HomeMy WebLinkAbout11/05/2013 14 2014-2015 YPPA Collective Bargaining Agreement (Police Officers and Sergeants)BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: 11/5/2013
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ITEM TITLE: Resolution authorizing Yakima Police Patrolman's
Association (YPPA) Collective Bargaining Agreement for
2014-2015.
SUBMITTED BY: Tony O'Rourke, City Manager
Cheryl Ann Mattia, Human Resource Manager
SUMMARY EXPLANATION:
A resolution authorizing ratification of a 2 -year collective bargaining agreement between the City
and Yakima Police Patrolman's Association (YPPA) for 2014-2015. The contract represents
good faith and collaborative negotiations between the parties. The settlement package
is highlighted below.
YPPA 2014-2015
0% Pay Raise for 2014 and 2015. In the past 10 years, the average annual YPPA pay increase
was 3.9%.
Increases per diem for out of town travel/training from $40 to $45 per day effective 1/1/2015.
Increases timeline for completion of internal investigations.
Resolution: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Amount:
Ordinance:
Item Budgeted:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Adopt Resolution executing the 2014 2015 YPPA CBA
ATTACHMENTS:
Description
YPPA CBA resolution
YPPA CBA 2014-2015
Upload Date
10/29/2013
10/29/2013
Type
Cover Memo
Contract
RESOLUTION NO. R -2013-
A RESOLUTION authorizing and directing the City Manager to execute a collective
bargaining agreement for January 1, 2014 — December 31, 2015 with
the Yakima Police Patrolmans Association (YPPA) representing the
Yakima Police Officers and Sergeants bargaining unit.
WHEREAS, pursuant to requirements of state law, labor negotiations have occurred
between the City and Yakima Police Officer and Sergeants represented by YPPA resulting
in the attached proposed collective bargaining agreement for 2014 - 2015; and
WHEREAS, the YPPA and City of Yakima negotiated in good faith to reach the
proposed collective bargaining agreement; and
WHEREAS, the members have voted in favor of the attached proposed collective
bargaining agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City
of Yakima to settle collective bargaining in accordance with the terms and conditions of the
attached collective bargaining agreement, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute
the attached and incorporated Collective Bargaining Agreement between the City of Yakima
and the Yakima Police Patrolmans Association.
ADOPTED BY THE CITY COUNCIL this 51h day of November 2013.
Micah Cawley, Mayor
ATTEST:
City Clerk
COLLECTIVE BARGAINING AGREEMENT
by and between
CITY OF YAKIMA
and
YAKIMA POLICE PATROLMANS ASSOCIATION
Effective January 1, 2014 through December 31, 2015
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT
ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES
ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS
ARTICLE 4 - ASSOCIATION SECURITY
ARTICLE 5 - NON-DISCRIMINATION
ARTICLE 6 - COLLECTIVE BARGAINING
ARTICLE 7 - GRIEVANCE PROCEDURE
ARTICLE 8 - UNION LEAVE
ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT
ARTICLE 10 - MANAGEMENT RIGHTS
3
3
4
4
5
5
6
8
9
10
ARTICLE 11 - EMPLOYEES' RIGHTS
ARTICLE 12 - WAGES
ARTICLE 13 - SHIFT HOURS
ARTICLE 14 - VACATIONS
ARTICLE 15 - SENIORITY SYSTEM
11
14
17
18
19
ARTICLE 16 - HOLIDAY ASSIGNMENT
ARTICLE 17 - HOLIDAYS WITH PAY
ARTICLE 18 - UNIFORM CLEANING AND ISSUE
20
20
21
22
22
ARTICLE 19 - PLAINCLOTHES CLOTHING ALLOWANCE
ARTICLE 20 - LIFE INSURANCE
ARTICLE 21 - HEALTH INSURANCE
22
23
24
25
29
ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE
ARTICLE 23 - DIFFERENTIAL PAY
ARTICLE 24 - SICK LEAVE
ARTICLE 25 - TRANSPORTATION
ARTICLE 26 - TRAVEL AND TRAINING TIME
29
30
30
30
31
ARTICLE 27 - GENERAL, SPECIAL AND PERSONNEL ORDERS
ARTICLE 28 - ADVANCE NOTICE OF SHIFT CHANGE
ARTICLE 29 - IMPROVED PERFORMANCE AND EFFICIENCY
ARTICLE 30 - SAVINGS CLAUSE
ARTICLE 31 - WITNESS -CIVIL SERVICE BOARD
ARTICLE 32 - PHYSICAL FITNESS
31
31
31
32
32
ARTICLE 33 - DEFERRED COMPENSATION
ARTICLE 34 - MILITARY & CIVIL LEAVE
ARTICLE 35 - OFF-DUTY EMPLOYMENT
ARTICLE 36 - LAYOFFS
ARTICLE 37 - DURATION
33
34
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF YAKIMA AND
YAKIMA POLICE PATROLMANS ASSOCIATION
THIS AGREEMENT, is made and entered into by and between the City of Yakima, Washington,
hereinafter called the City, and the Yakima Police Patrolmans Association, hereinafter called the
Association.
WITNESSETH:
WHEREAS, Chapter 41.56 of the Revised Code of Washington (hereinafter RCW 41.56) contemplates
the execution of collective bargaining agreements between cities and collective bargaining
representatives of government employees, the intent and purpose of such chapter being the promotion
of the continued improvement of the relationship between the public employers and their employees by
providing a uniform basis for implementing the right of employees to join labor organizations of their
own choosing and to be represented by such organizations in matters concerning their employment
relations with public employers, and
WHEREAS, the parties to this agreement recognize that benefits accrue to employees of the City by
virtue of their Association membership, and that the best interests of the government and people of the
City of Yakima are served by the City's official recognition of the Association,
NOW, THEREFORE, pursuant to RCW 41.56, and in accordance with the intent and purpose thereof,
and for the purpose of promoting the morale, well-being and security of the employees of the Yakima
Police Department represented by the Association, and for the purpose of promoting the general
efficiency of the government of the City of Yakima, the parties hereto agree as follows:
ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT
The City hereby recognizes the Association as the exclusive bargaining representative of employees
within the bargaining unit, which consists of all full-time regular police officers, including
probationary police officers, of the Yakima Police Department except those persons appointed to
positions above the rank of Sergeant.
ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES
Collective bargaining between the parties shall be carried out by the City Manager, or his designates,
on behalf of the City Council, and a person or persons representing the Association. The Secretary of
the Association shall notify the City Manager in writing of the names of the person or persons
representing the Association for collective bargaining purposes and the City Manager shall notify the
Association of his designates in a similar manner.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS
Section 1 - Association Membership. Each employee within the bargaining unit is eligible to become
and remain an Association member. However, active Association membership shall not be open to
those employees of the Yakima Police Department permanently appointed to the positions excepted
from the bargaining unit by Article 1 of this Agreement. In the event an Association member is
permanently appointed to any position excepted from the bargaining unit, active Association
membership shall thereupon be closed to him and he shall immediately discontinue active Association
membership.
Section 2 - Payroll Deductions. The City agrees to deduct Association membership fees, dues and
other assessments by the Association against its members within the bargaining unit from the pay of
those members who authorize the City to do so in writing. The Secretary of the Association shall
forward signed authorization cards to the Finance Officer of the City setting forth the amounts to be
deducted from the pay of each such person. The City shall transmit to the Treasurer of the Association
the aggregate of such deductions during each calendar month, together with an itemized statement, on
or before the 20th day of each month following the month for which such deductions are made. In the
event the City receives a written notice, signed by any person from whose pay such deductions are
being made, that no further deductions are to be made, the City shall make no such deductions from
any pay earned by that person after receipt by the City of such notice. The City shall notify the
Secretary of the Association of all such notices received by the City, which notification to the
Association shall be given in writing no later than the next working day after the receipt of such notice
by the City and shall include the name of the person involved. The Association agrees to defend, at the
expense of the Association, any claim, allegation, cause of action, or lawsuit against the City arising
from the above cited deductions or the transmittal of such deductions to the Association, except one
brought by the Association for failure of the City to comply with the terms of the Agreement.
ARTICLE 4 - ASSOCIATION SECURITY
It shall be a condition of employment that all employees covered by this Agreement who are members
of the Association in good standing on the effective date of this Agreement shall remain members in
good standing. It shall also be a condition of employment that all employees covered by this
Agreement and hired on or after its effective date shall, on or before the thirty-first (31st) day
following the beginning of such employment, become and remain members in good standing of the
Association.
All employees covered by this Agreement, except new employees during the first thirty-one (31) days
of their employment, shall be required to be and remain members in good standing of the Association.
The City shall discharge any employees as to whom the Association, through its authorized
representative, delivers to the City a written notice that such employee is not in good standing in
conformity with this Article. Upon receipt of a notice requesting termination of an employee who has
not become or remained a member in good standing of the Association, the City shall immediately
notify such employee that if he has not complied with the Association membership requirements of
this Agreement within fifteen (15) days, his employment shall automatically be terminated. The
Association agrees to withdraw any letter of termination if the employee, in respect to whom such
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
letter has been served, shall complete his membership requirements within the time limit specified
heretofore.
Any employee having objections to Association membership, based on bona fide religious tenets or
teachings of a church or religious body of which he is a member, shall pay an amount of money
equivalent to regular Association dues and initiation fees to a non -religious charity or to another
charitable organization mutually agreed upon by the objecting employee and the Association. Written
proof of payment shall be given to the authorized representative of the Association.
If an employee for any reason does not wish to be a member of the Association, that employee shall
proportionately and fairly share in the cost of the collective bargaining process. Therefore, the cost for
such bargaining unit member shall be fixed proportionately at the amount of dues uniformly required
of each member of the bargaining unit to defray the cost of services rendered in negotiating and
administering this Agreement. Payment of a maintenance fee in this amount shall be in lieu of another
obligation under this Article.
Indemnification. The Association shall indemnify, defend, and hold the Employer harmless from all
suits, actions, proceedings and claims against the City or persons acting on behalf of the Employer,
whether for damages, compensation, reinstatement or any combination thereof arising from the sole
application of this Article of this Agreement. In the event that any part of Article III shall be declared
invalid or that all or any portion of the monthly service fee must be refunded to any non-member, the
Association and its members shall be solely responsible for such reimbursement.
ARTICLE 5 - NON-DISCRIMINATION
It is the policy of the City of Yakima and the Association not to discriminate against any employees or
applicants for employment because of race, color, religion, age, sex, physical, mental, or emotional
handicap or national origin. It is not the intent of management to lower employment standards or hire
individuals incapable of performing the required tasks of the job classification.
Nothing in this section shall prohibit the City from establishing bona fide occupational qualifications.
ARTICLE 6 - COLLECTIVE BARGAINING
Section 1. All matters pertaining to wages, hours and working conditions, except as otherwise
provided in this Agreement, shall be established through the negotiation procedure.
Section 2. The Association shall submit to the City Manager and the City Manager shall submit to the
Association a written proposal for any changes in matter pertaining to wages, hours, or working
conditions desired for the successor contract. The written proposals of the Association shall be
submitted no later than the first business day of July of the last year of the agreement and the City's
proposal shall be submitted within ten (10) business days of receipt of the Association's proposal. The
Association's receipt of the City's proposal shall be considered the formal commencement of
negotiations. The Association and the City shall follow the collective bargaining procedure set forth in
RCW 41.56, unless they mutually agree to waive said procedure in whole or in part.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
Commencement of mediation or arbitration as therein provided shall not prevent the parties from
entering into negotiations seeking to resolve any differences during the pendency of mediation or
arbitration. Any agreements reached during such negotiations shall be reported to the appropriate
panel, and thereafter shall not be considered by said panel.
All agreements reached not otherwise included in this Collective Bargaining Agreement shall be
reduced to writing in a separate Memorandum of Agreement which shall be signed by the City
Manager or his designee and the Association's representative.
Section 3. One copy of the preliminary City Budget for each year shall be delivered to the Association
or the Association shall be given written notice where it may obtain same, as soon as said preliminary
budget is printed. One copy of the adopted annual budget shall be delivered to the Association or the
Association shall be given written notice where it may obtain same as soon as the adopted annual
budget is printed.
ARTICLE 7 - GRIEVANCE PROCEDURE
Section 1 - Policy. The parties recognize that the most effective accomplishment of the work of the
City requires prompt consideration and equitable adjustments of employee grievances. It is the desire
of the parties to adjust grievances informally whenever possible, and both supervisors and employees
are expected to make every effort to resolve problems as they arise. However, it is recognized that
there may be grievances which can be resolved only after a formal review. Accordingly, the following
procedure is hereby established in order that grievances of employees covered by this agreement may
be resolved as fairly and expeditiously as possible.
Section 2 - Grievance Defined. A grievance is a dispute involving the interpretation, application or
alleged violation of any specific provisions of this Collective Bargaining Agreement
Section 3 - Special Provisions.
(a) To be reviewable under this procedure, a grievance must be filed in writing within thirty
(30) calendar days after the action or decision giving rise to the grievance.
(b) The term "employee" as used in this Article shall mean the Association, individual
employee, or group of employees, accompanied by a representative if so desired.
(c) An Association officer and/or aggrieved party shall be granted time off without loss of
pay for the purpose of processing a grievance.
(d) The Association may initiate or process grievances with or without the consent of an
individual employee.
(e) A grievance may be entertained in or advanced to any step in the grievance procedure if
the parties so jointly agree. In the event the grievance relates to discipline greater than a
verbal reprimand, the parties agree to forego the initial steps and file the grievance
directly with the Chief of Police.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
(f) The time limits within which action must be taken or a decision made as specified in
this procedure may be extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed by both parties
involved at the step to be extended. Failure of either party to meet the time limit or
extended time limit for responses or appeals shall render the decision in favor of the
other party.
(g)
Any grievance shall be considered settled at the completion of any steps if all parties are
satisfied or if neither party presents the matter to a higher authority within the
prescribed period of time. If the grievance is not appealed as prescribed the issues shall
be deemed withdrawn.
(h) If an employee seeks a Civil Service Remedy then said employee waives all rights to
use the grievance procedure. If an employee uses the grievance procedure then said
employee waives all rights to use the Civil Service Procedures. No later than the
thirtieth (30th) calendar day after the action or decision giving rise to the grievance, the
employee must make an election of remedies as set forth in this section.
Section 4 - Procedure.
(a) Written Grievance to Division Commander. Within thirty (30) calendar days after an
employee has been made reasonably aware of a wrongful act charged, an employee
shall first reduce his grievance to writing and discuss it with his Division Commander.
Said Commander or Designee shall make an investigation of the relevant facts and
circumstances of the complaint and provide a written decision, and the reasons
therefore, within thirty (30) calendar days. If the grievance is delegated to a designee,
such designation shall be acknowledged in the written response.
(b) Grievance Appealed to Police Chief. An employee who is dissatisfied with the decision
of the Division Commander may submit the grievance in writing within ten (10)
calendar days to the Police Chief. In the event the grievance begins with the Police
Chief, the employee must file the grievance in writing within thirty (30) calendar days
after the action or decision giving rise to the grievance. The Police Chief or Designee
shall make a separate investigation and notify the employee in writing of his decision,
and the reasons therefore, within thirty (30) calendar days after receipt of the
employee's grievance. If the grievance is delegated to a designee, such designation
shall be acknowledged in the written response.
(c) Grievance Appealed to City Manager. An employee who is dissatisfied with the
decision of the Chief of Police may request a review by the City Manager by submitting
a written request to him. Such request shall be submitted within ten (10) calendar days
after receipt of the decision from the Chief of the Police. The City Manager or
Designee shall make a separate investigation and notify the Employee in writing of his
decision, and the reasons therefore, within forty-five (45) calendar days. If the
grievance is delegated to a designee, such designation shall be acknowledged in the
written response.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
(d) Arbitration. The Association shall notify the City Manager within fourty-five (45)
calendar days of the date the City Manager issues his decision in Section 7(4)(c) of this
Collective Bargaining Agreement if the Association desires to submit the grievance to
arbitration as the final step in the grievance procedure. In the event the parties are
unable to mutually agree upon an arbitrator, either party may request a list for thirteen
(13) qualified arbitrators according to the following procedure: the parties shall attempt
to agree as to whether the Public Employment Relations Commission, the Federal
Mediation and Conciliation Service, or the American Arbitration Association will
supply the list. If no agreement is reached, the list shall be requested from the Public
Employment Relations Commission. The parties shall select an arbitrator from the
applicable list by mutually agreeing to an arbitrator or by alternately striking names.
The parties shall flip a coin to decide who starts the striking process. The final name
left on this list shall be the arbitrator. The arbitrator's decision shall be final and binding
but the arbitrator shall have no power to alter, modify, add to or subtract from the terms
of this agreement. The cost of the arbitrator shall be borne equally between the City
and the Association. The City and the Association will pay their own remaining costs
of arbitration, including attorneys' fees, regardless of the outcome.
ARTICLE 8 — UNION LEAVE
Section 1 — Business Leave
(a) Members representing the Association, not exceeding three (3) in number, shall be granted leave
from duty without any loss of pay during the pre -impasse period as provided in RCW 41.56, for all
meetings between the City and the Association for the purpose of negotiating the terms of a contract
and/or attendance at mediation, when such meetings take place at a time during which any such
members are scheduled to be on duty.
(b) Members representing the Association, not exceeding three (3) in number, shall be granted leave
from duty without any loss of pay during the post -impasse period as provided in RCW 41.56, for
meetings between the City and the Association for purposes of interest arbitration hearings when such
activities take place at a time during which any such members are scheduled to be on duty.
(c) Such officers and members of the Association as may be designated by the Association, not to
exceed two (2) in number at any one time, shall be granted leave from duty with pay for Association
business, such as attending labor conventions and educational conferences regarding collective
bargaining, provided that notice of such conventions or conferences shall be given at least three (3)
weeks prior thereto to Chief of the Police Department, and provided further that the total leave for the
entire bargaining unit for the purposes set forth in this section shall not exceed fifteen (15) days in any
fiscal year.
(d) Officers and members of the Association on business leave, either paid or unpaid, will list the date,
place and nature or reason for leave on forms required by the Chief of Police, to enable the Chief to
verify the legitimacy of such absence.
Section 2 — City owned Equipment and Supplies
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
An Executive Board Member may utilize city owned/operated equipment to communicate with the
Association and/or Management for the exclusive purpose of administration of this Agreement. Such
use will:
1. Comply with the City of Yakima, Computer Use Policy — ADM 620
2. Result in little or no cost to the City;
3. Not interfere with the performance of their official duties;
4. Not distract from the conduct of City business;
5. Not disrupt other City employees and will not obligate other employees to make a
personal use of City resources;
6. Not compromise the security or integrity of city information or software; and
7. Not include the making of long distance telephone calls, except by the use of a personal
calling card during a break.
8. Limited use of printer and copiers
The Association, its members and its Executive Board Members will not use City equipment for
Association organizing or advocating for or against the Association in an election.
Section 3 —Meetings
Executive Board Members may be released during normal working hours to attend meetings scheduled
for the following:
a. Grievance meetings, including attempts at informal resolution;
b. Investigatory interviews in according with Article 11, Employee Rights;
c. Pre -disciplinary and disciplinary meetings;
d. Other hearings and meetings related to contract administration.
Section 4 - Authorized Work Time
Executive Board Members shall be allowed release time while on duty to discuss grievances and/or
disciplinary matters with Association members, provided that such discussion does not unreasonably
interfere with the work and duties of the employees involved and provided the Board Member will
notify his/her supervisor and receive prior approval, which shall not be unreasonably denied.
Section 5 - Identification of Executive Board Members
The Union will provide the Chief and the Human Resources Office with a written list of current
Executive Board Members. The Union will notify the Chief and Human Resources of any and all
changes of Executive Board Members within ten (10) calendar days of the change. The Employer will
not recognize an employee if his/her name does not appear on the list.
ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT
To assist the City during the term of contract negotiations, the Association Chairman, if a member of
the negotiating committee, shall be assigned to an appropriate day shift. During the balance of the
term of the contract the Association shall submit to the Chief of Police a list of not less than three (3)
names of members (which may include the Chairman), authorized to handle a grievance, and the Chief
shall schedule at least one (1) of these on an appropriate day shift.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
ARTICLE 10 - MANAGEMENT RIGHTS
The City recognizes that the exercise of management rights shall not conflict with specific provisions
of this agreement. The Association recognizes the exclusive right and prerogative of the City to make
and implement decisions with respect to the operation and management of the Police Department.
Such rights and prerogatives include, but are not limited to, the following:
(1) Establish, plan for, and direct the work force toward the goals of the City with regard to
police services.
(2) Determine the organization, and the merits, necessity and level of activity or service
provided to the public.
(3)
(4)
Determine the City budget and financial policies including accounting procedures.
Determine the procedures and standards for hiring and promotion consistent with Civil
Service rules and regulations and the City Charter. However, if the Employer seeks to
change Civil Service rules, then the parties will bargain about those changes.
(5) Determine and direct transfers and assignments of personnel to and from different
duties, responsibilities and/or Departments.
(6) Decision to lay off personnel due to lack of work, lack of funds or reorganization.
(7) Discipline personnel for just cause.
(8) Determine and direct the retention or discontinuance of positions and classifications.
(9) Determine job descriptions, duties of personnel and job classifications.
(10) Determine the methods, means, equipment, numbers and kinds of personnel necessary
to effectively and efficiently provide police and related services to the public.
(11) Determine and change the number and locations and types of operations, processes and
materials to be used in carrying out all City functions.
(12) Assign work to and schedule employees in accordance with classifications and position
descriptions, and to establish and change work schedules in accordance with Article 13.
(13) Take necessary actions to carry out the mission of the City in emergencies An
emergency is defined as a sudden, unforeseen event which threatens the public health or
safety.
(14) Assign incidental duties reasonably connected with but not necessarily enumerated in
job descriptions which shall nevertheless be performed when requested to do so by the
Employer.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
The exercise of management rights shall not interfere with the Association's statutory right and duty to
be the exclusive representative for bargaining unit employees.
ARTICLE 11 - EMPLOYEES' RIGHTS
No employee shall, by reason of his employment, be deprived of any rights or freedoms which are
afforded to other citizens of the United States by the United States Constitution.
The employee will be required to answer any questions involving non -criminal matters under
investigation. Prior to any questioning, the employee will be notified in writing and acknowledge
receipt of the following:
"You are about to be questioned as part of an internal investigation being conducted by the
Police Department. You are hereby ordered to answer the questions which are put to you
which relate to your conduct and/or job performance and to cooperate with this investigation.
Your failure to cooperate with this investigation can be the subject of disciplinary action in and
of itself, including dismissal. The statements you make or evidence gained as a result of this
required cooperation may be used for administrative purposes but will not be used or
introduced into evidence in a criminal proceeding."
Section 1 - Discipline and Discharge. All discipline must be based upon just cause. Any discipline
shall be imposed in a manner least likely to embarrass the employee before the public or other
employees. Any disciplinary action imposed upon an employee may be the basis for a grievance
through the regular grievance procedure.
Disciplinary actions or measures shall include the following: verbal reprimands; written reprimand;
transfer for disciplinary reasons; suspension; demotion, or discharge. Discipline shall be progressive
in nature where appropriate.
Where discipline consists of a verbal reprimand alone the employee is limited to the grievance
procedure outlined in subsections (a) of Article 7, Section 4 of this Agreement. Such verbal
reprimands are not subject to investigation and review by the Police Chief and the City Manager
pursuant to subsections (b) and (c) and are not subject to arbitration pursuant to subsection (d) of
Article 7, Section 4 of this Agreement.
Section 2 - Bill of Rights. All employees within the bargaining unit shall be entitled to the protection
of what shall hereafter be termed as the "Police Officers Bill of Rights." The wide ranging powers and
duties given to the Department and its members involve them in all manner of contacts and
relationships with the public. Of these contacts come many questions concerning the actions of
members of the force. These questions often require an immediate investigation by superior officers
designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a
manner which is conducive to good order and discipline, the following guidelines are promulgated.
(a) Notification of formal internal investigation. Investigations should be commenced
within (30) calendar days of notification of the violation. Within (3) calendar days after
the Department assigns an internal investigation number to an administrative
investigation, any employee who is the subject of the complaint shall be informed in
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
writing of the nature of the investigation, and advised of the rights of the employee
unless notification may prejudice the integrity of the investigation. The YPPA will be
provided a copy of the notice. If the employee is on days off or leave when the internal
investigation number is drawn, the Department will notify the employee within (3)
calendar days of their return to duty. Any employee who is the subject of the complaint
shall be informed in writing of the nature of the investigation and advised of the rights
of the employee at least twenty-four (24) hours before any interview of the employee
begins. The affected employee may waive the requirement to wait twenty-four (24)
hours. Written notice shall include sufficient information necessary to reasonably
apprise the employee of the allegations of such complaint. No employee will be
interviewed over a subject that the employer knows or should know will result in an
economic sanction without providing the notice required by this subsection.
(b) Recording Interviews. The Association stipulates that the interview of an employee
during an investigation shall be audio recorded and a copy provided to each party
Upon mutual agreement between the City and the Association representative, including
agreement on the placement of the audio-visual equipment, the interview of an
employee may be audio -visually recorded. The City will provide a copy of the audio-
visual recording to the Association representative immediately or within twelve (12)
hours following the completion of the interview.
(c) Any interview of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigencies of the investigation dictate otherwise.
The interview, which shall not violate the employee's constitutional rights, shall take
place at the Yakima Police Station facility, except where impractical. The employee
shall be afforded the opportunity and facilities to contact and consult privately with an
attorney of the employee's own choosing and/or a representative of the Association.
Said employee's attorney and/or Association representative and/or Association attorney
may be present during the interview but shall not participate in the interrogation except
to counsel the employee, provided that the Association representative, employee
attorney or Association attorney may participate to the extent permitted by the law.
(d) The questioning shall not be overly long and the employee shall be entitled reasonable
intermissions as the employee shall request for personal necessities, meals, telephone
calls and rest periods.
(e) Prior to the disclosure of investigation made in subsection (g) of this section, the
employee shall not be subjected to any offensive language, nor shall the employee be
threatened with dismissal, transfer, or other disciplinary punishment as a guise to obtain
the resignation of the employee nor shall the employee be intimidated in any manner.
No promises or reward shall be made as an inducement to answer questions. This
provision does not apply to probationary employees.
(f) It shall be unlawful for the City to require any employee covered by this agreement to
take or be subjected to any polygraph or any polygraph type of examination as the
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YPPA Collective Bargaining Agreement
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(g)
condition of continued or continuous employment or to avoid any threatened
disciplinary action.
Disclosure of Investigation. Except in the event good cause, investigations shall be
completed within seventy-five (75) days. An employee who is the subject of an
investigation shall be provided written notice if the investigation is not concluded
within seventy five (75) calendar days of the notification given per Article 11, Section 2
(a). The notice shall include a projected completion date and a brief description of the
good cause basis for the delay. After the first notice, the employee shall be provided
further notice of extensions at thirty day intervals. The proceeding requirement does
not apply to criminal investigations.
No later than seven (7) calendar days prior to a pre -disciplinary hearing, the employee
shall be advised of the results of the investigation and the recommended disposition and
shall be furnished a complete copy of the investigation report, provided that the
Employer is not required to release statements made by persons requesting
confidentiality where the request was initiated by such persons, and provided further,
such confidential statements may not be relied upon to form the basis of discipline. The
employee and his/her representative shall be allowed up to thirty (30) calendar days to
perform an independent investigation prior to the pre -disciplinary hearing, with
additional time for good cause. The employee and any representative of the employee
are prohibited from contacting any witnesses or complainants in the investigation until
such time as the disclosure of investigation described in this subsection occurs. A copy
of the final outcome documentation of the investigation will be sent to the YPPA union
office upon completion.
(h) Use of Deadly Force Situations. When an employee, whether on or off duty, uses
deadly force which results in the injury or death of a person, or discharges a firearm in
which no injury occurs, the employee shall not be required to make a written or
recorded statement for forty-eight (48) hours after the incident except that immediately
following the incident the employee shall verbally report to a superior a brief summary
of the incident and any information necessary to secure evidence, identify witnesses, or
apprehend suspects in accordance with the form attached as Appendix D. The affected
employee may waive the requirement to wait forty-eight (48) hours.
(i)
Psychological or Medical Evaluations. When there is probable cause to believe that an
employee is psychologically or medically unfit to perform his/her duties, the employer
may require the employee to undergo a psychological or medical examination in
accordance with current standards established by the Washington Association of
Sheriffs and Police Chiefs, the International Association Chiefs of Police, the American
with Disabilities Act, and other applicable State or Federal Laws. Consultations with
the City's Employee Assistance Program are not considered psychological or medical
examinations.
(j) Personnel Records. The Police Department shall maintain only one working personnel
file for each employee. The City Human Resources Division will retain the permanent
personnel file. This does not preclude a supervisor from maintaining notes regarding an
employee's performance, or the Department from maintaining computerized records
relating to training, promotion, assignment, or similar data.
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YPPA Collective Bargaining Agreement
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Annual employee evaluations and records of disciplinary action resulting in demotion
or the loss of time or pay in the amount of forty (40) hours or more may be retained
permanently. All other records of disciplinary action may be retained in an employee's
Department personnel file for a period of not more than three (3) years, provided that if
an employee's personnel record indicates a pattern of similar types of discipline, all such
records may be retained until a period of three (3) years has elapsed during which there
has been no further disciplinary action for the same or similar behavior. Records
retained in an employee's Department personnel file longer than provided in this section
shall be inadmissible in any proceedings concerning disciplinary action of that
employee.
Upon receiving a request for all or part of a personnel file, the affected employee shall
be notified of the request, and the information shall not be released for a period of three
business days from the time of said notification, except upon service of a court order or
subpoena properly recorded and signed by a judge or magistrate demanding immediate
release. The City Attorney will advise the Department in all matters pertaining to the
release of information contained in a personnel file.
(k) Drug Testing. See attached Appendix B, the City of Yakima Police Department Drug
and Alcohol Testing Policy.
(1) In the event of a layoff as provided for in Article 38, or a resignation or involuntary
separation from service due a documented disability under RCW 49.60, the Americans
with Disabilities Act, or other applicable disability law, resulting in the employee's
inability to retain maintain fitness for duty, said employee shall be placed on a re-
employment register for two (2) years from the date of separation.
In the event of a fitness for duty termination, upon verification that the employee is fit
for duty the employee shall be subject to recall in the same manner provided for in the
Police Civil Service Rules as are other employees on the re-employment register. The
Employer retains the right to conduct its own medical examinations consistent with this
agreement and the ADA, for the purpose of ascertaining the officer's fitness for duty.
For the purposes of seniority and years of service calculations, employees re-employed
through this process, who were terminated as the result of a lay off or fitness for
determination shall be credited for applicable service time with a tolling for the period
of discharge.
Within 90 days of the effective date of this agreement the Parties shall present to the
Police Civil Service Commission, a mutual agreeable rule change implementing this
Article.
ARTICLE 12 - WAGES
Section 1 - Base Monthly Salary Schedule.
There are to be no changes to monthly compensation during the duration of this agreement.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
The top step Sergeant monthly wage will be established and maintained at 15% above the top
step Police Officer monthly wage.
Section 2. — Policy for Pay Steps. The following shall be the general policy with respect to the use of
the pay steps within salary ranges:
a. The minimum rate of pay for a class shall be paid to any person on his original
appointment, except appointments at a salary rate above the minimum may be
authorized by the appointing authority when necessary to fill positions in "shortage"
occupations or when necessary to recruit applicants with exceptional qualifications.
Lateral hires with 2 years of more of experience (after the academy) within the last 3
years shall be appointed at step C.
b. The basic salary range shall consist of five steps to be known as Steps -A, B, C, D, and
E. An employee, shall normally be advanced to the next higher step six months after the
date of hiring or promotion and to the succeeding steps at one-year intervals, providing
that employee's work has been satisfactory and the employee is making normal progress
on the job. For purposes of computing the length of time for eligibility for within -range
increases, the period of all leaves of absence without pay shall not be included except to
the extent required by law. In order to simplify the preparation of payrolls, eligibility
for within -range salary increases shall be computed in the manner heretofore set forth;
provided, however, that upon an eligibility date falling on or before the fifteenth day of
the month, such increase shall become effective as of the first day of the month; and
provided further, that upon an eligibility date falling on or after the sixteenth day of the
month, such increase shall become effective as of the first day of the following month.
c. Contemporaneous with this agreement a letter of interpretation will drafted related to
Article 12, Section 2 b. above.
Section 3. — Promotion and Demotion Wage Adjustments. When an employee is promoted, demoted
or reinstated, the employee's rate of pay for the new position shall be determined as follows:
a. Promotion. An employee promoted to a position in a class having a higher pay range
shall receive a salary increase as follows:
(1.)
If the employee's rate of pay in the lower class is below the minimum salary of
the higher class, the employee's rate of pay shall be increased to the minimum
rate of the higher class.
(2.) If the employee's rate of pay in the lower class falls within the range of pay for
the higher class, the employee shall be advanced to the pay step in the higher
range which is next higher in amount above the employee's pay before
promotion.
(3.) In the case of promotion, within -range increases shall be granted in accordance
with subsection 2(b) of Article 12.
b. Demotion. An employee demoted from a position in one class to another class having a
lower pay range shall receive a salary decrease.
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YPPA Collective Bargaining Agreement
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(1.) If the rate of pay of the employee in the higher class is above the maximum
salary for the lower class, the employee's rate of pay will be decreased to the
maximum rate of the lower class.
(2.) If the rate of pay of the employee in the higher class is within the pay range of
the lower class, the employee's rate of pay shall be reduced to the next lower
pay step in the range.
Section 4 - Longevity. Commissioned Police Officers and Sergeants of the City of Yakima who are
regularly and continuously employed full time, and who have completed periods of service as
hereinafter set forth, shall receive compensation, called longevity pay, in addition to their regular
salary, according to the following schedule, to be paid on the first applicable pay day following the
31st day of December and the 30th day of June of each year:
Years Of Service
At least four (4) years and
less than nine (9) years
At least nine (9) years and
less than fourteen (14) years
At least fourteen (14) years and
less than nineteen (19) years
At least nineteen (19) years and
less than twenty-four (24) years
Twenty-four (24) years or more
Section 5 - Longevity Payment at Termination.
Longevity Compensation
1.5% of base monthly salary
3.0% of base monthly salary
5.5% of base monthly salary
7.0% of base monthly salary
10.0% of base monthly salary
a. Upon termination of employment of anyone entitled to longevity pay, such person shall
receive a longevity payment, according to the above schedule, for the number of months
of eligibility served by such employee from the date on which the immediately previous
longevity payment was made. Such payment shall not be made for fractions of a month,
and if termination of employment occurs on or before the fifteenth day of any month,
that month shall not be counted as one for which longevity pay is to be made, and if
termination of employment occurs after the fifteenth day of any month, that month shall
be counted as one full month for which longevity pay is to be made.
b. No longevity pay shall be paid to any employee who is discharged from employment
for disciplinary reasons.
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YPPA Collective Bargaining Agreement
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c. Employees covered by the Washington State Law Enforcement Officers' and
Firefighters' Retirement System who terminate their employment after disability leave
and are placed on disability retirement shall receive longevity pay for the period of
disability leave as provided in Chapter 41.26 of the Revised Code of Washington.
Section 6 — Direct Deposit.
Direct deposit shall be allowed to a banking institution of the employee's choice.
ARTICLE 13 - SHIFT HOURS
(a) The Police Department and the Association jointly agree to a ten (10) hour and forty (40)
minute shift plan for officers assigned to work the normal patrol shifts (not a specialty
assignment) pursuant to Appendix "A". Shift schedule starting and ending times may vary by
no more than 15 minutes.
Shift hours shall be assigned by seniority bidding for all bargaining unit members and shall be
for a period of one calendar year. Seniority shall be as defined in Article 15. Bidding shall
occur during the month of October or November of each year. Employees may bid for both
shift and team, provided that the City may assign an employee to the opposite team on a shift at
the time of the bidding process for a legitimate reason. In the event that reassignment during
the course of the year is required, officer assigned to patrol shall fill existing vacant slots. The
City retains the right to move an officer to a different team for good cause, with advance notice
to the affected officer(s). Unless it is not possible, the good cause reassignment should be to
the same shift.
If for any reason the City or the Association has a concern about the shift hours described
above, the City and the Association agree to attempt to resolve the issue in a cooperative
fashion.
For all other bargaining unit employees, the Employer reserves the right to implement, from
time to time, eight (8), nine (9), and/or ten (10) hour shift plans, per past practices. If the
Employer decides to modify these plans, from time to time, the Employer will provide notice of
such change in accordance with Article 29 to the affected employee(s) except in the event of an
emergency. In the event of an emergency, the Employer will provide as much notice as
practicable.
For all other bargaining unit employees, and in the event the Employer intends to implement
changes in shift plans for duty assignments of more than three (3) months in duration, the
Employer agrees to review the impacts of such long term shift changes with the Association
prior to their implementation.
(b) Work performed in excess of the regularly scheduled work day or work week shall be
considered overtime and such time shall be compensated at the rate of time and one half (1
1/2), provided that Community Service Officers and Narcotics Investigators shall be
compensated at the overtime rate only when hours are worked in excess of the regularly
scheduled work week
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
For any bargaining unit member working a 10 hour and 40 minute shift, the regular work
period for that member shall be 28 days and the regular hours of work during that 28 -day
period shall not exceed 171 hours.
For any bargaining unit member working a 9 hour shift, the regular work period for that
member shall be 14 days and the regular hours of work during that 14 -day period shall not
exceed 86 hours.
For any bargaining unit members working a 10 hour shift, the regular work period for that
member shall be 21 days and the regular hours of work during that 21 -day period shall not
exceed 128 hours.
(c) Fractions of an hour served in overtime duty shall be rounded to the next quarter hour for the
purpose of computing the amount of overtime.
(d) Court time and Callout. Officers called to duty outside the regularly scheduled shift or required
to attend court outside their regularly scheduled shift shall be compensated with a minimum of
three (3) hours at the overtime rate. Hours worked beyond this minimum shall be compensated
at the overtime rate, subject to the provisions of sections (b) and (c) above. Officers called to
work within twenty minutes of their scheduled shift start time are not entitled to call out time,
and will be compensated by overtime only for the actual amount of time they worked prior to
shift start. Hours worked beyond, but concurrent with, an employee's scheduled shift shall not
be considered callout time. Off duty self initiated police activity is not considered call out time,
but will be compensated at a time and one half rate.
(e) Officers shall be allowed to accumulate up to a maximum of sixty (60) hours of compensatory
time. Compensatory time is defined as time off in lieu of overtime, including but not limited
to, time off in lieu of paid overtime for court or callout time. Any time accrued in excess of
sixty (60) hours shall be cashed out on a quarterly basis.
(f) Daylight Savings Time. In the event a members shift is shortened by one hour due to daylight
savings time, that member will be required to submit a leave request for that hour. In the event
a members shift is lengthened by one hour due to daylight saving time the member is entitled to
compensation for that hour.
ARTICLE 14 - VACATIONS
Police Officers and Sergeants shall be granted annual vacation as follows:
After one (1) full year of employment
Eighty-five (85) hours (forty hours
may be taken after six months of
employment)
After two (2) full years of employment One hundred and one (101) hours
After five (5) full years of employment One hundred and twenty-five (125)
hours
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
After ten (10) full years of employment
After fifteen (15) full years of employment
After twenty (20) full years of employment
After twenty-five (25) full years of employment
One hundred and sixty-five (165)
hours
One hundred and eighty-nine (189)
hours
One hundred and ninety-seven
(197) hours
Two hundred and five (205) hours
Section 2 - Maximum Vacation Accrual. Said employees may accumulate vacation leave time in an
amount equal to the vacation time the employee earns during two (2) years' of service, according to the
above schedule.
Section 3 - Compensation for or Transfer of Vacation Leave Accrual in Excess of Maximum Amount.
Vacation leave accumulated in excess of the limits specified in Section 2 of this Article shall be paid to
the respective employee at the rate of 100% of the employee's base wage in effect as of December 31
of that year; provided, however, that the employee must use at least 75% of his/her vacation leave
accrued during the year in order to qualify for the payment unless some or all of the employee's
scheduled vacation for that year is canceled and cannot be rescheduled that year, and such prevents the
employee from complying with the 75% vacation leave use requirement. At the end of each year, all
vacation leave accrued in excess of the limits specified in Section 2 of this Article, but for which the
employee does not qualify for payment, shall be forfeited provided that employees who are denied a
reasonable opportunity to take their leave for operational or other legitimate reasons shall be allowed
to carry the excess forward into the next calendar year.
Section 4 - Permissible Use of Vacation Accruals with Pay.
(1) Vacation leave accumulated at the end of six months of service may be taken in the
seventh month and each month thereafter as accumulated.
(2) Vacation leave must be taken at such time as the employee can be spared, but an
employee will be allowed to take his leave when he desires if it is possible to schedule it
at that time.
(3) All vacation leave must be requested in advance and approved by the employee's
department head.
Section 5. - Terminal Leave.
a. A permanent employee, when leaving the service of the city and who has given at least
two weeks' notice of his intention to leave, shall be compensated for vacation leave
earned and accumulated to the date of separation.
b. No compensation for vacation leave shall be payable to any employee who terminates
his employment or is terminated before he has completed six months of service.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
c. Terminal leave shall be computed by multiplying the hourly rate in effect at the time of
termination by the number of hours accumulated.
ARTICLE 15 - SENIORITY SYSTEM
A seniority roster will be maintained by the Chief of the Police Department, or his/her designate, and
shall be used to schedule vacation leaves and days off. Scheduling vacation leave and days off shall be
executed by the Chief, or his designate, as an administrative function. Seniority among officers shall
govern priorities for vacation leave and days off, subject to the following conditions. Two (2) officers
from each work unit shall be allowed vacation leave within any three week period for the entire three
week period, provided that initial vacation scheduling will be for a maximum of two consecutive
weeks, and any remaining vacation leave will then be scheduled by seniority. For the purpose of this
section, the term "work unit" means the Division to which an officer is assigned. The Chief of Police
may apply this provision to smaller work units at his discretion.
For purposes of this Article, and for purposes of scheduling vacation leave and days off, seniority
means a status of employee gained by continuous length of service and by rank, with an employee of
higher rank having greater seniority than an employee of lower rank, and, as between employees of
equal ranks, the employee with the longest continuous service in that commissioned rank having
seniority, provided that: between employees of equal rank where one of the employees has been
demoted, the demoted employee's seniority shall equal his or her length of continuous service served
in the rank demoted to plus any service in higher ranks.
Determination Of Seniority Between Employees of Equal Rank with the Same Length of Continuous
Service.
Seniority is established by the length of continuous service, starting with the date of hire.
If two (2) or more persons are hired on the same day, the score appearing on the entrance
examination used for the appointment shall determine seniority, with the person obtaining the
highest score to have the greatest seniority.
If two (2) or more persons have identical scores on the entrance examination, seniority shall be
determined by the drawing of lots per Police Civil Service Rules and Regulations.
An employee within the bargaining unit who may feel aggrieved by the administration of such
a seniority system shall seek his remedy by the grievance procedure provided in Article 7 of
this Agreement.
ARTICLE 16 - HOLIDAY ASSIGNMENT
Where shift strength is reduced or increased on holidays, consistent with the needs of the City,
assignments shall be offered to the most senior qualified officer within a work unit (e.g. squad) of the
appropriate division. Except for an emergency, the City shall provide a minimum of forty-eight (48)
hours notice of any deviation from normal shift strength so that officers may plan the use of their time.
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
ARTICLE 17 - HOLIDAYS WITH PAY
(a) Chapter 2.40.080 of the City of Yakima Municipal Code shall govern holidays with pay for
bargaining unit employees.
(b) Members of this bargaining unit shall receive a bank of ninety-six (96) hours on January 1, of
each calendar year. (Twelve holidays)
(c) Officers assigned to shifts longer than eight (8) hours shall receive additional hours to
correspond to the length of their assigned shift. For example, officers assigned to nine (9) hour
shifts shall receive 108 hours, officers assigned to 10 hour shifts shall receive 120 hours, and
officers assigned to the 10 hour 40 minute shift shall receive 128.17 hours.
ARTICLE 18 - UNIFORM CLEANING AND ISSUE
The City shall pay for all necessary cleaning of uniforms for members of the bargaining unit. The City
may determine, from time to time, where said uniforms shall be cleaned. Reasonable regulations
concerning such cleaning may be adopted by the Police Department.
Uniform items listed below and other apparel and collateral equipment will be supplied to each patrol
officer with the commencement of employment and, consistent with current practice, replaced on an
"as needed" basis.
Uniform Item Minimum Issue
Initial disbursement:
Item Quantity
Trousers 3 pair
Winter Shirt 3
Winter Jumpsuit 1
Mock Turtleneck 2
Summer Shirt 3
Winter Jacket 1
Hat 1
Emblems 1 pair
Badge Holder 1
Buttons 1 dozen
Body Armor 1
Body Armor Covers 2
Gunbelt 1
Holster 1
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
Cuff Case 1
Batteries and bulbs (for
Streamlight) Replaced
as needed
Chemical Irritant 1 container
Chemical Irritant Holder 1
Ammo Pouch (Detective) 1
Detective Holster 1
Name Tag per Shirt 1
Summer Pants 2
The City will provide a three hundred ($300) dollar allowance every two years for the purchase or
repair of approved footwear for officers assigned to units not eligible for a clothing allowance.
The City and the YPPA will execute a Memo of Understanding (MOU) contemporaneous with this
agreement for the phased acquisition of AR -15 rifles for employees electing to purchase such rifles up
to twenty-five percent (25%) of the bargaining unit each year. The cost of the purchases shall be repaid
by officers at a 0% interest rate over a two (2) year period in equal deductions from the employee's
paycheck. Employees who terminate employment shall have the remaining unpaid balance removed
from their final paycheck.
ARTICLE 19 — PLAINCLOTHES CLOTHING ALLOWANCE
Police officers and police sergeants assigned to the Detective Division of the Police Department, and
police officers and police sergeants assigned to the Administration and Services Divisions, when not
required to wear a uniform in the performance of their assigned duties, shall be paid a monthly clothing
allowance of seventy dollars ($70.00) in lieu of an issued uniform. Additionally, the Chief of Police in
his discretion may extend and/or discontinue, from time to time, the clothing allowance for police
officers and police sergeants assigned to the SRO or any other police unit.
ARTICLE 20 - LIFE INSURANCE
The City shall provide one hundred fifty thousand dollars ($150,000.00) group life insurance for each
employee in the bargaining unit.
ARTICLE 21 - HEALTH INSURANCE
21.1 Medical, Vision and Dental Care Coverage — As identified in this agreement, Medical, vision,
and dental coverage shall be maintained for the duration of this agreement for covered
bargaining unit employees, retirees and their dependents, provided that the parties may
mutually agree to re -open the contract to address any issues regarding coverage. The
Association may have up to two non-voting representatives on the Health Plan Board as
observers.
21.2 Health Care and Dental Coverage Premium Contributions
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
(a) Employee Health Care Coverage - LEOFF I and LEOFF II employee only health care
coverage premiums shall be paid for by the City.
(b) Dependent Health Care Coverage - The City will share the monthly premium for
dependent medical insurance with bargaining unit members. Members shall contribute
on a monthly basis according to the following schedule:
For employees with one dependent:
For employees with two dependents:
For employees with three or more dependents:
0.5% of wages
1.0% of wages
1.5% of wages
For purposes of this subsection, "wages" means the top step patrol officer wage during
the month of contribution and "dependent" means a spouse, child, or other individual
eligible for medical coverage under the City of Yakima's Health Care Plan.
Effective July 1, 2012, the parties shall revise the health insurance program. On that date the YPPA
plan design will be outlined as in the 2011 Healthcare Plan Report as Option C
(c) Dental Care Coverage - The City shall pay the premium for active LEOFF I and LEOFF
H employees and their dependents for dental care.
(d) Retiree Coverage - Retirees and dependents of retirees may remain in the group plan
until they reach age 65 or, in the case of spouses of deceased retirees until they reach
age 65 or remarry whichever occurs first. Retirees and unremarried spouses of
deceased retirees shall pay the premium (including dependents if enrolled) which shall
be the same as the normal group rate assess for coverage of active City employees and
dependents covered by this agreement. Premiums shall be paid by deduction from
retirement checks paid to retired employees or their beneficiary.
21.3 Long Term Disability Coverage - The City will allow employees to use payroll deduction for
their entire long term disability coverage premium.
ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE
Section 1 - Liability Insurance. The City shall provide liability insurance, including false arrest
insurance, for Association members covered by this Agreement while in the performance of their
duties, with a minimum limit of Three Hundred Thousand Dollars ($300,000.00) per occurrence;
provided, however, nothing in this section shall prohibit the City from self-insuring that liability or
false arrest insurance. The City shall defend and indemnify police officers in accordance with City of
Yakima Resolution D-5820, dated September 18, 1990, a copy of which is attached hereto (Appendix
C) and incorporated herein by this reference. The incorporation of the Resolution referenced above
does not preclude the City from modifying the Resolution in accordance with the provisions of the first
sentence of this section.
Section 2 - Defense Against Criminal Charges. The City shall, at the City's expense, defend any
officer against any criminal charges brought against such officer for action occurring while acting in
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
the official capacity as a Police Officer. The City's obligation to provide for such defense and/or
defense costs shall terminate upon a conviction of a criminal law violation in Court. It shall be the
obligation of the officer to pay for attorney's fees and costs associated with an appeal unless the appeal
reverses a conviction in which case the City will reimburse the officer for attorney's fees and costs
associated with the appeal. If such officer is found guilty and there is an entry of final, non -appealable
judgment or conviction, it shall then be the responsibility of such officer to reimburse the City for all
fees, expenses and costs related to the defense. If the officer is retried, the provisions of this article
shall apply anew. If an outside attorney is hired to provide such defense, the City shall be notified of
the identity of such attorney and an agreement with the City shall be reached concerning the fees to be
charged by such outside attorney prior to the time that attorney is retained.
Section 3 - Physical Damage Insurance. The City shall provide full physical damage insurance on
police vehicles, which insurance shall include police officers as insureds, or the City shall, in the
alternative, become self-insured for such physical damage insurance. In either case the City waives
any claim it may have against any police officer for physical damage to City property, but the City
retains its right to discipline any employee for just cause.
ARTICLE 23 - DIFFERENTIAL PAY
Section 1 - CRU members shall receive 2% of their current base pay in addition to their regular salary
for each full month assigned to the CRU.
Section 2 - Field Training Officers. Police Officers assigned to orient and train newly hired uniformed
officers, and actually engaged in same, shall receive a payment, per month, of five percent (5%) of
their current base pay for that month, over and above their normal rate of pay. Officers assigned such
duty for periods of less than one (1) week during the pay period shall not be eligible for such
differential. The City retains the exclusive right to select said Field Training Officers and determine
the duration of assignment.
Section 3 - Investigative Assignment. Only Police Officers, and Police Sergeants assigned in writing,
by the Chief or Designee, to the Detective Division, as Traffic Investigators, Narcotics Investigations,
and any Interagency Task Force, shall receive a payment, per month, of three percent (3%) of their
current base pay for that month, over and above their normal rate of pay. The City retains the
exclusive right to, from time to time, select said Investigators, Detectives, Narcotics Unit and any
Interagency Task Force members, and to determine the duration of assignment; provided, however, if
the transfer is for disciplinary reasons, then nothing in this section prevents the employee from
grieving the disciplinary transfer in accordance with Article 7. Operational transfers are not grievable.
Police Officers and/or Sergeants desiring a transfer out of an Investigative Assignment shall submit a
memorandum requesting reassignment, through the chain of command, to the Chief of Police.
Section 4 - Education Incentive. Police Officers and Sergeants shall be paid a monthly education
incentive payment based on the following schedule:
AA Degree or 90 college credits: 1.5% of their current base pay for that month
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YPPA Collective Bargaining Agreement
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BA Degree:
MA Degree:
3.0% of their current base pay for that month
4.0% of their current base pay for that month
Education incentive pay shall be paid to employees only after the City has received an official
transcript from the educational institution verifying the degree or credits received.
Section 5 - Bilingual Pay. Employees who have a bilingual capacity for the Spanish language or
American Sign Language (ASL) shall receive an additional 3% of their current base pay, per month,
special assignment pay for their work in that capacity subject to achieving a passing score on the
bilingual/biliterate skills examination conducted under the Police Civil Service Rules and Regulations
and administered by the Civil Service Chief Examiner. The Police Chief may waive this testing
requirement if the employee can demonstrate to the satisfaction of the Police Chief, through
documentation or otherwise (i.e., court interpreter certification from the State of Washington), that the
employee has sufficient bilingual/biliterate skills in the Spanish language or ASL. A determination for
bilingual capacity shall be made by the City within six (6) months of graduation from the law
enforcement academy. Upon certification, compensation shall be retroactive to the date of academy
graduation. Should a language other than English, Spanish, or ASL be necessary for the conduct of
official business of the Department by an officer who is bilingual in that language, the officer may be
compensated bilingual pay for the month in which the service was needed.
Section 6. — Motorcycle Duty. When any employee of the police department is assigned by the chief
of the department to a position which requires operation of a motorcycle, such member shall be paid
2% of their current base pay in addition to their regular salary.
Section 7 - Acting Pay. During routine operations when an officer is assigned to fulfill the duties and
responsibilities of a classification higher than his own for a period of four (4) hours or more he shall be
paid the lowest rate of the higher classification which provides any salary increase for the officer.
Section 8 — Shift Differential Pay. All general squad patrol division officers (those not assigned a
specialty) who work 10 hour and 40 minute shifts shall receive shift differential pay as set out in the
following schedule. Only those people assigned as a general squad patrol officer on the division shift
roster are eligible for this differential pay.
Shifts starting between 0500 and 0859:
Shifts starting between 0900 and 1459:
Shifts starting between 1500 and 1859:
Shifts starting between 1900 and 0459:
No differential pay
1% of current base pay
1.75% of current base pay
2.25% of current base pay
Any Patrol officer involuntarily reassigned from a bid -for shift, for other than disciplinary transfers,
shall be entitled to whichever shift premium is greater between the bid -for shift and the reassigned
shift.
Section 9 — Gang Unit Pay. All patrol division and special operations officers assigned to the Gang
Unit shall be paid 1.75% of their current base pay in addition to their regular salary for each full month
assigned to the Gang Unit.
Section 10 — Notice of Specialty Openings. Notice of all openings for specialty positions will be
posted.
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Section 11 — K-9 Officers. Employees assigned to K-9 duty shall receive a premium equal to 2% of
their current base pay.
ARTICLE 24 - SICK LEAVE
Section 1 - Accrual. LEOFF II employees shall accrue ten (10) hours of sick leave for each full
calendar month of service with the City. Unused sick leave may be accumulated for an unlimited
period; provided, however, that LEOFF II employees shall be permitted to accumulate up to a
maximum of 1200 hours of sick leave. For the purposes of this Article only, a day shall be equivalent
to ten (10) hours.
On the first day of employment each newly hired permanent employee of the bargaining shall receive
120 hours twelve sick leave, subject to following restrictions:
(a) No additional sick leave will be accrued during the employee's first year of
employment.
(b) Should the employee either voluntarily or involuntarily terminate employment
during the first year and used sick leave hours equivalent to more than the number
of months employed, the excess hours shall be deducted from the employee's
accrued paid leave balance (i.e. vacation, compensatory, etc.)
LEOFF I employees shall not be entitled to sick leave benefits conferred by this chapter; provided,
such employees shall be accorded leaves of absence as provided by Article 24, Section 3 (d) and (e)
below.
Section 2 - Sick Leave Pool. A sick leave pool shall supplement approved sick leave for LEOFF II
employees. The pool shall have no additional contributions made by the City and the allocation of
hours from the pool shall be at the discretion of the Association. The Association may elect to require
repayment from recipients of leave loaned from the pool in order to maintain the pool. The parties
agree to adopt an MOU during the course of this agreement to alter this section.
Section 3 - Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be
granted such leave for the following reasons:
(1) Personal illness or physical incapacity resulting from causes beyond employee's control;
(2) Quarantine of employee due to exposure to a contagious disease;
(3) On-the-job injuries - In the event an LEOFF II employee is unable to work due to an
on-the-job injury, said employee will be compensated by being kept on salary (KOS)
and will continue to earn their regular wages and benefits, provided the employee
complies with all the provisions of the City policy (Directive PER 405). Kept on salary
status will extend for a period not to exceed six (6) months, or until the officer has been
released by a physician to full duty, whichever is sooner. If, after six (6) months in a
kept on salary status, the employee is unable to return to full duty, he or she will revert
to the traditional Worker's Compensation time loss payment system in accordance with
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RCW 51.32.090. The employee will be allowed to make an election regarding their time
loss according to City policy.
(4) In the event of a death in the employee's immediate family and upon approval from a
supervisor, the employee may use up to three days of paid bereavement leave per
calendar year. `Immediate family" for purposes of this subparagraph means any
husband, wife, parent, grandparent, child, grandchild, brother, sister, or registered
domestic partner. Any request for use of sick leave beyond the 3 days must be pre -
approved by the Chief or designee;
(5)
Serious injury or illness to members of employee's immediate family living with and
dependent upon the employee, constituting an emergency or crisis; any sick leave
granted for this purpose must be recommended by the Department head and approved
by the appointing authority;
Illness and disability caused or contributed to by pregnancy, miscarriage, abortion or
childbirth;
Sick leave shall not be allowed for any period of time that the employee is gainfully
employed by another employer;
An employee will be entitled to use the employee's accrued sick leave to care for a child
of the employee under the age of eighteen with a health condition that requires
treatment or supervision or for a serious health condition or an emergency condition of
a spouse, registered domestic partner, parent, parent -in-law, or grandparent.
Section 4 - Requirements for All Paid Sick Leave.
(1) Employees must report to the representative designated by the Department head the
reason for the absence as far in advance of the starting of their scheduled work days as
possible, but in no event shall this report be made later than the first day of absence.
(2) Employees must keep their Department head informed of their condition if absence is of
more than three (3) working days in duration.
(3) For each absence an employee must submit upon the approved form an explanation of
the reason for such absence consistent with federal and state law. A statement by the
attending physician may be required if an absence by illness or injury extends beyond
three (3) working days, or for each absence, if requested by the Department head.
(4) Employees must permit home visits or medical examinations at the expense and
convenience of the City consistent with federal and state law.
Section 5 - Enforcement of Sick Leave Provisions.
(1) Any failure to comply with the provisions of Section 4 shall be grounds for denial of
sick leave with pay for the period of absence.
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(2) Misrepresentation of any material facts in connection with paid sick leave by any
employee shall constitute grounds for suspension or discharge.
(3)
It shall be the responsibility of the Department head or designated representative to:
(a) Review all applications for sick leave and approve those which are bona fide
and comply with the provisions of this section and forward same to the
Personnel Division. The Personnel Officer shall not certify the payment of sick
leave until the approved applications have been received, except that employees
still absent at the end of a pay period may be certified for payment of sick leave
by the Personnel Officer upon recommendation of the Department head as
indicated by his signing the time sheet and subject to the receipt of an approved
application for sick leave pay immediately upon the employee's return to work;
(b) Investigate any suspected abuse of sick leave;
(c) Withhold approval of sick leave pay in the event of unauthorized use;
(d) Initiate disciplinary action if, as a result of investigation, it is determined that an
employee has been guilty of willful misrepresentation in a request for sick leave
pay.
Section 6 - Sick Leave Exchange. Eligible employees may exchange accrued sick leave for pay or for
additional leave time as appropriate, in accordance with the options provided the employee, subject to
the following provisions:
(1) No exchange of accrued sick leave for additional leave days or for cash will be granted
for those employees with seven hundred and twenty (720) hours or less of accrued sick
leave except:
(a) Upon retirement or death the employee's accrued sick leave up to seven hundred
and twenty (720) hours or less will be exchanged for pay at the rate of fifty
percent (50%) of the employee's current base pay.
(b) Upon termination under honorable conditions, as distinct from retirement or
death, the employee's accrued sick leave up to seven hundred and twenty (720)
hours or less will be exchanged for pay at the rate of twenty-five percent (25%)
of the employee's current base pay. Honorable termination includes layoff for
budget reasons, as well as resignation with proper notice.
(c) Payments authorized herein shall be the lesser of the amounts allowed in 1(a) or
1(b), or the percentage ratio of the employee's accrual versus 720 hours, applied
to $22,000 but in no case shall such payment exceed $22,000.
(2) Exchange of accrued sick leave for additional leave days or for cash will be granted to
employees who have accrued seven hundred and twenty (720) hours or more subject to
the following provisions:
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(3)
(a) Upon retirement or death, the employee's accrued sick leave up through a
maximum of seven hundred and twenty (720) hours will be exchanged for pay at the
rate of one hundred percent (100%) of the employee's current base pay.
(b) Upon termination under honorable conditions, as distinct from death or
retirement, the employee's accrued sick leave up to a maximum of seven
hundred and twenty (720) hours will be exchanged for pay at the rate of fifty
percent (50%) of the employee's current base pay.
(c) The maximum amount allowable for payout is $$22,000.
(d) Employees who have accrued more than seven hundred and twenty (720) hours
of sick leave may exchange such sick leave for bonus (additional) leave days at
the rate of three (3) days of sick leave for each additional leave day, not to
exceed a total of three (3) added leave days annually. Employees may receive
compensation in lieu of taking leave days, utilization of which would be subject
to the scheduling and approval by the Department head.
Sick Leave Exchange Procedure. Eligible employees may exchange accrued sick leave
as provided above at the option of the employee, subject to the following conditions and
provisions:
(a) A request for such an exchange shall be made to the Director of Finance and
Budget via the Department Timekeeper. All requests shall be in writing and
shall be signed by the employee making the request.
(b) Requests will be accepted only during the first five (5) working days of each
month with exchanged leave to be available within fifteen (15) calendar days of
the date the request is received by the office of the Director of Finance and
Budget. Exceptions to the above will be made for termination, layoff or
disability retirement.
(c) No request will be granted for less than eight (8) hours' pay or eight (8) hours
additional leave.
(d) No exchange will be granted to an employee who has been terminated for cause,
as defined by civil service.
(e) In the event of layoff, exchange requests are the responsibility of the employee.
Section 7 — VEBA. Employees shall participate in the VEBA program the Association has established.
ARTICLE 25 - TRANSPORTATION
Section 1 - Mileage Reimbursement. The City shall pay each officer for his use, at the request of the
City, of his personal auto. The mileage reimbursement rate will be tied to the mileage rate permissible
under IRS regulations.
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Section 2 - Reserved Parking. In the event the current City parking lot is no longer available, then a
minimum of ten (10) parking spaces shall be reserved in proximity to the Police Station/ Legal Center
for Association members whose shifts begin after noon. Use of said spaces shall be controlled by
permit issued by the Chief of Police or designee.
ARTICLE 26 - TRAVEL AND TRAINING TIME
Section 1 - Training Time. Time spent in training that is required by the City is considered
compensable hours of work; provided, however, time spent by employees is not compensable if all of
the following four (4) conditions are present:
(a) attendance is outside the employee's regular working hours;
(b) attendance is voluntary;
(c) the training program, lecture, meeting or other similar activity is not directly related to
the officer's job; and
(d) the officer(s) do not perform any productive work during such attendance.
Also, time spent in training which is mandated by state or federal government as a condition of
practice in the profession is not considered compensable where the training is not tailored to meet the
particular needs of the City. If time spent in training is beyond the regularly scheduled shift, then time
spent in training will be compensated at the overtime rate.
Section 2 - Travel Time. Travel time during regular working hours shall be considered compensable.
Travel time outside regular work hours on City business shall not be compensable unless the officer is
actually driving. Travel time as a passenger on an airplane, train, boat, bus or automobile outside of
regular working hours is not considered compensable. Where all the employees traveling together are
doing so outside of their regular working hours, the selection of the driver is by the choice of the
ranking employee.
Section 3 — Meal Reimbursement. Employees will be provided an allowance of $40 per day for meals
for travel more than 50 miles outside the limits of the City of Yakima. Effective January 1, 2015 this
rate will be increased to $45 per day.
ARTICLE 27 - GENERAL, SPECIAL AND PERSONNEL ORDERS
The City will furnish the Association with copies of all written general rules and special orders from
within the Police Department pertaining to wages, hours, conditions of employment and assignments
of members.
ARTICLE 28 - ADVANCE NOTICE OF SHIFT CHANGE
An officer will normally be given adequate advance notice of any change in his regular hours of work,
except where an emergency exists [an emergency is defined as an event unforeseen by the Department,
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January 1, 2014 — December 31, 2015
affecting the Department's ability to perform its mission]. Posting shall constitute adequate notice.
Notice given less than forty-eight (48) hours before he is to begin work under the changed schedule
entitles the officer to compensation at the overtime rate for those hours not exceeding eight (8) hours
that are earlier, later or different from the hours he last worked in a work day. An officer is not entitled
to compensation at the overtime rate if he is otherwise entitled to compensation under the same hours
of work.
ARTICLE 29 - IMPROVED PERFORMANCE AND EFFICIENCY
The parties recognize the desirability of improving performance and increasing efficiency of the
Yakima Police Department in order to provide maximum services at reduced costs. It is therefore
agreed that the Association will actively cooperate and participate in studies and efforts to discover and
employ new methods and practices which result in improved performance and increased efficiency in
the Yakima Police Department.
ARTICLE 30 - SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if
any provision of any Article of this Agreement is held or found to be in conflict therewith, said Article
shall be void and shall not bind either of the parties hereto. However, such invalidity shall not affect
the remaining Articles of this Agreement. Notwithstanding any other provision of this Agreement, the
Employer may take all actions reasonable to comply with the Americans with Disability Act and the
Family Medical Leave Act. If the Washington Health Services Act (Health Care Reform) of 1993 or
federal health care legislation mandates changes to the Health Insurance Article during the term of the
Agreement, then the parties agree to negotiate about those mandated changes subject to the dollar
amounts and contribution formula remaining the same as provided for in Article 21. In the event that
any provision shall be held unlawful and unenforceable by any court of competent jurisdiction, the
parties agree to meet forthwith for the purpose of re -negotiating such provision in an attempt to reach a
valid agreement.
ARTICLE 31 - WITNESS -CIVIL SERVICE BOARD
An officer shall be compensated for all off-duty time that he spends as a witness before the Civil
Service Board or arbitration hearing at the same rate and in the same manner as he is compensated for
Court Time; provided that the Association or the employee (when proceeding on an individual basis)
will only call witnesses who are reasonably necessary for a reasonably necessary duration. Time spent
as a witness at such proceedings outside of regular working hours shall be compensated at time and
one-half (1.5) on an hour for hour basis with no call back minimum.
ARTICLE 32- PHYSICAL FITNESS
The City requires that members of the Police Department be physically fit for the optimum
performance of their duties and the Association agrees to cooperate with the City in developing
appropriate standards and testing of fitness.
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YPPA Collective Bargaining Agreement
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ARTICLE 33 - DEFERRED COMPENSATION
Each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred
earned compensation each month in an amount equal to 5.5% of said monthly salary.
The deferred compensation contribution is separate pay and is not part of the base monthly salary
schedule codified in Yakima Municipal Code Pay and Compensation Ordinance, subsection 2.20.110.
This provision is subject to the City's deferred compensation rules and regulations adopted by the City
Council and IRS regulations, and the computation of retirement contributions and pension benefits
shall be governed by applicable state law.
ARTICLE 34 - MILITARY AND CIVIL LEAVE
Section 1. — Military Leave. Leave not to exceed twenty-one working days during
each calendar year, over and above annual vacation or sick leave, may be allowed
any employee who is a member of the National Guard or of any organized reserve or
armed forces of the United States. The employee will be paid his normal pay during
such military leave period when taking part in active training duty.
Section 2. — Civil Leave. Necessary leave will be provided to permit an employee to serve as a
member of a jury or to exercise other civic duties. Employees will remain in full employment status
and will receive their full salary during periods of civil leave, however, any compensation received for
performing civil duties must be remitted to the Finance Department.
ARTICLE 35 - OFF-DUTY EMPLOYMENT
Section 1 - Duty to Inform Chief. Any employee who desires to take any additional employment not
relating to the use of commission authority during off-duty hours shall inform the Chief of Police in
writing at least seven (7) calendar days prior to the date of anticipated off-duty employment. The
employee will fully describe the location and nature of the work to be performed, the proposed work
hours, all items, if any, of Department equipment proposed to be used, and the anticipated duration of
the employment. The Chief or his designee shall respond to the request within 72 hours excluding
weekends and any holidays. This section does not apply to off-duty employment which has been
specifically pre -approved by memo or Special Order from the Chief of Police.
Section 2 - Authorization for Off -Duty Employment. Prior to accepting off-duty employment not
relating to the use of commission authority, an employee must obtain specific written authorization
from the Chief of Police. The Chief of Police may suspend, modify, deny or terminate off-duty
employment at any time for reasons including, but not necessarily limited to, the following:
a. Incompatibility with the employee's city work schedule or interference with the
employee's ability to perform his or her regular Police Department duties.
b. Conflict with Department goals, objectives, policies or procedures.
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c. Nature of work is inconsistent with the professional image of the Department or creates
an appearance of impropriety.
d. Unusual illness or absence record prior to or following hours of off-duty employment.
e. Work associated with premises where intoxicants are served for consumption, at the
discretion of the Chief of Police.
f. Work associated with a political party, candidate, or issue, or may give the appearance
of an endorsement of a particular business, product or service.
g.
Work would result in an unreasonable competition with a private business.
Section 3 - Use of Department Uniforms and Equipment. It is at the sole discretion of the Chief of
Police to authorize or deny the use of any and all items of Department -owned and/or issued equipment
in the course of off-duty employment. No item of Department owned and/or issued equipment will be
used for off-duty employment without the specific prior written approval of the Chief of Police.
Section 4 - Scheduling Off -Duty Employment. Off duty work involving the use of commission
authority shall be scheduled and paid by the City. However, the Yakima Police Patrolmans Association
must provide a list every six months of personnel to the Chief or designee for appropriate assignment
depending upon availability. It is understood that this off-duty work for other organizations is to be
paid at the rate of first class officer, straight time. The City's actions to coordinate and schedule this
work and administer payment is not intended to make this "time worked" for overtime purposes.
Section 5 - Indemnification and Defense. The Chief of Police or designee, on behalf of the City,
would attempt to obtain from a prospective off-duty employer an indemnification and defense
agreement and/or proof of adequate liability insurance coverage prior to approving off-duty
employment, including a requirement that the City be named as an additional insured on the insurance
policy.
Section 6 - Off -Duty Employment Prohibited for Certain Employees. Employees who are on
suspension or sick/disability leave or administrative leave or who are on entry-level probationary status
are generally prohibited from off-duty employment, unless specifically exempted from this provision
by the Chief of Police.
Section 7 - Obligation to Department. The primary obligation and responsibility of all employees is to
the Police Department. Employees who are directed or required to perform overtime or other
Department -related work will do so regardless of conflict with their off-duty employment.
Section 8 - Industrial Insurance. The parties agree that for the purpose of coverage under the laws and
regulations of LEOFF, the Washington State Department of Labor and Industries, and all other federal
and state employment laws and regulations, YPPA members performing off-duty work not involving
the use of commissioned authority shall not be considered employees of the City but shall be
considered employees for these purposes, for off-duty work administered by the City.
ARTICLE 36 — LAYOFFS
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YPPA Collective Bargaining Agreement
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Whenever it becomes necessary through lack of finances or other cause to reduce the force, persons to
be laid off shall be given at least four weeks notice and the order of layoff shall be accomplished in the
following manner:
a. Persons serving in a temporary capacity within a classification to be reduced shall be first
laid off in order of seniority, least senior first;
b. Those still serving their probationary period within a classification to be reduced in order of
seniority, least senior first;
c. Those whose appointments are complete within a classification to be reduced in order of
seniority, least senior first.
d. Seniority for the purpose of this article shall mean accumulated time in employment within
a particular classification within a department excluding leaves of absences in excess of 90
days and time off due to suspensions without pay. In the event of identical accumulated
time within the affected classification, the order of hire or promotion shall determine
seniority.
e. In the event any permanently appointed person employed in a classification above entry
level is laid off, that person shall have the right to voluntarily reduce in rank to the next
lower classification previously held within the department regardless of whether a vacancy
exists within that classification. Any person, other than persons serving temporary
appointments in higher classifications, choosing voluntary reduction in rank under this
section shall be regarded as the most senior person in that classification to which they are
reduced for the purpose of any further layoffs. Temporary appointees electing voluntary
reduction in rank shall assume the seniority in the previously held classification. The least
senior permanently appointed person within any classification shall be laid off in the event
all the positions within the classification are filled and a voluntary reduction in rank from a
higher classification occurs. Likewise, if a person is laid off as a result of a voluntary
reduction in rank that person may voluntarily reduce in rank to the next lower classification
previously held.
f. All persons except temporary appointees who choose to voluntarily reduce in rank shall be
placed on a reinstatement register for each classification from which they were reduced.
ARTICLE 37 - DURATION
This agreement shall be effective on January 1, 2014 and shall continue through December 31, 2015.
Executed by the parties hereto this
day of , 2013.
Yakima Police Patrolmans Association City of Yakima
By: By:
Chairman of YPPA City Manager
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YPPA Collective Bargaining Agreement
January 1, 2014 — December 31, 2015
By: By:
Secretary of YPPA Chief of Police
ATTEST:
City Clerk
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YPPA Collective Bargaining Agreement
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