplinary office will immediately route a copy to the payroll office actions or history of chronic .absenteeism. Recipient (Yakima 12-12) 106 96 2.40.120 for processing and notification to the employee and super- ees on workers' compensation or other city- or state- visor that the request has been approved. funded disability income insurance., - 6. The human resources manager will coordinate 5. An :employee or supervisor who attempts 'to'> distribution of an email communication soliciting volun- coerce or pressure another employee to transfer or'not tary leave hour donations on behalf of the employee, transfer leave will be subject to disciplinary action. The 7. Requests cannot be retroactively used unless doc- selling or purchasing of leave is-also strictly prohibited: ,', umentation is provided regarding conditions warranting G. Coordination with Other Leave and Benefits. delay in receipt of their request. 1. Annual leave and sick leave accruals will not be E. Conditions for Donating Leave. earned if fifty percent or more of the hours of the month's 1.. Employees who wish..to donate leave to,another compensation,are,from transferred leave. employee must have.a minimum balance of eighty hours 2. Pursuant to WAC 415-108-468,transferred leave of annual leave and/or three'hundred eighty-eight hours of hours are not eligible for Department of Retirement Sys- sick leave remaining following the transfer of leave hours. tems(DRS)service credits, The transfer of compensatory time or in-lieu time does not H. When the employee is absent from work because require a minimum balance remain. of a catastrophic illness or injury,the employee's depart- 2. The minimum amount for each transfer is eight ment head shall require that,prior to the employee's return hours except an employee may donate all or part of their to work, the employee submit a licensed practitioner's personal holiday. written statement that the employee was required to be 3. A donation form, available in human resources, absent from duty because of the condition and the date that 1 must be completed and submitted to the payroll office by the employee is able to return to work.The statement must the twenty-fifth`Of the month. (The funding of the dona- also specify what limitations, if any, exist to the tion will come from the donor employee's division bud- employee's ability to perform his or her essential job func- get. The division budget of the recipient will receive the tions. If limitations exist, the supervisor shall contact the funds.) human resources manager. 4. Once the sick leave transfer has been approved I. The city manager is the administrator of the SLT and processed by finance,it cannot be canceled, program,but may delegate approval authority as he or she 5. The hours transferred to recipient employees by deems necessary. (Ord.2012-20 §2,2012). the employee's spouse, either of their parents, grandpar- ents, brothers, sisters, children or grandchildren will be 2.40.120 Vacation buy-back program. 0" processed prior to those received from other employees. A. Purpose. The city of Yakima's annual vacation 6. Leave hours may be transferred from an buy-back program is provided as an optional benefit for employee's leave balance to an employee approved to use nonrepresented employees who elect to convert accrued donated leave hours at any time prior to the effective date vacation time into an annualized cash value. The goal of of retirement or termination from the city. The donation the program is to improve attendance, increase benefit cannot consist of excess leave that the donor would not be flexibility, create uniformity with existing programs of able to take during the period between the date of the represented employees,and limit accrued financial liabil- request and the donor's anniversary date. ities. F. SLT Usage. B. Applicability. This section is applicable to non- 1. SLT hours may be used consecutively or intermit- represented full and part time employees of the city of tently, up to the total number of hours available in the Yakima who elect to sell back their accrued vacation month. If hours in excess of the number needed for a full hours to the city. paycheck are received they will be held and used monthly, C. Eligibility Criteria. up to ninety days,if needed. (1) Regular full-time and part-time employees may 2. Receiving employees must provide notice to their sell back up to one-third of their annual vacation accrued department head and the human resources manager if leave. there is any change in the circumstances for which the (2) Vacation hours eligible for buy-back are those leave is being taken or if additional leave is needed hours earned up to the one-third maximum, accrued beyond the period covered in the original request. within the preceding twelve-month period. 3. Receiving employees may not use more than (3) No more than one request may be made per calen- twelve weeks (four hundred eighty hours) of transferred dar year. leave per catastrophic event. D. Procedure. 4. A participating employee must not be receiving (1) Employee Responsibility. The employee shall state-funded disability benefits intended to replace all or a request a vacation buy-back form from finance, indicate portion of the employee's income.This applies to employ- their requested hours, and submit the form through their supervisor back to finance. • C) 107 (Yakima 1-]4) 2.40.120 97 (2) Finance Department Responsibility. The finance department will generate a customized leave accrual form, complete the form, and route back to the employee through the employee's supervisor. Finance will process for inclusion in next pay cycle.(Ord.2013-032§ 1,2013). (Yakima 1-14) 108 Chapter 2.44 ment and within all legal regulation of such98 activit2y44. .S010uch representative shall not have any authority to make any LOBBYING BY CITY PERSONNEL statements,:;commitments or promises binding upon the city, but may speak to influence the passage, debt or Sections: amendment of legislation affecting the city in accordance 2.44.010 Declaration of necessity. with the policy or position approved by the city council. 2.44.020 Authorizing employment of (Ord. 1948 § 1 (part), 1976) representative. 2.44.030 Permitted activities of 2.44.040 Payment for services of . representative. representative. :.:; 2.44.040 Payment for services of While engaged in such informational,educational and representative. testimonial activity,,a city,employee shall,continue_ to 2.44.050 Prohibited expenditures. receive his or her,current salary as;:a city,employee. No 2.44.060 Ethical practices and conduct. additional compensation:shall,be',paid or:accrue:to an elected official during his or her term of,office with the 2.44.010 Declaration of necessity. city for such research,informational or lobbying services It is determined by the city council of the city of to this city. An employee or official shall receive reim- I Yakima that the study and collection of information,data bursement for,the reasonable,costs of travel,.lodging,and and opinions on the administrative and enforcement effi- personal meals reasonably,incurred in the course of such ciency and costs attendant therewith and the societal service,in accordance with the city's regular policies,and effecctts_af-proposed, pending or enacted legislation is rates'as to such reimbursement. (Ord. 1948. § 1 (part), necessary for legislative planning or revision, and that a 1976). prompt,informative response to inquiries from legislators and public administrators, and attendance at legislative 2.44.050 Prohibited expenditures. , committee hearings, relating to the effect of legislation No expenditures from city:,funds for the hosting,enter- on municipal finances, services and authority, is neces- tainmentor campaign,assistance of.anyvlegislator or state sary and helpful to the legislator in the enlightened per- officer shall.be authorized,expended or reimbursed.(Ord. formance of the legislative function and serves the best 1948 § 1 (part), 1976). interests of the citizens and the public,and is declared to be a municipal purpose. (Ord. 1948 § 1 (part), 1976). 2.44.060 Ethical practices and conduct. The city's employee or representative in such informa- 2.44.020 Authorizing employment of tional or lobbying activities shall comply fully with all representative. state regulations relating to ethical practices and conduct, The city manager of the city of Yakima is authorized and comply with all regulations relating to the reporting to designate city employees,or representatives to collect, of expenditures in connection therewith. (Ord. 1948 § 1 accumulate and analyze information concerning the effect (part), 1976). of enacted legislation or the anticipated effect of proposed or pending legislation; to consult with employees or representatives of other municipalities or counties and associations thereof; to respond and provide data and information and give testimony to state legislators,legis- lative committees, state administrative officers, or other municipalities investigating the city's experience or antic- ipated costs, benefits or problems from such enacted or proposed legislation. (Ord. 1948 § 1 (part), 1976). 2.44.030 Permitted activities of representative. In all matters in which an official, staff employee or other representative appears on behalf of the city, such representative shall observe, carry out or support the known relevant policies of the city council and shall consult the city manager or the city council for advice and guidance when required. All such informational activity shall be conducted with prudence and good judg- 109 2.45.010 gg Chapter 2.45 PERSONNEL EXAMINATION FEE Sections: 2.45.010 Fee imposed—Collection— Exemptions. 2.45.010 Fee imposed—Collection— Exemptions. A. Fee Imposed. There is imposed a nonrefundable fee payable by every person who applies to take any examination, other than a promotional examination, for any position with the city which falls within any of the city's civil service systems. The fee shall amount to the pro rata cost, determined by the personnel office, which the city pays a source other than city employees and agents for preparing,supplying and grading the examina- tion. B. Collection.Except as provided in subsection C of this section, the fee shall be paid to the personnel office at the time application is made to take any such examina- tion;and any applicant who fails or refuses to pay the fee shall be ineligible to take the examination. C. Exemption. Any applicant found by the personnel officer to be unemployed at the time of making applica- tion for the examination shall be exempt from paying the fee imposed by this chapter. (Ord. 2969 § 1, 1986; Ord. 2500 § 1, 1981). 110