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HomeMy WebLinkAboutR-2018-143 Collective Bargaining Agreement / IAFF (469)A RESOLUTION RESOLUTION NO. R-2018-143 authorizing a collective bargaining agreement for 2018-2021 with the International Association of Firefighters (IAFF) Local 469 representing the PERS bargaining unit. WHEREAS, pursuant to requirements of state law, labor negotiations have occurred between the City and Municipal Employees represented by the IAFF Local 469 resulting in the attached proposed collective bargaining agreement for 2018 through 2021, and WHEREAS, the IAFF PERS 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 PERS 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 11th day of December, 2018. atq Coffey Mayor V r ATTEST. Sonya Clair Tee City Clerk IAFF PERS COLLECTIVE BARGAINING AGREEMENT By and Between THE CITY OF YAKIMA, WASHINGTON and LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO EFFECTIVE: January 1, 2018, through December 31, 2021 TABLE OF CONTENTS ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1 ARTICLE 2 - UNION SECURITY .. . 1 ARTICLE 3 - PAYROLL DEDUCTIONS . 2 ARTICLE 4 - MANAGEMENT RIGHTS 2 ARTICLE 5 - EMPLOYEE RIGHTS 3 ARTICLE 6 - PRODUCTIVITY ... 3 ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 3 ARTICLE 8 - GRIEVANCE PROCEDURE 4 ARTICLE 9 - RELEASE FROM DUTY. 7 ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 7 ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 7 ARTICLE 12 - PROMOTIONAL STANDARDS 8 ARTICLE 13 - REFRESHMENT FUNDS 9 ARTICLE 14 - WAGES . 9 ARTICLE 15 - HEALTH CARE INSURANCE .. 10 ARTICLE 16 - LIFE INSURANCE 12 ARTICLE 17 - LONGEVITY PAY. 12 ARTICLE 18 - SPECIAL PAYS .. 12 ARTICLE 19 - VACATION LEAVE ... 15 ARTICLE 20 - HOLIDAYS . .. 17 ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE . 18 ARTICLE 22 - SICK LEAVE POOL .... 21 ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE . 21 ARTICLE 24 - LIGHT DUTY . . ... 21 ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS. 23 ARTICLE 27 - HOURS OF WORK AND OVERTIME . 23 ARTICLE 28 - TOBACCO USE ON DUTY. .. ... . 24 ARTICLE 29 - DRUG TESTING POLICY. .... . 24 ARTICLE 30 - PHYSICAL FITNESS. .. 34 ARTICLE 31 - DEFERRED COMPENSATION 34 ARTICLE 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES 34 ARTICLE 34 - MUNICIPAL CODE SECTIONS .. .. 38 PERTAINING BARGAINING UNIT MEMBERS ... 38 ARTICLE 35 - ENTIRE AGREEMENT ... 39 ARTICLE 36 - SAVINGS CLAUSE . .. 39 ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS . .... 39 ARTICLE 38 - CLASSIFICATION STUDIES . .. . .. . 39 ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT . .... 40 ARTICLE 40 - TERM OF THE AGREEMENT ... . 40 IAFF PERS COLLECTIVE BARGAINING AGREEMENT By and Between THE CITY OF YAKIMA, WASHINGTON and LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO This Agreement, made and entered into this first day of January 2018, by and between the City of Yakima, Washington, hereinafter called the City, and Local 469, International Association of Firefighters, AFL-CIO, hereinafter called the Union GENERAL PROVISIONS ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT The City hereby recognizes the Union as the exclusive bargaining representative for all regular Fire Department employees in the Public Employees Retirement System (PERS) classifications, 9-1-1 Calltakers, Public Safety Dispatchers and Public Safety Communications Supervisors Excluded from the bargaining unit are the Chief of Police, Fire Chief, Deputy Fire Chiefs, Shift Commanders, Fire Department Administrative Assistant, Uniformed Firefighter personnel, Public Safety Communications Division Manager, Public Safety Assistant Communications Manager, Communications Division Office Assistant and all other employees of the Police and Fire Departments. ARTICLE 2 - UNION SECURITY 2.1 Each employee in this bargaining unit may become or remain a member of the Union. Said membership shall become optional upon successful completion of a one (1) year period of service and in accordance with provisions of the Public Employee Collective Bargaining Act, RCW, 41 56 Nothing herein shall preclude membership in the Union of any employee who so requests prior to completion of one (1) year of service 2.2 The Union will be given four (4) hours to provide Union 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 Union membership -1— IAFF PERS 2018-2021 Final ARTICLE 3 - PAYROLL DEDUCTIONS 3.1 The City agrees to deduct uniformly required Union membership fees, dues and other assessments by the Union from the pay of those members who authorize the City to do so Such authorization shall be in writing and signed by each person authorizing such deductions and filed with the City The Secretary of the Union shall notify the Finance Director of the City of Yakima of amounts to be deducted from the pay of each such person The City shall transmit such amounts to the official and location designated by the bargaining unit representatives together with an itemized statement, on or before the 20th day of each month, following the month for which deductions are made The Union agrees to hold harmless and indemnify the City against any claims, allegations, or lawsuits against the City arising from payroll deductions and/or the transmittal of such deductions for the Union 3.2 In the event the City receives a written notice, signed by any person from whose pay such deductions are being made, that no further deductions are to be made, the City shall make no such deductions from any pay earned by that person after receipt by the City of such notice The City shall notify the Union of all such notices received by the City, which notification to the Union shall be given in writing within seven (7) calendar days after the receipt by the City of such notice and shall include the name of the person involved ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The Union recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority City affairs which are not included within negotiable matters pertaining to wages, hours and working conditions are inclusive of the following, but not limited thereto (a) The right to establish and institute work rules and procedures upon reasonable notice to bargaining unit members All personnel rules and policies developed by the Employer, which are intended to be applicable to Union members shall be in written form and posted in the division manual (b) The right to determine reasonable schedules of work, overtime and all methods and processes by which said work is to be performed in a manner most advantageous to the Employer Changes to work schedules, which are intended to be applicable to Union members shall be in written form and posted in the division manual (c) The right to lay off employees for lack of work or funds or because of the occurrence of conditions beyond the control of the City or where the continuation of work would be wasteful and unproductive in the opinion of City officials (d) The right to discipline or discharge employees for just cause, provided that the City's right to discipline or discharge initial hires during their probationary period shall not be limited by this section The parties agree to study policies for administering this section IAFF PERS 2018-2021 Final 2 (e) The right to assign incidental duties reasonably connected with but not necessarily enumerated in job descriptions, shall nevertheless be performed by employees when requested to do so by the Employer (f) The right to take whatever actions the Employer deems necessary to carry out services in an emergency ARTICLE 5 - EMPLOYEE RIGHTS 5.1 Except as otherwise provided in this labor contract, the provisions of this labor agreement, where applicable, shall not be construed as a waiver of the Union's right to request and require bargaining in accordance with the provisions of Chapter 41 56, RCW. 5.2 Employees shall be permitted to wear either one (1) union tie tack or one (1) union pin on department uniforms The tie tack or pin shall not exceed 5/8 inch in diameter. ARTICLE 6 - PRODUCTIVITY 6.1 The parties mutually recognize the desirability of improving productivity in order to provide maximum services at reduced costs The Union agrees to actively cooperate and participate in studies and agrees to discuss the implementation of programs to promote efficiency, productivity and to reduce departmental costs. The goal of the parties is to jointly work to reduce overtime 6.2 A joint committee shall be formed to promote labor peace, harmony and productivity. The committee shall be composed of two representatives designated by the Union, two by the City Council and two designated by management, and shall meet from time to time as either party may reasonably request. 6.3 The City understands the Union's concern regarding the shortage of manpower and will discuss the impacts of any potential shortages in personnel and will pursue, with Union input, adequate resources to apply to needed services in the event of future annexations and/or mergers 6_4 Management, at their discretion, may allow a former employee who left by resignation and in good standing, and who has been gone for less than twelve (12) months, return to the classification, which they left, or another classification in which they qualify ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 7.1 It is the policy of the City of Yakima and the Union not to discriminate against any employees or applicants for employment because of race, color; religion, age, sex; sexual orientation, physical, mental, or emotional handicap; national origin; political affiliation, Union involvement, or any other type of protected activity It is not the intent of management to lower employment standards or hire individuals incapable of performing the required tasks of the job classification Nothing in this section shall prohibit the City from establishing bona fide occupational qualifications IAFF PERS 2018-2021 Final 3 ARTICLE 8 - GRIEVANCE PROCEDURE 8.1 Policy The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employees' grievances It is the desire of the parties to adjust grievances informally whenever possible, and both management and employees are expected to make every effort to resolve problems as they arise However, it is recognized that there may be a grievance 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 8.2 Definition A grievance is a dispute involving the interpretation, application, or alleged violation of any provision of this collective bargaining agreement. 8.3 Special Provisions (a) To be reviewable under this procedure a grievance must be commenced within sixty days (60) calendar days after the action or decision giving rise to the grievance (b) Because of the diversity of the group covered under this agreement, in each step it is identified by position to which supervisory position is responsible If a position isn't named in a particular step then they would skip to the next step identified for that position i 9-1-1 Calltakers & Public Safety Dispatchers ii Public Safety Communications Supervisor iii Electronic Technician I & II, Supervisor iv Fire Code Inspector v Fire Mechanic I & II vi Fire Office Assistant Public Safety Communications Supervisor Public Safety Assistant Communications Manager IT Manager Deputy Chief, Ops/Logistics Deputy Chief, Ops/Logistics Deputy Chief, Ops/Logistics (c) A Union representative and/or aggrieved party shall be granted time off without loss of pay for the purpose of processing a grievance as provided in 8 4(g), Step 6 (d) A grievance may be entertained in or advanced to any step in the grievance procedure if the parties so jointly agree (e) (f) IAFF PERS 2018-2021 Final 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 Non -contract disputes only. Wages, hours and working conditions not specifically covered by the terms and conditions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration If the City and the grievant are unable to reach agreement at the City Manager level, where the grievance is not subject to arbitration, a three -person board will be formed Management will select one member and the Union will select one member of the Board The two 4 members will select the third member who shall act as chairperson All members of this Board must be citizens or employees of the City of Yakima In the event the two members cannot agree as to the selection of the third member, each member may submit one name whereby the chairperson shall be selected by lot. Any expenses for the services of the third party chairperson shall: be borne equally by the parties. The decision of this Board shall be binding on the parties in non - contractual grievances 8.4 Process (a) Step 1 - The Union Grievance Committee As soon as possible, but in no case later than the time period specified above, an employee who feels a matter or situation exists which constitutes a grievance shall submit a written statement asserting their claim to -the Union Grievance Committee The employee shall also inform their supervisor in conjunction with filing a grievance with the IAFF Grievance Committee (b) Step 2 - Grievance timely filed in writing with appropriate Management Personnel Upon receiving a written statement from any source asserting a matter or situation exists, which is claimed to constitute a grievance, the Union Grievance Committee shall determine whether or not, in its 'opinion a grievance does exist. If, in the opinion of the committee, no grievance exists, no further action shall be taken If, in the opinion of the committee, a grievance does exist, then the committee shall, with or without the member or members who asserted the grievance, present the grievance in writing to the Division Manager, deputy chief or designee for resolution The claim of grievance shall specify the article of this agreement or past practice, violation or application of which is claimed. The grievance must also be presented to the Division Manager, deputy chief or designee (dependent on the grieved employee's job classification) within sixty (60) calendar days after the action or decision giving rise to the grievance The Division Manager, Deputy Chief, or designee shall conduct an investigation and provide a written decision within thirty (30) calendar days of receipt of the grievance In the case of SunComm, the Assistant Division Manager will make a recommendation to the Division Manager who will respond to the grievance within the allowed timeframe (c) Step 3 - Grievance Appealed To Chief(s) If the Grievance Committee and the Division Manager, Deputy Chief or designee cannot reach agreement regarding a remedy, the Grievance Committee may, within thirty (30) calendar days of receipt of the, written decision, submit the grievance to the Fire Chief or designee. The Fire Chief or designee shall make a separate investigation of the issue(s) and notify the Grievance Committee in writing of his/her decision, and the reasons therefore, within thirty (30) calendar days (d) Step 4 - Grievance Appealed To City Manager If the Grievance Committee is dissatisfied with the decision of the Fire Chief, the Grievance Committee may within thirty (30) calendar days request a review by the City Manager The City Manager shall forward a written decision to the Grievance Committee within thirty (30) calendar days from receipt of the grievance. (e) Step 5 — Grievance Appealed To Arbitration Except as provided in 8.3 (f) of this Article, a grievance which is not resolved as set forth may be appealed to arbitration If Union Grievance Committee desires to submit the grievance to arbitration as the final step in the grievance process, they IAFF PERS 5 2018-2021 Final (f) (g) shall notify the City Manager in writing within thirty (30) calendar days of the date the City Manager issues his/her decision as described in Section 8 4(d) Either party may invoke arbitration upon submission of a written request for same which identifies the previously filed grievance and sets forth the issue(s) which the moving party seeks to have arbitrated The parties shall attempt to mutually agree upon an arbitrator In the event the parties are unable to mutually agree upon an arbitrator, either party may request a list for eleven (11) qualified arbitrators according to the following procedure, the parties shall attempt to agree as to whether the Public Employment Relations Commission, the Federal Mediation and Conciliation Service, or the American Arbitration Association will supply the list. If no agreement is reached, the list shall be requested from the Public 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 the list shall be the arbitrator Subsequent hearing(s) will be governed by the rules and procedures of PERC The arbitrator shall render a decision as promptly as possible The arbitrator shall confine himself/herself to the issues submitted for arbitration and shall have no authority to determine any other issues not so submitted to him/her The arbitrator shall have jurisdiction and authority only to interpret, apply or determine the specific terms of the Agreement and shall not have jurisdiction to add to, detract from or alter in any way the provisions of this Agreement. The decision within the jurisdiction of the arbitrator shall be final and binding upon both parties The cost of the arbitrator shall be borne equally between the City and the Union The City and Union will pay their own remaining costs of arbitration, including attorney's fees, regardless of the outcome Any grievance, which the City's management may have against the Union shall be reduced to writing and submitted to the President of the Union local If the matter is not satisfactorily settled within twenty (20) calendar days, appeal may be instituted as set forth in 8 4(e), Step 5, above If the subject matter of a grievance could be appealed to the Civil Service Commission for fire employees of the City of Yakima, the matter may be submitted for determination to the Civil Service Commission or arbitration, but not both After the Union has received the City Manager's answer at Step 4, it will advise the affected employee whether it is willing to submit the grievance to arbitration and, if so, the employee shall elect within fifteen (15) calendar days after the Step 4 answer the forum in which the matter is to be heard Submission of the dispute to arbitration or a hearing by the Civil Service Commission shall bar submission in the other forum IAFF PERS 2018-2021 Final 6 ARTICLE 9 - RELEASE FROM DUTY 9.1 Union Business Leave Such officers and members of the Union as may be designated by the Union normally not to exceed four (4) in number at any two (2) time, shall be granted up to a total of two hundred forty (240) hours of time off for Union business between the four (4) employees, provided that a maximum of one hundred forty (140) of these up to two hundred forty (240) hours off will be paid at the standard rate granted for any leave with pay The City shall be obliged to release two (2) employees but may allow additional employees to be released simultaneously based upon departmental operational requirements Business leave includes attending labor conventions and educational conferences regarding collective bargaining, provided that notice of such conventions or conferences shall be given at least one (1) week prior thereto to the Assistant Manager, and provided further that the total leave for this bargaining unit for the purpose set forth in this section shall not exceed two hundred 240 (240) hours in any calendar year. Furthermore, partial shifts may be utilized by employees for departure or return provided Division established minimum staffing levels are maintained after the absence of the person(s) to be released on Union Business Leave. Officers and members of the Union designated by the Union may use Union business leave from any of the bargaining units that I.A.F F. Local 469 represents ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 10.1 Collective bargaining between the parties shall be carried out by the City Manager or his designees, on behalf of the City Council, and a committee representing the Union No later than August 5 of each year, the Secretary of the Union and the City Manager shall notify one another regarding the names of persons constituting their respective bargaining committees If a communication is forwarded previous to that date, a response will be made within ten (10) working days 10.2 Members of the Union negotiating committee, not exceeding three (3) in number, shall be granted leave from duty without loss of pay for all meetings between the City and the Union for the purpose of negotiating the terms of a contract during the pre -impasse period as provided in RCW 41.56, as amended, when such meetings take place at a time during which any such members are scheduled to be on duty 10.3 Members of the Union negotiating committee, not to exceed three (3) in number, shall be granted leave in the post -impasse period without loss of pay, except that when such leave reduces the manpower level below that established as the minimum manpower requirement of the Division, such leave shall be without pay. ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 11.1 All negotiable matters pertaining to wages, hours and working conditions shall be established through the negotiation procedure as provided by RCW 41.56. No ordinances existing at the time of execution of this Agreement relating to wage, hours and working conditions for members of the bargaining unit shall be amended or repealed during the term of this Agreement without written concurrence of both parties 11.2 Each year, as appropriate, the Union shall submit to the City Manager and the City Manager may submit to the Union a written proposal for any changes in matters pertaining to wages, hours and working conditions desired by the Union or the City for the subsequent year These written proposals shall be submitted in accordance with the IAFF PERS 7 2018-2021 Final 11.3 requirements of RCW 41 56, as amended by S B 2852 (1979) The Union and the City shall follow the collective bargaining procedure set forth in the said statute All agreements reached shall be reduced to writing, which shall be signed, by the City Manager and the Union's representatives In negotiations for a successor collective bargaining agreement pertaining to bargaining unit members the parties agree to follow the impasse resolution procedures for uniformed personnel (RCW, 41 56 430, et seq ) Impasse Resolution (a) Mediation In the event the Union and the City are unable to resolve any negotiable matters relating to wages, hours, and working conditions for PERS employees, and before any final City Council action by ordinance, resolution or otherwise, either party may request mediation Said request must be filed within seven (7) calendar days from the declaration of impasse Before mediation is requested, the unresolved matter may be reduced to writing and reasonable notice given to the other party of intentions to seek mediation Mediation shall be conducted by the Washington State Public Employment Relations Commission (b) Consideration by City Council In the event the Union and the City are unable to resolve any negotiable matters relating to wages, hours, and working conditions for PERS employees, such unresolved matters may be submitted by either party hereto, to the Yakima City Council for discussion and consideration by that body in an effort to satisfactorily settle such unresolved matter prior to any final City Council action by ordinance, resolution or otherwise Such consideration by the Council shall be made within fifteen (15) calendar days following a written request. The parties shall have the right to be in attendance and be heard 11.4 If the Union and the City desires that there be mediation as provided above, in Section 11 3 (a), the Union or the City must request in writing to the other party that such mediation procedure be complied with prior to the submittal of the matter to the City Council for consideration ARTICLE 12 - PROMOTIONAL STANDARDS 12.1 Promotions shall be determined in accordance with the rules and regulations governing the Yakima Fire Civil Service Commission All promotions within the bargaining unit shall be made solely on merit, efficiency and fitness ascertained by open competitive examination among bargaining unit personnel Examinations shall fairly, objectively and comprehensively test for qualifications for the position 12.2 Employees who test for the position of Public Safety Dispatcher as a promotional candidate from the 9-1-1 Calltakers classification shall receive five (5) preference points added to their raw score from the testing process 12.3 Upon being promoted from 911 Calltaker to Public Safety Dispatcher an employee shall be placed in the appropriate step of the Master Pay Ordinance for the new classification as defined in Yakima Municipal Code 2 20 060 12.4 In the event an employee moves into a higher level position and a decision is made to return them to the lower level position either voluntarily (with the approval of management) or by direction of management (excluding disciplinary action), they shall be placed in the pay step consistent with their actual service months IAFF PERS 8 2018-2021 Final 12.5 Any time during the probationary period in the Public Safety Dispatcher classification a promoted employee may either voluntarily (with the approval of management) or by direction of management return to the position of 9-1-1 Calltaker with no loss of seniority as long as the action was not the result of disciplinary action and follows the guidelines as set forth in Section 12 4 12.6 Any time during the probationary period in the Public Safety Communications Supervisor classification, a promoted employee may either voluntarily (with the approval of management) or by direction of management return to the position of Public Safety Dispatcher with no Toss of seniority as long as the action was not the result of disciplinary action and follows the guidelines as set forth in Section 12 4 12.7 SunComm Seniority is defined as follows (a) Time in Position 1 Accrues for time worked in a specific position. As long as the employee remains employed within the Center, their time in position will be tolled until such time as they may return to that position. Subject to 12 7(c) 2 For the purposes of Section 12 6, an employee leaving the Public Safety Supervisor classification and returning to the Public Safety Dispatcher classification, their "Time in Position" in the Supervisor classification will count toward their "Time in Position" in the Public Safety Dispatcher classification 3 "Time in Position" shall be used for the hiring of overtime and scheduling (b) Time in Center 1 Accrues from an employee's original hire date within the Center, regardless of the positon they are working in the Center 2. "Time in Center" shall be used for vacation picks (c) If an employee transfers to another division within the City of Yakima, their "Time in Center" and "Time in Position" seniority will be tolled for a period lasting no longer than twelve (12) months After twelve (12) months the employees "Time in Position" and "Time in Center" seniority will be lost. (d) If an employee leaves employment with the City, their "Time in Position" and "Time in Center" seniority is lost effective upon date of separation 12.8 All vacancies for positions covered under this agreement will be filled in accordance with Yakima Fire Civil Service Commission rules and regulations ARTICLE 13 - REFRESHMENT FUNDS 13.1 The Union may authorize bargaining unit members to furnish in-house refreshments, provided that any proceeds from such activities shall be used in-house for the benefit of bargaining unit members or, upon approval by the Union, donated to charitable organizations The Union shall be responsible for insuring that the refreshment funds are administered consistent with applicable law ARTICLE 14 - WAGES 14.1 Effective 01-01-2018, the base salary of the bargaining unit will be increased by 2 5% IAFF PERS 9 2018-2021 Final 14.2 Effective 01-01-2019, the base salary of the bargaining unit will be increased by 2 25% 14.3 Effective 01-01-2020, the base salary of the bargaining unit will be increased by 2 25% 14.4 Effective 01-01-2021, the base salary of the bargaining unit will be increased by 2 25% ARTICLE 15 - HEALTH CARE INSURANCE 15.1 Medical, Vision and Dental Care Coverage (a) Effective April 1, 1994 covered bargaining unit employees, retirees and their dependents shall participate in the "City of Yakima Employees' Health & Welfare Benefit Plans" Eligibility rules, types and of levels of benefits, payment of premiums through a cafeteria plan, co -payment, coinsurance and deductibility requirements and all other terms and conditions for the provision of these health benefits shall be governed by the "City of Yakima Employees' Welfare Benefit Program" 15.2 Health and Dental Care Premium Contribution (a) Employee Only Health Care Premium Contribution The City and the employee shall share medical program premiums on a 50% by the employer and 50% by the employee basis, with a maximum employee contribution of $50 per month (b) Family Health Care Premium Contributions The City and the employee shall share family medical program premiums on a 50% by the employer and 50% by the employee basis, with a maximum employee contribution of $250 per month (c) Dental Care Premium Contributions. The City shall pay the premium for bargaining unit member employee and dependent dental care coverage (d) Employee contributions under this Article will be accomplished through normal payroll deductions 15.3 Retiree Coverage The City of Yakima Employees' Health and Welfare Benefit Plan shall provide retirees and dependents of retirees the right to remain in the group plan as follows (a) Retirees covered at the time of execution of this agreement and future retirees may elect to remain in the group medical plan until they reach age 65, but they must pay the required premium for such group medical plan (b) Spouses of retirees may remain in the group medical 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. (c) Other dependents of retirees may remain in the group health care plan as long as they remain eligible under the provisions of the plan or when coverage for the retiree and spouse, or, the spouse of deceased retiree terminates, at which time such dependent insurance coverage would cease regardless of the age of the dependents IAFF PERS 2018-2021 Final 10 (d) Retirees, or spouses of deceased retirees, shall pay the premium and other shared dependent coverage costs (including dependents if enrolled) which shall be based on the same formula as active employees and dependents within the bargaining unit. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary 15.4 Disability Insurance The Union has executed a disability life insurance policy that provides both short-term and long-term disability life insurance for its members and said policy generally provides a covered employee with up to fifty percent (50%) of his/her base pay in the event that the person incurs an off -duty injury, illness and/or disability and is unable to work. In order to qualify for said benefits under the policy for a particular month, the employee can receive a minimum of fifty percent (50%) of his/her base pay from the City through the utilization of accrued sick leave, compensatory time and annual leave in a month and must be in leave without pay status for the remainder of the month. (a) In the event that an insured employee covered by the Local 469 Disability Plan applies for and receives benefits from said plan the City shall permit the employee to receive a minimum of fifty percent (50%) of his/her base pay from the City through the utilization of accrued sick leave, compensatory time and annually leave in a month and allow them to be in a leave without pay status for up to fifty percent (50%) of their scheduled hours for the affected pay period (b) Base pay for the purpose of receiving benefits shall be the base pay per Master Ordinance plus the Deferred Compensation contribution. (c) It shall be the responsibility of the employee to inform the department timekeeper on or before the date in which he or she starts the leave without pay status. It shall be the responsibility of the employee to inform the department time keeper on or before the date which he or she ends the leave without pay status (d) If the insured employee's scheduled hours spent for a pay period is anticipated to be lower than the minimum number of hours required by the Washington State Department of Retirements (DRS) for receipt of full service credit for that month, then the employee may use a sufficient number of hours of his/her accrued leave for that pay period to satisfy the minimum numbers required by DRS to receive full service credit for that month (e) It shall be the employee's responsibility to reconcile his/her monthly pay from the City with payments from the disability insurance carrier to ensure that he/she does not violate and /or breach any of the terms and conditions of the disability insurance policy, including but not limited to the one hundred percent (100%) payout ceiling Local 469 recognizes that the City does not have any liability with or to the disability insurance carrier or Local 469 whatsoever with regard to insurance disputes between the carrier and employees represented by Local 469, including but not limited to the reconciliation of pay and the 100% payout ceiling Further, Local 469 agrees to indemnify, defend and hold harmless the City of Yakima, its officers, elected officials, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards Costs and expenses (including attorneys' fees and disbursements) caused by or occurring as a result of any dispute between an employee represented by Local 469 and the disability insurance carrier. IAFF PERS 2018-2021 Final 11 (f) Both Local 469 and the City have participated in the drafting of the language for 15 4 and as such, it is agreed by the parties that the general contract rule of law that ambiguities in the contact language shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this section of the contract and its terms and conditions are being interpreted and/or enforced ARTICLE 16 - LIFE INSURANCE 16 1 The City will provide, without cost to the employee, $100,000 in face amount of life insurance ARTICLE 17 - LONGEVITY PAY 17.1 The City will pay longevity pay upon satisfactory completion of the following service and at the designated rate Service In Years Percent Of Base Pay 1 20 3 25 5 30 9 35 14 55 19 70 24 9 0 29 10 0 Service in years shall be defined as in Article 19, Vacation Leave, of this Agreement. ARTICLE 18 - SPECIAL PAYS 18.1 Acting Pay (a) Acting Supervisor- The City will pay acting assignment pay of 5% above their normal base pay for an individual for such period of continuous service, as a Supervisor or higher classification, having been so assigned by the Administration and provided further that the individual exercises the responsibility, including operation and administrative duties as they apply (b) Acting Dispatcher- The City will pay acting assignment pay of 5% above their normal base pay for an individual for such period of continuous service, as Public Safety Dispatcher, having been so assigned by the Administration or their designee and provided further that the individual exercises the duties as they apply 18 2 Eligibility for Acting Assignments In order for an employee to be eligible for assignment to an acting position, that employee must be eligible for promotion to the position in accordance with the promotional standards as set forth in the job classification and Fire Civil Service rules and regulations That employee must be trained to perform the duties of the higher classification Such time spent in training shall be at the employee's normal rate of pay IAFF PERS 12 2018-2021 Final Employees eligible for Acting Supervisor assignment shall submit a letter of interest to management by January 30th of each year or within thirty (30) days of becoming eligible to act. Final decision to act will be determined by management after consideration of input provided by current supervisors 18.3 Acting Assignments Acting assignments shall be made under the following provisions (a) Acting Public Safety Communications Supervisor assignment is not required when the Communications Manager or Assistant Manager is present. Communications Manager or Assistant Manager may assume the supervisory duties of a Supervisor (b) An employee vacates their position while currently on duty and there are sufficient personnel on duty to fulfill minimum staffing requirements of all classifications This would account for any leave type usage at the Supervisors discretion (c) All acting down assignments shall be at the Actors standard rate of pay. (d) Acting shall not be permitted if it causes additional overtime to another classification or causes staffing to fall below shift minimums (e) General Provisions (1) Acting Supervisor assignments shall be filled as follows (i) Long-term Assignments - Acting Supervisor assignments one hundred twenty-nine (129) hours or greater shall be offered first to the Acting Supervisor with the most continuous acting seniority who is not already assigned to a long-term acting assignment. If no actor volunteers, management shall have the right to mandate the least senior actor to fill the role (ii) Short-term Assignments — Acting supervisor assignments less than one hundred twenty-nine (129) hours shall be offered first to the most senior actor based on the continuous acting seniority list. (2) In assigning actors, the availability of the employee over the duration of the assignment shall also be a criterion. If the eligible actor has leave scheduled during the acting assignment, they will be allowed to reschedule the affected leave based on availability at the time (3) Acting out of grade for unplanned absences in any class that is four (4) or less hours from the beginning of the shift or during the shift, an actor may be assigned from current shift staffing (4) For vacancies with notice given that is greater than four hours in advance, there shall be a sixty (60) minute call back for paged hiring Priority is given to the first response 18.4 Call Back IAFF PERS 2018-2021 Final 13 (a) An employee who is called back to duty after their scheduled shift has terminated, but before the scheduled start of their next shift, shall be paid for all hours worked, but not less than two (2) hours of overtime at the applicable overtime rate (b) The call back bonus will not be available for a "hold over" defined as an extension of a regular or reassigned shift due to staffing requirements or an emergency circumstance However, overtime at the applicable overtime rate shall be paid for work performed 18.5 Mileage The City shall pay each employee for his/her use, at the request of the City, of his/her personal auto, not less than the IRS rate per mile actually driven, or the actual cost of applicable public transportation In the event that the City increases mileage allowance paid by the City for the use of personal autos on City business for any other City department or employee, such increased allowance shall become the new rate thereunder 18.6 Uniform Maintenance Bargaining unit members that do not utilized the uniform maintenance contracted by the City may request to be paid sixty dollars ($60 00) annually, payable in February The City shall have the right to contract for uniform maintenance services as it deems appropriate after which time no further uniform maintenance allowances shall be payable 18.7 Trainers From time to time employees shall be designated as trainers to assist in the training of new employees Management will select trainers based on interest, skill level and ability to train Management will attempt to provide selected employees with instructor training and certifications as available. Employees selected as trainers shall be paid a special pay of 5% of their base wage when actively training 18.8 MSAG/Geofile Technician The employer will pay $50 00 per month to the employee(s) assigned the duties of maintaining the Master Street Addressing Guide (MSAG) or the Computer Aided Dispatching Geographical File (Geofile) This assignment shall be at the discretion of the Communications Manager and if assigned to more than one employee the total special pay shall be divided equally among those assigned 18.9 Bilingual Employees Qualified bilingual (Spanish speaking) Employees shall receive a special pay of 3% of their base wage Employees must pass a proficiency test administered by the Civil Service Chief Examiner or designee to qualify 18.10 Tool Allowance for Electronic Technicians and Maintenance Mechanics The City will pay up to one percent (1 %) of an employee's base salary for tool replacement allowance subject to prior approval on an item -by -item basis by the Employer The purpose of this tool allowance is to provide for replacement of broken and/or stolen tools subject to the Employer's approval IAFF PERS 2018-2021 Final 14 ARTICLE 19 - VACATION LEAVE 19.1 Each bargaining unit member shall earn vacation leave for years of service at the following rates (a) Employees with one (1) full year of service shall earn one hundred four (104) hours, forty (40) hours of which may be taken after six (6) months service; (b) Employees with two (2) full years of service shall earn one hundred twenty (120) hours, (c) Employees with five (5) full years of service shall earn one hundred forty-four (144) hours, (d) Employees with ten (10) full years of service shall earn one hundred seventy-six (176) hours; (e) Employees with fifteen (15) full years of service shall earn two hundred (200) hours, (f) Employees with more than twenty (20) full years of service shall earn two hundred sixteen (216) hours 19.2 Bargaining unit members 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 accrual rate(s) specified above 19.3 Newly hired unit members shall accrue and accumulate vacation leave through the end of their first six months of service which may then be taken in the seventh month and each month thereafter as accumulated. 19.4 Service in years for bargaining unit members is defined as the most recent period of employment unbroken by voluntary termination, voluntary retirement, voluntary leaves of absence in excess of thirty (30) days or termination for cause Such service shall not be considered broken by period of disability retirement, or leave without pay in excess of thirty (30) days for medical reasons, if approved by the Fire Civil Service Commission during which times no service credit shall accrue. Layoff shall not be considered a break in service providing that failure to accept the first offer of re-employment for any reason shall constitute a break in service (No service credit shall accrue during periods of layoff ) 19.5 Vacation accruals upon separation (a) When separating from service of the City in good standing and when the employee has given at least two (2) weeks' notice of their intention to leave, the employee shall be compensated for vacation accruals earned and accumulated to the date of separation (b) No compensation for vacation leave shall be payable to any employee who terminates their employment or is terminated before they have completed six months of service (c) An employee who is discharged or resigns as a result of disciplinary action shall be entitled to be compensated for only the vacation leave which was earned in preceding calendar years and not used at time of separation This provision shall also apply to employees who quit without giving the notice specified in 19 5(a) IAFF PERS 2018-2021 Final 15 19.6 Vacation Sell -Back Program Employer implemented vacation sell -back program as follows (a) Employees with an accrued vacation balance of three hundred (300) hours or less have the option to sell back to the City up to one-third (1/3) of their accrued vacation leave within a twelve (12) month period (based on a calendar year) as per the City of Yakima Municipal Code provision in section 2 40 120 (b) Employees with an accrued vacation balance of three hundred and one (301) hours or more have to option to sell back to the City up to one-half (1/2) of their accrued vacation leave within a twelve (12) month period (based on a calendar year) as per the City of Yakima Municipal Code provision in section 2 40 120 19.7 Annual Vacation Requests (a) SunComm Center Employees Annual vacation requests for the following year shall normally be started in November of the current year The annual vacation first pick shall be for a singular time period normally not to exceed 128 working hours As staffing and workload allows and after all first picks have been made, employees will have the opportunity to make a second annual vacation pick for a singular time period not to exceed 44 working hours As staffing and workload allows, and after all first and second picks have been made, employees will have the opportunity to make a third annual vacation pick for a singular time period not to exceed 44 working hours. Each of these requests will be submitted and considered in seniority order based on the employee's service in years with SunComm and with regard for staffing and overtime Time spent in the classifications of Fire and Police Dispatchers for the City of Yakima, prior to consolidation, shall count toward this service in years (1) Vacation picks per classification shall be limited to (1) Public Safety Communication Supervisor, two (2) Public Safety Dispatchers, and two (2) 911 Call -Takers at any one time (2) In the event staffing levels fall below the minimum total number of required persons to fulfill minimum shift standards per policy, management may consider rescinding or modifying second and third vacation picks, after every reasonable attempt has been made to fulfill them Exceptions to cancelling vacations are no third pick may be cancelled without 14 day notice and no second pick may be cancelled without 30 day notice Cancellations of vacation shall first be on voluntary basis and shall then proceed to third pick by seniority followed by second pick by seniority (3) The following annual time periods shall be considered restricted vacation picks and shall follow the stipulations listed for each time period • 4th of July- One annual vacation pick per classification allowed July 4th and/or the weekend including July 4th if it falls on a Friday, weekend day, or Monday Restricted days off shall not exceed a three (3) day time period • Central Washington State Fair- Dispatch classification will only allow one annual vacation pick during the length of the fair Restricted days off shall not exceed a ten (10) day period All other classifications will remain unaffected (This provision shall only be in effect if a dispatcher IAFF PERS 2018-2021 Final 16 is required to be posted at the command post on location at the fairgrounds • During these two (2) time periods, only annual leave requests will be permitted to have scheduled time off No individual requests shall be granted during these time periods unless management deems it acceptable based on staffing levels at the time. (b) Non-SunComm Center Employees All members of the bargaining unit not within the SunComm Center shall continue to use their current method for picking annual vacation leave ARTICLE 20 - HOLIDAYS 20.1 SunComm Employees (a) Due to the critical nature of the SunComm Communications Center and required 24/7 operations, all members of the bargaining unit working the shift schedule within the Center will receive a credit of hours to their holiday leave account equivalent to the number of hours of their regularly assigned shift for the ten (10) observed holidays listed in 20 2(a) in addition to the number of personal holidays negotiated in section 20 2 b). Hours shall be credited at the first of each year as follows Eight (8) hour regularly assigned shift = 80 hours Ten (10) hour regularly assigned shift = 100 hours Twelve (12) hour regularly assigned shift = 120.hours (b) Holiday shifts shall be worked as assigned Relevant staffing levels will be determined by the Department in accordance with operational requirements Employees working on observed holidays will be paid at the rate of time and one- half (1 '/z) for hours worked (c) Holiday time must be used in the calendar year in which it was credited and may not carry-over into successive calendar years Unused holiday time will be paid at one hundred percent (100%) of the base wage as of December 31st of each year up to a maximum of one hundred twenty (120) hours per employee (d) New employees 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. New employees 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 Division 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. (f) Employees transferring from days to shifts will receive holiday credits at the rate equivalent to the number of hours of their regularly assigned shift per observed holiday remaining in the year. Employees transferring from shifts to days will have the equivalent to the number of hours of their previously assigned shift deducted from their holiday hour credits per holiday remaining in the year, which shall not be IAFF PERS 17 2018-2021 Final reduced to less than zero credits The employee's schedule which encompasses more than one-half (1/2) of a month shall determine whether or not credits are added or reduced for that month 20.2 All other members of the bargaining unit will observe the following holiday's accordance with Municipal Code 2 40 080 (a) The following shall be recognized and observed as paid holidays New Year's Day Martin Luther King, Jr Day Presidents' day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Day Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1st Monday in September November 11 4th Thursday in November 4th Friday in November December 25 (b) Employees have the availability of one (1) personal holiday per year The personal holiday hours shall be equivalent to the number of hours of the employee's regularly assigned shift. Personal Holidays not taken prior to December 31st of each calendar year will be forfeited ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE If necessary, the City and the Association agree to reopen negotiation of this Article to address the recently codified statues and rules governing paid sick leave, authorized purposes and definitions related to Initiative Measure No 1433 21.1 Bargaining unit members whose normally assigned shift is twelve (12) hours, shall accrue twelve (12) hours of sick leave per month, ten (10) hour shifts will accrue ten (10) hours of sick leave per month and eight (8) hour shifts will accrue eight (8) hours of sick leave per month On the first day of employment each newly hired permanent employee of the Communications Division shall receive twelve sick leave days equivalent to the number of hours of their regularly assigned shift, subject to following restrictions Eight (8) hour regularly assigned shift = 96 hours Ten (10) hour regularly assigned shift = 120 hours Twelve (12) hour regularly assigned shift = 144 hours (a) For permanent part-time employees, sick leave shall be prorated to the percentage of a full-time position budgeted for that person IAFF PERS 2018-2021 Final 18 21.2 (b) No additional sick leave will be accrued during the employee's first year of employment. (c) 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.) Sick Leave Exchange or Cashout Bargaining unit members 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 cashout of accrued sick leave will be granted for those employees with three hundred sixty (360) hours or less of accrued sick leave except in the event of death in the line of duty. (b) Cashout of accrued sick leave will be granted to employees who have accrued in excess of three hundred sixty (360) hours subject to the following provisions 1. Upon retirement or death, the employee's accrued sick leave up to a maximum of seven hundred twenty (720) hours will be cashed out 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 distinguished from death or retirement, the employee's accrued sick leave up to a maximum of seven hundred twenty (720) hours will be cashed out at the rate of fifty percent (50%) of the employee's current base pay 3 In the event of death in the line of duty, all sick leave will be exchanged for pay at the rate of 100% of the employee's current base pay 4. In no case shall the cash out payment exceed Twenty Thousand Dollars ($20,000 00), provided, however, this cash out limit shall not apply with regard to a Death in the Line of Duty. (c) Sick Leave Exchange Employees who have accrued more than seven hundred twenty (720) hours may exchange such sick leave for bonus (additional) leave at the rate of twenty-four (24) hours of sick leave for each eight (8) hours of vacation, not to exceed a total of forty (40) hours added leave time annually, utilization of which would be subject to the scheduling and approval by the department head (d) Sick Leave Exchange Procedure Any regular employee may exchange accrued sick leave as provided in subsection (c) above at the option of the employee, subject to the following conditions and provisions: 1 A request for such an exchange shall be made to the Director of Finance and Budget. All requests shall be in writing and shall be signed by the employee making the request. IAFF PERS 2018-2021 Final 19 2 Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Director Finance and Budget. Exceptions to the above will be made for termination, layoff or disability retirement. 3 No request will be granted for less than eight (8) hours pay or a minimum of three (3) days' 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 (e) In December of each year, any accruals beyond the 1040 hour limitation will be automatically exchanged based upon the formula of eight (8) hours pay for each thirty-two (32) hours accrued or a percentage thereof for smaller accruals Such pay will appear on the employee's final paycheck for the year 21.3 An employee eligible for sick leave with pay, shall be granted such leave for the following reasons (a) Instances of personal illness or physical incapacity resulting from causes beyond employee's control, (b) To care for a child of the employee with a health condition that requires treatment or supervision, "child" as used herein includes biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status) or grandchild (includes step, adopted or natural), (c) To care for a parent (includes biological adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parent's when the employee was a minor child), a registered domestic partner; grandparent; sibling (includes step, adopted or natural), or in-laws (includes parent -in-law, son-in-law and daughter-in-law) It does not include uncle, aunt, niece, nephew or cousin (d) For verifiable visits to a health care provider, for the employee, or for the employee's immediate family 1 For the intent of this CBA, the "Immediate Family" includes spouse, child (includes biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status) or grandchild (includes step, adopted or natural), parent (includes biological adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), a registered domestic partner; grandparent; sibling (includes step, adopted or natural), or in-laws (includes parent -in-law, son-in-law and daughter-in-law) It does not include uncle, aunt, niece, nephew or cousin IAFF PERS 2018-2021 Final 20 (f) 2 The term immediate family does not include persons sharing the same general household when the living style is primarily that of a dormitory or commune Quarantine of employee due to exposure to a contagious disease 21.4 Employees who become ill or injured while on approved earned leave (vacation, holiday, or comp time) may utilize sick leave for the period of illness or injury; provided the employee immediately upon becoming incapacitated notifies the division supervisor and presents to management upon returning to work, a certificate from a health care provider, stating the nature and duration of the incapacity 21.5 Bereavement Leave Employees who are eligible for sick leave under this CBA shall (a) In the event of each death in the employee's immediate family, employees may consume up to three (3) days bereavement leave, per event, without loss of pay These three (3) days shall not be credited against their sick leave accrual (b) In the event of any days beyond the initial three (3) bereavement days per event, additional leave days will be debited against the employee's sick leave accrual. ARTICLE 22 - SICK LEAVE POOL Local 469 Executive Board will manage and is solely responsible for the administration of the IAFF Sick Leave Pool and the processing of requests (a) Donations made to the sick leave pool shall be in full hour increments. (b) All requests processed by the Payroll Office by the fifteenth (15th) of a month shall be effective for the month (c) Records of all transactions from the leave pool to the recipient will be maintained by the Payroll Office. If specific medical information is submitted it will be maintained in the employees' medical file in the Human Resources Office ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 23.1 Pregnancy and maternity/paternity leave will be treated in accordance with state and federal law. ARTICLE 24 - LIGHT DUTY 24.1 Off -duty extended injury or illness Bargaining unit members who are off -duty due to an extended injury or illness and cannot perform their regular duties may request in writing to the appropriate Manager an assignment to light duty Any Tight duty assignment will be contingent on the City's needs and the employee's ability to perform assigned duties within the scope that would be allowed based on a physician's recommendation All light duty assignments will be for no more than (30) days at which time it will be reviewed by the appropriate Manager to determine if any extension of the assignment is warranted Light duty assignments will not IAFF PERS 2018-2021 Final 21 include call taking, dispatching or supervisory duties or delay the appointment or filling of a Civil Service position due to work being performed by the employee on light duty Any employee on light duty will maintain all the rights and benefits of this contract and earn job and position seniority as if on full duty 24.2 On -duty extended injury or illness Bargaining unit members who are injured or incur illness on duty may be required at the discretion of the department to be placed on light duty Any light duty assignment will be contingent on the Department's needs and the employee's ability to perform assigned duties within the scope that would be allowed based on a physician's recommendation All light duty assignments will be for no more than (30) days at which time it will be reviewed by the appropriate Manager to determine if any extension of the assignment is warranted Light duty assignments will not include call taking, dispatching or supervisory duties, or delay the appointment or filling of a Civil Service position due to work being performed by the employee on light duty Any employee on light duty will maintain all the rights and benefits of this contract and earn job and position seniority as if on full duty ARTICLE 25 - COMPENSATORY TIME OFF 25.1 All bargaining unit employees shall have the option of receiving payment or credited time off at the rate of one and one-half (1 5) actual overtime hours worked in accordance with Municipal Code Section 2 22 040 Compensatory time shall be separately accounted for and will have to be cleared by use or pay by December 31, annually Up to forty (40) hours of compensatory time may be accumulated Use shall be scheduled at the City's discretion with due regard to the wishes of the employees and the City's work requirements 25.2 Court Appearance Leave In the event members of the bargaining unit receive a subpoena to appear in court to provide testimony in an official capacity, such required absence from scheduled duty shall be considered time worked for pay purposes When said employees are required to appear in court in an official capacity in their off duty hours, they shall be paid at the applicable rate for such time Verification of court attendance shall be on a form prescribed by the Administration and shall include a statement of hours signed by the relevant court clerk. 25.3 An off duty employee who is required by the Administration to testify before the Civil Service Board on matters pertaining to his assigned duties shall be compensated for actual time in attendance in accordance with 25 2 of this Article Verification of attendance shall be on a form prescribed by Administration and shall include a statement of hours of attendance signed by Administration 25.4 Training Time For bargaining unit members, training time required by the Administration shall be considered as time worked for compensation purposes Optional training and efforts expended in preparation for promotional exams, etc , shall not be covered by this clause IAFF PERS 2018-2021 Final 22 ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS 26.1 New Calltakers, Public Safety Dispatchers and Public Safety Communications Supervisors All vacancies for Calltakers Public Safety Dispatchers and Public Safety Communications Supervisors shall be filled according to the Calltaker, Public Safety Dispatcher and Public Safety Communications Supervisor class specification 26.2 Public Safety Dispatch Personnel (a) Use of Qualified Employees. Persons assigned to work independently as Public Safety Dispatchers in the Communications Center shall be Public Safety Dispatch personnel who have passed the required Public Safety Dispatcher Civil Service exams and/or hold the rank of Public Safety Dispatcher or Supervisor This will include those individuals identified in Article 26 1 as having held the rank of Fire Dispatcher or Police Dispatcher at the time the employer decided to implement Consolidated Dispatch operations (9/5/95) ARTICLE 27 - HOURS OF WORK AND OVERTIME 27.1 The Employer has the right to schedule bargaining unit members to work eight (8) hour, ten (10) hour or twelve (12) hour work shifts within a twenty-four (24) hour period The Employer has the right to schedule certain employees to work eight (8) hour, ten (10) hour or twelve (12) hour work shifts. Work schedules designed by the Employer will be consistent with the provisions of FLSA. When considering major schedule changes the management shall solicit and consider, non -binding input from the employees regarding the proposed new schedule configuration. The Employer will provide SunComm employees six (6) months' notice when planning to implement a major schedule change unless an emergent situation arises Once a new major schedule change has been implemented that change will be reviewed at the end of the first year's operation 27.2 Work schedules are those hours normally assigned Work schedule assignments shall normally be made prior to the start of the calendar year 27.3 Work schedule assignments shall normally be by seniority within the classification Beginning with the most senior employees, they will indicate which current work schedule assignment they prefer Remaining schedule slots shall be filled by assignment of employees with the least seniority, excluding probationary employees Management mandated assignments or re -assignments may become necessary as dictated by training, staffing and special project concerns. Special project concern reassignments shall be for the duration of the special project. 27.4 Overtime For Bargaining Unit members, overtime hours are those hours worked in excess of forty (40) hours in a regularly scheduled seven (7) day work period and all hours outside one's normally assigned shift. For the purposes of computing overtime all paid leave time shall be considered time worked Management shall avoid involuntary assignment of overtime to employees that result in less than eight (8) hours between working assignments, excluding emergency situations and extreme staffing shortage 27.5 No Pyramiding Nothing contained in this collective bargaining agreement shall be interpreted or enforced in such a manner as to result in the duplication, pyramiding or multiple payment (whether IAFF PERS 2018-2021 Final 23 by fractions or otherwise) of compensation for such items as overtime involving the same hours of labor 27.6 Meals and Break Periods (a) Members of this Bargaining Unit working within the SunComm Call Center will be granted meal period(s) of forty (40) minutes during their shift On an eight (8) hour shift this will be a single meal period as close to mid shift as possible and on a twelve (12) hour shift there shall be two (2) meal periods, as close as possible to four (4) hours and again at eight (8) hours into their shift. A rest period of fifteen (15) minutes shall be allowed for each four (4) hours of working time Rest periods shall be provided as near as possible to the midpoint of each four (4) hour work period Meal and break periods will be provided for SunComm Call Center personnel as long as qualified personnel are available for relief and the workload existing at the time is such that the remaining personnel can provide dispatching services at no degradation to the public Personnel on meal or break periods shall be in the immediate vicinity of the communications center and available for immediate call back to duty On occasion, but not regularly, at the discretion of the Shift Supervisor, personnel may leave for up to a 40 minute period of time during the meal period (b) All other members of this Bargaining Unit shall be entitled to at least one 30 minute unpaid meal period to be scheduled as near mid -shift as possible 27.7 Employees whose schedules are changed shall have at least seven (7) calendar days prior notice Notice shall be made during the employees scheduled working hours E-mail, employee mail, updated master schedule, or personal contact shall constitute notice The day notification is given shall count as a day of notice (example, an employee whose schedule is to be changed on Monday must be notified no later than the preceding Monday) Employees whose schedules are changed without seven (7) calendar days' notice shall be paid overtime for those newly assigned hours In such reassignment overtime situations the employee may be required to work their regularly scheduled hours, as well, provided they can without assignment of excessive continuous hours 27.8 Overtime hiring shall typically be bid by seniority within position, if planned in advance of the vacancy Preference will be given to the most senior bidder within the classification provided it does not result in any additional vacancies or overtime Overtime shifts of eight (8) hours or more will be offered in '/z shift increments ARTICLE 28 - TOBACCO USE ON DUTY 28.1 The Union and the City recognize that health problems are caused by smoking and therefore agree to the elimination of the use of all tobacco products by everyone involved with the Public Safety Dispatching facilities in all administrative offices, buildings or facilities Violations of these provisions shall constitute a basis for disciplinary action to be handled in accordance with normal disciplinary procedures ARTICLE 29 - DRUG TESTING POLICY 29.1 The mission of this unit is to protect the lives and property of the people of Yakima To fulfill this mission and because it regards its employees as its most important asset, the Division has a substantial interest in assuring that its employees maintain their physical and mental fitness, stamina, alertness and control at all times while on duty IAFF PERS 24 2018-2021 Final Alcohol and drugs alter and impair an employee's ability to perform his or her duties, and therefore increase the risk of accidents and injuries to members of the public, other public safety employees, fellow firefighter's and the employee themselves. To further the goal of a drug free work place, the Yakima Communications Division believes that the following on -duty alcohol and drug testing programs are an effective way to assure employee fitness for duty and to protect employees and the public from the risks posed by employee use of alcohol and drugs Accordingly, the Division hereby implements the following "random", "post -accident", and "return to duty" alcohol and drug -testing program This policy is in addition to the City of Yakima Substance Abuse Policy, which provides for "reasonable suspicion" testing The parties agree to re -open this Appendix following the conclusion of bargaining between the City and the IAFF LEOFF bargaining unit if modification to this Appendix is necessary to maintain a uniform policy applicable to all IAFF members A. Applicability This policy applies to all members of SunComm covered under this collective bargaining agreement. B. Definitions For purposes of this policy, and unless indicated otherwise, the following terms shall be defined as follows Accident Accident means an occurrence associated with the operation of a vehicle if, as a result: • An individual dies, • An individual suffers bodily injury; or • There is damage to property Alcohol Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, and/or other low molecular weight alcohol including methyl and isopropyl alcohol Alcohol Concentration/Content Alcohol concentration/ content means 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 An alcohol test is a test conducted by a Breath Alcohol Technician, or any other person trained in the Department of Transportation rules, using an Evidential Breath Testing Device (EBT) to measure the amount of alcohol concentration in a volume of breath Breath Alcohol Technician A Breath Alcohol Technician (BAT) is an individual who instructs and assists individuals in the alcohol testing process and operates EBT devices Confirmation Test IAFF PERS 2018-2021 Final 25 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 Controlled substances are those substances whose dissemination is regulated by law, including but not limited to narcotics, depressants, stimulants, hallucinogens, and cannabis For the purpose of this policy, substances that require a prescription or other written approval from a licensed health care provider or dentist for their use shall also be included when used other than as prescribed The drugs and/or their metabolites that are included in these categories are as follows marijuana, cocaine, opium or opiates, barbiturates, amphetamines or methamphetamines, and phencyclidine Controlled Substance Test A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR part 40, as amended Failing a Controlled Substance or Alcohol Test Failing a controlled substance or alcohol test means that 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 substance test. 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 An Evidential Breath Testing Device (EBT) is 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 Medical Review Officer (MRO) is 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 On -duty For purposes of this policy, on -duty includes meal and break periods during the workday and time during which an employee is on paid administrative leave Passing a Controlled Substance Test An individual passes a controlled substance test when an MRO determines, in accordance with 49 CFR Part 40, that the results of the test: • Showed no evidence of a controlled substance or controlled substance metabolite, IAFF PERS 2018-2021 Final 26 • Showed evidence of a controlled substance or controlled substance metabolite for which the employee has a prescription, or • Showed evidence of a controlled substance or controlled substance metabolite below a determined threshold level Passing a controlled substance test shall be referred to as "testing negative " Passing an Alcohol Test Passing an alcohol test means that the alcohol test result shows an alcohol concentration of less than 0.02 Passing an alcohol test shall be referred to as "testing negative" Refusal to Submit An employee "refuses to submit" to an alcohol or controlled substances test when the employee fails to provide adequate urine for testing without a valid medical explanation, the employee engages in conduct that obstructs the testing process, or the employee does, not cooperate fully in the collection process. Examples of refusal to submit include the following • Failure to appear for a test. • Failure to remain at the testing site until the testing process is completed • In the case of a directly observed or monitored specimen collection, failure to permit the monitoring of the provision of a specimen • Failure to provide a sufficient amount of urine when directed and it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure • Failure to take a second test as directed by the collector • Tampering with a urine sample • Failure to complete all required forms and documents. Screening Test For alcohol testing, a screening test is an analytical procedure using an EBT to detect if an employee has a prohibited concentration of alcohol in his/her system For controlled substances testing, a screening test means an immunoassay screen (or other Department of Health and Human Services (DHHS)-approved test) utilized to eliminate "negative" urine specimens from further consideration Substance Abuse Professional A substance abuse professional (SAP) is 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. C. Prohibited Activities 1 No employee shall report for duty or remain on duty while having an alcohol concentration of 0 02 or greater IAFF PERS 2018-2021 Final 27 2 No employee shall report for duty or remain on duty while unable to perform his or her job safely and effectively and/or while impaired by a controlled substance 3 No employee shall report for duty or remain on -duty if the employee tests positive for a controlled substance 4 No employee shall refuse to submit to a post -accident, random, return -to - duty, or follow up alcohol and controlled substances testing 5 No employee shall consume or possess alcohol in the workplace (including City vehicles) and/or while on duty 6 No employee shall illegally manufacture, distribute, dispense, possess, or use any controlled substance in the workplace (including City vehicles) and/or while on -duty 7 Supervisors shall give employees the opportunity to acknowledge the use of alcohol at the time he/she is called to report for duty The employee will be required to take an alcohol test if he/she acknowledges the use of alcohol at the time he/she reports for duty but claims the ability to drive and/or perform safety -sensitive functions D. Random Testing Employees covered hereunder are subject to random controlled substances testing in accordance with the following 1 Twenty-five percent of the average number of covered employees shall undergo random alcohol and controlled substances testing in each calendar year 2 Random testing shall occur while an employee is on -duty If an employee is off -duty when he/she is selected for random testing, the employee will be tested upon return to duty 3 The selection of employees for random testing shall be made by a scientifically valid method, such as a random number table or a computer - based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying numbers Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made 4 Random alcohol and controlled substances tests shall be unannounced and the times and dates for administering such random tests shall be spread reasonably throughout the calendar year 5 Employees who are notified of selection for random controlled substances testing shall be immediately transported to the test site by a Supervisor E. Post -Accident Testing Employees covered hereunder are subject to post -accident alcohol and controlled substances testing in accordance with the following IAFF PERS 2018-2021 Final 28 1 As soon as practicable following an accident, each employee who was in physical control of a vehicle involved in the accident shall be tested for alcohol and controlled substances 2 If a post -accident controlled substances test is not administered within 32 hours of the accident, the supervisor shall. cease attempts to have the controlled substances test administered and prepare and maintain on file a record stating the reasons the test was not done within said 32 hours. 3. If a post -accident alcohol test is not administered within 2 hours following an accident, the supervisor shall prepare and maintain on file a record stating the reasons the test was not properly administered If a post - accident alcohol test is not administered within 8 hours after the accident, the supervisor shall cease attempts to have the alcohol test administered and shall prepare and maintain on file a record stating the reasons the test was not done within said 8 hours 4 An employee subject to post -accident testing shall remain 'readily available for such testing, including notifying his/her supervisor of his/her location if he/she leaves the accident scene 'An employee who fails to do so shall be deemed to have refused to submit to testing Nothing herein shall be construed to require the delay of necessary medical attention for the injured or to prohibit an employee from leaving the accident scene for the time period required to obtain emergency assistance F. Return -to -Duty Testing An employee who has engaged in and/or violated the alcohol and controlled substances prohibitions of this policy shall not,be allowed to return to duty until that employee has complied with the following. • The employee has been evaluated by a SAP who shall determine what assistance the employee needs in resolving problems associated with alcohol misuse and/or controlled substances use, and • The employee has complied with and remains in compliance with any and all SAP recommended conditions of return to duty including rehabilitation and/or treatment programs; and • The employee has executed all necessary releases to permit the City to confirm his or her compliance with all conditions of return to duty; and • The employee tests negative for an alcohol and controlled substances return -to -duty test. Employees may use accrued vacation, holiday, compensatory time, sick leave or trades, or may request unpaid administrative leave in accordance with city policies while participating in a SAP evaluation and while complying with any rehabilitation or treatment programs G. Follow -Up Testing Upon successful return to work, an employee willbe subject to follow-up testing for alcohol and controlled substances. The SAP shall determine the frequency and duration of follow-up testing, but such shall consist of at least twenty four (24) unannounced tests in the first forty-eight months (48) months following the employee's return to duty After that period of time, the SAP may recommend additional follow-up testing or termination of follow-up testing. Follow-up testing IAFF PERS 2018-2021 Final 29 shall not go beyond sixty (60) months after the employee's return to duty Refusal to submit to return -to -duty testing or a follow-up test will be considered grounds for discharge from employment. H. Rehabilitation and Counseling The Department recognizes that alcoholism and controlled substance dependence are treatable diseases Therefore, the Department promotes voluntary rehabilitation programs to encourage employees to seek professional assistance, without fear of discipline, prior to testing positive for alcohol or drugs Toward this end, the Department's philosophy on substance abuse is to emphasize prevention, provide education and training to employees to clarify this policy, and assist employees in recognizing substance abuse problems and finding solutions to those problems The Department offers employees the use of counseling and rehabilitative services pursuant to coverage limitations and in accordance with the terms of its benefits programs A voluntary request by an employee for assistance with an alcohol and/or controlled substance dependency will remain as confidential as possible and will not be used, in Itself, as a basis for disciplinary action Employees are personally responsible for seeking treatment for substance dependency and are responsible for all costs not covered by insurance Paid leave shall be granted for appointments with the City's Employee Assistance Program (EAP) provider with prior approval by the employee's supervisor, for up to 3 visits per year The costs of the visits with the EAP shall be borne by the City The EAP counselor may contact the Department for authorization for additional paid time off The employee may also use any available accumulated leave in accordance with city leave policies in order to participate in extended counseling and/or rehabilitation Prescription Drug Use The appropriate use of legally prescribed drugs and non-prescription medication is not prohibited It is, however, the employee's responsibility to inform health care professionals of the employee's job duties and determine whether or not a prescribed drug may impair his or her job performance or mental or motor function Employees must remove themselves from service if they are unfit for duty Employees are required to report the use of medically authorized drugs or other substances that may create a direct threat by impairing job performance of safety - sensitive functions to his/her supervisor and provide written medical authorization to work from a physician Failure to report the use of such drugs or failure to provide proper evidence of medical authorization may result in disciplinary action J. Additional Employee Rights and Responsibilities IAFF PERS 2018-2021 Final 1 An employee who wishes to challenge a positive controlled substances test must do so within 72 hours of notification of the positive result. The employee must notify the MRO that he/she wishes to challenge the test result. The split -specimen must be processed at a different Department of Health and Human Services -certified laboratory The employee will be solely responsible for costs necessary for the re -test. 2 An employee required hereunder to undergo post -accident alcohol and controlled substance testing while off -duty shall be put on paid 30 administrative leave for the time period necessary for conducting said testing. 3 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 suspicion exists to believe the search will reveal evidence of a violation of this policy 4 In accordance with the Drug Free Workplace Act of 1988, an employee who is convicted of any criminal drug statute for a violation in the workplace shall notify the City Human Resource Manager no later than 5 days after such conviction 5 Employees who observe or have knowledge of another employee in a condition that impairs the other employee's ability to perform job duties or poses a health or safety risk shall promptly report the matter to an immediate supervisor K. Disciplinary Action The following actions are subject to disciplinary action, up to and including termination. • A positive alcohol and/or controlled substance test. • Refusal to submit to an alcohol and/or controlled substance test. • Disclosure of the identity of a firefighter selected for random testing or the fact that a random selection is scheduled to take place prior to the test. • Failure to complete a counseling, treatment, or rehabilitation program recommended by the SAP • The consumption or possession of alcohol in the workplace (including City vehicles) and/or while on duty • The illegal possession, manufacture, use, distribution, or sale of any controlled substance, drug paraphernalia, or other prohibited substance in the workplace (including City vehicles) and/or while on -duty. • Any other violation of this policy If a communications division employee fails an alcohol and/or controlled substance test for the first time, the Chiefs will engage in a good faith effort to offer the employee the opportunity to return to duty under certain conditions including, but not limited to, return -to -duty testing, follow-up testing, an appropriate rehabilitation program, and discipline Tess than termination, provided however, that the City retains the ability to terminate an employee in the case of aggravating circumstances A communications division employee who fails an alcohol and/or controlled substance test for the second time during his/her career shall be terminated. L. Collection and Testing Procedures Controlled substance testing shall comply with 49 CFR Part 40, procedures 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 confidentiality protections IAFF PERS 2018-2021 Final 31 Alcohol testing will 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 the employee of the EBT results at the time of testing If the screening test shows an alcohol concentration of 0 02 or greater, a breath confirmation test will be conducted after 15 minutes of the screening test and before 30 minutes If the confirmation test shows an alcohol concentration of 0 02 or greater, the BAT will show the employee the printed test results and shall notify the Fire Chief of the test results Controlled substance testing will be performed by split -specimen 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") Prescription information will not be requested from an employee prior to laboratory testing The City's designated MRO shall receive and interpret test results and report them to the City Laboratory analysis of urine specimens shall be restricted to those tests authorized by this policy to detect drug use They shall not be used for other purposes such as the analysis of physiological states or diseases The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these drugs or classes of drugs Alcohol Marijuana metabolites Cocaine metabolites Opiate metabolites (1) Phencyclidine (PCP) Amphetamines Initial test cutoff levels (ng/ml) 02g/210 ml expired air 50 300 2000* 25 1000 * 15 ng/ml if immunoassay specific for free morphine All specimens identified as positive on the initial test shall be confirmed at the cutoff levels listed below for each drug Confirmation test cutoff levels (ng/ml) Alcohol 02g/210 ml expired air Marijuana metabolites 15 Cocaine metabolites 150 Opiates Morphine 300 Codeine 300 6-acetylmorphine 10 Phencyclidine 25 Amphetamines Amphetamine 500 Methamphetamine 500 IAFF PERS 2018-2021 Final 32 Prior to reporting a positive test result, the MRO shall give the employee an opportunity to discuss the test result, including providing verification of any prescription medications 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, the MRO will verify a positive test result and will inform the City Human Resources Manager and Fire Chief 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" at their own expense within 72 hours M. Confidentiality All records relating to controlled substance test results performed pursuant to this policy shall be maintained in a secure location with controlled access Except as required by law or authorized by the employee, the City shall not release such records Test results obtained pursuant to this policy shall not be used as the basis for criminal investigation The city shall make one legible copy of the results of his/her drug and/or alcohol tests available to the employee upon request. N. Communication and Education Communicating this policy to employees is important to its success Therefore, all new and covered employees shall receive- • One written copy of this policy prior to its implementation • A brochure describing the City's EAP and any additional drug and alcohol referral services. • Information concerning the impact of the use of alcohol and drugs on job performance • Education on how the tests are conducted, what the test can determine and the consequences of testing positive for drug or alcohol use. No employee shall be tested before this information is provided to him/her O. 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 policy is held or found to be in conflict therewith, said provision shall be void However, such invalidity shall not affect the remainder of this policy, which will remain in full force and effect. P. Other This policy as it applies to random and post -accident drug testing was initiated at the request of the city and the city shall assume sole responsibility for its administration. The Union does not stipulate that the random drug testing provisions of this policy are lawful and the city agrees to indemnify and hold the union and its officers harmless from any and all claims of any nature (except those arising from the negligence of the union and/or its officers) where the legality or constitutionality of this policy as it applies to random or post -accident drug testing is at issue. This indemnification provision does not extend to claims that the union or anyone acting on its behalf improperly or negligently advised, represented, or performed services for an employee, disciplinary proceedings arising from IAFF PERS 2018-2021 Final 33 violations of the policy, or any other right or liability of an employee related to this policy ARTICLE 30 - PHYSICAL FITNESS 30.1 SunComm Call Center employees will have made available to them a time, which shall not exceed sixty (60) minutes per work shift, to participate in an approved aerobics/physical fitness program This program shall be as approved by the physical fitness committee The scheduled times will be by agreement between the Administration and the Union At no time shall the scheduled aerobics/physical fitness time cause a hiring situation to happen in order to allow anyone to participate Relief of on -duty personnel shall only happen when work schedules and workloads allow At other times participants shall use the equipment, furnished by the Administration to accomplish their aerobics/fitness times The participants shall provide all of their own personal aerobics/fitness clothing The actual schedule of the aerobics/fitness period times, availability of relief and the list of approved activities shall be subject to approval by the Administration, the physical fitness committee and the Public Safety Dispatch Supervisor As part of this program, the participants are encouraged to be active participants in the City's wellness program in order to have a total wellness/fitness program 30.2 If the Administration has a concern about an employee's physical and/or mental fitness for duty, the Employer has the right to require said employee to be examined by a qualified medical expert designated by the Employer at the Employer's expense The qualified medical expert will issue a statement to the Administration regarding the employee's fitness for duty with a copy to the employee ARTICLE 31 - DEFERRED COMPENSATION 31.1 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 three (3%) percent of base pay to a deferred compensation account for each member of the bargaining unit. 31.2 Said deferred compensation 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 32 - DISCIPLINE AND DISCIPLINARY PROCEDURES 32.1 Purpose To increase professionalism, improve morale, improve manager/employee relations, foster long-term positive change, and deter future performance deficiencies This Bargaining Unit hereby adopts the following disciplinary guidelines, relating to the administration a process of corrective disciplinary actions This policy is in addition to any applicable policies, SOPs, and guidelines regarding disciplinary action applicable to bargaining unit members, including the Fire Civil Service Rules & Regulations as well as the City of Yakima's Administrative Codes IAFF PERS 2018-2021 Final 34 32.2 Procedure A. Progressive Discipline The process of progressive discipline is intended to assist the employee in overcoming performance problems and to meet job expectations Progressive discipline is most successful when it assists an individual in becoming an effective and productive member of the organization Failing that, progressive discipline enables the organization to address misconduct or substandard performance of employees who demonstrate an unwillingness or inability to improve Generally, there are four main types of corrective disciplinary action, oral reprimand, written reprimand, suspension, and discharge Demotions, deductions of pay within the pay range, and other forms of discipline may also be used depending on the circumstances The four main types of corrective discipline are defines as follows 1. Oral Reprimand Any instance in which an employee is issued an oral reprimand for an infraction or performance deficiency by any supervisor. An oral reprimand shall include all of the following • A meeting with the employee and his/her immediate supervisor • The employee is informed that this is an oral reprimand • Oral reprimands will be documented by memo to include the date and time of the infraction, the department policy, SOP or guideline that has been violated, an action plan to correct the behavior and action necessary to avoid further discipline • A memo documenting receipt of the oral discipline shall be signed by the individual and the immediate supervisor This memo is to be filed with the Deputy Chief or the Assistant Communications Manager and a copy is to be provided to the employee Memo is not placed in employee's personnel file. 2. Written Reprimand Any instance in which an employee is formally issued a written reprimand document for an infraction or performance deficiency by any supervisor. Written reprimand shall include all of the following • A meeting with the employee, and his/her immediate supervisor • The employee informed that this is a formal written reprimand • Written reprimands will be documented by a letter which shall document date and time of the infraction, the department policy, SOP, or guideline that has been violated, the previous related discipline, an action plan to correct the behavior and action necessary to avoid further discipline. • A copy shall be maintained in employee's personnel file and given to the employee 3. Suspension Any instance in which any employee is released from duty without pay from city service IAFF PERS 2018-2021 Final 35 If subsequent to a satisfactory investigation, suspension of an employee is the contemplated level of discipline the process shall include all of the following • Provide the employee with a pre -disciplinary letter that schedules the "Loudermill" meeting with the employee • The pre -disciplinary letter shall inform the employee of the alleged policy, SOP, or guideline violation, including time and date Also include any previous related discipline, violations and the anticipated level of discipline • A discipline letter will be issued informing the employee of the length of the suspension, containing an action plan designed to correct the behavior The letter will also contain action necessary to avoid further discipline and detail the employees return to work • The original disciplinary letter will be provided to the employee and a copy of the pre -disciplinary letters will be maintained in the employee's personnel file 4. Discharge Any instance in which an employee is involuntarily terminated from city service If subsequent to a thorough investigation, discharge of an employee is the contemplated level of discipline the process shall include all of the following • Provide the employee with a pre -disciplinary letter that schedules the "Loudermill" meeting with the employee • The pre -disciplinary letter shall inform the employee of the alleged policy, SOP, or guideline violation, including time and date Include previous related discipline and violations and anticipated level of discipline • A discipline letter will be issued that informs the employee of the effective date of the discharge and appeal process • The employee will be given the original disciplinary letter and a written copy of the pre -disciplinary and disciplinary letters will be maintained in the employee's personnel file B. Progressive Disciplinary Process When a sub -standard performance persists despite informal counseling, coaching, or remedial training, an increase in the level of disciplinary action will be initiated and directed toward correcting the behavior Continuing offenses, which alone may justify nothing more severe than a written reprimand, may be cause for more serious discipline up to and including discharge should the employee not make the corrections required The Progressive Disciplinary process will utilize only the level of discipline and corrective action necessary to achieve the improved performance and deter future rule violations All oral reprimands shall be placed on file in the Deputy Chief or Assistant Communications Managers office Oral reprimands are not to be placed into the employee's personnel file and shall be removed from the Deputy Chief or Assistant Communications Managers file upon request of the employee after two years Written and suspension documentation shall be placed in the employee's personnel file Time begins the day the documents are filed into the employee's personnel file The documentation shall be removed upon request of the employee after two years IAFF PERS 2018-2021 Final 36 Consistent with the Fire Civil Service Rules and Regulations, an employee disciplined under this policy may file with the Civil Service Commission a written request for a hearing, within 15 days from the time of receipt of written notice of such discipline, whereupon, consistent with the Rules, the Commission shall conduct such hearing Failure to file such written request within the time specified shall be deemed a waiver of any right of review C. Definitions of levels of infraction: Minor Infractions — Any violation that does not compromise safety, efficiency, or the ability to properly respond to or process an emergency call Violations of this type may rise to the level of an oral or written reprimand Multiple violations may rise to the level of termination Examples but not limited to • Tardiness • Inefficiency or inattention to duties • Failure to maintain satisfactory and harmonious working relationships (depending on the extent, this may be considered a more serious infraction) More Serious Infractions — Any violation that compromises the integrity of the department or the city or which the consequences cause only minor disruption of work. Violations of this type may rise to the level of a reduction in pay, suspension, or demotion Multiple violations may rise to the level of termination Examples but not limited to. • Careless, negligent, or other improper use of City property • Releasing confidential information without proper authority • Unauthorized or improper use of any type of leave • Public defamation of character or the organization Intolerable Infractions — Any action that endangers the safety, health, or well-being of another person The act is of sufficient magnitude that the consequences cause disruption of work or gross discredit to the Department or City of Yakima Violations of this type may rise to the level of immediate termination Examples but not limited to. • Fighting with the intent to do bodily harm • Insubordination, open and willfully defying of an order • Consumption or distribution of alcohol or illegal drugs on duty • Falsification, fraud, or willful omission of information related to the job • Endangering of coworkers and/or civilians due to reckless behavior • Pattern of performance deficiencies D. Probationary Employees: These guidelines are designed to promote corrective discipline and do not apply to probationary employees E. Training: In order to assist supervisors in enforcing this policy and applying discipline uniformly, labor and management will cooperatively present training to all supervisors. IAFF PERS 2018-2021 Final 37 ARTICLE 33 - PROPERTY LIABILITY 33.1 The City shall provide full physical damage insurance on City vehicles which shall include Public Safety Division employees as insureds, or the City shall, in the alternative, become self -insured for such physical damage In either case, the City waives any claim it may have against any Division employee for damage to City property while that employee is acting within the scope of his employment except in the instance of intentional misconduct, but the City retains its right to discipline any employee for just cause 2 04 2 04 010 2 04 030 2 16 2 16 010 2 20 2 20 010 2 20 040 2 20 060 2 20 070 2 20 080 2 20 085 2 20 086 2 20 088 2 20 100 2 24 2 24 010 2 24 015 2 24 020 2 40 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 44 2 44 030 2 44 040 2 44 050 2 44 060 ARTICLE 34 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING UNIT MEMBERS Group Insurance Health Care Plan City Contributions Bonds For Officers Bonds Required - Amount Salaries Persons Subject to the Plan Policy for Pay Steps Transfer, Promotion, Reclassification, Demotion or Reinstatements of Employees Reduction in Salary Effect on Budget Reimbursement for Expenditures Reimbursed Expenditures - Amounts Uniform Allowance - Special Assignment Pay Classification Plan and Compensation Plan Longevity Plan Longevity Plan - Eligibility - Restrictions Longevity Plan - Service Recognition Award Leave Of Absence for Service in Armed Forces Leaves Of Absence Eligible Employees Vacation Leave Sick Leave Bereavement Leave Civil Leave Military Leave Leave Without Pay Unauthorized Absence Lobbying by City Personnel Permitted Activities of Representatives Payment for Services of Representative Prohibited Expenditures Ethical Practices and Conduct IAFF PERS 2018-2021 Final 38 In cases of conflict between the Municipal Code and this Agreement, the latter shall control Nothing herein shall alter the parties' rights and obligations to bargain collectively concerning proposed changes in the Municipal Code that affect wages, hours or working conditions of bargaining unit employees ARTICLE 35 - ENTIRE AGREEMENT 35.1 This collective bargaining agreement constitutes the entire agreement as negotiated between the parties and no oral statements and/or previous written agreements shall add to or supersede any of the specific provisions of this agreement. 35.2 The Administration and the Union agree to establish monthly meetings for the purpose of discussing matters considered of importance and to maintain a channel of communication It is intended that such communication be used as a tool to prevent problems from developing and to solve problems which have surfaced 35.3 The problem resolving meetings shall not result in any modifications to this collective bargaining agreement except by mutual written agreement by the parties ARTICLE 36 - SAVINGS CLAUSE 36.1 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 provision 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 provisions of this Agreement the Employer may take all actions reasonable to comply with the Americans with Disabilities Act and the Family Medical Leave Act. ARTICLE 37 - CREATION OF NEW CLASSIFICATIONS 37.1 The salary, hours of work and fringe benefits for all newly created classifications within the bargaining unit shall be negotiated with the Union The Employer will provide a job description for the new classification to the bargaining unit representative.prior to seeking applications for the new position Thereafter, the classification shall be filled .by. open and competitive competition If the new classification would be a logical progression for an existing classification, then it will be filled by the promotional process. Otherwise, the new classification would be filled by open and competitive competition All areas negotiated for the new classification shall be applied retroactive to the date of hire or promotion of any individual who is placed into the new classification ARTICLE 38 - CLASSIFICATION STUDIES 38.1 The long term assignment (greater than 6 months) of uncharacteristic duties (e g , dispatching taxi cabs, buses, shuttle services), that are outside what normally would be considered duties related to a consolidated public safety communications center (e g , ambulance dispatching, fire department/district dispatching, law enforcement agencies dispatching, Emergency services dispatching), to any classification in the bargaining unit must be accompanied by a classification study The classification study shall be accomplished in a reasonably timely manner IAFF PERS 2018-2021 Final 39 ARTICLE 39 - VEBA MEDICAL SAVINGS ACCOUNT 39.1 The Bargaining Unit shall have the option of participating in a medical savings trust fund Participation of the members shall be either all -in or all-out depending on the vote of body This trust fund shall be funded by the employee's sick leave cash out at the time of retirement. ARTICLE 40 - TERM OF THE AGREEMENT 40.1 This Agreement shall be deemed effective from and after the 1st day of January, 2018 through the 31 st day of December, 2021, provided, however, that this agreement shall be subject to such periodic changes as may be voluntarily and mutually agreed upon by the parties hereto during the term thereof Executed by the parties hereto this Ir day of be-LC'VYl r, Recommended by LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO By. er-m Rodriguez Negotiator, IAFF Local 469 CITY OF YAKIMA. By By. C, By Cliff M ore City Manager By \ GIOA-U1- �I '0G� Connie Mendoza Director of Human Resources ATTEST` //JJ �,I V By ! 1� lei Sonya Claa'-Tee City Clerk ...Th. Nick Sloan President, IAFF Local 469 Brad Coughenour Public Safety Communications Manager City Contract No )010 -‘2; Council Resolution No R, -1010 " 1 y3 IAFF PERS 2018-2021 Final 40 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.J. For Meeting of: December 11, 2018 Resolution authorizing a collective bargaining agreement for 2018- 2021 with the International Association of Firefighters (IAFF) Local 469 representing the PERS bargaining unit Cliff Moore, City Manager Connie Mendoza, Director of Human Resources SUMMARY EXPLANATION: City Management and IAFF PERS representatives negotiated in good faith, a contract setting forth the wages, hours, and other terms and conditions of employment for the next four years (2018-2021). To that end, both parties recommend the City Council review and approve the attached CBA proposal. The IAFF PERS group has voted and ratified this proposed agreement. Highlights of the proposed CBA include: • This contract will consolidate two smaller bargaining units IAFF Dispatchers & Supervisor and IAFF Fire Pers Employees & 911 Call -takers into one collective bargaining group, IAFF PERS. • Wage adjustment of 2.5% for 2018 and 2.25% for 2019, 2020 & 2021. These wage adjustments are included in the approved 2018 budget and proposed 2019 budget. • Vacation accruals will be increase by 2 hours per month. • Effective 2019 employee contributions for health care premiums will be increased to $50 per month for employee only and $250 per month for employee/family. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Adopt Resolution. 2 BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date resolution 12/4/2012 D contract 121712018 Type Geer Memo Cover Memo Memorandum of Understanding by and between the City of Yakima and IAFF Local 469 Whereas, the parties would like to resolve an issue that was raised as a result of a Unit Clarification Petition being filed on April 27, 2018, Case 130597-C-18; Whereas, the IAFF Local 469 is the exclusive bargaining representative for the following non -uniformed (aka "PERS") positions: 9-1-1 Calltaker and Public Safety Dispatcher;, Fire Mechanic I & II, Fire Code Inspector, Electronics Technician I & II, Electronics Supervisor, Public Safety Communications Supervisor, Fire Department Secretary I & II. Whereas, the petition identified three (3) positions for unit clarification consideration a) Electronic Technician I, b) Electronic Technician II; and c) Fire Code Inspector; Whereas, after the petition was filed, due to the expressed wishes of the current employees filling the positions of Electronic Technician I & II to retain membership and representation of IAFF, the positions shall continue to be represented by the IAFF Local 469; Agreement The IAFF Local 469, the City of Yakima and its Fire Department hereby agree to the following: 1. Prospectively, from the date of this agreement, Electronics Supervisor and Electronic Technician I and II will be covered by the general (aka "Charter) City of Yakima Civil Service Rules and the collective bargaining agreement between the City and the IAFF Local. 2. Prospectively, from the date of this agreement, the Electronics Supervisor, Electronic Technician I and Electronic Technician II positions will remain in the IAFF bargaining unit of non -uniformed (aka PERS) employees; 3. The Unit Clarification Petition 130597-C-18 will be withdrawn and this agreement provided to the PERC. Executed by the parties hereto this t day of By: By: IAFF President acmq -/ a CITY CONTRACT O. RESOLUTION NO K-ao A' " 4/3 NDUM OF UNDERSTANDING By and between CITY of YAKIMA And LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Local 469, international Association of Firefighters AFL-CIO (hereinafter "Union") 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 Union is the exclusive bargaining representative of all regular Fire Department employees in the Public Employees. Retirement System classifications, 9-1-1 Calltakers, Public Safety Dispatchers and Public Safety Communications Supervisors excluding the Chief of police; Fire Chief, Deputy Fire Chiefs, Shift Commanders, Fire Department Administrative Assistant, Uniformed Firefighter personnel, Public Safety Communications Division Manager, Public Safety Assistant Communications Manager, Communications Division Office Assistant and all other employees of the Police and Fire Departments; and Whereas, the City and the Union agree that the provisions as set forth in this MOU supersede any conflicting provisions in any Collective Bargaining Agreement covering the issues contained in this MOU. Therefore, the City and the Union to amend Section 27.8 of the IAFF Pers Collective Bargaining Agreement 2018-2021 as follows: 27.8 Overtime hiring shall be bid by seniority within position, if planned In advance of the vacancy. Preference will be given to the most senior bidder within the classification provided it does not result in any additional vacancies or overtime. Overtime shifts of eight (8) hours or more will be offered in'h shift increments. (a) Hiring for unplanned absences in any class that is four (4) or less hours from the beginning of the shift or during the shift,' an actor may be assigned from current shift staffing provided it does not drop any classification on the shift below minimums. (b) For unplanned vacancies with notice given that is greater than four (4) hours in advance; there shall be a sixty (60) minute call back for paged hiring. Priority is given to the first response. day of August, 2019. City of Yakima: For the IAFF PERS: Cliff More Date Nick Sloan City Manager CITY CONTRACT NO;t Ap(t RESOLUTION NO: y [3 President, IAFF Local 469 11-77 Date MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And LOCAL 469, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Local 469, International Association of Firefighters AFL-CIO (hereinafter "Union") 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 Union is the exclusive bargaining representative of all regular Fire Department employees in the Public Employees Retirement System classifications, 9-1-1 Calltakers, Public Safety Dispatchers and Public Safety Communications Supervisors excluding the Chief of police, Fire Chief, Deputy Fire Chiefs, Shift Commanders, Uniformed Firefighter personnel, Public Safety Communications Division Manager, Public Safety Assistant Communications Manager, Communications Division Office Assistant and all other employees of the Police and Fire Departments; Whereas, the City and the Union agree that the position of Communications Division Office Assistant will become part of the Union; and Whereas, the City and the Union agree that the provisions as set forth in this MOU supersede any conflicting provisions in any Collective Bargaining Agreement covering the issues contained in this MOU. Therefore, the City and the Union to amend Section 1.1 of the IAFF PERS Collective Bargaining Agreement 2018-2021 as follows: 1.1 The City hereby recognizes the Union as the exclusive bargaining representative for all regular Fire Department employees in the Public Employees Retirement System (PERS) classifications, 9-1-1 Calltakers, Public Safety Dispatchers, Public Safety Communications Supervisors, Communications Division Office Assistant , and Fire Office Assistant. Excluded from the bargaining unit are the Chief of Police, Fire Chief, Deputy Fire Chiefs, Shift Commanders, Uniformed Firefighter personnel, Public Safety Communications Division Manager, Public Safety Assistant Communications Manager, Fire Department Administrative Assistant and all other employees of the Police and Fire Departments. The Communications Division Office Assistant will be placed in paygrade 580 and the current employee will continue at step "C" until such time that all job duties/responsibilities are fully restored to the position. All accrued PTO hours will be converted into vacation hours. This MOU becomes effective when a new Master Pay Ordinance is effective reflecting these changes. i Executed this 01r day of April, 2020. City of Yakima: Alex Meyerhoff Interim City Manager 0 CITY CONTRACT N(Oj:,20 073 r/ RESOLUTION NO 4631Z0 Date 1 For the IAFF Nick Sloan President, IAFF Local 469 qG3-ZoZo Date focal- 469 InternationaC sociation of Fire ,F Titers 6 South 2ncr Street, Suite 416 yakima, AVA 98ga1 John W. Shahan PRESIDENT Mark Buskas VICE PRESIDENT Trent Nelson Secretary/Treasurer MEMORANDUM OF UNDERSTANDING (For Incidental Time Off/Earned Leave Request) THIS MEMONDUM OF UNDERSTANDING is made by and between the International Association of Firefighters Local 469 (PERS) and the City of Yakima, Washington, for the purpose of providing an agreed process governing incidental leave/earned leave requests. WHEREAS: The City of Yakima ("City" herein) 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 WHE ' AS: The IAFF Local 469 ("Union" herein) is the exclusive bargaining representative of the PERS Suncomm who provide dispatch services and other related Suncomm services within the City of Yakima; and WHEREAS: The City and Union cooperatively recognize and agree, to adopt this MOU in its entirety for the purpose of establishing incidental time off practices. THEREFORE, the parties memorialize and state their agreement as foliows:; Policy: It is the policy of SUNCOMM to allow time off in accordance with policy and contractual agreements without adversely impacting the level of service. This policy specifically addresses "incidental time off', which is defined as leave requests made periodically throughout the year, unrelated to the annual 1s' 2nd and 3rd vacation picks. II. Procedure: 1. The dynamic schedule shall be considered "complete" by the 8'' day of the preceding month. This means all required staffing has been determined and overtime has been awarded/mandated. a. Example: Management will open the July schedule on June 1s` — alerting all staff to the overtime availability for July. Staff will have until midnight on June 7' to bid for the open shifts; on June 8'h all required shifts will be filled — either through the bid process or by mandating appropriate classifications. 2. On the 8'I' day of the month preceding the requested leave, incidental leave requests that have been received for the month will be reviewed, with a determination due by the 15'I' day of the preceding month. a. SUNCOMM shall approve all requests where either: i. The request can be fulfilled without volunteers while maintaining minimum staffing; or ii. An available employee volunteers by the 15th day to cover the request. b. All denials of requested incidental time off shall contain a written explanation for the denial. 3. Once a request for incidental time off is granted, a later use of sick leave shall not cancel the grant of incidental time off except when sick leave causes below minimum staffing and use of other options have failed to bring staffing to minimum levels. 4. Incidental leave requests made outside of this timeline set forth in Paragraph II(2) shall be considered using the criteria under Paragraph II(2)(a), except that SUNCOMM shall post the request upon receipt and leave it open for volunteers for seven (7) days or the period of time between the date the request is made and leave is sought, whichever is greater. 5. Employees on leave, who anticipate or will be delayed in returning, shall notify the on - duty supervisor as soon as practical. 6. In an effort for staff to ensure incidental time off, the Shift Trade Policy can be utilized. 7. The division manager, or designee, in emergency situations resulting in personnel shortages or as the result of conditions requiring additional manpower above minimum, can cancel time off that has been granted as outlined in the current CBA. 8. SUNCOMM shall deny requests for incidental time off for July 4th and/or the weekend including July 4th if it falls on a Friday, weekend day, or Monday; provided, however, that this restricted period shall not exceed a three-day period. 9. The division manager, or designee, shall review extenuating circumstances on a case -by - case basis. This Memoandum of Understanding is executed this day of 2021. inn W. Shahan President IAFF Local 469 Chief on Markham City Yakima Fire Department Andrew Zuber Suncomm Representative Bob Harrison City Manager City of Yakima Connie Mendoza HR Director CITY CONTRACT NO:'2, _ 113 RESOLUTION NO: R MI`e"i 1 S MEMORANDUM OFUNDERSTANDING BETWEEN THE CITY QFYAK8MA° AND YA0yNAFIREFIGHTERS ASSOCIATION LOCAL 46g ThbK4OUisintendedtoprovNeDepartment-widedireck7naoitnelatestoGovernur|os|ee'sAuAustJDw 2021 Proclamation 21-14.1 regarding COVID-19 vaccination requirement. 1. OVERVIEW 1,1. All Fire Department employees who are considered Health Care Providers shall comply with Proclamation Z1—I4.1byOctober 18,ZO21. lI The City has the authority and responsibility to ensure that employees covered by the Proclamation comply with the parameters outlined in this directive, and each covered employee shall ensure that he or she is complying with the parameters outlined in this 2. Procedure 2.1= Demonstrating Compliance — All qualifying Department personnel shall ensure they comply with the proclamation by completing the following tasks: 2.1l Submit an acceptable proof of full vaccination against COV|D-I9 to City of Yakima Human Resources byOctober l8m 202I. JJl If an employee chooses to submit a medical o, religious exemption request and has initiated their request by September 3 01h , 2021 and cooperates with the process, and the exemption is still being reviewed on [)ctoberI8"', ZOZI'the employee will be placed on paid directed leave and will suffer no loss in pay until the exemption decision icprovided. |fanexemption request ismade after September 3Om,ZOZ1'in the event of any delay of the exemption decision beyond October I8", 2021 the employee may use a combination of annual leave and/or leave without pay until the exemption decision isprovided. 2.1.1 If an exemption request is denied or an accommodation is not available, the employee may use a combination of annual leave and/or leave without pay for up to 45 days from the denial or notice of the decision that no accommodation is available, to become fully vaccinated. Failure to provide proof of beginning the process of becoming fully vaccinated within ten (IO) calendar days of denial or such notice will result in non -disciplinary separatlnn. Failure to provide proof offull vaccination within the 46'day period will result in non'disdp|inaryxeparation. 2.1.4. |fanemployee receives the first dose ofthe vaccination late and fails tubecome fully vaccinated by October I8w, 2O2l'the employee may use a combination of annual leave and/or leave without pay for vptothirty (3U) calendar days to become fully vaccinated. 2.1.5. Leave without pay taken in accordance with this agreement will not impact seniority. 2.1.6. Acceptable proof ofvaccination includes the following: * Acompleted CDC O3V|D'19Vaccination Record Card orphoto ofthe card ° Documentation of vaccination from a healthcare provider or electronic health record m A state immunization information system record * NOTE — A personal attestation is not an acceptable form of verification of COVID- 19vacc\nationstatu». 2.2� Vaccination Timeframes — Employees shall schedule vaccinations based on their preferred vaccine and shall be fully vaccinated bvOctober l8«� 2021 unless an exemption request has been granted orio|nprocess. 2.2.1. Moderna Vaccine — two doses are administered 28 days apart with full vaccination being completed 14 days after the second dose. 3.2.2. Comirnaty (formerly Pfizer) V�ccine — two doses are administered 21 days apart with full vaccination being completed 14days after the second dose. I�.3. Johnson & Johnson Vaccine — one dose administered with full vaccination being completed 14 days after administration. 22-4, Upon completion of the vaccination series, the employee will provide proof of vaccination to the City of Yakima Human Resources Deportment prior to 5:00 pm/ 2.3 Compensation —The City shall compensate employees as follows: 2.3,I- Employees are recommended to vaccinate outside of scheduled working hours and shall make o reasonable effort to be vaccinated following the end of set, in order to avoid potential staffing shortages should an employee experience an adverse reaction. The City shall compensate employees for one hour of overtime per vaccination shot received after the proclamation date afAugust 20m, I021 in an effort to become compliant with the vaccine mandate when proof nfvaccination is provided per Z.l.1above. 2.I2, The City shall place Fire Department employees, who have anadverse reaction tothe vaccination that affects their ability to carry out their duties during regularly scheduled working hours, unaKept OnSalary status. 2.4. ExemptionsandAccomnsodations—Employeeswhnreques anexemption and are approved by the City Human Resources Department, are not required to get vaccinated and are exempt from the proclamation, lfthey are unable todosobecause cf adisability, orifthe vaccination requirement conflicts with one or more sincerely held religious beliefs, practices, or observances. The City will provide reasonable accommodations consistent with the Americans with Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973 (Rehabilitation Act), Title VII of the Civil Rights Act of 1864 (Title VU), the Washington Law Against Discrimination (VVLAD), and any other applicable federal o,state laws. The employer will provide aninitial response to requests for exemption within three (3) business days of receipt. 2,4.1. Medical Accommodation Employees will inform the HR Director or designee, either orally or in writing, as soon as possible ifthey wish to request a medical exemption. The City and the union encourage employees tosubmit completed necessary materials no later than September 301^, 2021 to increase the likelihood of the request being processed prior tothe October 18* deadline. To the extent that requests are received after September 301h' the City will continue processing requests, as received. If the Employer requires a second medical opinion in the exemption process, the Employer will cover all associated costs. The medical appointment including trave|t�ime, will be considered work time. Only Human Resources staff mrstaff who are bound to protect confidential and sensitive information will handle and process exemption documentation. All information disclosed to the Employer in the exemption process will be kept w Employees requesting medical accommodation shall cooperate with all Human Resources processes and communicate orally, byemail, orhard copy. Human Resources may require additional documentation. 2,4.2, Religious Accommodation * Employees will inform the HRDirector ordesignee, eitherora|lyorinvvhdng,os soon as possible if they wish to request a religious exemption. The City and the Union encourage employees tosubmit completed necessary materials no later than September 301h' 2021 to increase the likelihood of the request being processed bythe October 18mdeadline. Tothe extent that requests are received after September 301h, the City will continue with processing requests as received. w Only Human Resources staff mrstaff who are bound to protect confidential and sensitive information will handle and process exemption documentation. All information disclosed to the Employer in the exemption process will be kept confidential. ~ Employees equest�ng religious accommodation shall cooperate with all Human Resources processes and communicate orally, by email, or hard copy. Human resources may require additional documentation of the sincerity of an employee's religious beliefs only if it has an objective basis to doubt such sincerity. Human Resources may require additional documents unrelated to the sincerity ofanemployee's religious beliefs asrelevant. 2`4.3. Consistent with the Washington State Department of Health's guidelines found in DOH 505-160 and applicable law, the City will conduct an individualized assessment and determination of each individual's need and justification for an accommodation request. The City may require additional information. 2.4.4. The City may deny requests: Asallowed bvlaw. That are identified asand known tmbebased onfalse, misleading, or dishonest grounds ur1nformat|on;or That are identified as and known to be based on the personal preference ufthe individual and not onaninability toget vaccinated because of disability or conflict with one or more sincerely held religious beliefs, practices, or observances. Employees may resubmit mnew request ifadditional documentation orinformation isavailable. 2.4.E The City will make a reasonable effort to keep employees in their existing duties and may nequineOOV0-l9 safety measures consistent with current mandates, DOH, L&I, and CDC as well as federal, state and/or local guidelines, or department directives. 2.4.6, Accommodations shall remain in place until the employee obtains a fully vaccinated status, or the end of the [OV0 vaccine mandate established by Proclamation 21' 141 At such time employees may choose to end their accommodations by submitting a request in writing to Human Resources, If at anytime m new COV|D vaccine mandate or state of emergency comes into effect any employee seeking a medical or religious accommodation from such mandate or emergency shall submit anew request for accommodation toHuman Resources. 2.5. Separation ofService —All qualifying employees who are not fully vaccinated by October 18, 2021 and who do not have an accommodation request in process shall have the following 2.5.1. Retire * Eligible employees may choose toretire under the Department ofRetirement Systems adhering to the typical retirement process and procedures. Employees' final day of work shall be no later than October 18m' 2021. Employees may use additional annual leave or unpaid leave until no later than November 17*, ZOJl'tocomplete the retirement process. To beeligible for this provision, an employee must notify the [|1y on or before October 41"' 2021. I5�2. Resignations Employees may choose to resign employment with the City per Civil Service Rules for General Fire Employees Rule XX|V.|naccordance with the Rules: * Any permanent employee who resigns in good standing as a result of this mandate, may atthe option ofthe appointing authority bere-hired toa position of the some classification if vacancy exists without reapplication within a year of the date of the resignation. To resign in good standing an employee must give the City fourteen (14) calendar days prior notice in writing. For the purpose of this MOU, notice must be received on orbyOctober 4' 2821. The City shall cash out accrued and unused vacation and sick leave as outlined in the Collective Bargaining Agreement, • Employees who are rehired with the City do not retain seniority status. Employees who have not completed probation will be required to restart probation without credit for the previous probationary tirne, * For a period of twelve (12) months following resignation, employees may request to be rehired by submitting a request in writing to the Chief Examiner. Employees must meet any vaccination requirements at time of the request. • Eligibility for rehire shall be on a first come, first serve basis. If multiple employees request re -hire on the same day, the City will revert to the order of seniority at time of separation. • Candidates eligible far rehire will need to successfully pass an updated background investigation and any physical examinations prior to re -hire. Re -hired employees may be subject to retraining requirements at the discretion of the Fire Chief. 2.5,3. Leave of Absence Employees in good standing may request to take a leave of absence from the City as a result of this mandate. A leave of absence provision is only applicable for this MOU. The leave of absence will begin on Oct. 19th, 2021 and will expire no later than April 17, 2022. * Employees must submit a request in writing to the Are Chief and Chief Examiner on or before October 4, 2021 to be eligible for this provision. Vacated positions will not be held for the employee requesting a eave of absence. Employees may request reinstatement in writing to a previously held position if a vacancy exists without reapplication. The employee must request reinstatement by submitting a request in writing to the Chief Examiner prior to April 17, 2022. Employees must meet any vaccination requirements at time of the request for reinstatement. If an employee takes a lower level position and a higher level previously held position becomes available prior to October 17, 2022, the employee will be entitled to the higher position. If no vacancy occurs, employee will need to retest for any future promotional opportunities, * The City shall freeze all leave banks. * Reinstated employees shall maintain the seniority and leave accrual rates they possessed at the time their leave began, and will not receive leave credit for the duration of their leave of absence. Upon attainment of fully vaccinated status, or end of the COVlD vaccine mandate, nrend nfthe state ofemergency, the employee may request toend their leave of absence and return to the next available position they are qualified for. The employee shall make their request to be reinstated no later than April 17"' ---- * Upon receiving a request to be reinstated, if there are no vacant positions, the employee will be placed on a reinstatement register that will expire on October 17m,2022. Employees must accept the first position offered and will not have the ability to decline and remain on the register. If a vacancy is declined, the employee shall beterminated osanon-disciplinary separation. The City shall reinstate employees on a first come, first served basis. Any employee onthe reinstatement register shall have preference, over those mnan open competitive register for any vacancies. If multiple employees request reinstatement on the some day, the City will reinstate employees in order of seniority. ° Employees eligible for ne|nstatnent will need to successfully pass an updated background investigation and any physical examinations prior to re -hire. Reinstated employees may besubject to retraining requirements a¢the discretion mfthe Fire Chief. 2.5.4. Termination * The City will terminate the employment of employees who choose not to be vaccinated, retire, os|Qn' or take leave of absence, and who do not have an approved accommodation in place or in process by October 17, 2821. The termination ofemployment will beeffective October l8,202l. The City shall cash out accrued and unused vacation and sick leave as outlined in the Collective Bargaining Agreement. Terminated employees who later choose to be vaccinated may reapply through the ordinary hiring process. The City shall have no obligation to rehire any terminated employee, Terminated employees shall not maintain their seniority or leave accrual rates and any rehired employees will be treated as new employees, This IVIOU is executed by the parties this day of September, 2021, Bob Harrison City Manager ~- ---.^"."�rm. c,.`~'~-~'�A' ' r~~� _ _ eSOLUTmnwm M#kBusk'5s STATE OF WASHINGTON OFFICE OF GOVERNOR. JAY tNSLEE PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATIONS 20-05 and 20-14 21-14,1 COVID-19 VACCINATION REQUIREMENT WHEREAS, on February 29, 2020, 1 issued Proclamation 20-05, proclaiming a State of Emergency for all counties throughout Washington State as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed person -to -person spread of COVID-19 in Washington State; and WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations and our health care system, I have subsequently issued several amendatory proclamations, exercising my emergency powers under RCW 43.06,220 by prohibiting certain activities and waiving and suspending specified laws and regulations, including issuance of Proclamations 20- :25, et seq., which limit Washingtonians' ability to participate in certain activities unless certain conditions are met; and WHEREAS, during early stages of the COVID-19 pandemic, health professionals and epidemiological modeling experts indicated that the spread of COVID-19, if left unchecked, threatened to overwhelm portions of Washington's public and private health-care system; and WHEREAS, to protect some of our most vulnerable populations persons in health care facilities, long-term care facilities (which includes nursing homes), and similar congregate care facilities —and to protect our health and congregate care systems themselves, 1 issued several proclamations imposing heightened protections on workers, residents, and visitors in those facilities; and WHEREAS, although COVID-19 continues as an ongoing and present threat in Washington State, the measures we have taken together as Washingtonians over the past 18 months, including the willingness of most Washingtonians to take advantage of the remarkable, life- saving vaccines being administered throughout the state, have made a difference and have altered the course attic pandemic in fundamental ways; and WHEREAS, after months of improving COVID-19 epidemiological conditions in Washington State, the emergence of highly contagious COVID-19 variants, including the "Delta" variant that is at least twice as transmissible as the virus that emerged in late 2019, coupled with the continued significant numbers of unvaccinated people., have caused COVID- 19 cases and hospitalizations to rise sharply among unvaccinated populations and have resulted in breakthrough infections in some fully vaccinated individuals; and WHEREAS, C( VID-19 vaccines are effective in reducing infection and serious disease, and widespread vaccination is the primary means we have as a state to protect everyone, including persons who cannot be vaccinated for medical reasons, youth who are not eligible to receive a vaccine, immunocompromised individuals, and vulnerable persons including persons in health care facilities, long-term care facilities and other congregate care facilities from. COVID-19 infections; and WHEREAS, widespread vaccination rs also the primary means we have as a state to protect our health care system, to avoid the return of stringent public health measures, and to put the pandemic behind us; and WHEREAS, COVID-19 vaccinations have been available in Washington State from December 2020 to the present, and since April 15, 2021, all Washingtonians over the age of 16 have been eligible to receive free COVID-19 vaccinations from a wide variety of providers at many locations; and WHEREAS, as of August 4, 202.1, nearly 4,4 million Washingtonians, about. 70% of those eligible and 58% of the total population, had initiated their vaccine series, leaving 2.1 million eligible Washingtonians who were unvaccinated; and WHEREAS, according to the U.S. Centers for Disease Control and Prevention (CDC), as of August 1, 2021., approximately 67% of staff in Washington state nursing homes were fully vaccinated; and WHEREAS, healthcare workers face COVID-19 exposures in a variety of healthcare settings, with those involving direct patient care likely at higher risk; and WHEREAS, COVID-19 vaccines are safe and effective. COVID-19 vaccines were evaluated in clinical trials involving tens of thousands of participants and met the U.S. Food & Drug Administration's (FDA) rigorous scientific standards for safety, effectiveness, and manufacturing quality needed to support emergency use authorization; and, to date, more than 346 million doses of COViD-19 vaccines have been given in the United States with 8.2 million of those doses administered in Washington, and serious safety problems and long- term side cffeets tare rare; and WHEREAS, on July 6, 2021, the Office of Legal Counsel of the United State Department of Justice issued a legal opinion stating that federal and state governments were not prohibited by federal law 'from imposing vaccination mandates, even when the only vaccines available are those authorized under the FDA's Emergency Use Authorizations; and. WHEREAS, on July 26, 2021, approximately 60 medical groups, including the American Medical Association, the American College of Physicians, the American Academy of Pediatrics, the American Academy of Family Physicians, the American Nurses Association, the American Academy of Physician Assistants, the Association of Professionals in Infection Control and Epidemiology, the .American Public Health Association, the Infectious Diseases Society of America, LeadingAge, the National Hispanic Medical Association, the National Medical Association, and the Society. of Infectious Disease Pharmacists, issued a memorandum supporting mandatory, universal vaccination of all public and private health care and long-term care workers, noting that such a requirement is the "fulfillment ofthe ethical commitment of all health care workers to put patients as well as residents of long-term care facilities first and take all steps necessary to ensure their health and well-being"; and on August 2, 2021, the Washington State Society of Post -Acute and Long -Term Care Medicine submitted a ietter in support of the above noted July 26, 2021 memorandum; and WHEREAS, on July 15, 2021, the American College of Obstetricians and Gynecologists, together with the Society for Matemal-Fetal. Medicine, posted a formal opinion stating that medical professionals have an ethical obligation to be vaccinated against COVID-19 to prevent the spread of harmful infectious diseases, and that women who are or may become pregnant should be vaccinated against COVID-19; and WHEREAS, it is the duty of every employer to protect the health and safety of employees by establishing and maintaining a healthy and safe work environment and by requiring all employees to comply with health and safety measures; and WHEREAS, state employees live in and provide services to the public in every county in our state, and many interact with the public on a regular basis, and they all interact with some portion of the community at large to varying degrees before and/or after state work hours; and WHEREAS, to further our individual and collective duty to reduce the spread of COVID-1.9 in our communities, I issued Proclamation 21-14 requiring all employees, on -site independent contractors, volunteers, goods and services providers, and appointees of designated state agencies to be fully vaccinated against COVID-19 on or before October 18, 2021; and WHEREAS, child-care settings, K-12 schools, colleges, universities, and community colleges, (collectively. -educational settings") are foundations of Washington's communities and its future, and provide a variety of vital services to students, families, and communities., thereby making providing childcare services and in -person instruction in the fall 2021a priority; and WHEREAS, increasing vaccination rates at educational settings is the strongest protective measure against COVID-I9 available and, together with masking, vital to providing in -person instruction in as safe a manner as possible; and WHEREAS, on July 12„ 2021, 1 issued Proclamation 20-1.2.4 prohibiting institutions of higher education from providing in -person instruction unless the institutions comply with specific requirements related to vaccination, :masking, and operations; and WHEREAS, on July 30, 2021, I issued Proclamation 20-9.4, prohibiting K-12 schools from providing in -person learning unless the schools comply with masking instructions provided by the Department of Health and the. Office of the Superintendent of Public Instruction; and WHEREAS, the sharp increase in COVID-19 cases and hospitalizations, primarily among unvaccinated populations but also in breakthrough infections in sonic fully vaccinated individuals, makes it vital to expand the vaccination requirement to workers in educational settings; and WHEREAS, to provide additional clarity I am extending the prohibition to additional groups and providing additional guidance relating to the vaccination requirement imposed in Proclamation 21..14; and WHEREAS, the worldwide COVID-19 pandemic and its persistence in Washington State continue to threaten the life and health of our people as well as the economy of Washington State, and remain a public disaster affecting life, health, property or the public peace; and WHEREAS, the Washington State Department of Health continues to maintain a Public Health incident Management Team in coordination with the State Emergency Operations Center and other supporting state agencies to manage the public health aspects of the incident; and WHEREAS, the Washington State Military Department Emergency Management Division, through the State Emergency Operations Center, continues coordinating resources across state government to support the Department of 'Health and local health officials in alleviating the impacts to people, property, and infrastructure, a:nd continues coordinating with the state Department of Health in assessing the impacts and long-term effects of th,e incident on Washington State and its people; and NOW, THEREFORE, I, Jay lnslee, Governor of the state of Washington, as a result of the above noted situation., and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim and order that a State of Emergency continues to exist in all counties of Washington State, that Proclamation 20-05, as amended, remains in effect, and that, to help preserve and maintain life, health, property or the public peace pursuant to RCW 43.06.220(1)(4 and (3), I hereby amend and supersede the prohibitions in 20-1.4 as set out below, subject to the conditions, exceptions, and circumstances also set forth below, for the following activities: 1. Prohibitions. This order prohibits the following: a. Any Worker from engaging in work for a State Agency after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19; b. Any State Agency from permitting any Worker to engage in work for the agency after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19 and provided. proof thereof as required below; c. Any Worker from engaging in work for the operator of an Educational Setting after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19; d. Any operator of an Educational Setting from permitting a Worker to engage in work for the operator after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19 and provided proof thereof as required below; 4 e. Any Health Care Provider from failing to be fully vaccinated against COVID-19 after October 18„ 2021; and . Any operator of a Health Care Setting from paimittin.g a Health Care Provider to engage in work for the operator as an employee, contractor, or volunteer in their capacity as a Health Care Provider after October 18, 2021 if the .Health Care Provider has not been fully vaccinated against COVID-I9 and provided proof thereof as required below. Providers who do not work in a Health Care Setting must provide proof of vaccination to the operator of the facility in which the Provider works, if any, or, if requested, to a lawful authority. A lawful authority includes, but is not 'limited to, law enforcement, local health jurisdictions, and the state Department of Health. 2. Exemptions from Vaccine Requirement. a. Disability and Religious Accommodations • Workers for State Agencies, Workers for operators of Educational Settings, and Health Care Providers are not required to get vaccinated against COVID-19 under this Order if they are 'unable to do so because of a disability or if the requirement to do so conflicts with their sincerely held religious beliefs, practice, or observance. Workers for State Agencies, Workers for operators of Educational Settings, and Health Care Providers are prohibited from claiming an exemption or accommodation on false, misleading, or dishonest grounds, including by providing false, misleading, or dishonest information to a State Agency, operator of an Educational Setting, or operator o.f a. Health Care Setting when seeking an accommodati.on. In implementing the requirements of this Order, State Agencies, operators of Educational Settings, and operators of Health Care Settings: o Must ,provide any disability -related reasonable accommodations and sincerely held religious belief accommodations to the requirements of this Order that are required under the Americans with Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973 (Rehabilitation Act), Title VII of the Civil Rights Act of 1964 (Title VII), the Washington Law Against Discrimination (WLAD), and any other applicable law. As provided in the above - noted laws, State Agencies, operators of Educational Settings, and operators of Health Care Settings are not required to provide accommodations if they would cause undue hardship. o Must comply with the procedures required under the above -noted laws and any other applicable law when considering and deciding whether to provide accommodations; o Must, to the extent permitted by law, before providing a disability - related reasonable accommodation to the requirements of this order, obtain from the individual. requesting the accommodation documentation from an appropriate health care or rehabilitation professional stating that the individual has a disability that 5 necessitates an accommodation and the probable duration of the need for the accommodation; o Must, to the extent permitted by law, before providing a sincerely held religious belief accommodation to the requirements of this Order, document that the request for an accommodation has been made and include a statement in the document explaining the way in which the requirements of this order conflict with the sincerely held religious belief, practice, or observance of the individual; o Must, to the extent permitted by law, require an individual who receives anaccommodation to take COVID-19 safety measures that are consistent with the recommendations of the state Department of Health for the setting in which the individual works; and o Are prohibited from providing accommodations: • That they know are based on false, misleading, or dishonest grounds or .information; • That they know are based on the personal preference of the individual and not on an inability to get vaccinated because of a disability or a conflict with a sincerely held religious belief, practice, or observance; or Without conducting an individualized assessment and determination. of each individual's need and justification for an accommodation; i.e., "rubberstamping" accommodation requests. c. Any individual who is unable to get fully vaccinated against COVID-19 by October 18, 2021 due to thc requirements of their participation in a COV1D-19 vaccine clinical trial is exempt from this Order. Any such individual who is a Worker for a State Agency or a Worker for an operator of an Educational Setting must provide documentary proof of their participation in the COVID-19 vaccine clinical trial to any State Agency or operator of an Educational Setting for which they engage in work. Any such individual who is a Health Care Provider must provide documentary proof of their participation in the COVID-19 vaccine clinical trial to any operator of a Health Care Setting for which they engage in work as an employee,contractor, or volunteer in their capacity as a Health Care Provider. A State Agency, operator of an Educational Setting, or operator of a Health. Care Setting is prohibited from permitting any such individual to engage in work for them after October 18, 2021 if the individual fails to provide such proof. d. Individuals who are too young to receive any COVID-19 vaccine, as authorized for emergency use, licensed, or otherwise approved by the FDA, are exempt. from this Order. Any individual who becomes old enough to receive any COVID-I 9 vaccine, as authorized for emergency use, licensed, or otherwise approved by the FDA, while this Order is in effect must come into compliance with the requirements of this Order within 60 days of the day they became eligible. Any State Agency, operator of an Educational Setting, or operator of a Health Care Setting for which such an individual engages in work must also come into. 6 compliance with the requirements of this Order with respect to the individualby that deadline. Proof of Full Vaccination Against COVID-19: a. Where required above. Workers for State Agencies, Workers for operators of Educational Settings, and :Health Care Providers must provide proof of full vaccination against COV1D-19 by providing one of the following: • CDC COVID-I 9 Vaccination Record Card or photo of the card; • Documentation of vaccination from a health care provider or electronic health record; • State immunization information system record: or • For an individual who was vaccinated outside of the United States, a reasonable equivalent of any of the above. b. A State Agency, operator of an Educational Setting, or an operator of a Health Care Setting must obtain a copy of or visually observe proof of full vaccination. against COVID-19 for every individual who is engaged in work for them and required to provide such proof under this Order. c. Personal attestation is not an acceptable form of verification of COVID-19 vaccination. 4. Election to Require Employers of Contractors to Assume Responsibility for Vaccination Verification and Accommodation_Requirements a. Notwithstanding anything to the contrary in this Order, a State Agency, an operator of an Educational Setting, or an operator of Health Care Setting may elect to require the employer of a contractor who is subject to this Order to assume responsibility for the vaccination verification and accommodations requirements in this Order. This election may be made with :respect to any or all of an employer's. contractor -employees who are subject to this Order. b. If such an election is made. after October 1.8, 2021, the employer's contractor - employees are prohibited from engaging in work for the State Agency, operator of the Educational Setting, or operator of the Health Care Setting, and the State Agency, operator of the Educational Setting, or operator of the Health Care Setting is prohibited from permitting such employee to engage in work for them, unless the following requirements are met: • By October 18, 2021., the employer must obtain a copy of or visually observe proof of full vaccination against COVID-19 for every current employee who is subject to the vaccination requirement in this Order; • The employer must obtain a copy of or visually observe proof of full vaccination against COVID-19 for every employee hired after October I • , 2021 who is subject to the vaccination requirement in this Order; The employer must follow the requirements for granting disability and religious accommodations to its current and future employees that apply to State Agencies, operators of Educational Settings, and operators of Health Care Settings under this Order; • By October 18, 2021, the employer must submit to the State Agency, operator of the. Educational Setting, or operator of the Health Care Setting 7 a signed declaration in substantially the form prescribed in RCW 5.50.050 declaring that the employer has met the above requirements; The employer -must submit additional signed declarations upon the request of and. by the date designated by the State Agency, operator of the Educational. Setting, or operator of the Health Care Setting; • If an. employer is also a contractor subject to this Order, the employer must include in their declaration that the employer is fully vaccinated against COVID-19 or is unable to get vaccinated because of a disability or a conflict between the vaccination requirement and their sincerely held religious beliefs, practice, or observance, as applicable; and • The employer must cooperate with any investigation or inquiry the State Agency, operator of the Educational Setting, or operator of the Health Care Setting makes into the employer's compliance with these requirements, including by providing information and records upon request, except any information or records that the employer is prohibited by law from disclosing. c. Any State Agency, operator of an Educational Setting, or operator of Health Care Setting who makes the election above retains the right to investigate or inquire into the employer's compliance with the above requirements, to obtain proof of vaccination directly from any contractor -employee, and to withdraw the election in whole or in part at any time. 5. Public and Private Entities and Employers May Exceed These R.equire ents: Nothing in this order prohibits State Agencies, operators of Education.al Settings, and operators of Health Care Settings from implementing requirements that exceed the requirements of this Order, 6. Definitions. a. "Worker": • "Worker" includes: • A person engaged to work as an employee, on-sitevolunteer, or on - site contractor for a State Agency, an operator of an Educational Setting, or an operator of a Health. Care Setting, as applicable; • The director, secretary, or other executive officer of a State Agency; and • A person appointed to serve on a board, commission, or similar body that is an executive cabinet agency listed at littps://www.00vernor.wa. ov/office- ovemor/office/executive- cabinet or a small cabinet agency listed at hups://www,govemorma.goviofficegovemor/office/stnall-cabinet, the State Board for Community and Technical Colleges, a board of trustees for a community or technical college, or a governing board of a four-year institution of higher education. • The following exceptions apply to the definition of "Worker": • Visitors and patrons are not Workers.. • In Educational Settings: 8 o Students of, persons attending, and persons receiving services at or from an Educational Setting are not Workers. o On -site contractors are not Workers if they do not work in places where students or persons receiving services are present, o Family, friend, and neighbor (FFN) child care providers are not Workers. • For any State Agency that is listed as an agency under the authority of a board, council, or commission at https://ofm.wa.gov/sites/defaultifi les/public/publications/202 l_State Org Chart.pdf and that is not also listed as an executive cabinet agency at https://www.govemor.wa.govloffice- govemor/office/executive-cabinet or a small cabinet agency at. s://www.00vernor..-wa... ovioffi.ceoovemor/office/small-ca.binet, other than the State Board for Community and Technical Colleges, the boards of trustees for community and technical colleges, and the governing boards of four-year institutions of higher education, only the State Agency's compensated employees are "Workers" subject to the requirements of this proclamation. b. "'Contractor" includes any person who provides goods, services, or public works services pursuant to a contract with another person or entity, including, for purposes of this Order, a State Agency, an operator of an Educational Setting, or an operator of a Health Care Setting. The term includes subcontractors. The term does not include parties to a lease or rental agreement, unless the agreement requires a party to provide services, in which case only the persons who provide those services are "contractors." c. "Contract" is defined as provided under Washington law. Generally, a contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty, regardless of the particular form, title, or description is not relevant. d.. "Health Care Provider" includes: • Individuals with credentials listed in the Healthcare Professional Credentialing Requirements list; • Individuals who are permitted by law to provide health care services in a professional capacity without holding a credential.; • Long-term care workers unless specifically excluded in this order; and • Workers in any Health Care Setting, as defined herein. "Health Care Provider" does not include, for purposesof this order: • Individual providers, as defined. in RCW 74.39A..240; • Individuals who provide only personal care services, as defined in RCW 74.39A.009(24), in people's homes; • Providers who are not actively practicing or providing services; and Providers who provide services only at one or more of the settings that are expressly excluded from the list of Health Care Settings under this order. c. "Health Care Setting" is any public or private setting that is primarily used for the delivery of in -person health care services to people, except as specifically exempted below. If located at a facility that is primarily used for the delivery of health-care services, such as a hospital, then the entire facility is a Health Care Setting. If located at a facility that is primarily used for another purpose, such as a pharmacy within a grocery store, school nurse's office, or vaccination clinic within a business establishment., the Health Care Setting includes only the areas that are primarily used for the delivery of health care, but not the other areas of the facility. "Health Care Setting" includes, but is not limited to: • Acute care facilities, including, but not limited to, hospitals • Long-term acute care facilities; • Inpatient rehabilitation facilities; • Inpatient behavioral. health facilities, inci.udi.ng, but not limited to, evaluation and treatment facilities, residential. treatment facilities, secure detox facilities; • Residential long-term care facil.ities, including, but not limited to, nursing homes, assisted living facilities, adult family homes, settings where certified communityresidential services and supports are provided, and enhanced services facilities; • Mobile clinics or other vehicles where health care is delivered; • Outpatient facilities, including, but not limited to, dialysis centers, physician offices, and behavioral. health facilities (including offices of psychiatrists, mental health counselors, and substance use disorder professionals); • Dental and dental specialty facilities; • Pharmacies (not including the retail areas); • Massage therapy offices (this includes designated areas where massage is administered within non -health care settings like spas and wellness/fitness centers); • Chiropractic offices; • Midwifery practices and stand-alone birth centers; • Isolation and/or quarantine facilities; • Ambulatory surgical facilities; • Urgent care centers; and • Hospice care centers. "Health Care Setting" does not include: • Settings where sports and spectator events or other gatherings are held (including when credentialed athletic trainers are providing care to players), other than areas primarily used for the delivery of health care 10 services, such as designated first aid areas (which are Health Care Settings); • Department of Children, Youth & Families (DCYF)-licensed foster homes that do not primarily provide health care services; • Research facilities where no health care is delivered to people; • Veterinary health care settings; • Animal control agencies; and • Non-profit humane societies. d. "State Agency" includes: • Every agency listed at https://www.governor.wa„gov/officegovernor/oftice/executiv--cabinet; Every agency listed at httpstWww.governor.wa.gov/officegovemor/officelsmall-cabinet; and • Every agency under the authority of a board, council, or commission listed at https://ofin.wa.gov/sites/defauttJfilesfpu.blic/publications/2021_Statc Org Ch art.pdf. e. "Educational Setting" includes: • All public and private universities, colleges, community colleges, and technical colleges and private career/vocational schools subject to licensure by the Workforce Training & Education Coordinating Board; • All. public schools, public school districts, charter schools, private schools, educational service districts, the Washington School for the Deaf, the Washington State School for the Blind, and the Washington Youth Academy; and • All early learning and child .care programs serving groups of children from multiple :households, including, but not limited to, Early Childhood Education and Assistance Programs, Family Home Child Care, Child Care Centers, Outdoor, Nature -based Child Care, School -aged Child Care, license -exempt preschools, and ficense-exempt youth development programs (e.g., municipal parks & recreation programs, YMCA, Boys & Girls Clubs). e. "Fully Vaccinated against COVID-I 9": A person is fully vaccinated against COVID-I9 two weeks after they have received the second dose in a two -dose series of a COVID-19 vaccine (e.g., Pfizer-BioNTech or Modema) or a single - dose COVID-19 vaccine(:e.g., Johnson & Johnson (J&J)/Janssen) authorized for emergency use, licensed, or otherwise approved by the, FDA or listed for emergency use or otherwise approved by the World Health Organization. "On -site volunteer" and "on -site contractor" includes: • A volunteer or contractor who is reasonably likely or contractually obligated to engage in or in fact engages in work while physically present at a building, facility, jobsite, project site, unit, or other defined 11 area owned, leased, occupied by, or controlled by a State Agency, an operator of an Educational Setting, or an operator of a Health Care Setting. "On -site volunteer" and "on -site contractor" does not include: • A volunteer or contractor who is reasonably likely or contractually obligated to engage in or in fact engages in work during which they are physically present at a site for only a short period of time and any moments of close physical proximity to others on site are fleeting. Examples include contractors delivering supplies by truck to a construction site where they remain physically distanced from others on the site or a driver for a contracted shipping and delivery service briefly entering a site to pick up parcels for shipping. g"Operator of an Educational Setting" and "operator of a Health Care Setting" do not include clients, patients, patrons, customers, or similar individuals served by Worker for a State Agency, Worker for an Educational, Setting, or Health Care Provider. ADDITIONALLY, the specific prohibitions in this Proclamation are severable and do not apply to the extent that compliance with a prohibition would violate (1.) any U.S. or Washington constitutional provision; (2) federal statutes or regulations; (3) any conditions that apply to the state's receipt offederal funding; (4) state statutes; or (5) applicable orders from any court of competent jurisdiction. ADDITIONALLY, nothing in this Proclamation limits otherwise applicable requirements related to personal protective equipment, personnel training, and infection control policies and procedures. I. again direct that the plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented throughout state government. State agencies and departments are directed to continue utilizing state resources and doing everything reasonably possible to support implementation of the Washington State Comprehensive Emergency Management Plan and to assist affected 'political subdivisions in an effort to respond to and recover from the COVID- 1 9 pandemic. I continue to order into active state service the organized militia of Washington State to include the National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The Adjutant General to address the circumstances described above, to perform such duties as directed by competent authority of the Washington State Military Department in addressing the outbreak. Additionally, 1 continue to direct the Department of Health, the Washington State Military Department Emergency Management Division, and other agencies to identify and provide appropriate personnel for conducting necessary and ongoing incident related assessments. 12 Violators of this order may be subject to criminal penalties pursuant to ROW 43.06.220(5). Further, if people fail to comply with the required facial coverings, social distancing and other protective measures while engaging in this phased reopening. I may be forced to reinstate the prohibitions established in earlier proclamations. This order is effective immediately. Unless extended or amended, upon expiration or termination of this amendatory proclamation the provisions of Proclamation 2025,-et seq., will continue to be in effect until the state of emergency, issued on February 29, 2020, pursuant to Proclamation 2005,-is rescinded, Signed and sealed with the official scat of the state of Washington on this 20th day of August, A.D.. Two Thousand and Twenty-Orie at Olympia, Washington. By: Jay Inslee, Governor BY THE GOVERNOR: Secretary of State Signed Nerve Date