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HomeMy WebLinkAboutR-2025-177 Resolution authorizing a collective bargaining agreement for 2026-2027 with the International Association of Firefighters (IAFF) Local 469 Bargaining UnitA RESOLUTION RESOLUTION NO. R-2025-177 authorizing the City Manager to execute a collective bargaining agreement for 2026-2027 with the International Association of Firefighters (IAFF) Local 469 bargaining unit. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Firefighters represented by the IAFF Local 469 resulting in the attached proposed collective bargaining agreement for 2026 through 2027; and WHEREAS, the IAFF members have voted in favor of the attached proposed collective bargaining agreement; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to settle collective bargaining in accordance with the terms and conditions of the attached collective bargaining agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Collective Bargaining Agreement between the City of Yakima and IAFF employees. 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 181h day of November, 2025. A I I EST: osalinda Ibarra, City Clerk 3 Patricia Byers, Mayor COLLECTIVE BARGAINING AGREEMENT by and between CITY OF YAKIMA and YAKIMA POLICE PATROLMAN'S ASSOCIATION Effective January 1, 2024 through December 31, 2026 Table of Contents ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT 3 ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES 3 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS 4 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 16 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 25 ARTICLE 23 - SICK LEAVE 27 ARTICLE 24 - TRANSPORTATION 33 ARTICLE 25 - TRAVEL AND TRAINING TIME 31 ARTICLE 26 - GENERAL, SPECIAL AND PERSONNEL ORDERS 31 ARTICLE 27 - ADVANCE NOTICE OF SHIFT CHANGE 31 ARTICLE 28 - IMPROVED PERFORMANCE AND EFFICIENCY 32 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 33 ARTICLE 34 - OFF -DUTY EMPLOYMENT 33 ARTICLE 35 — LAYOFFS 34 ARTICLE 36 — POLICE CORPORALS 35 ARTICLE 37 - DURATION 36 Appendix A — Yakima Police Department Patrol Blue/Gold Team Schedule Appendix B — City of Yakima Administrative Policy 1-1800 Controlled Substance and Alcohol Use 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) Appendix F — City of Yakima Administrative Policy 1-1900 Travel Reimbursement -2- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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 conceming 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. -3- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS Section 1 - Association Membership Each employee within the bargaining unit is eligible to become and remain an Association member. However, active Association membership shall not be open to those employees of the Yakima Police Department permanently appointed to the positions excepted from the bargaining unit by Article 1 of this Agreement. In the event an Association member is permanently appointed to any position excepted from the bargaining unit, active Association membership shall thereupon be closed to him/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 pursuant to RCW 49.60.030. 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. -4- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 Section 2 The Association shall submit to the City Manager and the City Manager shall submit to the Association a written proposal for any changes in matter pertaining to wages, hours, or working conditions desired for the successor contract. The written proposals of the Association shall be submitted no later than the first business day of July of the last year of the agreement and the City's proposal shall be submitted within ten (10) business days of receipt of the Association's proposal. The Association's receipt of the City's proposal shall be considered the formal commencement of negotiations. The Association and the City shall follow the collective bargaining procedure set forth in RCW 41.56, unless they mutually agree to waive said procedure in whole or in part. Commencement of mediation or arbitration as therein provided shall not prevent the parties from entering into negotiations seeking to resolve any differences during the pendency of mediation or arbitration. Any agreements reached 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. YPPA Collective Bargaining Agreement _ Final January I, 2024 — December 31, 2026 (d) The Association may initiate or process grievances with or without the consent of an individual employee. (e) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree. In the event the grievance relates to discipline greater than a verbal reprimand, the parties agree to forego the initial steps and file the grievance directly with the Chief of Police. (f) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Failure of either party to meet the time limit or extended time limit for responses or appeals shall render the decision in favor of the other party. (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 -6- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 forty-five (45) calendar days. If the grievance is delegated to a Designee, such designation shall be acknowledged in the written response. (d) Arbitration The Association shall notify the City Manager within forty-five (45) calendar days of the date the City Manager issues his/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. Arbitrator selection for discipline grievances shall conform to State law. 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 bome 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 -7- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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: (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: -8- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 (a) Establish, plan for, and direct the workforce toward the goals of the City with regard to police services. (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. (j) 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. -9- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 The employee will be required to answer any questions involving non -criminal matters under investigation. Prior to any questioning, the employee will be notified in writing and acknowledge receipt of the following: "You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding." Section 1 - Discipline and Discharge All discipline must be based upon just cause. Any discipline shall be imposed in a manner least likely to embarrass the employee before the public or other employees. Any disciplinary action imposed upon an employee may be the basis for a grievance through the regular grievance procedure. Disciplinary actions or measures shall include the following: 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 forty-eight (48) hours before any interview of the employee begins. The affected employee may waive the requirement to wait forty-eight (48) 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. -10- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 (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 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 intemal 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. -11- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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 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 Dav 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) -12- YPPA Collective Bargaining Agreement _ Final January I, 2024 — December 31, 2026 years, provided that if an employee's personnel record indicates a pattem of similar types of discipline, all such records may be retained until a period of three (3) years has elapsed during which there has been no further disciplinary action for the same or similar behavior. Records retained in an employee's Department personnel file longer than provided in this section shall be inadmissible in any proceedings concerning disciplinary action of that employee. 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. (j) Drug Testing See attached Appendix B, the City of Yakima's current Administrative Policy 1-1800 Controlled Substance and Alcohol Use. (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 1,2024 the base wage shall be increased by 4.25%. Effective January 1, 2025 the base wage shall be increased by 4.0%. Effective January 1,2026 the base wage shall be increased by 3.75%. The top step Corporal monthly wage will be established and maintained at 7% above the top step Police Officer monthly wage. Effective 1/1/2024: The top step Sergeant monthly wage will be established and maintained at 16.5% above the top step Police Officer monthly wage. -13- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 Effective 1/1/2025: The top step Sergeant monthly wage will be established and maintained at 17% above the top step Police Officer monthly wage. Effective 1/1/2026: The top step Sergeant monthly wage will be established and maintained at 17.5% above the top step Police Officer monthly wage. Section 2 — Policy for Pav Steps The following shall be the general policy with respect to the use of the pay steps within salary ranges: (a) The minimum rate of pay for a class shall be paid to any person on his original appointment, except appointments at a salary rate above the minimum may be authorized by the appointing authority when necessary to fill positions in "shortage" occupations or when necessary to recruit applicants with exceptional qualifications. Lateral hires with 2 years of more of experience (after the academy) within the last 3 years shall be appointed at step C. (b) The basic salary range shall consist of five steps to be known as Steps -A, B, C, D, and E. An employee, shall normally be advanced to the next higher step six months after the 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. 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. -14- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 1 If the rate of pay of the employee in the higher class is above the maximum salary for the lower class, the employee's rate of pay will be decreased to the maximum rate of the lower class. 2. If the rate of pay of the employee in the higher class is within the pay range of the lower class, the employee's rate of pay shall be reduced to the next lower pay step in the range. Section 4 - Longevity Commissioned Police Officers, 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 At least four (4) years and Tess than nine (9) years At least nine (9) years and less than fourteen (14) years At least fourteen (14) years and less than nineteen (19) years At least nineteen (19) years and less than twenty-four (24) years Twenty-four (24) years or more Section 5 - Longevity Payment at Termination Longevity Compensation 1.5% of base monthly salary 3.0% of base monthly salary 5.5% of base monthly salary 6.0% effective 1/1/2025 7.0% of base monthly salary 8.0% effective 1/1/2025 10.0% of base monthly salary (a) Upon termination of employment of anyone entitled to longevity pay, such person shall receive a longevity payment, according to the above schedule, for the number of months of eligibility served by such employee from the date on which the immediately previous longevity payment was made. Such payment shall not be made for fractions of a month, and if termination of employment occurs on or before the fifteenth day of any month, that month shall not be counted as one for which longevity pay is to be made, and if termination of employment occurs after the fifteenth day of any month, that month shall be counted as one full month for which longevity pay is to be made. (b) No longevity pay shall be paid to any employee who is discharged from employment for disciplinary reasons. (c) Employees covered by the Washington State Law Enforcement Officers' and Firefighters' Retirement System who terminate their employment after disability leave and are placed on disability retirement shall receive longevity pay for the period of disability leave as provided in Chapter 41.26 of the Revised Code of Washington. Section 6 — Direct Deposit Direct deposit shall be allowed to a banking institution of the employee's choice. -15- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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: A Squad 0630-1710 B Squad 1000-2040 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 -16- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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. 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 Sergeant/Lieutenant, 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. -17- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 (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. 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 1/2), provided that Community Service Officers and Narcotics Investigators shall be compensated at the overtime rate only when hours are worked in excess of the regularly scheduled work week. (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. -18- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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. ARTICLE 13 - VACATIONS Police Officers, Corporals and Sergeants shall be granted annual vacation as follows: After one (1) full year of employment After two (2) full years of employment After five (5) full years of employment After ten (10) full years of employment After fifteen (15) full years of employment After twenty (20) full years of employment After twenty-five (25) full years of employment 7.42 hours per month (Forty (40) hours may be taken after six months of employment) 8.75 hours per month 10.75 hours per month 14.08 hours per month 16.08 hours per month 16.75 hours per month 17.42 hours per month Section 1 — Lateral Vacation Accrual New laterally hired officers who meet the requirement in the Police Officer (Lateral) Job Classification and are hired as a lateral officer 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. -19- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 (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. (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 -20- YPPA Collective Bargaining Agreement _ Final January I, 2024 — December 31, 2026 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 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 Eaual 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. (a) ARTICLE 16 - HOLIDAYS WITH PAY Members of this bargaining unit shall receive a bank of one hundred four (104) hours on January 1, of each calendar year. (Thirteen holidays: 11 observed and 2 personal) 1. The following shall be recognized as observed holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Juneteenth Independence Day Labor Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May June 19 July 4 1st Monday in September -21- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 Veterans' Day Thanksgiving Day Day after Thanksgiving Day Christmas Day November 11 4th Thursday in November 4th Friday in November December 25 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 seventeen (117) hours, officers assigned to ten (10) hour shifts shall receive one hundred thirty (130) hours, and officers assigned to the ten (10) hour forty (40) minute shift shall receive one hundred thirty-eight point seven one (138.71) 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 conceming 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 -22- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 Due to HB 1240 (effective April 24, 2023) restricting the purchase of AR-15 rifles by individual officers, the City and YPPA agree the City may purchase AR-15 rifles for use by sworn department employees. Each AR-15 rifle will come equipped with a sling, Tight and two high -capacity magazines. Officers may choose to add additional equipment to the rifle at their expense and after following the employee firearm registry procedure. Priority shall be given to officers that don't wen their own AR-15 rifle. Should HB 1240 be overturned during the duration of this agreement, the City and YPPA agree to revert to the Memorandum of Understanding (MOU) covering the acquisition of AR-15 rifles for employees electing to purchase such rifles. 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: For employees with two dependents: For employees with three or more dependents: -23- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 0.5% of wages 1.0% of wages 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 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 attomey's fees and costs associated with an appeal unless the appeal reverses a conviction in which case the City will reimburse the officer for attomey'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 attomey 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 altemative, become self -insured for such -24- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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. Section 3 - Field Training Officers Upon execution of this 2024-2026 agreement, Police Officers appointed as FTO's and assigned to orient and train newly hired uniformed officers and Sergeants appointed as FTO's assigned to orient and train newly hired uniformed Sergeants for a minimum of four (4) days within a month and complete the daily training report or equivalent for those days shall receive a payment, for that month, of five percent (5%) of their current base pay over and above their normal rate of pay. Officers or Sergeants assigned such duty for periods of less than four (4) days 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 following: Criminal Investigative Division Members assigned as Detectives, Narcotics Investigators, or to any Interagency Task Force shall receive in addition to their regular salary for each full month in such assignment: 2024 3.0% of their current base pay 2025 — 4.0% of their current base pay 2026 — 5.0% of their current base pay Gang Unit Members assigned to the Gang Unit shall be paid five percent (5.0%) of their current base pay in addition to their regular salary for each full month assigned to the Unit. PROAC Unit Members assigned to the PROAC Unit shall receive in addition to their regular salary for each full month assigned to the Unit. 2025 - 4.0% of their current base pay 2026 — 5.0% of their current base pay Traffic Unit Members assigned to the traffic unit (includes motorcycle duty) shall be paid six percent (6.0%) of their current base pay in addition to their regular salary. Investigative stipends shall be inclusive of all other differentials i.e. shift differential, etc. 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 -25- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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: BA Degree: 2.0% of their current base pay for that month 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 Pav (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. Section 7 — American Sign 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 - Acting Pav 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 9 — Shift Differential Pav 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. -26- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 Shifts starting between 0500 and 0859: Shifts starting between 0900 and 1459: Shifts starting between 1500 and 1859: Shifts starting between 1900 and 0459: No differential pay 1% of current base pay 1.75% of current base pay 2.25% of current base pay Any Patrol officer involuntarily reassigned from a bid -for shift, for other than disciplinary transfers, shall be entitled to whichever shift premium is greater between the bid -for shift and the reassigned shift. Section 10 — Notice of Specialty Openings Notice of all openings for specialty positions will be posted. Section 11 — 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 12 — 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 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.) 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 -27- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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; (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) A statement by the attending physician may be required if an absence by illness or injury extends beyond three (3) working days. (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. -28- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 (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 retum 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. 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 up to the maximum amount of $30,000 for officers or $35,000 for Sergeants upon execution of this 2024-2026 agreement. 2. 3. 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. 4. For members covered under this agreement, 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 $30,000/$35,000but in no case shall such payment exceed $30,000 for officers or $35,000 for sergeants upon execution of this 2024-2026 agreement. (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: -29- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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 $30,000 for officers or $35,000 for sergeants upon execution of this 2024-2026 agreement. 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 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 Payroll Administrator 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 Payroll Administrator. 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. -30- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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; (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 a per diem per current City Administrative Poli Reimbursement upon execution of this 2024-2026 agreement. -1900 Travel and 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 -31- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 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. 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 6.0% of said monthly salary. Effective 1/1/2026: Each bargaining unit member is eligible for an additional one percent (1%) deferred compensation match. Members are required to contribute an additional one percent (1%) to -32- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 earn the match. Appropriate paperwork must be received in Payroll prior to the 15th of each month for it to be effective for the upcoming payday. 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 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. -33- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 (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. Section 4 - Scheduling Off-Dutv 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-Dutv 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; -34- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 (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. (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, otherthan 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. -35- YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 31, 2026 ARTICLE 37 - DURATION This agreement shall be effective on January 1, 2024 and shall continue through December 31, 2026. Executed by the parties hereto this 18th day of November, 2025. Yakima Police Patrolman's Association By: Secretary of YPPA YPPA Collective Bargaining Agreement _ Final January 1, 2024 — December 3I, 2026 City of Yakima CITY CONTRACT N ATTEST: City Clerk -36- APPENDIX A 7 DV Y17 NTERNA YAKIMA POLICE DEPARTMENT SHIFT ROSTER CHIEF OF POLICE SHAWN BOYLE - YST1 AFFAIRS OFFFICE SGT EINAR AGLEDAL Y35 1 Cordova, Jon Y78 2 Helms, Zach Y83 3 Escamilla, Cesar Y89 4 Deloza, Gonvo Y90 5 Diaz, Dulce Y64 6 Hansen, Joel Y101 7 Meyers, Nellie Y131 8 Heiner, Colbey 5 Y151 9 Vela, Mario Y143 10 Marquez, Sergio Y153 11 Rodriguez, Josue Y180 6 7 P lgs, Casey kham„ Kyl h k Y72 AD t4IN CAPTAIN AD CAPTAIN JAY SEELY YST4 PATROL ISM - c4Pwu C HAD ; AN S -irk 3EREMY SOPTICH SGT THOMAS GARZA 1 McKinney, Mark K9 Y82 2 Sargent, Harrison UAS Y157 3 Franz, Stefan UAS Y170 4 Lombardi, Nicholas Y178 5 Campos, Michael Y181 6 Morin, Riley S Y186 7 Leaverton, Sean Y191 8 Larlos, Fabricio Y61 9 Bullock, Walter Y197 10 Kent, Michael P Y125 11 Rosales, April P Y106 Y23 , SGT KEVIN CAYS Y26 1 Althauser, Brad K9 Y118 2 Henderson, Les 5 Y146 3 Alte, Dylan Y194 4 Marcellus, Jason UAS Y175 5 Partida, Alex Y169 6 KornerJay, D 7 Cahue. Vans ©lineusr, Kyl LIEUTENANT TORY ADAMS Y14 Y161 4 !livers, Aureliano Y71 6 Hub e Y107 Y70 Y119 Daman Y84 9 He Erin Y179 7 Reynolds, Richard 0 Scha n, Tyl Y 0 n Francisco P 8 Garcia Brito, 0 Y9 e Y76 Rosenbu e Y154 9 Frank, Caden Y14 2 ams, Danu ke, Ja OF Y127 Y1.4 cK€n 2 Althau K9 Y K9 Y c H PATRICK SCHAD olineux, Josh n. C Jon Y34 ersox, Frank Y63 Y135 ` 2 Urirt, Chad Y88 Y149 Y n Y Y160 A 0 UN PERTYCI T, DVU OAH JOHNSON Y30 T MARK GRO Y ERIC JONES 27 RYA N YAT Y Y Y100 Y97 rin DV Y67 2 Gronevra 3 Hinton, Luk Y140 2 tsuihtsa, Pete Dunmore, Brock Y147 Y 2 Jordan Y Y14 2 0 d. C DV Y79 ; Y198 4 Ayon, Isaac Y159 4 Gllle y Y10 VOT n, Michael D-K9 Y156 Stevie, S Y 6 P n, Thoma Y162 Perez, Eric A Y93 12 4 Mendoza, Me ON G TER k Y 4 Built ck, Walter Y197 APPENDIX B CITY of a/ex:met ADMINISTRATIVE POLICIES DEPARTMENT: Human Resources EFFECTIVE DATE: 1111912024 SUPERSEDES: 111112021; 111012020; 0411312018; 04/1712009; 12/1412010; 06101/2016 REISSUED POLICY NUMBER: 1-1800 FORMER POLICY NUMBER: HR 600 AUTHORIZED BY: City Manager / HR Director REISSUE DATE: 11119/2024 POLICY: CONTROLLED SUBSTANCE AND ALCOHOL USE PURPOSE The purpose of this policy is to ensure the health, welfare, and safety of City employees, as well as the citizens whom they serve, and to comply with federal mandates regarding controlled substance and alcohol use in the workplace. In keeping with this mission, under the City of Yakima's authority all employees are subject to the parameters of the Department of Transportation's testing for reasonable suspicion. SCOPE AND APPLICABILITY This policy applies to all permanent and temporary employees of the City of Yakima, as well as, any applicant applying for a position with the City. It is a condition of employment that all employees abide by the terms of this policy. POLICY It is the policy of the City of Yakima to provide a work place free from controlled substances and alcohol use for its employees. Counseling and support will be made available through an Employee Assistance Program (EAP), and the employees' right to privacy will be respected at all times. The City of Yakima has developed and adopted this Controlled Substance & Alcohol Use Policy to comply with the Drug Free Workplace Act of 1988. ADMINISTRATION The City's Human Resources Department is responsible for taking the necessary steps to ensure employees, supervisors, managers, and City officials comply with this policy. SAVINGS CLAUSE It is understood that all provisions of this policy are subject to applicable Federal, State, and Local laws, and if any provision of any section of this agreement is found to be in conflict therewith, said provision shall be void. However, such invalidity shall not affect the remaining sections of this policy. PROCEDURES Education and Training The City of Yakima will provide education and training according to the following schedule: As part of the on -boarding process, new employees will be directed to review and provide electronic acknowledgement of this policy. Annually, all employees will receive a minimum of 60 minutes of training on the effects and consequences of controlled substance and alcohol use as it relates to personal health, safety, and the work environment. The training should also include common signs and symptoms that indicate controlled substance and alcohol use. Annually all supervisors will receive two (2) additional hours of training specific to substance and alcohol use. The supervisor training will cover the physical, behavioral, and performance indicators of probable alcohol misuse and controlled substance use. Employees who do not comply with this mandatory training requirement will receive an "Unsatisfactory" rating on their annual evaluation. Supervisors are expected to ensure their work groups comply with this training requirement, failure to do so may result in an "Unsatisfactory" rating on their annual evaluation. their annual evaluation. Prohibited Substances Use of controlled substances or drugs identified in the Drug -Free Workplace Act of 1988 or any drug / substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace except as specifically described below. This includes, but is not limited to: marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. The City of Yakima will apply Department of Transportation guidelines found in the Code of Federal Regulations 49 part 40 to all staff covered by this policy and thus any employee may be tested for these drugs just before, during or just after duty, subject to the specific Collective Bargaining Agreements. 1. Marijuana The personal use of marijuana is permitted by Washington state statute for recreational and medical use. However, federal law still prohibits the use and possession of marijuana. Employees need to be aware that use of marijuana in any form (recreationally or for medical purposes) is prohibited by this policy. The medical use of marijuana or the use of hemp related products that cause drug or drug metabolites to be present in the body is a violation of this policy even if prescribed for medical purposes. a. CBD products can contain THC and result in a positive test for drug metabolites. The City will not guide employees who choose to use such products. Our drug testing policy is mirrored off of the DOT/FTA/FMCSA drug screening guidelines. All positive drug tests will be treated the same. 2. Alcohol The use of beverages containing alcohol (including any mouthwash, medication, food, candy) or any other substances such that alcohol is present in the body while performing job functions is prohibited. Under the City of Yakima's authority, when reasonable suspicion exists, an alcohol test can be performed any time an employee is on duty. Prescription Drug Use Except for marijuana, prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to determine whether the medication may interfere with the safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees, or the public, it is the employee's responsibility to use appropriate personnel procedures: notify their supervisor — notification does not need to include the specific medication or condition which necessitates the medication use their personal leave accrual request a change of duty provide a written release from his/her doctor or pharmacist indicating the employee can perform his/her safety- sensitive functions The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of this policy to intentionally misuse and/or abuse prescription medications. Failure to report the use of such drugs, or failure to provide proper evidence of medical authorization may result in disciplinary action up to and including termination. Employee Rights and Responsibilities 1. All employees are required to immediately report to a supervisor any illegal drug, drug paraphernalia, or alcohol that is discovered during the course of a normal work day. This report shall ensure the employee notifies of the discovery and the items are properly disposed. 2. Any voluntary request by an employee for assistance with his/her own controlled substance and/or alcohol use problem will remain confidential and shall not be used as the basis for any disciplinary action, provided the request for assistance is initiated prior to a controlled substance and/or alcohol use related on-the-job incident or a positive controlled substance and/or alcohol test. 3. Any employee who observes or has knowledge of another employee in a condition which impairs his/her ability to perform job duties or poses a hazard to the safety and welfare of others shall promptly report the incident to his/her immediate supervisor. 4. An employee who is the subject of a reasonable suspicion controlled substance and/or alcohol use investigation, shall be entitled to have a union representative or other individual of his/her own choosing accompany them to the testing facility, provided that such request for an observer does not cause an unreasonable delay. 5. An employee or applicant who wishes to challenge a positive controlled test must do so within 72 hours of notification of the positive result. The employee or applicant must notify the Medical Review Officer (MRO) that he/she wishes to challenge the test result. The re -test must be processed at a Department of Health and Human Services certified laboratory. The City will be responsible for seeking reimbursement from the employee for the costs necessary for the re -test, if the test results are the same. 6. It is the employee's responsibility to inform their health care professional oftheir job duties and have the physician determine whether or not the prescribed drug may impair their mental/motor function or job performance. The employee mustdisclose the use of such drugs to their supervisor or Human Resources and provide a written release from a medical professional indicating the employee can perform their job duties. 7. In the event of a failure of a controlled substance and/or alcohol use, the employee will be contacted by the MRO to determine if there is a medically valid reason for the failure. If a medically valid reason exists, the MRO may request the employee have their prescribing physician contact the MRO. The employee will have five days to comply with this request; failure to do so may result in a verified positive result. 8. It is the responsibility of the employee to remove themselves from work if they are experiencing any adverse effects from medication. 9. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify the Human Resources Director no later than five days after such conviction. Prohibited Acts 1. No employee shall report for duty or remain on duty while under the influence of controlled substances or having an alcohol level of .02 or higher or having consumed any other substance which impairs an employee's mental or physical capacity. 2. No employee shall use a controlled substance or consume alcohol during their work day. 3. No employee shall report to work within four (4) hours after using alcohol. 4. No employee shall unlawfully manufacture, distribute, dispense, use or possess a controlled substance, drug paraphemalia or alcohol in the work place. 5. No employee shall refuse to submit to or willfully interfere with any controlled substance and/or alcohol test required in accordance with this policy. Any employee providing a urine specimen that is determined to be dilute will be required toprovide another urine specimen. Under City of Yakima authority, a second dilute sample can result in discipline up to and including termination. 6. No employee shall fail to attend and/ or cooperate in a treatment plan when required in accordance with this policy. 7. No employee shall be permitted to work following an alcohol test result indicating a concentration of 0.02 or greater but less than 0.04 until eight (8) hours following the administration of the test or the start of the employees next regularly schedule shift (but not less than 8 hours following the administration of the test) 8. No employee who is "on -call" shall use a controlled substance or consume alcohol during the specified on -call hours. The supervisor shall provide the employee an opportunity to acknowledge the use of controlled substances or alcohol at the time they are called to report for duty. o If they acknowledge the use ofcontrolled substances and/or alcohol at the time they are called to report for duty, they shall not be allowed to report and may be subject to discipline. Searches of City -Owned Property The City reserves the right to search, without employee consent, all City -owned property, and any property or area jointly or fully controlled by the City when reasonable cause exists to believe the search will reveal evidence of violation of this policy. Voluntary Self -Referral Any employee who has a drug and/or alcohol abuse problem and has not been notified of the requirement to submit to reasonable suspicion testing or has not refused a drug or alcohol test may voluntarily refer her or himself to the Director of Human Resources. The Human Resources' staff will assist with referral information for substance abuse counselor and the interactive process to determine if temporary accommodations and medical leave are necessary. The use of counseling through the Employee Assistance Program (EAP) shall be authorized as outlined in the Employee Assistance Program Administrative Policy1-600. The costof treatment/rehabilitation shall be covered to the extent possible by existing labor contracts and the applicable health benefit plan. Reasonable Suspicion Testing The City of Yakima supports and maintains a drug free work environment to provide for the health and safety of its employees as well as the community we serve. To meet that objective, any City of Yakima employee may be required to undergo a controlled substance and/or alcohol test when reasonable cause exists to believe the employee is under the influence of a controlled substance or alcohol and the steps outlined in the Supervisor's Reasonable Suspicion Report are followed. The decision to conduct a controlled substance and/or an alcohol usetest shall be made only after consulting with the supervisor's department head or the department head's management level designee. Observation of Behavior/Determination to Test When a supervisor is notified or suspects an individual may be in violation of this policy, the supervisor must: • Observe the behavior of the individual and complete the Reasonable Suspicion Report • If reasonable suspicion exists, and time allows, attempt to contact another supervisory level observer, for a second opinion. • Notify the department head. • If it is determined that reasonable suspicion exists, escort the employee to an area where a • conversation with the individual can be held in private and inform the employee of your determination to test. • Call Deyion Lizotte in HR, 509.576.6603 and advise her that you taking the employee for a random test. • Escort the employee to Healthy Worker, 307 S 12th Ave, Yakima. • The employee is allowed union representation; however, the union representation cannot cause a delay in the completion of the test. • Advise the employee that he/she has the right to request additional samples of urine and/or blood be collected at his/her own expense. Testing Results The employee can be tested for alcohol, completed by a breath test, or for controlled substances, completed by urinalysis, or both. The results of an alcohol test will be immediately known; results of controlled substances may take up to 72 hours. If the employee has a positive alcohol test: • Notify Deyion Lizotte at 509.576.6603 • Transport the employee home If the employee has a negative alcohol test: • The employee may retum to work If the employee is being tested for controlled substances, they must be escorted home after the test to wait for the results. Discipline Under the City of Yakima's authority, any employee who tests positive for controlled substances or has an alcohol test result (BAC) at or above 0.02 or refuses to test, the employee shall be immediately transported home, utilizing personal accruals. The circumstances surrounding failures are individualistic and require HR staff to work with the employee and supervisory staff to provide guidance and direction. During this timeframe the employee will be provided notification procedures which shall remain in effect for the duration of the investigation. Any disciplinary action for violations of this policy will be imposed up to and including termination and shall be in accordance with applicable Labor Agreements, City Administrative Code, and Civil Service Rules and Regulations. All established grievance procedures shall apply. Treatment The City of Yakima recognizes the value of trained, experienced employees, and, to the extent treatment and rehabilitation are effective, the employee should pursue those avenues prior to a disciplinary action occurring. The City offers paid sick leave, as well as a robust benefit package that includes the use of counseling and rehabilitative services pursuant to coverage limitations and in accordance with the terms of its benefit programs. The use of counseling through the Employee Assistance Program (EAP) shall be authorized as outlined in the Employee Assistance Program Administrative Policy 1-600. The cost of treatment/rehabilitation shall be covered to the extent possible by existing labor contracts and applicable health benefit plan. As required by the Federal Drug Free Work Place Act of 1988, within 30 days of the City receiving notice that an employee has been convicted of violating a criminal drug statute in the work place, the City will eithertake appropriate personnel action up to and including termination or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved by a federal, state, or local health, law enforcement, or another appropriate agency. Testing Procedures All alcohol and controlled substance testing shall comply with DOT's Procedurefor Transportation Workplace Drug and Alcohol Testing Programs, 49 CFR Part 40. These procedures are designed to ensure the accuracy and integrity of the test results and include screening tests, confirmation tests, chain of custody safeguards, and appropriate privacy and confidentialityprotections. Controlled substance testing will normally be performed by urinalysis at a test laboratory certified by the U.S. Department of Health & Human Services ("DHHS"). The test involves an initial screening performed by the enzyme multiplied immunoassay test ("EMIT"). Any positive test is then confirmed by a second test of the same sample by Gas Chromatography/Mass Spectrometry ("GC/MS"). The City's designated MRO shall receive and interpret test results and report them to the City. Prior to reporting a positive test result, the MRO shall give the employee an opportunity to provide a medically valid reason for the positive test. Upon receipt of valid documentation, the MRO may further request the employee to have their prescribing physician contact their office; if requested the employee will have five (5) days to comply. If the employee meets with the MRO and fails to present information affecting the test result, or if the employee refuses to meet with the MRO, or if the five (5) day window passes, the MRO will verify a positive test result. Once verified, the MRO will inform the City's Human Resources Director or the City's Designated Employee Representative (DER) on a confidential basis that the employee tested positive. The MRO will also inform the employee at the time the test result is verified that he or she may request a "re -test" within 72 hours. Upon request, the employee shall be given a copy of the positive test results. The City will seek reimbursement from the employee for the costs necessary to perform the re -test, if the test results are the same. Alcohol testing will normally be performed by a trained breath alcohol technician ("BAT") utilizing an evidential breath testing device ("EBT"). Testing will take place at a site designated by the City. The BAT will inform an employee of the EBT results at the time of testing. If the screening test shows an alcohol concentration of greater than 0.02, a confirmation test will be conducted within 20 minutes of the screening test. If the confirmation test shows an alcohol concentration of 0.020 or greater, the BATwill show the employee the printed test results and shall notify the City's DER, of the test results. In limited situations, such as where it is not possible to test by urinalysis or EBT, blood tests may be utilized to test for the presence of substances. If the blood test is utilized, the employee will normally be notified of the results by the MRO. An employee may make a written request for re -test of a test sample within 72 hours of receiving the test results. The City will seek reimbursement from the employee for the costs necessary to perform the re- test, if the test results are the same. Records Retention The City is required to maintain a number of records regarding controlled substance and/or alcohol testing. 1. The following records shall be maintained permanently in the employee's personnel file: a. Alcohol tests results indicating an alcohol concentration of 0.02 or greater; b. Verified positive controlled substances tests; c. Documentation of refusals to take required controlled substance and/or alcohol tests; d. EBT calibration documentation; and e. Documentation of employee evaluations and referrals by SAPs, as related to disciplinary actions. 2. Records related to controlled substance and/or alcohol collection process and training shall be maintained for a minimum of two years. 3. Records of negative and canceled controlled substances tests and alcoholtests indicating an alcohol concentration of less than 0.02 shall be maintained for a minimum of one year. DEFINITIONS For the purpose of this policy, the following terms have the meanings indicated: Alcohol— the intoxicating agent in beverage alcohol, ethyl alcohol, and/or other low molecular weight alcohol including methyl and isopropyl alcohol. Alcohol Concentration/Content —the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. Alcohol Test— a test conducted by a Breath Alcohol Technician (BAT), or any other person approved by the Department of Transportation rules, using an Evidential Breath Testing Device (EBT) to measure the amount of alcohol concentration in a volume of breath; provided, however, that a blood alcohol test may be used instead of a breath test when an employee is unable to provide a sufficient amount of breath or a BAT is not readily available. Alcohol Use — the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Breath Alcohol Technician — an individual who instructs and assists individuals in the alcohol testing process and operates EBT devices. Confirmation Test — For alcohol testing, a confirmation test means a second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration. For controlled substances testing, a confirmation test means a second analytical procedure to identify the presence of a specific controlled substance or controlled substance metabolite 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. Controlled Substance — substance whose dissemination or use is controlled by regulation or statute, including, but not limited to alcohol, narcotics, depressants, stimulants, hallucinogens, and cannabis. (Controlled substances include cocaine, marijuana, opioids, amphetamines, phencyclidine, and any other substance determined by the DOT or its agencies to be a controlled substance.) Controlled Substance Test — 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. Conviction — finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of Federal, State, or City drug laws. Counseling— participation in a substance abuse counseling program provided through the City of Yakima Employee Assistance Program (EAP). Criminal Drug Statute — criminal law involving the manufacture, distribution, dispensing, use or possession of any controlled substance. Controlled substance and alcohol use —the use of a substance, including medically authorized drugs, which impairs job performance or poses a hazard to the safetyand welfare of the employee, the public, or otheremployees. Designated Employer Representative — A Human Resources Specialist authorized bythe Human Resources Director to take immediate action(s) to remove employees fromsafety- sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for theemployer. Failing a Controlled Substance or Alcohol Test — the controlled substance or alcohol test showed positive evidence of the presence of a controlled substance or alcohol in an employee's system that is at or above a determined threshold level. This determination shall be made by the City MRO under the same standards as passing a substancetest. Failing a substance test shall be referred to as "testing positive." Employees who refuse to take a substance test when requested to do so shall be considered to have failed the substance test. Evidential Breath Test Device — a device approved by the National Highway Traffic Safety Administration (NHTSA) and placed on the NHTSA's Conforming Products List (CPL) and is used for the testing of breath for the presence of alcohol. Medical Review Officer— a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the City's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. Medically Authorized Drugs or Substances — drug or substances prescribed by a licensed practitioner/physician or dentist for use in the course of medical treatment. Paraphernalia/Drug Paraphernalia — Any equipment or material of any kind that is used or intended for use in manufacturing, packaging, storing, concealing, and/or introducing into the human body an illegal drug. Passing a Controlled Substance Test — An individual passes a controlled substancetest when a MRO determines, in accordance with the DOT procedures, that the results of the test: A Showed no evidence or insufficient evidence of a controlled substance or controlled substance metabolite; A Showed evidence of a controlled substance or controlled substance metabolite for which there is a legitimate medical explanation; A Showed evidence of a controlled substance or controlled substance metabolite below a determined threshold level; or A Were suspect because of irregularities in the administration of the test, or observation, or custody and control procedures. D Passing a controlled substance test shall be referred to as "testing negative." Passing an Alcohol Test — the alcohol test result shows an alcohol concentration of less than 0.04. Passing an alcohol test shall be referred to as "testing negative? Reasonable Cause — All of the facts and circumstances available at the time of an incident which would lead any reasonable person to the sameconclusion. Refusal to Submit — the employee fails to provide adequate breath or urine fortesting without a valid medical explanation, of if the employee refuses to submit to a blood testif necessary or the employee engages in conduct that clearly obstructs the testing process. Screening Test— ) For alcohol testing, a screening test is an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in his/her system. A For controlled substances testing, a screening test means an immunoassay screen (or other Department of Health and Human Service (DHHS) -approved test) utilized to eliminate "negative" urine specimens from furtherconsideration. Substance Abuse Professional —a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified 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 alcohol and controlled substances related disorders. Test Refusal The following are considered a refusal to test if theemployee: D Fails to appear for any drug or alcohol test within a reasonable time, as determined by the employer, consistent with applicable agency regulations, after being directed to do so by the employer. > Fails to remain at the testing site until the testing process is complete. D Fails to provide a urine or saliva/breath specimen for any drug or alcohol test, required by this part or City regulations. > Tampers, adulterates, or substitutes a specimen. > In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of your provision of a specimen. > Fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. D Fails or declines to take an additional drug or alcohol test the employer or collector has directed you to take. > Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under. > Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behaves in a confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by the collector). > For an observed collection, fails to follow the observer's instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process. > Possesses or wears a prosthetic or other device that could be used to interferewith the collection process. > Admits to the collector or MRO that you adulterated or substituted the specimen. As an employee, if the MRO reports that you have a verified adulterated orsubstituted test result, you have refused to take a drug test. Further, if you refuse to take a drug or alcohol test, you incur the consequences specified under City regulations fora violation of those City regulations. > Fails or refuses to sign the certification at Step 2 of the alcohol testing form. Unreasonable Delay — delay of the testing procedure for a period of time which would render the test useless or inaccurate. Work Place --The workplace is defined as any location that the employee is at while being paid by the City Written Medical Authorization — prescription or other written approval from a licensed practitioner/physician or dentist for the use of a drug in the course of medical treatment. The authorization must include the name of the substance, the period of authorization, and whether the prescribed medication may impair jobperformance. REFERENCE DOCUMENTS The following document is related to this policy and may be obtained from the Human Resources Department: Supervisor's Checklist for Controlled Substance and Alcohol Use City of Yakima Supervisor's Reasonable Suspicion Report Manager / Supervisor: This form is to be used to substantiate and document the objective facts and circumstances leading to a reasonable suspicion determination. When suspected violations are observed, this form must be completed as soon as possible and forwarded to the Human Resources Department. Employee Job Title Employee Number Date Time Observed Location Evaluating Supervisor Dept. Director Think about the following as you observe the employee: How is their speech —is it slurred? Do they appear confused or disoriented? Is there an odor of alcohol or marijuana? Are they unsteady? Do they have glassy eyes or rapid eye movement; very large or very small pupils? Do they have tremors or shaking? Arethey being verbally or physical abusive? Describe the behavior or incident creating reasonable suspicion: Appearance (eyes/grooming): Odor on breath or clothes: Speech and balance/walking: Supervisors Action: Employee's Response / Comments: APPENDIX C RESOLUTION NO. D' 5820 A RESOLUTION providing for both repeal of prior resolution• for indemnification against personal liability for City personnel and for provision of broader coverage of City personnel. WHEREAS. the City bas 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 members of City boards and commissions, be indemnified from personal liability in their conduct of City affairs; and WHEREAS, Resolution Nos. 0-5253 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 T82 CITY OF YAKIMA: Section 1. Resolution Nos. D-5232 and D-5456, enacted respectively March 25. 1986 and May 17. 1988, by the City Council of the City of Yakima and each and every section thereof, are hereby repealed. (res/repeal.scl Section ;. simultaneous with the repe_. of Resolution Nos. D-5232 and D-5456 as effected by Section 1 of this reso- lution, the following is hereby enacted: •section 4. The City shall defend and indemnify • all person who hold positions in the below -listed catego- ries against all actions. claims or other proceedings threatened or instituted against them and which arise from the performance, purported performance, or failure of performance of their duties for or employment with the City; and the City shall hold them harmless from all expenses and liability connected with the defense or settlement of such claims and from liability for any monetary fine or judgment entered in an such action or proceeding. Covered categories: City of Yakima elected or appointed officers. City of Yakima employees, Members of City of Yakima boards and commissions, City of Yakima Police Reserve Officers, commissioned and non-commissioned, Police Explorers, On -Guard Crime Prevention volunteers. Section 8. 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 bold 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- gers and that determination as to elected City officers and all member■ of City boards and commissions shall be made by the City Council. (rem/repeal.scl 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 S. The agreed settlement of any claim, action or other proceeding against a City officer, em- ployee, police volunteer, or board or coemais'sion 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 q. 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 - (rem/repeal.scl •w YIN officer. police volunteers, and be _d or commission members, in which event the defense, indemnification, and ' hold harmless provisions of this resolution shall to the full monetary amount of the expenses defined in Section C of this resolution.' ���� ADOPTED BY TSB CITY COUNCIL this 411 day o 1990. ATTEST: �c1 k ) '+ice City Clerk (res/repeal.scl Mayor 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 inddent. 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. D`you know ofanyone Injured, what iyher/his location? 4. Dfany suspects are outstanding, what are their descriptions? , Ifthere are nm outstanding suspects, proceed directly tmquestion #S, otherwise ask question #4 (a-d). 4a. What was their direction oftravel? 4bHow long have they been gone? 4cWith 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, Iorder you not tmdiscuss this Incident with anyone, including your supervisors or staff officers, prior bmthe arrival ofthe assigned investigators, with the exception ofyour legal nepmsentation." Revised1/1/201I Page 2 of 2 I 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 2.36 Retirement Plan Participation 2.40 Leaves of Absence 2.44 Lobbying by City Personnel 245 Personnel Examination Fee I. For provisions regarding the office of personnel. see § 1.18.015 of this ccvle. For civil service provisions, see Charter Article XVI. 57 (Yakima 1-94) Sections: 2.04.010 2.04.020 2.04.030 2.04.040 Chapter 2.04 GROUP INSURANCE Health care plan. Definitions. City contributions. Hospital and medical insurance — Retired employee and dependent coverage. 2.04.050 Dental insurance plan —Retired employee coverage, 2.04.100 Welfare benefit program. 2.04.010 Health care plan. The city is self -insured for its medical and dental insur- ance plans (hereafter referred to in this section and YMC 104.020 and 2.04,030 as the "health care plan"). The health care plan includes medical, dental and vision cov- erage for city employees as defined in the health care plan and for members of the city council. The medical and den- tal insurance plans are administered for the city by third party administrators. The city manager of the city of Yakima is authorized to enter into a contract or contracts with third party administrators to administer the medical and dental insurance plans. The health care plan shall be on file in the human resources division of the city. (Ord. 2012-14 (part), 2012: Ord. 2008-57 § 1, 2008: Ord. 1757 § 1, 1975; Ord. 1750 § I, 1975; Ord. 1744 § 1, 1975; Ord. 758, 1965: Ord. 149 § 1, 1960). 2.04.020 Definitions. "Cost of coverage" means the average monthly cost of coverage for the health care plan as determined from time to time by the city's health care administrator, the city's employee benefits broker, and/or the city manager. The final decision on the cost of coverage shall be made by the city manager. Such determination shall be final and bind- ing, (Ord. 2012-14 (part), 2012: Ord. 2008-57 § 2, 2008). 2.04.030 City contributions. A. Life Insurance Plan. 1. Effective October 24, 1991, the city shall provide a fully paid life insurance policy in an amount equal to the annual salary for all management employees as defined in subsection B of this section, as well as for the chief, dep- uty chiefs and battalion chiefs of the Yakima fire depart- ment and the chief, deputy chief, captains and lieutenants of the Yakima police department. 2, For all employees covered by a collective bar- gaining agreement, the city shall provide a life insurance policy in the amount required in the applicable collective bargaining agreement. 59 2.04.010 B. Health Care Plan. The city shall contribute toward the payment of the monthly cost of coverage of the health care plan in the following manner for each group of employees or positions, respectively: 1. Represented Employee Contributions. For all employees covered by a collective bargaining agreement, the city shall pay its portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining agreement, and the employee shall pay his or her portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining agreement. 2. Management Employee Contributions. a. "Management employee" means any nontempo- rary employee in the management series, executive sup- port series and executive series as defined by YMC 2.20.100; in the public safety management series as defined by YMC 2.20.110; and any other nontemporary employee in YMC 2.20.100(D) who is not a member of any collective bargaining unit recognized by the city. b. "Member of the city council" means any person holding the office of city of Yakima council member, who elects to pay the entire cost of coverage of the city of Yakima health care plan., c. From January 1, 2009, on, except for the chief, deputy chiefs, and battalion chiefs in the fire department and the chief, deputy chief, captains and lieutenants in the police department, or unless otherwise provided in the applicable collective bargaining agreement, the following provisions apply: All management employees shall pay the first fifty dollars of the total monthly cost of coverage under the health care plan for the employee through a monthly payroll deduction. If an employee only is covered in the health care plan and the employee has no spouse or dependents in the health care plan, then the city shall pay the balance of the employee -only unit cost in excess of the first fifty dollars that the employee pays. For a manage- ment employee with a spouse and/or dependents in the health care plan, any cost of coverage for the management employee with a spouse and/or dependents in the plan in excess of the first fifty dollars that the employee pays shall be paid by the management employee through a monthly payroll deduction based on the following percentages on the remaining balance above the first fifty dollars: the employee shall pay at the rate of twenty-five percent of the balance of the remaining total monthly cost of coverage, and the city shall contribute the remaining seventy-five percent of the balance of the total monthly cost of cover- age. d. For the chief, deputy chief, captain and lieuten- ants of the Yakima police department and the chief, dep- uty chiefs and battalion chiefs of the Yakima fire department, unless otherwise provided in an applicable collective bargaining agreement, the city shall pay the total monthly cost of coverage under the health care plan (Yakima 8-12) 2.04.040 for the employee. If the chief, deputy chief, captain and lieutenants of the Yakima police department and the chief, deputy chiefs and battalion chiefs of the Yakima fire department have a spouse and/or dependents in the health care plan, then the employee shall pay through a monthly payroll deduction at the rate of fifty percent of the monthly dependent unit cost of coverage for the employee's spouse and/or dependents, and the city shall contribute the remaining fifty percent of the total monthly dependent unit cost of coverage for the employee's spouse and/or dependents, unless otherwise provided in an applicable collective bargaining agreement. C. Authority to Exempt Certain Positions from Health Care Plan. Pursuant to YMC Chapter 2.04, the city manager and the heads of the city departments are entitled to be covered by the city's employee health care plan. This subsection C is limited to and for the purpose of recruit- ment only for the specific positions of city manager, chief of police, fire chief, city attorney, director of public works, director of community and economic develop- ment, and director of finance, when the person to whom an offer of employment is made has an existing health care plan from his or her former employment that he or she desires to maintain upon employment with the city, In that event, then the city council for the city manager position, and the city manager for the department head positions, have the authority to agree in writing to compensate that person for the cost to him or her to maintain his or her present health care plan, up to but not to exceed the amount the city's health care plan would otherwise have contributed to his or her health care costs for similar cov- erage under the city's health care plan. This health care cost payment shall be included with the employee's monthly compensation amount as a separate item and shall be treated as a taxable benefit subject to normal with- holding taxes. The city's contribution for the health care allowance shall not be included in any calculations as base pay. If, and at such time as, the city employee's prior health care plan becomes fully paid and no longer requires financial contributions from him or her to maintain his or her health care coverage, the city's obligation to contrib- ute toward that health care coverage shall cease. In no event shall the city's contribution for the health care allowance be more than the city would have contributed if the employee had similar coverage under the city health care plan. In addition, in the event that the employee's prior health care coverage ends and the employee desires to enroll in the city health care plan, that employee may do so provided the employee complies with the enrollment requirements for the city health care plan. (Ord. 2012-14 (part), 2012: Ord. 2008-57 § 3, 2008: Ord. 97-28 § 1, 1997; Ord. 96-66 § 1, 1996; Ord. 93-84 § 1, 1993: Ord. 3403 § 1, 1991; Ord. 3325 § 1,1990; Ord. 3252 § 1, 1990; Ord. 2688 § 1, 1983; Ord, 2266 § 1, 1979; Ord. 2265 § 1, 1979; Ord. 2153 § 1, 1978; Ord. 1750 §§ 2, 3, 1975; Ord. (Yakima 8-12) 60 1744 §§ 2, 3, 1975; Ord. 1614 § 1, 1974: Ord. 1474 § 1, 1972: Ord. 1081 § 1, 1968: Ord. 758, 1965: Ord. 319 § 1, 1962: Ord. 149 § 3, 1960). 2.04.040 Hospital and medical insurance — Retired employee and dependent coverage. A. Retired Employees. The following described retired city employees shall be eligible to remain enrolled in the group hospital and medical insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty-five years of age by paying a premium (including the premium for dependents, if enrolled) equal to the actual group rate for coverage of active city employees and enrolled dependents: 1. City employees who retire on or after January I, 1982, and who at the time of their retirement work in posi- tions within the bargaining unit of the American Federa- tion of State, County and Municipal Employees, Local 1122; and 2. City employees who retire on or after January 1, 1983, and who at the time of their retirement work in any of the following positions: a. All fire department positions, b. All commissioned police department officers, c. All employees in exempt classifications specified by YMC 2.20.100, and d. All other positions defined by the policy as being eligible for coverage. B. Spouses of Retired Employees. Spouses of retired commissioned police department officers, retired fire chiefs and deputy fire chiefs and retired employees who, at the time of retirement, were in exempt classifications specified by YMC 2.20.100, which spouses are otherwise eligible for coverage under provisions of the insurance policy, shall be eligible to remain enrolled in the group hospital and medical 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 dependents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 1, 1985: Ord. 2749 § 1, 1984: Ord. 2686 § 2, 1983). 2.04.050 Dental insurance plan —Retired employee coverage. A. Retired Employees. The following described retired city employees who retire on or after January 1, 1983, shall be eligible to remain enrolled in the group den- tal insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty-five years of age by paying a premium (including the premium for dependents, if enrolled) equal to the actual group rate for coverage of active city employees and enrolled depen- dents: I. Chief and deputy chief of Yakima fire depart- 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 City Employees, AFSCME, Local 1122, AFL-CIO ("AFSCME"); Yakima Police Patrolman 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 2.04.100 (Yakima 8-12) 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 § I, 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 2.20.010 Sections., 2.20.010 2.20020 2.20.030 2.20.040 2.20:050. 2.20:060 2.20.070 2.20.080 2.20.085 2.20.086 2.20.088 2.20.089 2.20.094 2.20.097 2.20.100 2.20:115 2.20.116 2.20.117 2.20.118 2.20.120 2.20.130 2.20.150 Chapter 2.20 SALARIES Persons -subject to, plan.. Content of plan. Procedure for determination of . salary.ranges, ..,,.,. r•. Policy for pay steps. Policyifor.present employees.- Transfer,.promotion, reclassification,;dem otion, reinstatement or••termination.of ..employees. Reduction of salary. Effect of budget. . ; Reimbursement for•expenditures. :Reimbursable expenditures— ,. Amounts: . Uniform allowance ---Special assignment pay. Bilingual pay. for management employees. Salary of mayor, assistant mayor and councilmembers—Fringe benefits. Vehicle allowance for city manager. Classification and compensation plan. Management pay and compensation definitions. Management pay and compensation adjustments. Management salary schedule separation. Management employee disability insurance. Shift differential. Management group tax deferred compensation plan. Management personnel Section 125 plan. 2.20.010 Persons subject to plan. All employees of the city of Yakima shall be subject to the classification and compensation plan established in this chapter. (Ord. 302, 1961: Ord. 194 § 1, 1964). 2.20.020 Content of plan. The classification and compensation plan shall include: 1. The basic salary schedule as set forth in this chap- ter, and subsequent amendments and additions thereto; 63 2. A schedule of salary ranges consisting of mini- mum and maximum' rates of pay for each' management position. •and minimum and maximum rates of pay, together•with intermediate steps, -for all other classes of positions included in the city • classification 'plan as set forth in this chapter, and subsequent amendnients and additions thereto; ' 3. The annual budgets prescribed bythe lawsofthe state of Washington. (Ord. 1745 § 1, 1975: Ord.' 194 § 2, 1960): 2.20.030 Procedure•for determination`ofsalary • ranges. Salary ranges shall be linked directly to the:plan of position classification and shall *be'deterniined with due regarti'to ranges ofpay.for'othei classes; relaiive`difficiilty' and responsibility of positions in the class, availability of employees'in particular occupational categories, prevail- ing rates.of pay for similar empIoyrrienf'in private estab- lishments'inthe Yakima area, rates -of 'pay in other jurisdictions, cost of living` factors; the'fmaiiciai policies of the city and other economic consideration§. -The mini- mum and maximum and intermediate steps ofeach salary range shall be those rates in the basic salary schedule which most nearly reflect these factors. Prior to the preparation of each annual budget, as well as at other appropriate times, the city manager shall make or direct to be made such comparative studies as' he may deem necessary, of the factors affecting the, level of salary ranges. On the basis of information derived from such studies, :the city manager shall recommend to the council for approval such• changes. iri: the salary ranges_ as are per- tinent to the fairness and adequacy of the overall salary structure: Such changes shalt be accbmplished'by increas= ing or decreasing the salary ranges the appropriate number of ranges as provided in the basic salary schedule. The rate of pay for each employee shall be adjusted to the corre- sponding step in the new range in conformance with the adjustment of the salary range for the class. (Ord. 194 § 3, 1960). 2.20.040 Policy for pay steps. The following shall be the general policy with respect to the use of the pay steps within salary ranges: 1. The minimum rate of pay for a class shall be paid to any person on his original appointment, except appoint- ments at a salary rate above the minimum may be autho- rized by the appointing authority when necessary to fill .positions in "shortage" occupations or when necessary to recruit applicants with exceptional qualifications. 2. The basic salary range shall consist of five steps to be known as Steps 1, 2, 3, 4, and 5. An employee, except seasonal employees, 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 inter - (Yakima 1-14) 2.20.050 vals, providing that employee's work has been satisfac- tory and the employee is making normal progress on the job. Employees in permanent seasonal positions shall be advanced to Steps 2, 3, 4, and 5 upon the completion of six months', eighteen months', thirty months', and forty-two months' of service, respectively; provided, such advance- ments shall be made only for employees with a satisfac- tory or better performance rating for the preceding season. All within -range increases are subject to the availabil- ity of funds. For purposes of computing the length of time for eligibility for within -range increases, the period of all leaves of absence without pay shall not be included. In order to simplify the preparation of payrolls, eligibil- ity 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. Salary increases or decreases resulting from the adjust- ment of salary ranges in accordance with Section 2.20.030 shall not prevent within -range increase in accordance with this section. (Ord. 2051 § 1, 1977: Ord. 1389 § 1, 1972: Ord. 1082 § 1, 1968: Ord. 748, 1965: Ord. 478, 1963: Ord. 194 § 4, 1960). 2.20.050 Policy for present employees. As of the effective date of the adoption of the compen- sation plan and any subsequent amendments thereof: A. , .Ail employees whose pay is. in excess:of the max- imum rate prescribed for their class shall not be reduced in pay, but they shall not receive any pay increases as long as they occupy positions for which the salary range maxi- mum is the same as or less than the pay rate currently received. B. Employees will be advanced in pay as a result of an adjustment to the salary range for their class as pro- vided for in YMC 2.20.030, provided that no such advancement in pay shall be effective for a probationary employee in the management group defined in YMC 2.04.030(D), until the end of the probation. In addition, employees will -be eligible for within -range increases according to service in the class as provided for in YMC 2.20.040(2), provided that no such advancement in pay shall be effective for a probationary employee in the man- agement group defined in YMC 2.04.030(D), until the end of the probation. The provisions of this section shall not prevent demo- tion or reduction for disciplinary reason or the application of service -wide pay decreases when such action is required by the financial conditions of the city or by changing economic conditions. (Ord. 3428 § 1,1991,: Ord. 194 § 5, 1960). (Yakima 1-14) 2.20.060 Transfer, promotion, reclassification, demotion, reinstatement or termination of employees. A. When an employee is transferred, promoted, reclassified, demoted or reinstated, the employee's rate of pay for the new position shall be determined as follows: I. Transfer. An employee transferred to another position in the same class will continue to receive the same rate of pay until the employee is promoted or demoted. 2. Promotion/Reclassification. An employee pro- moted or reclassified to a position in a class having a higher pay range shall receive a salary increase as follows: a. 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. b. 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. c. In the case of promotion, within -range increases shall be granted in accordance with YMC 2.20.040(2). d. In the case of reclassification, the employee shall be eligible for a within -range increase on the employee's normal anniversary date. For employees who have been at the maximum of the salary range for more than one year, the date of reclassification shall become the employee's anniversary date for future within -range increases. 3. Demotion. An employee demoted from a position in one class to another class'having a lower pay range shall receive a salary decrease. (a) 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. (b) 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. B. Severance. When an employee is terminated by the city manager, the city council grants authority to the city manager, at his or her option, to authorize a payment to the terminated city employee of lump sum severance ' pay equal to up to four months of the employee's base sal- ary as full and complete payment and satisfaction of any claims of the employee arising out of his or her employ- ment. The city manager is granted the authority to deter- mine the specific amount of the severance payment provided, however, it shall not exceed four months of the employee's base salary without the specific consent of the city council. Any lump sum severance payment is subject to normal payroll withholding taxes. As consideration for such severance payment, the employee shall, prior to receipt of the payment, execute and deliver to the city a 2.20.070 general release of the city of Yakima and its elected and appointed officers,' employees and agents for all acts and actions .(Whether accrued, or subsequently, accruing) from the beginning of employment until the date of release, said release to be prepared 'byte city. attorney or 'his orher designee. Although the city manager has the option' to authorize a severance,pgyment under the. terms ofthis seo tion, the city manager.•Is not required to authorize a sever- ance payment to an, employee who has been terminated. (Ord.2013=02911,2013:Ord:']831:§S, 1975:'Ord.'1614' § 2, 1974:.Ord. 194 ,§ 6, 1960), ' ' 2.20,070. Reduction of salary., An appointing autliority.forjust.causes may reduce the salary. of an employee within the pay range prescribed for the class, Notice of intention to effect such a reduction'im pay and the reasons for such action; shall'bp given ta the employee and::the civil service:chief.exarniner ten days prior to.the effective date for the reduction. The employee affected ,shall have the right to appeal. hi the manner out- lined in the civil service rules and regulations. (Ord. 194 § 7, 1960). 2.20.080 Effect of budget. This chapter sha11 be in force and effect February 1, 1961, and from and after said effective date employees in each class of position in.the civil service shall be compen- sated according to -the basic salary schedule and salary ranges set forth in this .chapter, and subsequent amend- m ents and additions thereto, and .in accordance with the annual budgets adopted, by the. council pursuant, to the laws of thestate of Washington. In. cases_of •promotion, transfer and the return of an employee After leave of absence, and in cases of classification .or reclassification of positions which, under YMC 2.20.060 and other provi- sions of this chapter, require the payment of different wage or salary than that specifically set forth in the annual budget, the compensation to be paid in such cases shall be figured and paid in accordance with YMC 2.20.06Q and other pertinent sections of this chapter without ordinance or council action, if the payment thereof. can lawfully be made from funds appropriated under the current annual budget, under the item of salaries and wages, without exceeding appropriation. In cases where the.annual'budget makes provisions for the payment of compensation for any position classifica- tion differing from the compensation set forth in said sal- ary ranges in order to comply with the provision of subsection A of YMC 2.20.050, the employee affected by the provision of said section shall be paid the compensa- tion for such position as set forth in the annual budget, and in all cases where no provision is made in said salary ranges the compensation to be paid any employee shall be that set forth in the annual budget or such compensation as 65 shall be lawfully authorized by the city council. (Ord. 194 § 8, 1960). ' 2.20.085** • ' Reim bursementTor expenditures. In addition 'to:the prescribed rates of pay And. other allowances provided for in this chapter, -officers and employees of the' city shall 'be entitled -to reimbursement for, or the'benefrt'froin, the following classes .of official expenditures: •.Officerssndtemployees>shall•:be•entitled •to reim- bursenientfor expenses which may lawfully'be•incurred when they arerequired, with specific written approval of the city manager; to make necessary• out-df-pocket expen- ditures' within or without the city of a naturebeyond'those normally associated with the performance of the routine official duties of such individuals;`for purposes 4which principally promote, devalop or-.publicize'the city's best interests. 2. 'In the event the city -manager of the city 'of Yakima determines that•in order to'secute fhe' services of any,person not 'residing 'Within 'the `Yakima area 'at an employee of the city of.Yak' ' 'it is necessary to' pay the cost of moving the household goods arid personal' effects of such person from his'place of residence to the city of Yakima upon his appointment to city service, then pay- ment of reasonable and necessary moving cost may be made from appropriate available maintenance and opera- tion funds in the city's annual budget 'upon` the approval of the city manager. ' 3. The council finds that in selecting personnel to fill positions in the city of Yakima requiring special experi- ence and training'to qualify for such- positions, it becomes necessary, in order to ensure selection' of the mosC quali- fied applicant, that applicants for such'positions 'be per sonaily interviewed, and that in certain cases the expense to the city of sending members of boards, commissions and other officers of the city to various'localities for the purpose of conducting such interviews exceeds the cost to the city government of providing that the interviews be had in the city of Yakima at the city's expense and that the payment by the 'city of the necessary travel and subsis- tence expenses for a limited number of applicants to be brought to the city will result hi a saving of expenseto the city in the outlay of travel 'and subsistence expenses° or in the time which would be lost by reason of regular officers or employees of the city conducting the interviews else- where. The council further finds that'in such cases the pay- ment by the city.of Me travel and subsistence expense of applicants requested to come to the city of Yakima for interview is a proper municipal expense and for a proper municipal purpose. 4. In order to make a proper determination of the facts in cases where authority is requested to bring in applicants for any position in the city of Yakima at the city's expense, the city manager is authorized to deter - (Yakima 1-14) 2.20.086 mine the facts, and, upon approval by the city manager, based upon a determination that the payment by the city of the expenses of bringing a limited number of applicants to the city of Yakima for interview is necessary to make pos- sible the selection of the best available applicant for a position involving special skill and experience to properly discharge the duties thereof and that the payment of the expense of bringing said applicants to the city is less than the expense and loss to the city in sending its officers, commissions or boards to conduct said interview else- where, and that funds for the payment of such expenses are lawfully available, payment therefor shall be consid- ered as approval by the city council and shall be paid from the fund to which said expenses are properly chargeable. 5. Training and Education. a. Policy. The city council encourages the training and education of city officers and employees to the end that they may more effectively render services to the pub- lic in performing assigned duties or in preparing to assume higher responsibilities within the city service. b. Reimbursement. Officers and employees shall be entitled to reimbursement for ordinary and reasonable expenses incurred in pursuing such training and education on compliance with the following conditions: (1) In the opinion of the city manager, the seminar or course of study must be related to the performance of duties of the officer or employee in rendering service to the public, or must assist the officer or employee in pre- paring to assume higher responsibilities within the city service by promotion or otherwise; (2) Specific- written- approval for the seminar or course of study must be-obtainedin advance from the city manager or his designate; and (3) Funds for reimbursement to the officer or employee must be lawfully available within the city's budget or by appropriation therein. 6. Professional Fees, Licenses, and Membership Dues. a. Management employees as defined in subsection 2.04.030(D) of this code shall be entitled to direct pay- ment by the city of Yakima or reimbursement to the employee, for professional fees, licenses and membership dues applicable to any such employee, in an amount approved by the city manager. b. Funds for this purpose must be lawfully available within the city's budget or by appropriation therein. (Ord. 3403 § 4, 1991: Ord. 2302 § 1, 1979: Ord. 2088 § 1,1977: Ord. 189 § 1, 1976; Ord. 748, 1965: Ord. 208, 1960: Ord. 194 § 9A, 1960). 2.20.086 Reimbursable expenditures —Amounts. A. All officers and employees shall, in addition to their prescribed rates of pay, be reimbursed for the follow- ing listed expenditures: (Yakima 1-14) 66 1. Transportation. The actual fare shall be paid for transportation by common carrier. Reimbursement at the per mile rate authorized by the Internal Revenue Code of 1989, as amended from time to time, shall be made for the use of private auto; provided, the reimbursement for travel by private auto to a point outside the state of Washington shall not exceed the total expense for such travel by com- mercial air coach including related and incidental trans- portation expenses such as limousine or taxi fare, car rental, parking fees and similar costs. 2. Lodging and Meals. The actual expense for lodg- ing and meals shall be paid; provided, that the total reim- bursable expense for both lodging and meals shall not exceed one hundred seventy-five dollars per day, includ- ing tips and gratuities; provided further, that when con- ventions, conferences, seminars or similar functions make expenditures in excess of one hundred seventy-five dol- lars per day necessary for lodging and meals, in the opin- ion of the city manager such excess expenditures may be allowed and reimbursed when approved by the city man- ager. 3. Necessary Minor Expenses. The actual amounts of necessary, or usual and customary, minor expenses, including tips and gratuities, shall be reimbursed. B. A11 reimbursed expenses must be necessary, rea- sonable, within budget limits set for travel and training, and incurred in the conduct of the business of the city. When two or more representatives of the city attend the same meeting, transportation shall be planned to avoid needless duplication. of automobiles. Employees shall obtain approval prior to taking any trip' from their depart- ment head: and. from. the -city manager. (Ord. 98-8 § 1, 1998; Ord. 95-9 § 1, 1995; Ord. 3326 § 1, 1990; Ord. 3237 § 1, 1990; Ord. 2743 § 1, 1984: Ord. 2414 § 1, 1980: Ord. 2088 § 2, 1977: Ord. 2022 § 1, 1976: Ord. 1614 § 3, 1974: Ord. 858, 1966: Ord. 748, 1965: Ord. 213, 1960: Ord. 194 § 9B, 1960). 2.20.088 Uniform allowance —Special assignment pay. A. Police detectives and patrolmen assigned to the detective division of the police department, when not issued or required to wear a uniform in the performance of their assigned duties, shall be paid a monthly clothing allowance of eighteen dollars in lieu of an issued uniform. B. (1) Except for employees in the fire department and except for employees represented by AFSCME Local 1122, when a salaried employee works in a higher classi- fication for a period of one day or longer, performs sub- stantially all of the duties of such higher classification and is not actually receiving supervised training for that posi- tion, the employee shall be paid at the pay step in the higher classification which is next higher in amount above the employee's pay in the lower classification. The provi- 2.20.089 sions of this section shall not apply to management per- sonnel. , (2) When.an hourlyemployee works in a higher clas- sification fora period of one hour or.longer, performs sub- stantially alt of,the.duties of such higher classification'and is not actually receiving supervised training for such posi- tion, the, employee shall,be,paid.at the,step in the higher , classification which is next higher in amount above the employee's pay in the lower classification. (3) When,a.salaried.permanent;employee represented,. by AFSCME,Local 1.122 works forione hour or longer in a higher classification and in a different classification series.from which•the•employee is regularly employed and performs substantiallyall of the duties of suchhigher clas- sification and. is not.actually.receiving.supervised.trahiing for.such_position, the;employee shall -be paid, at the.pay step in the higher classification which is next higher in amountabove theemployee's pay in the lower classifica- tion for all such hours consecutively worked in the higher classification. • (4) When a salaried permanent employee•represented• by.AFSCME Local. 1122 works four consecutive hours.,or longer in•a higher classification in.the same classification series in which the employee is regularly employed and performs substantially all of the duties of such higher clas- sification and is not actually receiving supervised training for such position,.the.employee shall be paid at the pay step in the higher classification which is.next higher. in amount above the employee's pay:in the lower classifica- tion for all such hours consecutively worked in.the higher classification. • .C. Clerical personnel in the police department.shall be paid fifteen ,dollars per month in addition to their regu- lar salary when required to be available for night or week- end shifts, or when required to perform police duties other than clerical. Effective January 101978, after six p.m. and until six a.m. on regularly scheduled shifts, an additional two percent per hour over base pay will be paid for all hours worked within the stipulated, period to the nearest one-half hour for police department clerical personnel. D. Police officers shall be paid thirty dollars per month in addition to their regular salary when assigned the duties of administrative assistant to the chief of police. E. When any commissioned member of the police department is assigned by the chief of the department to a position in a higher classification for a period of four hours or more, such member shall be paid at the lowest rate of the higher classification which provides any salary increase for the officer for the actual time so assigned. The amount of payment for such special assignment shall be computed in accordance with.any applicable provision of YMC 2.40.100. The payment for any such special assign- ment duty shall be subject to the availability of department funds for such purpose. 67 F. When any employee of the fire department is tem- porarily. assigned by the chief of the department to a posi- tion in a`higher dlassi fication for a period.of four hours or'' longer; sirbh member shall be paid special assignment pay offive,percert above the normal base pay of that during that period of continuous service; provided; that the employee exercises the responsibility;"including' opera- tional and administrative duties, asthey applyto that posi- tion in the higher c!assification; provided,: further, the chief of. the fire .departmentmay; autliorize special assignment, pay in excess of the five percent provided `herein in excep=' tional circumstances,as determined bythe chief. G. When any. employee of the;police department is assignedlby the chief of the department to a position which requires.operation of a motorcycle, such membershall•be paid.twenty.-five dollars per month, ip:addition.to'his'reg- ular salary,.for each month that he' operates'a motorcycle more_ thanffiypercent ofhis totai"duty,time„'. H. When an emp10 ee of th,`e re def"partment is assigned the duties of administrative'assistant to the fire chief, such member shall,reoeive'sixty dollars.per rrionth. in addition to the employee's regular salary. I. When a programmer..analyst . is assigned to the police department, such person shall receive seventy-five dollars per month in addition to the employee's regular salary. . J. When an employee is temporarily assigned by the city manager to a position in a• higher management classi- fication for a period of one day..or.longer. and performs substantially all of the duties of such higher classification, or when the city manager assigns an employee additional responsibilities beyond the scope of his/her current classi- fication; the city manager may authorize and dirt that the employee be paid special assignment pay; .in ,an amount the city manager determines reasonable, above the normal base pay of that employee during the period of the employee's continuous service in said higher classifica- tion or performance of additional responsibilities. As used in this section, the term "management classification" means those positions identified in YMC 2.20.115(2). (Ord. 2013-005 § 1, 2013: Ord. 2005-42 § 1, 2005: Ord. 3379 § 1, 1991; Ord. 2843 § 1, 1985: Ord. 2153 § 2, 1978: Ord. 1860 §§ 1, 2, 1975: Ord. 1745 §§ 2, 3, 1975: Ord. 1614 § 4, 1974: Ord. 1474 § 4, 1972: Ord. 1381 § § 2, 3, 1972: Ord. 980 § 1,1967: Ord. 854 §§ 1, 2,1966: Ord. 748 § 4, 1965: Ord. 584 § 1, 1964: Ord. 478 § 2, 1963: Ord. 391 § 1, 1962: Ord. 302 § 6, 1961). 2.20.089 Bilingual pay for management ern ployees. Effective July 1,2003, in addition to the prescribed rates of pay and allowances provided for in this chapter, man- agement employees who have a bilingual capacity shall receive sixty dollars per month for their work in that capac- ity subject to prior written approval from their respective (Yakima 7-14) 2.20.094 department head and subject to achieving a passing score on the bilinguaUbiliterate skills examination conducted under the civil service rules and regulations and adminis- tered by the civil service chiefexaminer. Department heads may waive the testing requirement if the employee can demonstrate to the satisfaction of the department head, through documentation or otherwise (Le., court interpreter certification from the state of Washington), that the employee has sufficient bilingual/biliterate skills. Management employees employed by the city of Yakima before July 1, 2003, who demonstrated bilin- gual/biliteral capacity by achieving a passing score on the civil service bilingual/biliterate examination and/or by demonstrating bilingual capacity to the satisfaction of their department head and who received prior approval from their respective department head shall receive, in addition to the prescribed rates of pay and allowances pro- vided for in this chapter, thirty dollars per month for their work before July 1, 2003, in that capacity. As used in this section, the term "management employ- ees" means those positions identified in YMC 2.20.115(2). (Ord. 2003-36 § 1, 2003). 2.20.094 Salary of mayor, assistant mayor, and council members —Fringe benefits. A. Salary of Mayor and Assistant Mayor. The mayor, assistant mayor, and city council members other than the mayor and assistant mayor shall be paid a salary computed and paid on a monthly basis as follows: Position Mayor Assistant mayor City council members Salary Per Month $1,043.95 $800.37 $695.97 Effective January I, 2006, and with regard to an at - large city council member who is elected to be mayor, the monthly salary of the mayor shall be one thousand three hundred seventy-five dollars. Effective January 1, 2008, and with regard to a district position city council member who is elected to be mayor, the monthly salary of the mayor shall be one thousand three hundred seventy-five dollars. Effective January 1, 2006, and with regard to an at - large city council member who is elected to be assistant mayor, the monthly salary for the assistant mayor shall be one thousand one hundred seventy-five dollars. Effective January 1, 2008, and with regard to a district position city council member who is elected to be assistant mayor, the monthly salary of the assistant mayor shall be one thousand one hundred seventy-five dollars. Effective January 1, 2006, the monthly salary for each at -large city council member shall be one thousand sev- enty-five dollars. (Yakima 7-14) 68 Effective January 1, 2008, the monthly salary for each district position city council member shall be one thou- sand seventy-five dollars. B. Fringe Benefits. Commencing January 1, 1992, members of the city council, including the mayor and assistant mayor, shall receive no compensation for serving as mayor, assistant mayor, or council member other than the salary provided by subsection A of this section, and the following additional benefits, which are authorized: 1. Reimbursement for expenditures as provided by YMC 2.20.086; 2. Protection of a five -thousand -dollar life insurance policy, with the premium fully paid by the city; 3. Protection of Workmen's Compensation Insur- ance coverage under the State Industrial Insurance sys- tem; 4. Protection by a policy of insurance known vari- ously as professional liability insurance or errors and com- mission insurance, covering council members acting in their official capacity, with coverage in the same amount as obtained from time to time for the protection of other city officers and employees, with the premium fully paid by the city; 5. Payment by the city of its portion of Social Secu- rity payroll tax on earnings of council members; and any other benefits expressly required by applicable laws; 6. Participation in the city employee welfare benefit program established by YMC 2.04.100; provided, that an election and payment are made as provided in YMC 2.04.030(D)(4). (Ord. 2005-35 § 1, 2005: Ord. 2000-2 § 1, 2000: Ord. 99-10 § 1, 1999: Ord. 94-9 § 2, 1994; Ord. 3210 § 1, 1989: Ord. 2920 §§ 1, 2, 1985; Ord. 2556 § 1, 1981). 2.20.097 Vehicle allowance for city manager. The city manager shall be paid the amount of three hundred dollars each month as a vehicle allowance, in addition to the salary specified in the compensation plan for city employees. (Ord. 2005-78 § 1, 2005: Ord. 96-86 § 1, 1996: Ord. 2364 § 1, 1979). 2.20.100 Classification and compensation plan. A classification and compensation plan for city employees is hereby adopted to be effective: June 8, 2014. Pay ranges and pay steps set out in the schedule for the classifications allocated to these pay ranges shall be in full force and effective on the date stated above. The pay rates shall constitute full compensation for those employees with a work week of forty hours as set out in other sections of this code. Employees whose work week is less than forty hours shall be paid at the rate which is in the same proportion to the rates set out herein within their applica- ble classification that their work week bears to forty hours. 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 222.030. 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: 0 9-1-1 CALTAKER CS: FIRE Union: IAFF 10302 ACCOUNTANT CS: CHARTER Union: TEAMSTERS 2312 ACCOUNTING TECHNICIAN CS: CHARTER Union: AFSCME 11610 ADMIN. ASST. FOR YAKIMA AIR TERMINAL CS: CHARTER Union: AFSCME 1331 ADMIN. ASST. TO THE CITY MANAGER CS: EXEMPT Union: NONE 11615 ADMINISTRATIVE ASSISTANT FOR WASTEWATER CS: CHARTER Union: NONE 16101 ADMINISTRATIVE ASSISTANT TO FIRE CHIEF CS: FIRE Union: TEAMSTERS 11701 ADMINISTRATIVE ASSISTANT TO POLICE CHIEF CS: CHARTER Union: NONE 10507 ADMINISTRATIVE SECRETARY CS: CHARTER Union: NONE 90 01101/2017 18.78 19.72 20.74' 21.77 " 22.86 24.0 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 975SA 01/01/2014 29.07 30.52 32.03 ' '33.66 35.33 12.5 01/01/2017 01/01/2016 01/01/2015 01/01/2014 980A 01/01/2017 01/01/2016 01/01/2015 01/01/2014 972 01/01/2014 17.82 18.56 19.45 20.39 17.39 18.11 18.98 19.89 16.97 17.67 ` 18.52 ` 19.40 16.56 17.24 18.07 18.93 24.30 25.53 26.76 28.14 23.71 24.91 26.11 ' 27.45 23.13 24.30 25,47 ' 26.78 22.57 23.71 24.85 ' 26.13 32.86 34.50 36.24 38.04 21.29 20.77 20.26 19.77 29.49 28.77 28.07 27.39 39.92 980 01/01/2014 22.24 23.36 24.48 - 25.74 26.99 980SA 01/012014 22.78 23.93 25.08. 26.36 27.64 980 01/01/2014 22.24 23.36 24.48 25.74 26.99 983 01/01/2014 19.21 20.19 21.15 22.24 23.36 2.20.1.16 nornic value; of employee compensation. and benefits, including,. butnot limited,to,:salary,, longevity, paid. leave, .holidays, . deferred compensation,:;and ,.other ..forms of employee compensation, said change to be measured from one.calendar year to,the next succeeding calendar year. 2; , ",Management employees" means all nontempo- rary• employees.in thefollowing positions. „,.,,..,.,. (a) 'Executive series,•as listed an YMC 2.20,10.0(B); (b),.;,Map% ent series, as. , Iisted, , in:;; YMC 2 20 100(B), (c),., ,Executive support„ series as listed, in _YMC 2.20.100(B); ,(; :, ., listed, • (d) Public safety management series, as listed in YMC 2.20.110(E); ,,.r� (e) Union exempt civil service classes, as -listed in YMC, 2.20.100(P). 3. "Management, PAPA" means the.pay and com- pensation adjustrnent.for management• employees that is computed each calendar year using the,formula set forth in YMC,2.20.11„6,... ,>:: . ��. 4.. ,"Reference year"• means the current calendar year forrwhich the Management PACA is ;computed and will become effective on January 1st. .5...• "-Prior year" means the calendar year immediately preceding the reference year. 6., • "Bargaining unit PACA" means the pay and com- pensation adjustment for a recognized city of Yakima empigyee bargaining unit, es approved for•the.reference year by formal action of the Yakima city council.. 7. "Average bargaining unit PACA" means the average of all .bargaining unitPACAs.that become effec- tive during a particular reference year•.• 8. •"Balancing adjustment" ,means . the positiye or negative change in.the average bargaining unit PACA for the prior year, which change has occurred after computa- tion, of the management PACA for the prior year due to delayed resolution of bargaining unit negotiations. This change must be incorporated.into.the computation of the management PACA for the reference year in order to achieve equality between the management PACA and the average bargaining unit PACA. (Ord. 95-16 § 2, 1995; Ord. 94783.§ 1, 1994). 2.20.116 Management pay and compensation adjustments. A. Notice of Anticipated Management PACA. The city manager or designee shall provide the city council with written notice at least thirty days before the imple- mentation date of the anticipated management PACA based on the latest available projections using the manage- ment PACA formula in subsection B of this section. B. Pay and Compensation Adjustment Formula, A management pay and compensation adjustment shall be computed as of January 1st of each successive reference year based upon the following formula: 94e Management PACA=•Average Bargaining Unit„, ,. PACA.+ Balancing Adjustment The:computed.management PACA be -converted into dollars .for; each •.respective ,management ;employee, classification,:and the .amounts thereby :derived shall he added -go each respective :management ;emp.loyee:salary schedule effectivoon January..1st•of the reference year, subjecttq.change pursuantao.subsection,C,of this.section._. The management employee salary schedules•as•modifiied, shall be.annually codified :in.YMC2.20.'1:1.0.dfthe'balaric- ingadjustment.is positive.as.ofJanuaryl.st ina:particulat reference year, then management,employees'shallteceive: a lump sum payment as deferred earnings from the prior year'equal+to the:incrementahamount=that wquld:have oth- erwise been paid.if bargaining :un it riegotiafi'ons Chad !been resolved at the beginning of the prior year. C. r Effectivenessrof P.aYSand :Compensation .Adjust- ments. Management pay: and: compensation adjustments, • as computed.in.subsection$1ot;this.section,-shall;beoeffec- •five on:Januaiy 1st of each'successive reference,year, sub- ject to the city council's, authority. to- cancel; decrease, increase or otherwise change the management PACA by adopting amendatory legislation at .least fifteen days before the management PACA implementation.date: D.. Retroactive Payment of Deferred Eairiings. In the event thatthere are no known bargaining unit PACAs as of January 1st ofthe referenceyeaF, due to unresolved bar- gaining unit negotiations, thereby yielding an• average bar- gaining unit PACA equal to.zero,.then computation.of the management PACA for that reference year shall be post- poned and computed• on June 30th of•theteference year and:paid retroactively to January 1st of tho.reference'year. The formula set forth in subsection B of this section shall be used for this June 30th computation. Underthis circum- stance, the city counciland management employees agree that payment of the management PACA• is deferred until the June 30th computation. During such six-month defer- ral period, management employees shall be paid in accor- dance with the preceding year's salary schedule; butsuch compensation shall be deemed to be less than the total compensation to be paid for the services provided during said deferral period. ; E. Satisfactory Performance Condition. A manage- ment employee•sha11'receive the; PACA provided for in this section, conditioned upon satisfactory performance under the.employee merit pay plan,, and subject to change pursuant to subsection C of this section. F. Agreement .for Deferred Earnings. Whenever there are any unresolved bargaining unit negotiations as of January 1st of -the reference:year•, then it shall be under- stood and agreed between the city council and the man- agement employees that management employees.will be paid an amount less than their total compensation for the reference year until such time as all bargaining unit nego- (Yakima 12-12) 2.20.117 tiations have been resolved and the incremental manage- ment PACA can be precisely computed and paid retroactively as deferred earnings. G. Nonexclusive Adjustment Process. The manage- ment pay and compensation adjustments provided for in this section shall not be deemed to be an exclusive process for adjusting management pay and compensation, and the city council may wish to consider pay and compensation adjustments based upon comparative studies conducted pursuant to YMC 2.20.030. H. Examples of Management PACA Computations. The following hypothetical examples illustrate how the management PACA formula operates: Example 1: Bargaining Unit Negotiations Com- pleted in First Half of Reference Year. As of January 1st of particular year, the average of all known bargaining unit PACAs to be effective during that year is 2.2%. There were no delayed bar- gaining unit negotiations during the prior year so the balancing adjustment is zero. Therefore, the manage- ment PACA to be effective on January lst of the ref- erence year is 2.2%. Assuming that delayed bargaining unit negotiations for the reference year are resolved before June 30th, resulting in a revised aver- age bargaining unit PACA for the reference year equal to 3.0%, then the revised management PACA is also 3.0%. This means that management employees have deferred earnings for January through June of the reference year in the differential amount of 0.8% of base salary over the six-month period. This per- centage amount will be converted into dollars and added to the next management employee paycheck as lump sum deferred earnings. The management em- ployee salary schedules will also be adjusted to re- flect the 0.8% positive adjustment. Example 2: Bargaining Unit Negotiations Com- pleted in Second Half of Reference Year With Posi- tive Balancing Adjustment. As of January 1st of a particular year, the average of all bargaining unit PACAs to be effective during that year is 2.0%. Unresolved bargaining unit negoti- ations during the prior year were settled in the second half of the prior year, resulting in a positive balancing adjustment of + 0.5%. Reference year management PACA equals 2.0% + 0.5%, for a total management PACA of 2.5%. The management employee salary schedules will be adjusted to reflect a total 2.5% pos- itive adjustment. In addition, the 0.5% positive bal- 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 Example 3: Bargaining Unit Negotiations Com- pleted in Second Half of Reference Year With Nega- tive Balancing Adjustment. The same facts arise in this example as in Example 2 above, with the exception that there is a negative balancing adjustment equal to minus 0.5%. Reference year management PACA equals 2.0% minus 0.5% for a total management PACA of 1.5%. The management employee salary schedules will be adjusted to reflect this total 1.5% positive adjustment. There is no retro- active pay adjustment for the prior year. (Ord. 94-83 § 2, 1994). 2.20.117 Management salary schedule separation. It is the policy of the city of Yakima that managers and supervisors shall receive salaries that are a minimum of five percent higher than subordinate employees. When- ever management employee group salary schedules are changed or adjusted, a minimum positive five percent sep- aration above bargaining unit salary schedules shall be maintained. Within the management employee group, sal- ary schedules for management employees with supervi- sory responsibility shall be maintained at a minimum positive five percent separation above subordinate employee salary schedules. As used in this section, the term "management employee" means those positions identified in YMC 2.20.115(2). (Ord. 94-83 § 3,1994). 2.20.118 Management employee disability insurance. There is established a voluntary, employee -paid dis- ability insurance program utilizing the payroll deduction process for participating management employees, as defined in YMC 2.20.115. The city director of finance and budget is authorized to implement and operate this disabil- ity insurance program using the city's payroll deduction system. (Ord. 94-83 § 4, 1994). 2.20,120 Shift differential. Effective January 1, 1979, any employee within the bargaining unit of the American Federation of State, County and Municipal Employees will be paid a shift dif- ferential premium equal to an additional two percent per hour over that employee's base pay for all hours worked (rounded to the nearest one-half hour) by the employee between the hours of six p.m. and six a.m. during that employee's regularly scheduled shift, provided, effective January 1, 1980, the rate of the shift differential premium shall be increased to four percent per hour over base pay. (Ord. 2265 § 2, 1979). 2.20.130 Management,group tax deferred compensation plan. Commencing May 1., 1995, each member of the man- agement employee group, as defined below, shall partici- pate hi a tax deferred compensation plan adopted or approved by the city and shall be paid, in addition to that employee's monthly salary as established by -the compen- sation plan, deferred earned 'compensation each month in an amount equal to three percent of said monthly salary. Effective December 9, 2012 (or as individually negoti- ated between the city and prospective employees prior to 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 220.100(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 § I, 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 2.20.130 (6) Union exempt supervisory group, as listed in YMC 2.20.1 10(H); (7) Union exempt fire civil service, as listed in YMC 2.20.110(K), B. The Section 125 spending plan shall be on file in the office of human resources and may be further amended by the city manager with respect to its amounts of contribution and services; provided, that such amend- ments are made hi written form and filed with the original Plan. (Ord.' 35041'2, '1'992: Ord. 3500 §' 1 1992: Ord. 3430 § 1, 1991). (Yakima 12-12) Chapter 2.22 FIRE DEPARTMENT —WORKING CONDITIONS Sections: 2.22010 Workweek. 2.22.020 C. 1;ng off -duty firefighters in an emergency. 222:030 Compensation: 2.22;040 Overtime pay. 2.22.050 Special assignment pay. 2.22.060 Time -off privileges —Vacation leave. 2.22.070 Time -off privileges — Compassionate leave. 2.22.075 Time -off privileges —Sick leave. 2.22.080 Holidays. 2.22.010 Workweek. A. The fire chief, the battalion chief assigned as train- ing officer, the fire marshal, fire inspectors and all other day personnel not working a shift shall work a basic workweek of forty hours and standard workday of eight hours. B. Battalion chiefs, captains, lieutenants, and firefighters in the fire combat division working shifts shall work a basic average workweek of fifty-five hours and a standard work shift of twenty-four hours effective January 1, 1976; and shall work a basic average work- week of fifty-four hours and a standard shift of twenty- four hours effective January 1, 1977. C. Alarm operators shall work a basic workweek of forty hours and a standard work shift as established by the fire chief. (Ord. 1922 § 2 (part), 1976). 2.22.020 Calling off -duty firefighters in an emergency. In the event of a threatening or unusual conflagration or other emergency, the fire chief, his assistant or other person in charge or command of the fire department, shall have the power and authority to summon any or all fuefghters who may be off -duty to assist in the protec- tion of life and property. (Ord. 1922 § 2 (part), 1976). 222030 Compensation. Effective January 1, 1976, compensation for personnel in all classifications and positions in the fire department shall be that set out in Section 2.20.110 except that em- ployees whose basic workweek is an average of fifty-five hours per week shall be paid at an hourly rate computed by dividing such employee's basic monthly salary by a factor of 238.33. Effective January 1, 1977, employees whose basic workweek is an average of fifty-four hours per week shall be paid at an hourly rate computed by 94-1 2.22.010 dividing such employee's, basic, monthly salary by a factor: of Z34t)0..(Ord. 19221:2 (part), -1976). r 2.22.040 Overtim8 'pay. " .., .. w, A. Overtime pay will be allowed for nr mbeis of the ;department ; except ,battalion chiefs and fire chief, when required. to work'inezcess of their''basic workweek' or.their standard r_ c: .workday, or shift at the rates set out in •.subsection.B of°this section.'' ' `.' . +, B. Overtime pay rates for.fire department employees below the iazik of battalion chief shall be computed in the following manner. 1. Effective January 1, 1976,, when personnel are called from off -shift in order to maintain minimum fire combat strength as determined by the city council, the hourly overtime pay rate shall be computed -by dividing such employee's 'basic Monthly salary by 238:33 and multiplying the result by 1.5.'Effective January 1, 1977, the hourly overtime pay rate shall be computed by divid- ing such employee's basic monthly salary by Z34.00 and multiplying the result by 1.5. 2. When personnel are called from off -duty by the fire chief or his designate because of a fire, the hourly rate shall be computed by dividing the basic monthly salary by 173.33 and multiplying the result by 1.5. 3. A minimum of two hours of overtime pay shall be allowed for any callback from off -shift. C. Fractions of an hour served on overtime duty shall be rounded to the next full hour for the purpose of com- puting amount of overtime. 1. When a shift battalion chief is required to provide work coverage for a shift battalion position vacancy, the battalion chief shall be paid at a straight time rate equal to the top step hourly rate for a shift battalion chief for each hour of work performed in excess of his/her regular 51.38 hour workweek. 2. When a shift battalion chief is called back from off -duty by the fire chief or his/her designee to perform work due to an emergency, the battalion chief shall be paid at an hourly rate computed by dividing his/her basic monthly salary by 173.33 and multiplying the result by 1.5. 3. When a shift battalion chief is required to perform work in excess of their regular 51.38 hour workweek due to a Washington State mobilization effort, the battalion chief shall be paid at an hourly rate computed by dividing his/her monthly salary by 222.66 and multiplying the result by 1.5. (Ord. 2000-16 § 1, 2000: Ord. 2014 § 1, 1976: Ord. 1922 § 2 (part), 1976). 2.72.050 Special assignment pay. When any member of the fire department is tempo- rarily assigned by the fire chief or his designate to a position in a higher classification for a period of six (Yakima 11.00) 222.050 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 -of privileges --vacation leave. A. There shall be an earned leave account established for each employee of the Yakima fue department. Accra - (Yakima 11-00) 94-2 2.22.060 els to the earned leave account shall be in the following amounts: 1. Day Shift Employees. There shall be an earned leave account established for each employee of the Yakima fire department working straight day shifts. Accruals to that earned leave account shall be at the following rates, effective January 1, 1978: ConUnuous.servlce Full Calendar In Years Monthly Accrual At Least Lass Than (Hours) 0 3 6-67/100 3 7 8 7 10 10 10 •15 12 15 20 14 20 — 16 HrBJYr.Day/Yr. 80 10 96 12 120 15 144 18 168 21 192 24 2. All other members of the department who are worldng shifts and who are not included in subsection 1 of this section Shall accrue vacation leave at the following rates: a. Ten hours for each full calendar month for those with less than ten years of continuous service; b. Fourteen hours for each full calendar month for those with ten or more years of continuous service. B. Vacation leave accumulated at the end of six months may be taken in the seventh month and each month thereafter as accumulated. C. All vacation leave must be requested in advance and approved by the fire chief or his designate. D. Vacation leave must be taken at such times 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. E. Accumulation of vacation leave shall be as fol- lows: 1. Management personnel on day assignments. other LEOFF personnel working days and non-LEOFF person- nel, shall accrue vacation leave to a maximum of two hundred forty hours. 2. Department employees under LEOFF working shifts shall accumulate earned leave to a total of three hundred thirty-six hours; provided, that in an emergency or due to absences in the workforce which reduce the workforce below minimum staff level, the city manager may autho- rize accumulation of earned leave in excess of three hundred thirty-six hours for the duration of such emer- gency or for a period of time that the city manager may designate, with such additional hours to be credited to leave and taken in accordance with subsections C and D of this section. 3. Employees transferring from shift to day work shall not have the vacation portion of their earned leave 95 reduced. from. the number of?hours accrued tothe date of transfer.. (Ord. 2040 § .1, 1977.;,Ord 4922 § 2.(part), . .2:22.070 ,Timeroff•privileges—Compassionate leave. .A. Employees not.under ,LEOEF shall .be granted compassionate'3eave in.ticcordance with`Section:2:40.030. B. Employees under LEOFF shall be.granted com- passiontt'to.,leave:asIo.11ow.t._.4;:. :. ,.,:.. ;;;),/ro In the.eventaof death;oftameniberof theimmedi- ate family of anto iployee to"r, jemptoy+ee's spaiise;::as defined in subsection B(4) of Section 2.40.030,..shallbbe .graritedcleave with paynot to exceedthree calendar days; provided, however, that•additioniu7:leavewithi pay-triaybe :granted•when recommended'by theefiie afueforhis desig- inate,and approved: by: the..city.„manager. or his designate. event,of.zseriousYinjury.or:illness;to riiem- beis ofan employee's immediate family living with. and dependent upon the en},ployec and.constituting an.einer- :gency, or crisis, the.employee••may be'granted leave with pay..Any leave with pay.for thispurpose•must'be:recom- mended by the rue chief or his designate and approved by,=the .city managerror:his designate. (Ord. 1922 § 2 (part), 1976). 2.22.075 Time -off privileges —Sick .leave.. A. Each employee of :the Yakima fire,department who is covered under provisions of Chapter 41.26 of,the Revised Code of 'W#hington, but whose .effective date of initial employment' as a.firefrghter.or•police officer by any employer is on or after October 1; 1977so'iiiat stiCh employee is not entitled to disability leave pursuant to Chapter 41.26 of the Revised Code of Washington, shall be granted sick leave with pay in accordance with the provisions of this section. B. A sick leave account shall be established for each such eligible employee, by which account each employee shall be credited with twelve shifts of sick leave upon employment. C. Accrual. Sick leave with pay shall accrue at the rate of one working shift of leave for each full calendar month of the eligible employee's continuous service with the fire department, provided no sick leave shall accrue during the first twelve months of employment. D. Permissible use of sick leave: eligible employees shall be granted sick leave with pay for the reasons speci- fied by subsection B of Section 2.40.030 of this code. (Ord. 2240 § 1, 1978). 2.22.080 Holidays. A. All members of the fire department who are not by the nature of their work required to provide a twenty -four -hour -per -day service, seven days a week, shall be granted holidays as set out in Section 2.40.080. 2.22.080 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 Sections: 2.24.010 2.24.015 2.24.020 Chapter 2.24 LONGEVITY PLAN Longevity plan —Eligibility — Restrictions. Longevity plan —Service recognitioan. ward. Leave of:ebsence for service in Armed Forces. 2.24.010 Longevity plan —Eligibility — Restrictions. A. Effective January 1,1979, those employees of the city of Yakima who are within the bargaining unit of the American Federation of State, County and Municipal Employees who are regularly and continuously employed full-time, and permanent seasonal employees, 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 day following the thirty-first day of December and the thirtieth day of June of each year; provided, that seasonal employees shall be paid any longevity pay to which they may be entitled upon the.ter- mination of any season worked. Years Service At least 60 months and Tess than 120 months At least 120 months and less than 180 months At least 180 months and less than 240 months 240 months or more Longevity Compensation $20.00 per month 30.00 per month 40.00 per month 50.00 per month B. Effective January 1, 2002, all management employees as defined in YMC 2.20.115� shall receive compensation, called longevity pay, in addition to their regular salary, according to the following schedule, to be paid on the first applicable day following the thirty-first "Management employees" defined in YMC 2.20.115 means all non - temporary employees listed in the "executive series" (YMC 2.20.100(B)), "management series" (YMC 2.20.100(B)), "executive support series" (YMC 2.20.100(B)), "public safety management series" (YMC 2,20.100(E)), and "union exempt civil service classes" (YMC 2.20.100(D)). 97 2.24:010 day of December. and .the •thirtieth, day ;of June .of each year..> .. .... ':.=:Years of.Service . .' .. Percent of Base;Pay: 2.0[[? tt=;. .;4i:, t'., ..iL .•3..1, 4., .' 1. 1:5 ..., ..- 5,0: Z4, >: 6:5- 24 9.0 . :!Effectiye, tJanuary,,la. 2003, .all .sik1 .management efl ployees,shai1.recetye�lotng6Y.iiy pay,. inaddtfion to their. regttlgr satar 7 ,ae,eprdmg to the foltowulg.schedu)e, to be paid on the Arg;,gpplicable day following; the thirty first day,ofiDecewI er.and he tihirtiath,,day. :of�June of..eacis year.'EffectivenJanuary.'1,;2006, municipal:,judgesrshall. not receive,.1ongevih'.P.4Y.. >1 • ., .,t Years:of.Service .• 5 1.0 15 20' 24 Percent of Base Pay • • `•2:5 , .4,0 -55 7.0 i i.?=+ `I0:0 Effective December 9., 2012 (or:as individually negoti- ated between the city and prospective employees prior to the effective date of this amendment), newly hired. employees of the management group shall not receive lon- gevity pay. C. Upon termination of employment of anyone enti- tled to longevity pay, except upon the seasonal termina- tion of seasonal employees, 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 previ- ous 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 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- sons, or who terniinates his employment without giving at least two weeks' notice in writing of such termination. E. Employees covered by the Washington State Law Enforcement Officers' and Firefighters' Retirement Sys- tem who terminate their employment after disability leave (Yakima 12-12) 2.24.015 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 § I, 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 !. Chapter 'ar RETIREMENT,P.LAN.PAR,icnioi ; ';••••1',. s•• rt.t4 •• thililleapPlgYeeti40014014-,!,,:: •By4ein adopt.e4-41004)ershlgi, 2.36.010:/3ftublicpEmployee;.R0i,rernt Sstein,t, The!dity.of . • • , ,,• ticinat0'..inethe aib1iP:x401-0Yed.s.aitiOr4Ont.:*#einsis *" provided 'for by.IChetcr:34.4:14.0.144#1:0**Ocod0011.1, Washirigco:n ra*t.poit 4ty.„.01; Yakinia shall bo4.31410dedtin00::**;i,e5i.00.t41ip;iOr, berinf .the fire aepartmentand of th4poIicesdepartmeflt who are mernbers ofrtheo1ice and ih0,04..son*aiepv: such official so elgets.and:filesita34titteikinoti*OfisuOh electionvithAbe,boardOttrust,ce,stoft.the..ponftinnrem and thercity clerk.: (Ord.f.;9340 Sra.99-1.4d.-3227§f.1,„:. 1962; Ord. B-858 § 1, 1948). • ..r • • ' e-li r"... • 4- ;•• .4 *•' dj. *1. I• /r. ,•).4 • .,•(”*, ; itzet• ' • (Yakima 1-14) 2.40.010 Sections: 2.40.010 2.40.020 2.40.030 2.40.035 2.40.040 2.40.050 2.40.060 2.40.070 2.40.080 2.40.090 2.40.100 2.40.110 2.40.120 Chapter 2.40 LEAVES OF ABSENCE Eligible employees. Vacation leave. Sick leave. Bereavement leave. Civil leave. Military leave. Leave without pay. Unauthorized absences. Holidays with pay. Workweek. Overtime pay. Sick leave transfer (SLT). Vacation buy-back program. 2.40.010 Eligible employees. Commencing March 1, 1977, all employees of the city of Yakima shall be eligible for vacation pay, sick leave, civil leave, military leave and holiday pay as provided in this chapter, except as follows: 1. Temporary or emergency employees shall not be eligible for any leave or holiday privileges. Employees in permanent seasonal positions shall be eligible for all leave privileges except vacation leave. 2. Leave and holiday privileges for fire department personnel shall be governed by Chapter 2.22 of this code. 3. Police department employees and fire department employees eligible for benefits provided by the Law Enforcement Officers' and Firefighters' Retirement Sys- tem, RCW Chapter 41.26, shall not be entitled to sick leave benefits conferred by this chapter; provided, such employees shall be accorded leaves of absence as pro- vided by YMC 2.40.030(B)(4) and (B)(5). (Ord. 2051 § 3, 1977: Ord. 1938 § 1, 1976: Ord. 1468 § 1, 1972: Ord. 1451 § 1, 1972: Ord. 447 § 1, 1963: Ord. 69 § 1, 1960). 2.40.020 Vacation leave. A. Rate of Accrual of Vacation Leave. (1) Effective January 1, 1979, each eligible employee within the bargaining unit of the American Federation of State, County and Municipal Employees shall earn vaca- tion leave at the following rates: a. Employees with one full year of service shall earn ten working days, five of which maybe taken after six months of service; b. Employees with two full years of service shall earn twelve working days; c. Employees with five full years of service shall earn fifteen working days; d. Employees with ten full years of service shall earn nineteen working days; (Yakima 1-14) 100 e. Employees with more than fifteen full years of service shall earn twenty-two days. (2) Effective October 24, 1991, all management employees as defined in YMC 2.04.030(B), the chief of the fire department and the chief, captains and lieutenants of the police department shall be entitled to vacation leave at the following rates: a. Employees with less than two years of service shall earn eight hours per full month of service (twelve days per year); b. Employees with two years or more but less than six years of service shall earn nine and one-third hours per full month of service (fourteen days per year); c. Employees with six years or more but less than ten years of service shall earn twelve hours per full month of service (eighteen days per year); d. Employees with ten years or more but less than fifteen years of service shall earn fourteen hours per month of service (twenty-one days per year); e. Employees with fifteen or more years of service shall earn sixteen hours per full month of service (twenty- four days per year). (3) Effective January 1, 1979, police patrolmen and sergeants shall earn vacation leave at the following hourly rates for each full calendar month of service: a. Employees with less than three years of service shall earn six and sixty -seven -hundredths hours; b. Employees with three years or more but less than six years of service shall earn eight hours; c. Employees with six or more but less than ten years of service shall eam nine and thirty -three -hun- dredths hours; d. Employees with ten or more but Tess than fifteen years of service shall earn twelve hours; e. Employees with more than fifteen years of service shall earn fourteen hours. B. Accumulation of Vacation. (1) An employee within the bargaining unit of the American Federation of State, County and Municipal Employees may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two years of service, according to the accrual rate specified in subsection (A)(1) of this section. (2) Subject to subsection (B)(3) of this section, an employee in the exempt classification, as specified in YMC 2.20.100, the chief and deputy chief of the fire department and the chief, captains and lieutenants of the police department may accumulate vacation leave time in an amount equal to the vacation time the employee earns during two years of service, according to the accrual rate specified in subsection (A)(2) of this section. (3) Effective January 1, 1998, for the chief and dep- uty chief of the fire department, and the chief, captains, and lieutenants of the police department, at the end of each year any vacation leave accumulated in excess of the lim- 2.40.030 its specified in subsection (E)(2) of this section shall.he F. Reporting. Vacation leave with pay shall be paid to.the respective employee at ilie-ratefofenebtindred.:"' reported to thepersorinel•deliartment On ferns and:accord:, percent of:tite,emii,Mitees base wage in effect as of mg to procedures as specified by the directoi--ofpersonitel. December ',310-4iftbaiyeari:proVided; boWeVer,.:thitt4lie,:.f,r, (Ord. 2013,636.:§ -1, .2013: -Ord...98.:34 ..§1; :19.98; 'Ord employee must use atletisfsaVenfi:five-percentoflildfiiorl' 3403 § 6,1991;04 23.63'§'§ :1; 2; 1980; Ord,1265 § 4, vacation leaVe.aeciiiiaclitiing that yeariii oidar0 1979; Ord. 2153.g.'1978;Ord. 1901:§11,;•1976;;Ord4906;•.. for the ,paynient.imless Acute or all. of the. mitplOyee'd:.; § 1, '.1976;i:Ord:17454'6, s1'9: Ord. 16141.6;1974;Orcli, sehechiledIaaation leaVe.ti,se'lortliatlyear.is :Cancelled and 1474• § 3, 1972;• Ord: 4408-§1,1072;.(14.1401..§34;:1912; cannot be rescheduled that year, and itioKpreVenthe Ord. 1317 § 1971; Ord. 447 § 1963; Ord. 69110' employee from complying Oth , the seventy-five percent (pm9,4.9601: vaeaticrileavensereqUirementlAgthe'end.ofeeCItYear:a!it,' • ' * vacation tetiVe*cerued.M.04essOfidie:•lintitlidiveciOidlitti;',:,: 2.40,030 Sick, leave• stihieeti99J'(B)(4;.4this section,but 10..4hi4h"'iliA Accrual employee .dee,..s,..tnt.gtntify4for (0',..,Effe00:0a415024;4991,Talt employees exceptr' - ferred4Otheitmagementextended sickaleave p001 estab- management einp1oyees as defined m subsection D ofthis iishgcbiinikt*c 240 1104p;;„,. ;.,section ,and except einployees covered by the Washington (4) All 9111917:*019Yees,:.•.4:!irt0 ..ehapter. StegteiVEifforeerliett eX*441:100"pg this4sectioncnie,Y44CP14191144104604eAtirie .00t19 weAl98]deY, of1eave for each full calendar month of the exaq94.*01n4P404 forty hours : ......,4: , .:t ' .._ enilik#:e seiA9e)YItiili4.10...Vneie4:ii,q'feOfe may c;': ;CitYMEffiag0:45PrfitiOLific..,k.illpy ,,. ro: be accumulatedt01*:410100 tii0igiiiniiiii9d..,;__,c; (1) The city manager shall,heyetwotscretten ...tp; - , ( ). . i:94',.i1ii0 :1;04kic.W.T.:11 :#141.106.0.44'enIPXYi'** adjust vacation Accruals for -all inanagettient itnaike-es as ees as defirie'd*iiitiihdeetirni:Vat; ' ' section shall iccrne. defined liiirsite;.2194,639(ri) :,4;.::- Mr. • sick leave at the rate oftwo worlcing days of leave. for each D PerrniSsibleiUm,offacation4ccruals(WIth.hty. of tbetst sjx;f411keletidititriiiiiik kftbez.'illliiidSkie'S ser- (1)),IiNneatienlOenife . accumulated at tIAe1100. six vice with tb0*.giti, and diii.14110A shall accrue any months of service may be taken in the seven-Cmonth, and such 00100for..146p004) through the filliFeRVI` eachlmonth thereafter as accumulated- , ,„co..; • endijiniithirifierillee, tiereafter, eornmencingwithriffe' (2) Vacation lemming be taken4tAtich.tpeaas.,the thirfeentillillf'ealaiidar M9414.9f fc.F'05SAdb;941°YeP employee.cambe:spared,butAn.empjoyeewikbeallowid,.. sheik accrue sick.leairefit the kati*Ofthite tiTigifecia of to tikke.:1440ame.;*hen Ut,desires.if it js,p0OSiblet0 :Sited- leave toli.#4:4ille,iilanag'idtintlidtseRraitnuaidlick ule it at theitime... . , .. • ...:i1:: .: ; • . -...: • :.: leave may be accumulatedr for iii,jUliiillieditliOir'' • , . • • 4,. • . .,, fiZ.v: ..i.f.Z;;,1% Or.. All:Yeaation.lenve requestedmust be antudvance period. . ‘. . ... ........„. __ ..... . . . - .... • .......- :*: ::'4-:,*•..7.-- and approved.13Fthe-einpleyeelsidepartnientl — .. • EL.: BeiinitsiblMse,tifSiekleaVo-Aireinplayee ell . ..., _ .., . • • 4 • . • •• E. Terminal Leave. (1) A permanent employee,iwitenleavingithe.„service for the.folloWing reasons: —* • ' • ' • ." "'. ' of thelvitrin goodstandingand.Wholas given at-jcasttwo I. •Eerdonal, illneas or physical incapacity resulting weeks' notice of hislMtention!to leave, :shall; bkcornpen-,• from mules beyond employee's control, ,...../ •!........1Aai,Vr.,,• date of separation. . .. • • . . 1 . ,•. iegiele.. sated for vacation leave earned And: accumulated • to the 1,,.._.dIsueartinw;tMeo,f empleyee.inettiekposnre tom con- (2). No compensation for vacation leave:shalt:he pay- gible'for sick lee:ye:With 3n* .shall be. granted suchleave 3. 09-14.011, 11.111ries;',0y.enililoy..e.e.rs,eeiVitig Sick able'to any employee who terminates his...emplornent or leavq..witkpay, payments is terininated before;he has:completed:six montns,of Ser., underthe worlran!d..coMpeniatian ShilL for thevice... • •••...„ r duration of suet') paiiient;rireceiveartlY:that;pOrtion4 the (3) Any eligible employee who is • discharged or employee's regular salary *tiicii;f4ptiieryi,it)i:iaig063,... resigns as a result of disciplinary Action shall be entitled to ments,will equal,tii.e. employee's regUlei'sajary.:.In. order be compensated ,for.. onlythat vacation leave which was not to work an undue hardship on the ent0a-yeecOsed, by earned in preceding calendaryears-and not used,attime of the time.lag involyed,M7time,losapayrnents,:theemplOyee separation. This provision also:shall apply to employees shall be paid full salary and on receipt of tinieLliiss pay - who quit without givingthe notice specified:in subsection merits shell endorse such .payments to. the city, Said (E)(I) of thissection. • employee .shall, be charged with sick le4e.onlyfOr.thet (4) Terminal leave shall be computed by multiplying portion of the employee's regular salary forWhich 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; 10] (Yakima 1-14) 2.40.030 4. Subject to and in accordance with YMC 2.40.035, the death of a member of the immediate family of an employee or employee's spouse; 5. Illness and disability caused or contributed to by pregnancy, miscarriage, abortion, or childbirth; 6. Sick leave shall not be allowed for any period of time that the employee is gainfully employed by another employer, 7. Leave taken pursuant to and in accordance with the Family and Medical Leave Act of 1993 and the FMLA policy of the city of Yakima; 8. To care for a child of the employee with a health condition that requires treatment or supervision; "child" as used herein means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is (a) under eighteen years of age or (b) eighteen years of age or older and incapable of self -care because of a mental or physical disability; 9. To care for a spouse, parent, parent -in-law, or grandparent of an employee who has a serious health con- dition or an emergency condition; "parent" as used herein includes an individual who stood in loco parentis to an employee when the employee was a child. C. Requirements for All Paid Sick Leave. (1) Every employee must report to the representative designated by his department head the reason for the absence as far in advance of the starting of his scheduled work day as possible, but in no event shall this report be made later than the first day of absence. (2) An employee must .keep•,.his department head infonned •of lids• condition if inside' is• of nfore than tl e working days in duration. (3) • For each absence an employee must submit upon the approved form an explanation of the reason for such absence. A statement by the attending physician may be required if an absence caused by illness or injury extends beyond three working days, or for each absence, if requested by the department head. (4) Employees must permit home visits or medical examinations at the expense and convenience of the city. D. Enforcement of Sick Leave Provisions. (1) Any failure to comply with the provisions of sub- section C of this section shall be grounds for denial of sick leave with pay for the period of absence. (2) Misrepresentation of any material facts in con- nection with paid sick leave by any employee shall consti- tute grounds for suspension or discharge. (3) It shall be the responsibility of the department head or his designated representative to: a. Review all applications for sick leave and approve those which are bona fide and comply with the provisions of this section and forward same to the person- 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 the end of a pay period may be certified for payment of sick leave by the director of personnel upon recommenda- tion of the department head as indicated by his signing the time sheet and subject to the receipt of an approved appli- cation for sick leave pay immediately upon the employee's return to work; b. Investigate any suspected abuse of sick leave; c. Withhold approval of sick leave pay in the event of unauthorized use; d. Initiate disciplinary action if, as a result of inves- tigation, it is determined that an employee has been guilty of wilful misrepresentation in a request for sick leave pay. E. Sick Leave Exchange. All management employ- ees as defined by YMC 2.20.115 may exchange accrued sick leave for pay or for additional leave time as appropri- ate, in accordance with the options provided the employee, subject to the following provisions: 1. Except as otherwise provided in subsection (EX3) of this section, exchange of accrued sick leave for cash will be granted for those employees with less than ninety days (seven hundred twenty hours) of accrued sick leave in accordance with the following: a. Effective January 1, 2002, upon retirement the employee's accrued sick leave will be exchanged for pay at the rate of fifty percent of the employee's current base pay to a maximum of eighteen thousand seven hundred and fifty dollars. b. Effective January 1, 2002, upon termination under honorable conditions, as distinct from retirement, the employee' ,accrued sick leaye_wilt be exchanged for pay at the rate .btwenty-five percent of the employee's current base pay to a maximum of eighteen thousand seven hundred and' fifty dollars. Honorable termination includes layoff for budget reasons, resignation with proper notice, and position abolition. 2. Except as otherwise provided in subsection (E)(3) of this section, exchange of accrued sick leave for addi- tional leave days or for cash will be granted to employees who have accrued ninety days (seven hundred twenty hours) or more days subject to the following provisions: a. Effective January 1, 2002, upon retirement, the employee's accrued sick leave up through a maximum of one hundred twenty-five days (one thousand. hours) will be exchanged for pay at the rate of one hundred percent of the employee's current base pay to a maximum of thirty- seven thousand five hundred dollars. b. Effective January 1, 2002, upon termination under honorable conditions, as defined in subsection (E)(1Xb) of this section, as distinct from retirement, the employee's accrued sick leave up to a maximum of one hundred twenty-five days (one thousand hours) will be exchanged for pay at the rate of fifty percent of the employee's current base pay to a maximum of eighteen leave without loss, of pay per calendar yeaf..For,purposes thousand seven.huridied and fifty , of this sectiOt;.7.iiiimecliatefimilY'! means .husband, wife, • .• c,. Employees who have accrued more than ninc.ty parent,..tmcigarent,chrldgFeadehild, brothr or sister of days (seven hundred twenty hours) of sick* leave may the employee absence "..exchange such sick leiiVef8ibCnus.(riddi days excess of three days for a farnily death beiiijein by an at the rate' of four 4a:is of sick leaVe. fox:, eaCh. additional employee unless 'additional leave Is recoftiniendea by the leave day, not to ACeeda total' pfifive added:40e days employee's depaftment,..head. ;and approved by the • an'nually, utilization .of which would be ;subject * to the . „ appointing authority. APproYedleave in excess Of three •Fliedulingand apppyaliv,the department head: dayi for the deliVor.a family . member shall be debited •**3 Effective January 1, 2002, upon the death,of an.,:••,* agairiStffie,;ertiPloY604Cerned":siaklitiiiiannifiLleav employee, theemploYee"s. accrued sick leave up through a , compensatory ,time and/or other accrued leave (Ord .•• Maxim* of one hundred twenty-five days.(9ne thousand 200.1,64.§2, 2001) `.• ' . • .1i6-14) will be exchanged for pay at the rate of one hundred „ .„. „ . .,,„ „r. • , PdiceIitPftliieawItVeetS etfffentba4.,Pat to a maximum 4,40.00.: , of tluify-:severithouituttifiye.htindied#11a41, 8, • : (a)AilySnicaisazyleaVeihall be allowed by4ie head 4 In Decemberof each year, any accrudls beyond of the dePainient to;permit#),ethogype to serve as a the one hundreci-twenty day hmitattonapplicable to fire , , ;;;member 0,4,1itryy, of to exercise otheroiVil*fltties. Each not Covered*, the Washington employee who is grantedsuclileave, and per- • (State -Law Enforcement Officer s and Firefighter i Retire- tr.m.snie of the civil duties involved,received. com ,ment SisteOvillllettniontaticallY•exchanged based upon pensauon,, shall bepaidIhe 06:to the time is absent the formula of 4011i:bre. pay forIaCh thirty-two hours • only in the amount of excess ofis rigniaiarilaiYliVer the accrued or a percentage thereof for smaller accruals Such compensation so received. , pay-,*111,.appear on the employee sfinal paycheck for the (b), Payment for civil leave shail:„he in accordance year: • • prpeedure aetput ifflubsectitin 03g3). of YMC 5. Sick Leave Exchange Procedure. Any manage- 2.49.030,(Oid. 6194 J,1965d`fcL 447Ih 4;'1963: Ord. 69 ment employee may exchange accrued sick leave as pro- 11,;(part):. 1960).• • " • . . vided in subsection (E)(1), (E)(2) or (E)(3) ofthis section , En at the option of the employee, subject to the following 2.40.050 MilitakYleave, conditions and provisions: .Leave not to exCeedififte4 4ays,4ufing eacealendar a. A request for such an exchange shall be made to year, gyp!. and above annual viteaticnnr sick leave, may be the director of finance and budget All requests shall be in alowed any ainAoyeewhOill'a *40er. of the National writing and shall be signed by the employee making the „Onakil or of any orgattiF4rese0e.pr.:**06i,Ces of the request, or the legal representative of the estate of the .1.TnitedStates..:TheenOloyee will bilpaia,hilAcrmal pay employee in the event of the death of the employee. during such iui1itry leave,peifid when:tali-frig 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 theans calendar days. No ealeadar. days shall be be available within fifteen calendar days of the date the charged against the fifteeti:aayiniliMiY leave period for request is received by the office of the director of finance—*"noriw-oik daS.be. f, ore beginningthe * after theend.of any and budget. Exceptions to the above will be made for active military leave period. (Ord. 1911 §.1,..19715: Ord. 69 death, temination, 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. 240.000 • Leavelvit hout'pax. • d. No exchange will be granted to an employee who ••A. -4'11 leave without pay must be * requested and has been terminated for cause, as defined by civil service. • tipproy41•IDY•die department head" prior to Mei*. beginning (Ord. 2005-30 § 1, 2005; Ord. 2003-78 § 1, 2003: Ord. date iif.ach'.1eave. * • . ,• • 2001-64 § 1, 2001; Ord. 2000-29 § 1, 2000; Ord. 3403 § Leave without pay fof 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 svh6 has accrued vacation recofded: 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 103 (Yakima 1-07) 2.40.070 2.40.070 Unauthorized absences. Unauthorized absences from duty for three consecutive days shall constitute grounds for discharge at the discre- tion of the city manager subject to civil service rules and regulations. (Ord. 447 § 6, 1963: Ord. 69 § 1 (part), 1960). 2.40.080 Holidays with pay. A. The following days are established as holidays with pay for all eligible employees of the city of Yakima: the first day of January (New Year's Day), the third Mon- day of January (Martin Luther King, Jr. Day), third Mon- day of February (President's Day), the last Monday of May (Memorial Day), fourth day of July (Independence Day), first Monday of September (Labor Day), eleventh day of November (Veterans' Day), fourth Thursday of November (Thanksgiving Day), the day immediately fol- lowing Thanksgiving Day, and the twenty-fifth day of December (Christmas). B. In addition to the days specified in subsection A of this section, all eligible employees shall be entitled to one paid personal holiday to be selected by the employee subject to the following conditions: 1. The employee has been or is scheduled to be con- 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 must be provided for the convenience or necessity of the public on that Monday, the department providing such service may assign an appropriate number of employees to work and such employees will be granted an equivalent day off within thirty days of the holiday with such day off to be scheduled for each employee entitled thereto at a time determined by the department head but giving the employee the choice of the day preferred if possible. E. Employees shall receive one day's holiday pay at the straight time rate for each holiday specified in subsec- tion A of this section on which those employees perform no work; if the employee performs work on a holiday, that employee shall receive holiday pay plus overtime pay for all hours worked, except for employees covered by sub- sections I and J of this section. The holiday shall be included as "time worked" at straight time for the purpose of determining whether an employee .has worked forty hours in a week. F. When employees below the level of division head other than those working on jobs where employees are scheduled to work in shifts in a service that is rendered seven days per week and twenty-four hours per day are required to work on a holiday, they shall be paid for such 2.40.090 work at the rate of time and one-half.in addition to their regular • —P. 61cn..1..018.t ofannual leave of an employee, such holiday shall not be charged as a day of leave. H. .110.,ST.09M .sh.agl:ip paid,. for a holiday:unless sick oiMPlq.yee.k.in,a pay status both gliWOrkday befdre,, atid.the,workdaY,after such eXceptfaiemPloyees,„ working apeCiaLschedules wherein holidays are worked as •trp,art‘ofthat.scheclule. ;1' -••• " •:•;:,;;;`.„'is:, • fife iiiR4cTePt:!Pjx40', erned by YMC. • • . *(1 :be granted4imPRff kn.-11914 9filldliflaY1 41 41i!stY0.1111t.:Pfl!ifil.tP. the number ofholidays enjoyed by other employees during:the calendgyear..1',!'he amount,oftime.off holidays:, to, be granted,c1liniigeachryetir each January and iclieduledAbe takeniduiing:the!calpih,.. der Yeti,. The innount,of tune.off. in, lieu7ofliOlitlityisto hp granted 141111P111.6.M.1.004101PICYPil-fr=4,P4.04111.947, dar Y.efir!Ofillt?P:Pr9riOci, for The PORd 44,the 01.1,P,1041 year during which that indjvidual iS, eippliiited, and a deduction.shall be taken from the sajary Of any employee who ceases employment and ,who :has „talianwtisie off, in lieu of' holidays in excess of the pro pita, ,amount to be • granted the employee by. the provisions .of this .section. Any time„off,:iii. lien of holiday's. not taken , by;:pecember; 31st. of each year,,Shall be forfeited unless the city manager extends the time within which Such time offmay betaken because of an emergency or other wimp& .cgcumstances. K. In the event that a holiday faits omen. eriiployee's regular.day,Off;tbeemployee shall hame.equal time off to be scheclule4 Nyithiti uin,4y.days. :(Oit 2002-23 § 1, 2002: Ord. 2 i78 1, 1978; Ord. 2062 §§1,2, •1971; Ord. 20'41 § 1,1977: Ord. 1967 § 1, 1976: Ord. 1848 §§ 1, 2, 1975; Ord..1201 §§ 2,1,1970: Ord. 1081, 1968; Ord. 447 § 7, 1963: Ord. 69 § 1, 1960). 2.40.090 Workweek. ,A.• W.cirivreek Provisions. With the .exception of tjie fire and.police departments, and transit division and other jobs which require .consideration by mutual agree- ment between the employees and !he appointing authority, the following provisions shall govern the workweek, and workday and work.shifls of employees within the bargain- ing unit of the American Federation ofState,.dounty and Municipal Employees: 1. Workweek. The workweek shall consist of five consecutive eight -hour days with two consecutive days off, or four consecutive ten-hour days with three consecu- tive days off. 2. Workday. Eight or ten consecutive hours of work within a twenty -four-hour period shall constitute a work- day, and the regular hours of work each day shall be con- 105 secittive: except that they may .be interrupted, by a lunch. periiiiiwhieb.shall not belessthauffiirty minutes:• Shift. EAght.pr ten2:COnsecutim hours work s1aII constitute a yy,oilt„Shlg.;All eruplu)ies shall he, sefriedilled.te work On:a regular work shift, . and each Work. shift shall fovea regular stating; and quitting time .7 Workweek-,-7-TransitpPeratf,40;„:The:.*orkVice_g, for transit operators shall consist offorty hours per dar week. .A;workday may be either consecutivehours or . • 8.414;.0.ifft;'!wiiii .aii-gmAofics....itiitts.,an4. routes to ..15.p",, made on the basis ofr&.quests by transit accordia8to their senior ty ...g.Aokriiincing:.itily1,t,101,. the basic workweek for employees of the .1011r;9 department shall be forty, hoursthe itandiiiclwakkiay shail b eighelionra; pro vided, thq.chiefpfthap.oliceidepartinept may„at,iiny time &O0 'its ager, schedule ,-;9,.3Voritda , „sOlia,t_seytain, empIoyes designated by the,chief will work ten day, four days a week: (Ord 46$:..§§,...§,fia.) 971;:prd. 1317, §§ 2, 3, 1971,Prd. 1291.,:g 9457:- Ord. 854 § 5, 15,466: prd..,83.5;§ ;1? 190i,Pid:„.447§-8, Ord. 69 § I (part), 1960). „ A. Overtime payment will anord. for, an employee below the rank of, jd ytsionsheaddfirid. notice cap- tain when ordered towork.at.tfie,ratetof time aildpne•tha1f. except follows:r, : • :1. ,„ Commencing ,TaniiFy!.1, 180.w,lie police offi- cers. or sergeants arp`reOired; toi their off duty hours, 44,:yA0114e.,0011,14, at astraight tine ratejor.suEktime:, p#0*...pf:tta,oppils jper_dayfor court appearinCe shall be allowed,lfaucli cbur t appear- ance occurs on a day which the . officer is scheduled to work,.but occurs outside of hip regularsEhedtileci ing,ltiuTsA minimum of four.: hours per day for, ponit. appearance shall be allowed. if, such court. apPeOarice occurs on a day on which:the officer is no scheduled. work. The. officers shall. hay .the option :to take time -oft? at a straight time:rate, in, lieu, ofspayment,...and,.to accumn- late. sucktime off to a maximum,of_twenty-four hours for any one officer. 2. Overtime payment may be allowed for division heads and police captains, atffie. ratesaoftim.e:and one-half when required to work „Incaise of an emergency or unusual ,dircumstances, .if approyed by the, cpy,panager. 3. Department directors, when required to work overtime in a non -supervisory capacity 'because., of an emergency determined by the city manager, may be paid overtime at. a .straight time rate; .provided,. commencing May 18, 1980; department directors, when required to work in excess of forty hours...during any work week in a supervisory capacity because of an emergency or unusual 2.40.100. • . • •. • • 1! • • (Yakima 12-12) 2.40.110 circumstance approved by the city manager, shall be paid at the rate of time and one-half for such overtime work. 4. Compensating time off in lieu of overtime'pay, as based on the rates provided by this subsection, may be taken at a time agreed upon by the department head and the employee, but may not be imposed by the department head in lieu of overtime pay upon any employee who has not so requested such compensating time off. Compensa- tory time off may be accumulated to a maximum of five working days unless the city manager approves additional accrual because of an emergency or other unusual circum- stance; provided, however, an employee, who as of Febru- ary 8,1979, has accumulated compensatory time in excess of five days, may retain and use that accumulated compen- satory time. B. Overtime pay for employees, other than fire department personnel, who are paid at a monthly rate shall be computed by dividing the basic monthly salary by one hundred seventy-three and thirty-three one -hundredths and multiplying by a factor of 1.5. C. Fractions of an hour served on overtime duty shall be rounded to the next full hour for the purpose of comput- ing the amount of overtime. D. Time spent by an employee beyond the normal working day for training classes or travel shall not be con- sidered overtime work. E. A minimum of two hours pay at the time and one- half rate will be paid to an employee who is called to return to work after leaving the worksite at the completion of the shift, or called to work on a day off. Such call -out time shall be counted from the time the employee leaves home and until the employee returns home. F. Vacation leave, sick leave and compensatory time used (and holidays as provided In YMC 2.40.080(E)) shall be included as "time worked" at straight time for the pur- pose of determining whether an employee has worked forty hours in a week. Civil leave, military leave and leave without pay shall not be included as "time worked." (Ord. 2709 § 1, 1983: Ord. 2421 § 1, 1980; Ord. 2400 § 1, 1980; Ord. 2265 § 7, 1979: Ord. 2014 § 2, 1976: Ord. 1923 § 1, 1976: Ord. 1614 § 9, 1974: Ord. 1203 § 5, 1970: Ord. 1129 § 1, 1969: Ord. 854 § 6, 1966: Ord. 613 § 2, 1965: Ord. 44.7 § 9, 1963: Ord. 69 § 1 (part), 1960). 2.40.110 Sick leave transfer (SLT). A. The city of Yakima allows eligible management, AFSCME and unrepresented employees to transfer paid sick leave to other eligible employees who have exhausted all other accrued paid leave and stand to lose compensa- tion because either they, or their immediate family mem- ber(s), have suffered a catastrophic illness or injury. B. This chapter applies to city of Yakima donor employees in full-time status, who have worked at least one year, in good standing with no pending disciplinary actions or history of chronic . absenteeism. Recipient (Yakima 12.12) 106 employees shall qualify for leave up to twelve weeks if they, or a qualifying household or family member, suffer from a catastrophic illness or injury and all of the recipi- ent's accrued leave is exhausted. C. Definitions. 1. "Immediate family member" is defined as those individuals who live in the same household as the employee and are related by kinship, adoption, domestic partnership or marriage; or are foster children certified by the state of Washington. If not in the same household, an Immediate family member is strictly limited to the employee's spouse, child or parent. 2. "Licensed practitioner" includes a licensed physi- cian, nurse practitioner, or other licensed health care pro- fessional. 3. A catastrophic illness or injury is a severe condi- tion or combination of conditions affecting the mental or physical health of the employee or member of the employee's immediate family that requires treatment by a licensed practitioner for a prolonged period and that forces the employee to exhaust all leave time earned and there- fore results in loss of compensation. 4. A severe condition or combination of conditions is one that will result in death if not treated promptly; requires hospitalization for more than seventy-two con- secutive hours; or causes a person to be legally declared a danger to him or herself or others. For purposes of this chapter, pregnancy and elective surgery are not consid- ered severe conditions, except when life -threatening com- plications arise from them. D. Process for Requesting Leave Transfer. 1. An employee is eligible to request use of SLT hours for their documented personal serious medical con- dition. 2. SLT hours shall not be used until all personal sick, annual, compensatory and in -lieu time has been exhausted. 3. A request to use SLT hours requires submission to the human resources manager, with accompanying medical documentation, by the fifteenth of the month. It will be forwarded to the city manager for final approval. The medical documentation must include an estimate of the amount of time needed and expected date of return from the accident, illness or injury for which the sick leave is being requested. If the medical documentation does not provide a specific date of return to work, follow-up docu- mentation must be fumished every thirty days. 4. SLT may be requested and granted in increments of no more than ninety calendar days per request, up to the maximum allowed. If the duration of the event exceeds ninety calendar days, the employee will be required to submit another request for SLT. 5. If the request is approved, the human resources office will immediately route a copy to the payroll office 2.40.120 for processing and notification to the employee and super- visor that the request has been approved. •6. The human resources manager will coordinate distribution of an email communication soliciting volun- tary leave hour donations on behalf of the employee. 7. Requests cannot be retroactively used unless doc- umentation is .provided regarding conditions warranting delay in receipt; of their request. E. Conditions for Donating Leave. 1.- .Employees who wish.to.donate .leave to ,another employee must have.a:minimum balance of eighty hours of annual leave and/or three'hundred eighty-eight hoursof sink leave remainiig'following the transfer of leave hours. The transfer of compensatory time or in -lieu time does not require a rniriimurri balance remain. 2. The Minimum amount for each transfer is eight hours except an employee may donate all or part of their personal holiday..- 3, A donation form, available in human resources, must be completed and submitted to the payroll office by the twenty-fifth.of die month. (The funding of the dona- tion will come from the donor employee's division bud- get. The division budget of the recipient will receive the funds.) 4. Once the sick leave transfer has been approved and processed by finance, it cannot be canceled. 5. The hours transferred to recipient employees by the employee's spouse, either of their parents, grandpar- ents, brothers, sisters, children or grandchildren will be processed prior to those received from other employees. 6. Leave hours may be transferred from an employee's leave balance to an employee approved to use donated leave hours at any time prior to the effective date of 1oGrcurent or termination 'from the city. The donation cannot consist of excess leave that the donor would not be able to take during the period between the date of the request and the donor's anniversary date. F. SLT Usage. 1. SLT hours may be used consecutively or intermit- tently, up to the total number of hours available in the month. If hours in excess of the number needed for a full paycheck are received they will be held and used monthly, up to ninety days, if needed. 2. Receiving employees must provide notice to their department head and the human resources manager if there is any change in the circumstances for which the leave is being taken or if additional leave is needed beyond the period covered in the original request. 3. Receiving employees may not use more than twelve weeks (four hundred eighty hours) of transferred leave per catastrophic event. 4. A participating employee must not be receiving state -funded disability benefits intended to replace all or a portion of the employee's income. This applies to employ- ees on workers' compensation or other_ city- or state - funded disability. income. insurance:- 5: .An :eiimployei:or supervisor •who :attempts to coerce or pressure another employee to transftr or not • transferleave will be.subject'to ,disciplinary=action: ohs selling or purchasing of leave is alsoatrictly:prohibited . G. Coordination with Other Leave and Benefits. 1. Annual leave and sick' leave accruals will not be earned if fifty percent or more of the hours of the month's compensation.are.from.transferred leave, ... 2. Pursuant to WAC 415-108-468, transferred'leave hours are not eligible for Department of Retirement Sys- tems (DRS) service. credits. H. When the employee is absent from work because of a catastrophic illness or injury, the employee's depart- ment headshall require that,.prior to the employee's return to work, the employee.subniit a licensed practitioner's written statement tflat the employee' was required to, be absent from duty because of the condition and the date that the employee is able to return to work. The statement must also specify what limitations, if any, exist to the employee's ability to perform his or her essential job func- tions. If limitations exist, the supervisor shall contact the human resources manager. I. The city manager is the administrator of the SLT program, but may delegate approval authority as he or she deems necessary. (Ord. 2012-20 § 2, 2012). 2.40.120 Vacation buy-back program. A. Purpose. The city of Yakima's annual vacation buy-back program is provided as an optional benefit for nonrepresented employees who elect to convert accrued vacation time into an annualized cash valite. The goal of the program is to improve- attendance, increase benefit flexibility, create uniformity with existing programs of represented employees, and limit accrued financial liabil- ities. B. Applicability. This section is applicable to non - represented full and part time employees of the city of Yakima who elect to sell back their accrued vacation hours to the city. C. Eligibility Criteria. (1) Regular full-time and part-time employees may sell back up to one-third of their annual vacation accrued leave. (2) Vacation hours eligible for buy-back are those hours earned up to the one-third maximum, accrued within the preceding twelve-month period. (3) No more than one request may be made per calen- dar year. D. Procedure. (1) Employee Responsibility. The employee shall request a vacation buy-back form from finance, indicate their requested hours, and submit the form through their supervisor back to finance. 107 (Yakima 1-14) 2.40.120 (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•I4) 108 2.44.010 Chapter 2.44 LOBBYING BY CITY PERSONNEL Sections: 2.44.010 Declaration of necessity. 2A4.020 Authorizingemployment of representative. 2.44.030 Perpremitted activities of resentative: 2.44.040 Payment for services of representative. 2.44.050 Prohibited expenditures. 2.44.060 Ethical' practices and conduct. 2.44.010 Declaration of necessity. It is determined by the city council of the city of Yakima that the study and collection of information, data and opinions on the administrative and enforcement effi- ciency and costs attendant therewith and the societal eff L.of—proposed, pending or enacted legislation is necessary for legislative planning or revision, and that a prompt, informative response to inquiries from legislators and public administrators, and attendance at legislative committee hearings, relating to the effect of legislation on municipal finances, services and authority, is neces- sary and helpful to the legislator in the enlightened per- formance of the legislative function and serves the best interests of the citizens and the public, and is declared to be a municipal purpose. (Ord. 1948 § 1 (part), 1976). 2.44.020 Authorizing employment of representative. The city manager of the city of Yakima is authorized to designate city employees,or representatives to collect, accumulate and analyze information concerning the effect 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 ment and within all legal regulation of such activity. Such representative shall not have any authority to make any statements,..comm.itmentsorpromises :binding upon the city, but may speak to 'influence the passage, debt or amendment of legislation affecting the city in accordance with the polio or position approved by the city council. (Ord. 1948' § 1 (part),•.1976)., 2.44.040 ,. •Paymentfor services of representative.;... While.engagedin.such.infoimational,.educational and testirriorir$1 activity,; a; city, employee shall .continue. to receive. his or.her.cuirent salary as•a.city.employee. No additional compensation shall be .paid or accrue to. an elected official:durtng.his or.her,term of,offce with the city for, such research, iinformatiornal or lobbying services to this:ctty {Sn'e mployt a or official shall receive reini- bursement for the reasonable costs of travel, Iodguig,. and personal meals reasonably incurred in the course of such service, in accordance with the city's reoular policiesand rates. es' to such reinihnrsement. (Ord. 1948;,§ 1 (part), 1976). 2.44.050 .Prohibited. expenditures.' . No expenditures from city: funds for the hosting, enter- titinnzent:or campnigassistance of anyJegislator or state o�cer`shaltbe authorized, expended or reimbursed:(Ord. .194/3; § 1 (Part), '1976)1 2.44.060 Ethical practices and conduct. The city's employee or representative in such informa- tional or lobbying activities shall comply fully with all state regulations relating to ethical practices and conduct, and comply with all regulations relating to the reporting of expenditures in connection therewith. (Ord. 1948 § 1 (part), 1976). 2.45.010 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 APPENDIX F CITY OF /A4Z41%4 ADMINISTRATIVE POLICIES REISSUED POLICY NUMBER: 1-1900 FORMER POLICY NUMBER: n/a DEPARTMENT: Finance AUTHORIZE© BY: City Manager 1 Finance Director EFFECTIVE DATE: 09111/2025 SUPERSEDES: 1110112012; 0612012018; 1110112021; 05117/2022; 0710112024; 06120/2025 REISSUE DATE: 09/1112025 POLICY: TRAVEL AND REIMBURSEMENT PURPOSE This policy provides direction and guidance for reimbursement of reasonable and necessary expenses incurred by employees while traveling on City business. It also establishes guidelines for authorization and approval of those expenses. POLICY SUMMARY Employees will be reimbursed for authorized and valid expenses incurred while traveling on official City business. Reimbursement is subject to the requirements and restrictions of this policy unless otherwise indicated in a collective bargaining agreement. Generally, eligible expenditures include travel and reasonable costs incurred by an employee as necessitated by City business. It is assumed and expected that expenses will be consistent with the best interests of the City, including the City's need to manage travel costs. Pursuant to the applicable parts of Chapter 42.24 RCW, et seq., IRS Rev. Rul. 2006-56, IRS Rev. Proc. 2005-67, the website of the federal office of the General Services Administration (GSA) and the City's PCard Policy (ADM 3-400), the rules contained in this policy ensure employee reimbursements are not only consistent throughout the organization but also emphasize transparent cost containment measures. SCOPE AND APPLICABILITY This policy applies to all City employees, as defined below, who incur expenses while traveling on City business and request reimbursement. The staff member must be in travel status to qualify for reimbursement. DEFINITIONS Authorized Meals. Meal expenses directly related to business meetings or meals during approved travel status, and which are not provided as part of the registration cost of an event shall be considered authorized and shall be eligible for per diem or reimbursement. Department Directors may request an exception from the City manager if they believe an unauthorized meal should be reimbursed. Employee: For the purpose of this policy, the term "employee" is defined as Council Members, City elected and appointed officials, employees, members of City boards, commissions, and/or citizen advisory committees. Incidentals: Expenses for fees and tips given to wait staff, porters, baggage carriers, and hotel staff are examples of incidentals. Northwest: For the purpose of this policy, travel to Washington, Oregon, Idaho, and British Columbia are considered the Northwest. Per Diem: daily allowance for meals and incidental expenses incurred while on a business trip. Travel Time: Travel time shall be pursuant to the Fair Labor Standards Act, the Portal -to -Portal Act, and Washington State Law. • Non-exempt employees will receive their normal rate of pay and may be eligible for overtime compensation. • Non-exempt employees' normal work hours may be adjusted to accommodate the training and travel timeframes. • Specific to air travel, the City is obligated to compensate non-exempt employees for "total trip time" • Non-exempt employees shall be in a paid status from the time they leave their worksite or home to go to the airport until they arrive at the training facility or lodging and then the return as determined by management. o Employees should arrive at the airport within a reasonable amount of time to make the flight. • In general, employees are not considered in a work status for time spent during meal periods, networking or after -hour events, nor will they be compensated for time spent on personal errands and/or side trips during City travel. The City is aware there are various scenarios that exist which will not be able to be addressed by this definition. These situations should be reviewed on a case -by -case basis prior to approval with the employee's supervisor and if necessary in consultation with HR. Travel Status: An employee is in "Travel Status" when travel is on behalf of the City, for official City business and at least one of the following conditions are met: • The employee stays overnight. • The employee's travel extends the scheduled workday and pre -approved by the employee's department director. • Travel occurs more than 50 miles one way (most direct route) from either the official duty station or official residence, excluding the normal commute as determined by management. Within the City: For the purpose of this policy, within the city refers to any destination within 50 miles of the City of Yakima. APPROVAL AND PRIOR AUTHORIZATION A. Prior authorization is required for all travel outside of the city, for all employees. 1. An employee must: a. Use the CityICE Travel/Training Authorization App to obtain the required approval signatures. The CityICE Travel/Training Authorization form (TTA) includes full cost 2 estimates for travel, registration, lodging, parking, baggage fees, meals, etc. b. An employee incurring travel -related expenses without obtaining prior approval may not be eligible for reimbursement for those expenses by the City. 2. The City Manager shall approve all requests that include any travel outside the continental US or any travel that is for more than 5 five overnight accommodations for all employees. 3. Department Directors are authorized to approve travel within the continental US for their employees' that is for 5 five overnight accommodations or less. 4. Department Directors are authorized to approve travel expenses for mileage and authorized meals within the City. 5. Council members attending regularly scheduled and/or standing regional meetings within their committee assignment, or otherwise previously approved, are representing the City officially and are eligible for reimbursement of associated costs. 6. Council members participating in other regional meetings, forums, and trainings are attending in an unofficial capacity on their own time and resources. 7. Travel to conventions or meetings outside of the Northwest will only be authorized if the Department Director determines there is no similar opportunity closer. 8. Department Directors are authorized to attend one national or regional conference for an association annually, provided: a. They are an active member, b. The conference has been budgeted, c. Attendance has been approved by the City Manager. 9. Any exceptions to this policy must be approved in advance by the City Manager. B. Division Managers or employees who serve on a national committee or serve as officers for a national association that benefits official city business are authorized to attend one national conference for the association provided: 1. The conference has been budgeted. 2. Attendance has been approved by Director and/or City Manager. REQUIREMENTS FOR REIMBURSEMENT OF EMPLOYEE TRAVEL When employees are making travel arrangements, it shall be the responsibility of the employee to obtain, whenever available, govemment discount rates. Employees are expected to make travel reservations in advance whenever possible to ensure travel is secured at the most reasonable rate possible. It is the employee's responsibility to review and obtain necessary clarification before completing a TA reimbursement. Employees may be reimbursed for the following types of expenses incurred on official city business if the following conditions are met: Transportation Actual costs for air travel, bus travel, train travel, taxi/shuttle, car rentals, ride share apps, baggage fees, and parking fees, are eligible. All Reimbursements will be for the actual cost. A. Air travel: Where a trip requires air travel, reimbursement will be based on the price of a main cabin/coach ticket. Every effort should be made to book air travel in advance to ensure the City is paying the lowest rates. Department Directors are responsible for ensuring the method of travel chosen by their employees is the most cost effective. Frequent flyer miles earned, accrue to the individual and not the City, should not be the criteria for selecting a flight if lower cost altematives are available. 1 Other factors including but not limited to distance, travel time and number of travelers should be considered. 2. Reservations should be made at least 7 days in advance. 3. Air Travel Insurance/Refundable tickets are at the discretion of the Department Director. 4. Expenses incurred while in flight are not reimbursable. 5. One checked piece of personal luggage meeting regular airline size/weight requirements is allowed. (Charges for overweight luggage or excess pieces are not allowed. It is the employee's responsibility to research restrictions.) B. Car rentals: Car rentals shall be pre -approved on the digital TTA and shall include an explanation as to why the car rental is necessary, as opposed to other modes of transportation and would be less expensive than altemative travel sources such as taxi or airport shuttle. 1. Employees shall make every attempt to carpool to the same event and not request reimbursement for more than 1 vehicle. 2. Rent the most economical car possible for the number of people riding. 3. Always retum the car with the amount of gas required to avoid paying the higher rental car establishment price per gallon. 4. When you rent a car under your name and you have a personal auto policy, your policy would be primary, and the City of Yakima's policy would be secondary. 5. If you do not have a personal auto insurance policy, the City of Yakima's Policy would be primary by default. 6. The City PCard shall always be used for car rentals and the Company's Collision Damage Waiver declined. C. Personal Vehicle: An employee may choose to take a City owned vehicle or their own personal vehicle. 1. If an employee chooses to take a City -vehicle, they need to check to see if an appropriate City -owned vehicle is available for use within their division. 2. If an employee chooses to take their own personal vehicle, mileage will be reimbursed at 100% of the rate authorized by the Internal Revenue Code at the time of travel. • You must show the calculation of how many miles it was round trip. • Reimbursement must not exceed the total cost of the least expensive round- trip airfare to the same destination. • Mileage is calculated based on actual miles driven from an employee's normal work location or residence as determined by management. 3. If two or more employees are attending the same out of town meeting and choose to drive separately, only one mileage reimbursement will be paid by the City at the appropriated rate described above. Carpooling is recommended however, directors can approve exceptions as needed. a. DO NOT use a City PCard to put fuel in your privately -owned vehicle, or you may have to reimburse the city for the charge. D. Airport Shuttlevia Bus, Taxi, Lyft, Uber, or Other: Reasonable costs for transportation between the airport and hotel by means of taxis, buses, Lyft, Uber, etc., will be paid if itemized on the TTA and accompanied by an itemized receipt. The City will also reimburse tipping up to 20% rounded to the next whole dollar after an itemized receipt has been provided. Reimbursement of transportation for the purpose of obtaining a meal is prohibited if there are facilities within walking distance. Lodging Per City Ordinance 2020-007, lodging reimbursement is at the actual cost for a standard room per day, so long as the actual cost is reasonable and prudent. It may be reasonable for employees 4 to stay at the conference hotel, even if it is over the expense ceiling, when additional transportation costs would exceed the maximum. Government or discount rates should be obtained whenever possible. Lodging is assumed to start the night prior to the conference/training start date and check-out on the last day of the conference. An exception may be made based on the discretion of the Department Director. Department Directors are responsible for determining the most cost- effective means of arranging accommodations. The City Official or employee must submit an itemized hotel bill upon completion of the trip. A credit card receipt alone is not sufficient documentation. Amenities not included in the hotel rate are the responsibility of the employee or City Official. When a family member accompanies a City Official or employee on City business, the employee will be reimbursed the rate for a single room only. No person other than the employee may receive the benefit at the cost of the taxpayer (whether city funds, grants, gifts, taxes, or fees). Meals The City will utilize the Meals & Incidental Expenses (M&IE) rate issued by the GSA for authorized meals during employee travel. (www.asa.qov/perdiem). The following guidelines apply: • The use of City PCards for meals is strictly prohibited. • Meals included in the registration fee for training, conferences, etc., must be deducted from the per diem allowance. (GSA 301-11.101) o Tips and tax are included in these rates. • Per diem rates should be claimed from the first to the last day of travel for the period an employee is in travel status. • Per diem rates for meals will be based on the destination of travel. • Employees must request per diem in advance of their travel by using the CityICE Travel/Training Authorization App; the conference agenda and GSA rate page must be attached. o It is the responsibility of the employee to request per diem ahead of the check runs. The check schedule is available on Citylce. • If an employee fails to request per diem in time, the employee may request per diem reimbursement upon their retum. Per diem and out-of-pocket expenses will be provided to the employee after the expenses are settled in the Travel/Training App on Citylce. The compensation provided is the federal GSA rate based on the destination, travel schedule, and supporting documents. • If a trip or event is canceled or the employee does not attend and the per diem was disbursed, the employee is required to reimburse the City within 15 calendar days for the amount disbursed or prorated for not attending the full event. o If an employee fails to reimburse the City within the timeframe, the employee may be subject to disciplinary action. To qualify for a meal per diem, the employee must be in Travel Status: TRAVELSTATUS. 1 Tim PERIOD . ,MEALIS) REIMBURSABLE . If in a Travel Status: Before 8:00 AM 'Breakfast Between 11:00 AM — 2:00 PM Lunch After 6:00 PM Dinner If an employee chooses to travel to a destination in advance of the necessary arrival time or 5 remains at the destination following the official closing of the event, they will not be considered in a travel status during that timeframe and are not eligible for per diem, lodging, or miscellaneous expenses. DISALLOWED REIMBURSEMENTS In addition to previously identified non -reimbursable expenses, the following expenses shall not be paid for or reimbursed by the City: • Travel expenses paid by another organization. • Transportation costs, meals or lodging accommodations for family or guests. • Upgrades (i.e. airfare, lodging, etc.). • Additional extracurricular activity charges associated with travel status (entertainment activities, golf, dinner cruise, amusement park entrance fees, or clothing) are not eligible expenses and are the sole financial responsibility of the employee. • Mileage if carpooling and traveling as a passenger in a privately -owned vehicle. • Theft, loss, or damage to personal property. • Fines or penalties. • Valet Services, unless this is the only option. • Over-the-counter medications, such as aspirin, cough drops, antacids or allergy pills. • Any other personal expenditure or expenditures beyond "reasonable and necessary" as determined by the City Manager. HOW TRAVEL EXPENSES ARE PAID A. There are three methods to pay for employee -authorized travel: 1. Meals shall be paid utilizing the per diem process detailed above in the `Meals' section of this policy. 2. City of Yakima PCard Policy ADM 3-400, excluding meals. 3. Employee pays for trip out of personal funds and requests reimbursement from the City via CityICE Travel/Training Authorization app. reimbursement tab (digital TTA reimbursement) I CitvICE Apps (vakimawa.gov). This must be completed within 45 calendar days of returning from travel. If the employee fails to complete the required reimbursement process within the time allowed, the digital TTA reimbursement must be approved by the City Manager before reimbursement can be processed upon completion of the travel. B. Original receipts are required for all expenses submitted for reimbursement. 1. Attach itemized receipts as required in the digital TTA. 2. If receipts are lost, a signed "Affidavit of Business Expense for Lost or Incomplete Receipt" (see ATTACHMENT A) lostreceipt.pdf (vakimawa.gov) must be uploaded to the digital TTA, stating the nature of the purchase, what was purchased, and the reason a receipt is not available. C. Reimbursement will be made after digital TTA reimbursement is completed and approved. D. After completing travel, the employee may be required to complete an oral or written evaluation on the value of the travel to the City. This evaluation is meant to be a tool to measure the benefits of the travel and to learn what the employee absorbed in the experience. If required, the post travel synopsis must be submitted with the digital TTA. E. Registration fees are to be paid out of "Miscellaneous" budget account. 6 SOURCES City of Yakima Ordinance No. 98-008 ADM 1-725 Employee Recognition, Meeting & Breakroom Supplies ADM 3-400 PCard Policy Municipal Code 3.01 ATTACHMENTS Attachment A - Affidavit of Business expense for Lost or Incomplete Receipt lostreceipt.pdf (vakimawa.aov) 7 ATTACHMENT A (Originals available on CityICE) City of Yakima AFFIDAVIT OF BUSINESS EXPENSE FOR LOST OR INCOMPLETE RECEIPT I hereby report that I do not have a receipt to document the purchase identified below: I. Check all that apply. I was unable to secure a receipt. I had the receipt but can no longer locate it. ❑ I have made several attempts to secure a replacement receipt. This receipt was for multiple items/people. II. Date of Purchase: III. Amount of Purchase: IV. Merchant (Name & Location): V. Item(s) Purchased: VI. Business Purpose: VII. List all persons for which this expense was incurred (include employee division; external party's business affiliation, as applicable): VIII. Additional Comments: With my signature below, I attest that all expenditures included herein for reimbursement from the City are accurately stated, had a valid business purpose as stated above, and include no alcoholic beverages. This signed document will be placed on file as a substitute for the original receipt. I understand that per the City's Travel Policy and by the direction of the State Auditors Office, detailed receipts are required to document expenditures incurred while on City business. I further understand that repeated incidences of lost/ incomplete receipts may result in my travel privileges being reduced or suspended and further disciplinary action could be taken. Sm,nun DATE Piano ?km EMPLOYEE DIVISOR/DEPARTMENT DIVISION MAtuua DATE DEPARTMENT HEAD DATE Affidavit of Business Ex 2/25/08 8 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.N. For Meeting of: November 18, 2025 Resolution authorizing a collective bargaining agreement with the Yakima Police Patrolman's Association (YPPA) for January 1, 2024 - December 31, 2026 SUBMITTED BY: 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 (2024-2026). 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 4.25% for 2024; 4% for 2025 and 3.75% for 2026 • Deferred Compensation match of 1% effective 1/1/2026 • Investigative Unit stipend increased from 3% to 4% in 2025 and from 4% to 5% in 2026 • Longevity increased at 14 years by 0.5% and 19 years of service by 1.0% • Sergeant Pay changed from 16% above officer pay to 16.5% effective 1/1/2024; 17% effective 1/1/2025 and 17.5% effective 1/1/2026 • Education incentive increased: AA from 1.5% to 2% and BA from 3% to 4% • Retirement sick leave value cap increased from up to $22,000/$28,000 to up to $30,000 for officers and up to $35,000 for Sergeants • Employee medical plan co-pay/out of pocket deductibles increased ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: RECOMMENDATION: Adopt Resolution. ATTAC H M ENTS: R-2025- YPPA collective bargaining.doc 2024 - 2026 YPPA Final_Clean Copy.pdf MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA, AND YAKIMA FIREFIGHTERS ASSOCIATION LOCAL 469. THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Yakima Firefighters Association Local 469 (hereinafter "IAFF") and the City of Yakima, a Washington Municipal corporation (hereinafter "City"). Whereas, the City of Yakima is a charter city of the first class of the State of Washington and is the employer of all members of the Yakima Fire Department; and Whereas, the IAFF Local 469 is the exclusive bargaining representative of the LEOFF firefighters who provide fire protection services and other related fire department services within the City of Yakima; and Whereas, the parties have entered into effects bargaining after discontinuing fire services with Union Gap and in light of the current city budget cutting the Fire Departments budget by a total of over three million dollars; and Whereas, this MOU memorializes the agreements between the City and the IAFF for this effects bargaining. All parties acknowledge that these issues have been negotiated in accordance with RCW 41.56; and Whereas, the City and IAFF agree that the provisions as set forth in this MOU supersede any conflicting provisions in any Collective Bargaining Agreement (CBA) or prior MOU covering the issues contained in this MOU. Therefore,: the parties agree to the following amended language in the CBA: 1. Section 21.7 shall be replaced with the following language: 21.7 SCBA Repair (a) The City will allow up to nine (9) LEOFF Union members of any rank to be trained in and function as Self -Contained Breathing Apparatus (SCBA) Repair Technicians. Subject to the Fire Chiefs right to appoint or revoke personnel as needed maintaining a minimum of 6. (b) Employees assigned as SCBA Repair Technicians shall receive differential pay of two percent (2%) of the base pay of a Firefighter Step E per month. (c) Personnel attending initial or recertification training in an off -duty capacity shall be compensated at one and one-half (1.5) times their scheduled rate of pay, in accordance with the Fair Labor Standards Act (FLSA). 2. Section 21.8 (a) shall be replaced with the following language: 21.8 Technical Rescue (a) The City will allow twelve (12) to eighteen (18) LEOFF Union members of any rank to participate in the YFD Technical Rescue Team based on their ability to meet the standards set by the Yakima Fire Department Technical Rescue Team . Team members are subject to the Fire Chiefs right to appoint or revoke personnel enneeded 10maintain onoperational Technical Rescue Team os determined by the Fire Chief. 3. Section 21.11(a) shall bereplaced with the following language: 21.11 Hazardous Material Technician (m) The City will allow twelve (12)to eighteen (18) LEOFF Union members ofany rank to participate inthe YFDHezMed Response Team based on their ability to meet the standards set by the department and Washington State Administrative Code. Team members are subject to the Fire Chiefs right to appoint or revoke personnel as needed to maintain an operational Hazardous Materials Technician Team asdetermined bythe Fire Chief. �� This MOU is executed by the parties this ~—\\ day of ' FiotohoBokar City Manager r-ITY CONTRACT NO: mrnomnowwz �"L�~�' ^ ^^ \ ` n1u" `~ Pete}�cSssan � MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA, AND YAKIMA FIREFIGHTERS ASSOCIATION LOCAL 469. THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Yakima Firefighters Association Local 469 (hereinafter "IAFF") and the City of Yakima, a Washington Municipal corporation (hereinafter "City"). Whereas, the City of Yakima is a charter city of the first class of the State of Washington and is the employer of all members of the Yakima Fire Department; and Whereas, the IAFF Local 469 is the exclusive bargaining representative of the LEOFF firefighters who provide fire protection services and other related fire department services within the City of Yakima; and Whereas, this MOU memorializes the agreements between the City and the IAFF regarding the notice of retirement date for HRA prorating. All parties acknowledge that these issues have been negotiated in accordance with RCW 41.56; and Whereas, the City and IAFF agree that the provisions as set forth in this MOU supersede any conflicting provisions in any Collective Bargaining Agreement (CBA) covering the issues contained in this MOU. Therefore,: the parties agree that Section 18.2(f) shall be amended as follows: 18.2(f) HRA (Health Reimbursement Arrangement). (1) During the first pay period of each year, the City shall contribute for each LEOFF II employee covered by this Agreement, to an HRA account. Contribution amounts are as follows" Employee -only coverage: $2,000 Employee/Dependent coverage: $4,000 (2) New employees hired after the first pay cycle of the year will receive the HRA contribution at the rate of one twelfth (1/12) of the rate above for each month remaining in the calendar year. (3) Any employee who has received their HRA contribution and leaves the Department before December 31 shall have one twelfth (1/12) of the value of the rate above removed from their earnings for each month remaining in the year. Except employees who separate from service as a service retirement after April 30 and provide the City with sixty (60) days written notice of intent to retire will not have their HRA prorated. This MOU is executed by the parties this I-- day of January , 2026. Victoria Baker City Manager C11"Y CONTRACT NO:n Z©2r'- 3 RESOLUTION NO; `7C 1.-1 Pete Ras%fssen IAFF Local 469 President