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R-2015-050 2016-2019 Collective Bargaining Agreement - YPPA Police Officers and Sergeants
RESOLUTION NO. R-2015-050 A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for January 1, 2016 — December 31, 2019 with the Yakima Police Patrolman's 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 2016 - 2019; 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 hereby authorized and directed to execute the attached and incorporated Collective Bargaining Agreement between the City of Yakima and the Yakima Police Patrolman's Association ADOPTED BY THE CITY COUNCIL this 7th day of April 2015. Micah awl y, Mayor COLLECTIVE BARGAINING AGREEMENT by and between CITY OF YAKIMA and YAKIMA POLICE PATROLMANS ASSOCIATION Effective January 1, 2016 through December 31, 2019 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION OF ASSOCIATIONBARGAINING UNIT 4 ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES 4 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS 5 ARTICLE 4 - ASSOCIATION SECURITY 5 ARTICLE 5 - NON-DISCRIMINATION 6 ARTICLE 6 - COLLECTIVE BARGAINING 6 ARTICLE 7 - GRIEVANCE PROCEDURE 7 ARTICLE 8 - UNION LEAVE 9 ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT 10 ARTICLE 10 - MANAGEMENT RIGHTS 10 ARTICLE 11 - EMPLOYEES' RIGHTS 12 ARTICLE 12 - WAGES 16 ARTICLE 13 - SHIFT HOURS 18 ARTICLE 14 - VACATIONS 20 ARTICLE 15 - SENIORITY SYSTEM 22 ARTICLE 16 - HOLIDAY ASSIGNMENT 23 ARTICLE 17 - HOLIDAYS WITH PAY 23 ARTICLE 18 - UNIFORM CLEANING AND ISSUE 24 ARTICLE 19 - PLAINCLOTHES CLOTHING ALLOWANCE 25 ARTICLE 20 - LIFE INSURANCE 25 ARTICLE 21 - HEALTH INSURANCE 25 ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE 26 ARTICLE 23 - DIFFERENTIAL PAY 27 ARTICLE 24 - SICK LEAVE 28 ARTICLE 25 - TRANSPORTATION 32 ARTICLE 26 - TRAVEL AND TRAINING TIME 33 ARTICLE 27 - GENERAL, SPECIAL AND PERSONNEL ORDERS 33 ARTICLE 28 - ADVANCE NOTICE OF SHIFT CHANGE 33 ARTICLE 29 - IMPROVED PERFORMANCE AND EFFICIENCY 34 ARTICLE 30 - SAVINGS CLAUSE 34 ARTICLE 31 - WITNESS -CIVIL SERVICE BOARD 34 ARTICLE 32 = PHYSICAL FITNESS 34 ARTICLE 33 - DEFERRED COMPENSATION 35 ARTICLE 34 - MILITARY & CIVIL LEAVE 35 ARTICLE 35 - OFF -DUTY EMPLOYMENT 35 ARTICLE 36 - LAYOFFS 37 ARTICLE 37 - POLICE CORPORALS 37 ARTICLE 38 - DURATION 38 -2- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 Appendix A Appendix B — Appendix C — Appendix D Appendix E — — Yakima Police Department Patrol Blue/Gold Team Schedule City of Yakima Police Department Drug and Alcohol Testing Policy Resolution No. D-5820 Police Officer Indemnification — Yakima Police Department Use of Deadly Force Situations Summary Statement to Supervisor City of Yakima Municipal Code Chapter 2 (as written prior to December 1, 2014) -3- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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/her designates, on behalf of the City Council, and a person or persons representing the Association. The Secretary of the Association shall notify the City Manager in writing of the names of the person or persons representing the Association for collective bargaining purposes and the City Manager shall notify the Association of his/her designates in a similar manner. -4- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS Section 1 - Association Membership. Each employee within the bargaining unit is eligible to become and remain an Association member. However, active Association membership shall not be open to those employees of the Yakima Police Department permanently appointed to the positions excepted from the bargaining unit by Article 1 of this Agreement. In the event an Association member is permanently appointed to any position excepted from the bargaining unit, active Association membership shall thereupon be closed to him/her and he/she shall immediately discontinue active Association membership. Section 2 - Payroll Deductions. The City agrees to deduct Association membership fees, dues and other assessments by the Association against its members within the bargaining unit from the pay of those members who authorize the City to do so in writing. The Secretary of the Association shall forward signed authorization cards to the Finance Officer of the City setting forth the amounts to be deducted from the pay of each such person. The City shall transmit to the Treasurer of the Association the aggregate of such deductions during each calendar month, together with an itemized statement, on or before the 20th day of each month following the month for which such deductions are made. 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 (31 st) 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/she has not complied with the Association membership requirements of this Agreement within fifteen (15) days, his/her employment shall automatically be terminated. The Association agrees to withdraw any letter of termination if the employee, in respect to whom such letter has been served, shall complete his/her membership requirements within the time limit specified heretofore. -5- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 Any employee having objections to Association membership, based on bona fide religious tenets or teachings of a church or religious body of which he/she 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. 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. -6- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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 thegrievance_ procedure if_ the parties so jointly agree. In the event the grievance relates to discipline greater than a verbal reprimand, the parties agree to forego the initial steps and file the grievance directly with the Chief of Police. (f) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Failure of either party to meet the time limit or extended time limit for responses or appeals shall render the decision in favor of the other party. -7- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (g) Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. (h) If an employee seeks a Civil Service Remedy then said employee waives all rights to use the grievance procedure. If an employee uses the grievance procedure then said employee waives all rights to use the Civil Service Procedures. No later than the thirtieth (30th) calendar day after the action or decision giving rise to the grievance, the employee must make an election of remedies as set forth in this section. Section 4 - Procedure. (a) Written Grievance to Division Commander. Within thirty (30) calendar days after an employee has been made reasonably aware of a wrongful act charged, an employee shall first reduce his/her grievance to writing and discuss it with his/her Division Commander. Said Commander or Designee shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision, and the reasons therefore, within thirty (30) calendar days. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (b) Grievance Appealed to Police Chief. An employee who is dissatisfied with the decision of the Division Commander may submit the grievance in writing within thirty (30) calendar days to the Police Chief. In the event the grievance begins with the Police Chief, the employee must file the grievance in writing within thirty (30) calendar days after the action or decision giving rise to the grievance. The Police Chief or Designee shall make a separate investigation and notify the employee in writing of his/her decision, and the reasons therefore, within thirty (30) calendar days after receipt of the employee's grievance. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (c) Grievance Appealed to City Manager. An employee who is dissatisfied with the decision of the Police Chief may request a review by the City Manager by submitting a written request to him/her. Such request shall be submitted within thirty (30) calendar days after receipt of the decision from the Police Chief. The City Manager or Designee shall make a separate investigation and notify the Employee in writing of his/her decision, and the reasons therefore, within forty-five (45) calendar days. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (d) Arbitration. The Association shall notify the City Manager within forty-five (45) calendar days of the date the City Manager issues his/her decision in Section 7(4)(c) of this Collective Bargaining Agreement if the Association desires to submit the grievance to arbitration as the final step in the grievance procedure. In the event the parties are unable to mutually agree upon an arbitrator, either party may request a list for thirteen (13) qualified arbitrators from the Public Employment Relations Commission The parties shall select an arbitrator from the applicable list by mutually agreeing to an -8- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 arbitrator or by alternately striking names. The parties shall flip a coin to decide who starts the striking process. The final name left on this list shall be the arbitrator. The arbitrator's decision shall be final and binding but the arbitrator shall have no power to alter, modify, add to or subtract from the terms of this agreement. The cost of the arbitrator shall be borne equally between the City and the Association. The City and the Association will pay their own remaining costs of arbitration, including their own attorneys' fees, witness fees, expert fees, and any other fees as well as costs, regardless of the outcome. ARTICLE 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 the Police Chief, and provided further that the total leave for the entire bargaining unit for the purposes set forth in this section shall not exceed twenty (20) days in any fiscal year based on current shift hours. For example, a Union member whose regular shift is 10 hours per day would be entitled to twenty (20) days of leave at ten (10) hours per day for a total of 200 hours per year. (d) Officers and members of the Association on business leave, either paid or unpaid, will list the date, place and nature or reason for leave on Association letterhead to the Police Chief, to enable the Police Chief to verify the legitimacy of such absence. Section 2 — City owned Equipment and Supplies An Executive Board Member may utilize city owned/operated equipment to communicate with the Association and/or Management for the exclusive purpose of administration of this Agreement. Such use will: 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; -9- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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 Police Chief and the Human Resources Office with a written list of current Executive Board Members. The Union will notify the Police 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 contractthe_Association shall submit to the Police Chief a_list of not_lessthan three (3) names of members (which may include the Chairman), authorized to handle a grievance, and the Police Chief shall schedule at least one (1) of these on an appropriate day shift. ARTICLE 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: -10- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (1) Establish, plan for, and direct the work force toward the goals of the City with regard to police services. (2) Determine the organization, and the merits, necessity and level of activity or service provided to the public. (3) Determine the City budget and financial policies including accounting procedures. (4) Determine the procedures and standards for hiring and promotion consistent with Civil Service rules and regulations and the City Charter. However, if the Employer seeks to change Civil Service rules, then the parties will bargain about those changes. (5) Determine and direct, from time to time, transfers and assignments of personnel to and from different duties, responsibilities and/or Departments. (6) Decision to lay off personnel due to lack of work, lack of funds or reorganization. (7) Discipline personnel for just cause. (8) Determine and direct, from time to time, the retention or discontinuance of positions and classifications. (9) Determine, from time to time, job descriptions, duties of personnel and job classifications. (10) Determine the methods, means, equipment, numbers and kinds of personnel necessary to effectively and efficiently provide police and related services to the public. (11) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. (12) Assign work to and schedule employees in accordance with classifications and position descriptions, and to establish and change work schedules in accordance with Article 13. (13) Take necessary actions to carry out the mission of the City in emergencies. An emergency is defined as a sudden, unforeseen event which threatens the public health or safety. (14) Assign incidental duties reasonably connected with but not necessarily enumerated in job descriptions which shall nevertheless be performed when requested to do so by the Employer. The exercise of management rights shall not interfere with the Association's statutory right and duty to be the exclusive representative for bargaining unit employees. -11- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 ARTICLE 11- EMPLOYEES' RIGHTS No employee shall, by reason of his/her employment, be deprived of any rights or freedoms which are afforded to other citizens of the United States by the United States Constitution. The employee will be required to answer any questions involving non -criminal matters under investigation. Prior to any questioning, the employee will be notified in writing and acknowledge receipt of the following: "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. The YPPA and City Management agree to open discussion on this section within six (6) months of the Union ratifying the Agreement. Section 2 - Bill of Rights. All employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the "Police Officers Bill of Rights." The wide ranging powers and duties given to the Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of_ the _force. _ These_ questions_ often_ require .an_ immediate _investigation _ by superior__ officers. designated by the Police Chief In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated. (a) Notification of formal internal investigation. Investigations shall be commenced within forty-five (45) calendar days of 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 writing of the nature of the investigation, and advised of the rights of the employee unless notification may prejudice the integrity of the investigation. If the employee is -12- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 on days off or leave when the internal investigation number is drawn, the Department will notify the employee within (3) calendar days of their return to duty. Any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation and advised of the rights of the employee at least twenty-four (24) hours before any interview of the employee begins. The affected employee may waive the requirement to wait twenty-four (24) hours. Written notice shall include sufficient information necessary to reasonably apprise the employee of the allegations of such complaint. No employee will be interviewed over a subject that the employer knows or should know will result in an economic sanction without providing the notice required by this subsection. The YPPA shall be provided with written copies of all notices and extensions provided to the employee. (b) Recording Interviews. The Association stipulates that the interview of an employee during an investigation shall be audio recorded and a copy provided to each party 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 Department to include the Internal Affairs Lieutenant's office, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and/or a representative of the Association. Said employee's attorney and/or Association representative and/or Association attorney may be present during the interview but shall not participate in the interrogation except to counsel the employee, provided that the Association representative, employee attorney or Association attorney may participate to the extent permitted by the law. (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 condition of continued or continuous employment or to avoid any threatened disciplinary action. -13- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (g) Disclosure of Investigation. Except in the event of good cause, investigations shall be completed within seventy-five (75) days of the members' official notification that a formal internal investigation is being conducted An employee who is the subject of an investigation shall be provided written notice if the investigation is not concluded within seventy five (75) calendar days of the notification given per Article 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 and the YPPA shall be provided further notice of extensions at thirty -day intervals. The proceeding requirement does not apply to criminal investigations. No later than seven (7) calendar days prior to a pre -disciplinary hearing, the employee and the YPPA 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 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. This shall not restrict any designated YPPA representative of the employee from contacting and interviewing other YPPA members concurrent to the investigation being conducted by the City pursuant to the Public Employment Relations Commission decision 11863 — PECB (Washington State Patrol Troopers Association v State — Washington State Patrol). A copy of the final outcome documentation of the investigation will be sent to the YPPA union office upon completion. (h) Definition of Disciplinary Day. For the purposes of discipline, one (1) day of discipline shall be equivalent to eight (8) hours of compensation/time. (i) 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. (j) Psychological or Medical Evaluations. When there is probable cause to believe that an employee is psychologically or medically unfit to perform his/her duties, the employer may require the employee to undergo a psychological or medical examination in accordance with current standards established by the Washington Association of Sheriff's and Police Chiefs, the International Association Chiefs of Police, the American with Disabilities Act, and other applicable State or Federal Laws. Consultations with the City's Employee Assistance Program are not considered psychological or medical examinations. -14- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 Personnel Records. The Police Department shall maintain only one working personnel file for each employee. The City Human Resources Division will retain the permanent personnel file. This does not preclude a supervisor from maintaining notes, which the employee may view upon request, during business hours, regarding an employee's performance, or the Department from maintaining computerized records relating to training, promotion, assignment, or similar data. 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. (1)Drug Testing. See attached Appendix B, the City of Yakima Police Department Drug and Alcohol Testing Policy. (m) 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. -15- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 ARTICLE 12 - WAGES Section 1 - Base Monthly Salary Schedule. Effective January 1, 2016 the base wage compensation schedule in effect December 31, 2015 shall be increased by 2.5%. Effective January 1, 2017 the base wage compensation schedule in effect December 31, 2016 shall be increased by 2.5%. Effective January 1, 2018 the base wage compensation schedule in effect December 31, 2017 shall be increased by 2.5%. Effective January 1, 2019 the base wage compensation schedule in effect December 31, 2018 shall be increased by 2.5%. The top step Corporal monthly wage will be established and maintained at 7% above the top step Police Officer monthly wage. 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,_theperiod of all leaves of absence without pay shall not be included except to the extent required by law. In order to simplify the preparation of payrolls, eligibility for within -range salary increases shall be computed in the manner heretofore set forth; provided, however, that upon an eligibility date falling on or before the fifteenth day of the month, such increase shall become effective as of the first day of the month; and provided further, that upon an eligibility date falling on or after the sixteenth day of the month, such increase shall become effective as of the first day of the following month. Section 3. — Promotion and Demotion Wage Adjustments. When an employee is promoted, demoted or reinstated, the employee's rate of pay for the new position shall be determined as follows: -16- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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. (1.) If the rate of pay of the employee in the higher class is above the maximum salary for the lower class, the employee's rate of pay will be decreased to the maximum rate of the lower class. (2.) If the rate of pay of the employee in the higher class is within the pay range of the lower class, the employee's rate of pay shall be reduced to the next lower pay step in the range. Section 4 - Longevity. Commissioned Police Officers, Corporals and Sergeants of the City 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 31 st 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 YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 -17- 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 Section 5 - Longevity Payment at Termination. a. Upon termination of employment of anyone entitled to longevity pay, such person shall receive a longevity payment, according to the above schedule, for the number of months of eligibility served by such employee from the date on which the immediately previous longevity payment was made. Such payment shall not be made for fractions of a month, and if termination of employment occurs on or before the fifteenth day of any month, that month shall not be counted as one for which longevity pay is to be made, and if termination of employment occurs after the fifteenth day of any month, that month shall be counted as one full month for which longevity pay is to be made. b. No longevity pay shall be paid to any employee who is discharged from employment for disciplinary reasons. c. Employees covered by the Washington State Law Enforcement Officers' and Firefighters' Retirement System who terminate their employment after disability leave and are placed on disability retirement shall receive longevity pay for the period of disability leave as provided in Chapter 41.26 of the Revised Code of Washington. Section 6 — Direct Deposit. Direct deposit shall be allowed to a banking institution of the employee's choice. ARTICLE 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 fifteen 15 minutes. Shift hours are set as follows: A Squad 0630-1710 B Squad 0950-2030 C Squad 1700-0340 D Squad 2020-0700 The City and the YPPA agree to negotiate for the elimination of a squad, and the adjustment of other shift start times. Any elimination of shifts or adjustment of other shift times by more than 15 minutes will only be done by mutual agreement of both parties. 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, officers assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice -18- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. The order of shift bidding will be by rank, with Officers bidding first, then Corporals and finally Sergeants. Police Officers assigned to the CRU SWAT team shall only be allowed to bid a maximum of two officers per shift, per team. This shall not include Corporals or Sergeants. 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. For any bargaining unit member working a ten (10) hour and forty (40) minute shift, the regular work period for that member shall be twenty-eight (28) days and the regular hours of work during that twenty-eight (28)-day period shall not exceed one hundred seventy one (171) hours. For any bargaining unit member working a nine (9) hour shift, the regular work period for that member shall be fourteen (14) days and the regular hours of work during that fourteen (14)-day period shall not exceed eighty six (86) hours. For any bargaining unit members working. a ten (10) hour shift, the regular work period for that member shall be twenty-one (21) days and the regular hours of work during that twenty-one (21)-day period shall not exceed one hundred twenty eight (128) hours. (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. This includes instances in which officers are under subpoena to testify in a telephonic court or administrative hearing. Hours worked beyond this -19- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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. A member who has been scheduled to attend court is entitled to three (3) hours of overtime pay if the court appointment is cancelled any time after 0830 the prior business day of the appointment. Members cancelled from court prior to that time are not entitled to compensation. (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. (g) Members are not permitted to schedule personal leave, or other compensatory time off for the purpose of working City funded overtime assignments during their regularly scheduled duty hours. This shall not apply to members who are working overtime during their pre -scheduled annual vacation leave, or members working overtime assignments funded or reimbursed from a source other than the City. (h) Members who are required to take work related telephone calls outside of their scheduled work hours are entitled to overtime pay under the following conditions. The telephone call must exceed 5 minutes and the call must have been authorized by a Lieutenant or higher rank within the Department. The minimum amount of compensation for a work related phone call in these circumstances is one half an hour. Any time beyond that will be rounded up to the next quarter hour. ARTICLE 14 - VACATIONS Police Officers, Corporals 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 -20- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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 New laterally hired employees with two (2) years or more of experience (after academy) within the last three (3) years shall be given credit for prior full years of service with their former employer when calculating vacation accrual rates. Upon ratification of this Agreement, current YPD employees that were lateral hires will receive a one-time vacation bank of ninety (90) hours in recognition for his/her prior law enforcement service. 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 65% 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 65% 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 — Vacation Scheduling. (1) Selection of annual vacation leave shall be by seniority as defined in Article 15. -21- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (2) Members shall select vacations within their own rank and squad. (3) Within the patrol division, a minimum of one (1) officer per squad shall be allowed annual vacation leave per work week. Within other specialty work units, one (1) officer will be allowed annual leave per work unit per assigned work week. The Police Chief, at his discretion, may authorize and increase the number of vacation slots available for officers to select from based on department need. (4) Members will select two weeks of annual vacation leave on the first selection round. On the second selection round, members will pick one week. During the third round members may elect to pick one week if desired, but are not required to pick a fourth week. (5) During the year, a member may request an alternate or additional vacation due to unforeseen circumstances. The request shall be made in writing through the member's chain of command to the Division Commander. The member may appeal the Division Commander's decision directly to the Police Chief. (6) Members who are involuntarily transferred shall be allowed to keep their selected annual vacation weeks. In the event their previously selected vacation week falls on a regularly scheduled day off under their new schedule, the department will make every effort to accommodate the member in selecting a new week. If a member voluntarily transfers, the Department will make every effort to accommodate the member's previously selected annual vacation, however may change the vacation depending on staffing needs of the new assignment. Promotions shall be treated as involuntary transfers for purposes of this Article. Section 6. - Terminal Leave. a. A permanent employee, when leaving the service of the city and who has given at least two weeks' notice of his intention to leave, shall be compensated for vacation leave earned and accumulated to the date of separation. b. No compensation for vacation leave shall be payable to any employee who terminates his employment or is terminated before he has completed six months of service. c. Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated. ARTICLE 15 - SENIORITY SYSTEM A seniority roster will be maintained by the department's Police Chief, or his/her designate, and shall be used to schedule vacation leaves and days off. Scheduling days off shall be executed by the Police Chief, or his/her designate, as an administrative function. Seniority among officers shall govern priorities for vacation leave and days off. -22- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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. 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 abankof ninety-six (96) hours o nJanuary 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 one hundred eight (108) hours, officers assigned to ten (10) hour shifts shall receive one hundred twenty (120) hours, and officers assigned to the ten (10) hour forty (40) minute shift shall receive one hundred twenty eight point one seven (128.17) hours. -23- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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 Uniform Pants 3 pair Short Sleeve Shirt 3 Class B Long Sleeve Shirt Class A Long Sleeve Shirt Metal Buttons Tie Uniform Dress Hat Winter Jumpsuit Mock Turtleneck Winter Jacket Body Armor Body Armor Covers Duty Belt Holster Handcuff Case Batteries and bulbs (for Streamlight, including mounted weapon lights using the CR123 style battery) Chemical Irritant Chemical Irritant Holder Detective Holster Extra Magazine Holder Name Tag per Shirt 3 1 14 1 1 1 (after completion of probation) 2 1 1 2 1 1 1 Replaced as needed 1 container 1 1 (Detectives Only) 1 (Detectives Only) 1 (One metal for Class A) The City will provide a three hundred ($300) dollar allowance every odd numbered year for the purchase or repair of approved footwear for officers assigned to units not eligible for a clothing allowance. The City and the YPPA will maintain the Memorandum of Understanding (MOU) covering the acquisition of AR-15 rifles for employees electing to purchase such rifles up to twenty-five percent -24- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (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 eighty dollars ($80.00) in lieu of an issued uniform. Additionally, the Chief of Police in his discretion may extend and/or discontinue, from time to time, the clothing allowance for police officers and police sergeants assigned to the SRO or any other police unit. ARTICLE 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 If necessary, the City and the Association agree to re -open negotiation of this Article for the 2018 and 2019 calendar years in recognition of currently unknown financial requirements/potential tax implications of the Affordable Care Act. 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 (2) non -voting representatives on the Health Plan Board as observers. 21.2 Health Care and Dental Coverage Premium Contributions (a) Employee Health Care Coverage - LEOFF I and LEOFF II employee only health care coverage premiums shall be paid for by the City. (b) Dependent Health Care Coverage - The City will share the monthly premium for dependent medical insurance with bargaining unit members. Members shall contribute on a monthly basis according to the following schedule: For employees with one dependent: For employees with two dependents: For employees with three or more dependents: -25- 0.5% of wages 1.0% of wages 1.5% of wages YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 For purposes of this subsection, "wages" means the top step patrol officer wage during the month of contribution and "dependent" means a spouse, child, or other individual eligible for medical coverage under the City of Yakima's Health Care Plan. Effective July 1, 2012, the parties shall revise the health insurance program. On that date the YPPA plan design will be outlined as in the 2011 Healthcare Plan Report as Option C. (c) Dental Care Coverage - The City shall pay the premium for active LEOFF I and LEOFF II employees and their dependents for dental care. (d) Retiree Coverage - Retirees and dependents of retirees may remain in the group plan until they reach age 65 or, in the case of spouses of deceased retirees until they reach age 65 or remarry whichever occurs first. Retirees and unremarried spouses of deceased retirees shall pay the premium (including dependents if enrolled) which shall be the same as the normal group rate assess for coverage of active City employees and dependents covered by this agreement. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. 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 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 -26- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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 assigned to the Crisis Negotiations Team shall receive two percent (2%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. Members assigned to the SWAT team shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. Section 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. Police Officers, Corporals and Sergeants assigned in writing by the Police Chief or designee to the Detective Division, as Traffic Investigators, Narcotics Investigators, Gang Unit Officers or to any Interagency Task Force shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month in such assignment. The City retains the exclusive right to, from time to time, select said Investigators, Detectives, Narcotics Unit and any Interagency Task Force members, and to determine the duration of assignment; provided, however, if the transfer is for disciplinary reasons, then nothing in this section prevents the employee from grieving the disciplinary transfer in accordance with Article 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 Police Chief. Section 4 - Education Incentive. Police Officers, Corporals and Sergeants shall be paid a monthly education incentive payment based on the following schedule: AA Degree or 90 college credits: BA Degree: MA Degree: 1.5% of their current base pay for that month 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 three percent (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 -27- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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 Police Chief to a position which requires operation of a motorcycle, such member shall be paid three percent (3%) of their current base pay in addition to their regular salary. Section 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/she 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 members 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. Section 11 — K-9 Officers. Employees assigned to K-9 duty shall receive a premium equal to three percent (3%) of their current base pay. ARTICLE 24 - SICK LEAVE If necessary, the City and the Association agree to re -open negotiation of this Article for the 2018 and 2019 calendar years in recognition of currently unknown financial requirements/potential tax implications of the Affordable Care Act. 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 -28- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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 5 Subsection C, items (4) and (5). Section 2 - Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: (a) Personal illness or physical incapacity resulting from causes beyond employee's control; (b) Quarantine of employee due to exposure to a contagious disease; (c) On-the-job injuries - In the event an LEOFF II employee is unable to work due to an on- the-job injury, said employee will be compensated by being kept on salary (KOS) and will continue to earn their regular wages and benefits, provided the employee complies with all the provisions of the City policy (Directive 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 RCW 51.32.090. The employee will be allowed to make an election regarding their time loss according to City policy. (d) In the event of a death in the employee's immediate family and upon approval from a supervisor, _the employee may use up_ to three days of paid bereavement leave _per _ 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; (e) Serious injury or illness to members of employee's immediate family living with and dependent upon the employee, constituting an emergency or crisis; any sick leave granted for this purpose must be recommended by the Department head and approved by the appointing authority; -29- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (f) (g) 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; (h) An employee will be entitled to use the employee's accrued sick leave to care for a child of the employee under the age of eighteen with a health condition that requires treatment or supervision or for a serious health condition or an emergency condition of a spouse, registered domestic partner, parent, parent -in-law, or grandparent. Section 3 - Requirements for All Paid Sick Leave. (a) Employees must report to the representative designated by the Department head the reason for the absence as far in advance of the starting of their scheduled work days as possible, but in no event shall this report be made later than the first day of absence. (b) Employees must keep their Department head informed of their condition if absence is of more than three (3) working days in duration. (c) For each absence an employee must submit upon the approved form an explanation of the reason for such absence consistent with federal and state law. A statement by the attending physician may be required if an absence by illness or injury extends beyond three (3) working days, or for each absence, if requested by the Department head. (d) Employees must permit home visits or medical examinations at the expense and convenience of the City consistent with federal and state law. Section 4 - Enforcement of Sick Leave Provisions. (a) Any failure to comply with the provisions of Section 3 shall be grounds for denial of sick leave with pay for the period of absence. (b) Misrepresentation of any material facts in connection with paid sick leave by any employee shall constitute grounds for suspension or discharge. (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; -30- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (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 5 - Sick Leave Exchange. Eligible employees may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions: (A) No exchange of accrued sick leave for additional leave days or for cash will be granted for those employees with seven hundred and twenty (720) hours or less of accrued sick leave except: (1) Upon retirement or death the employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay and deposited into the employee's VEBA account. Employees with 30 years of service to the City of Yakima or more, hours will be exchanged for pay at the rate of one hundred percent (100%) of the employee's current base pay, up to the maximum amount of $28,500. (2) Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be exchanged for pay at the rate of twenty-five percent (25%) of the employee's current base pay and deposited into the employee's VEBA account. Honorable termination includes layoff for budget reasons, as well as resignation with proper notice. (3) For employees with less than 30 years of service to the City of Yakima, payments authorized herein shall be the lesser of the amounts allowed in A(1) or A(2), or the percentage ratio of the employee's accrual versus 720 hours, applied to $22,000 but in no case shall such payment exceed $22,000. For employees with 30 years of service to the City of Yakima, payments authorized herein shall be the lesser of the amounts allowed in A(1) or A(2), or the percentage ratio of the employee's accrual versus 720 hours, applied to $28,500 but in no case shall such payment exceed $28,500. (B) Exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued seven hundred and twenty (720) hours or more subject to the following provisions: (1) Upon retirement or death, the employee's accrued sick leave up through a maximum of seven hundred and twenty (720) hours will be exchanged for pay at the rate of one hundred percent (100%) of the employee's current base pay and deposited into the employee's VEBA account. (2) Upon termination under honorable conditions, as distinct from death or retirement, the employee's accrued sick leave up to a maximum of seven hundred and twenty (720) hours will be exchanged for pay at the rate of fifty -31- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (3) percent (50%) of the employee's current base pay and deposited into the employee's VEBA account. The maximum amount allowable for payout is $22,000. For employees with 30 years of service to the City of Yakima or more, the maximum amount allowed is $28,500. (4) Employees who have accrued more than seven hundred and twenty (720) hours of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of three (3) days of sick leave for each additional leave day, not to exceed a total of three (3) added leave days annually. Employees may receive compensation in lieu of taking leave days, utilization of which would be subject to the scheduling and approval by the Department head. (C) Sick Leave Exchange Procedure. Eligible employees may exchange accrued sick leave as provided above at the option of the employee, subject to the following conditions and provisions: (1) A request for such an exchange shall be made to the Director of Finance and Budget via the Department Timekeeper. All requests shall be in writing and shall be signed by the employee making the request. (2) Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Director of Finance and Budget. Exceptions to the above will be made for termination, layoff or disability retirement. (3) No request will be granted for less than eight (8) hours' pay or eight (8) hours additional leave. (4) No exchange will be granted to an employee who has been terminated for cause, as defined by civil service. (5) In the event of layoff, exchange requests are the responsibility of the employee. Section 6 — VEBA. Employees shall participate in the employer sponsored VEBA program the Association has established. ARTICLE 25 - TRANSPORTATION Section 1 - Mileage Reimbursement. The City shall pay each officer for his use, at the request of the City, of his personal auto. The mileage reimbursement rate will be tied to the mileage rate permissible under IRS regulations. Section 2 - Reserved Parking. In the event the current City parking lot is no longer available, then a minimum of ten (10) parking spaces shall be reserved in proximity to the Police Station/ Legal Center -32- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 for Association members whose shifts begin after noon. Use of said spaces shall be controlled by permit issued by the Police Chief or designee. ARTICLE 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 Members will normally be given adequate advance notice of any change in their regular hours of work, except where an emergency exists [an emergency is defined as an event unforeseen by the Department, affecting the Department's ability to perform its mission]. Posting shall constitute adequate notice. Notice given less than forty-eight (48) hours before the employee is to begin work under the changed schedule entitles the member to compensation at the overtime rate for those hours not exceeding eight -33- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 (8) hours that are earlier, later, or different from the hours they last worked in a work day. A member is not entitled to compensation at the overtime rate if they are otherwise entitled to compensation under the same hours of work. ARTICLE 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 A member shall be compensated for all off -duty time that he/she spends as a witness before the Civil Service Board or arbitration hearing at the same rate and in the same manner as he/she is compensated for Court Time; provided that the Association or the employee (when proceeding on an individual basis) will only call witnesses who are reasonably necessary for a reasonably necessary duration. Time spent as a witness at such proceedings outside of regular working hours shall be compensated at time and one-half (1.5) on an hour for hour basis with no call back minimum. ARTICLE 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. -34- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 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/her normal pay during such military leave period when taking part in active training duty. Section 2. — Civil Leave. Necessary leave will be provided to permit an employee to serve as a member of a jury or to exercise other civic duties. Employees will remain in full employment status and will receive their full salary during periods of civil leave, however, any compensation received for performing civil duties must be remitted to the Finance Department. ARTICLE 35 - OFF -DUTY EMPLOYMENT Section 1 - Duty to Inform Police Chief. Any employee who desires to take any additional employment not relating to the use of commission authority during off -duty hours shall inform the Police Chief in writing at least seven (7) calendar days prior to the date of anticipated off -duty employment. The employee will fully describe the location and nature of the work to be performed, the proposed work hours, all items, if any, of Department equipment proposed to be used, and the anticipated duration of the employment. The Police Chief or his designee shall respond to the request within 72 hours excluding weekends and any holidays. This section does not apply to off -duty employment which has been specifically pre -approved by memo or Special Order from the Police Chief. Section 2 - Authorization for Off -Duty Employment. Prior to accepting off -duty employment not relating to the use of commission authority, an employee must obtain specific written authorization from the Police Chief. The Police Chief may suspend, modify, deny or terminate off -duty employment at any time for reasons including, but not necessarily limited to, the following: a. Incompatibility with the employee's city work schedule or interference with the employee's ability to perform his or her regular Police Department duties. b. Conflict with Department goals, objectives, policies or procedures. -35- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 c. Nature of work is inconsistent with the professional image of the Department or creates an appearance of impropriety. d. Unusual illness or absence record prior to or following hours of off -duty employment. e. Work associated with premises where intoxicants are served for consumption, at the discretion of the Police Chief. f. Work associated with a political party, candidate, or issue, or may give the appearance of an endorsement of a particular business, product or service. g. Work would result in an unreasonable competition with a private business. Section 3 - Use of Department Uniforms and Equipment. It is at the sole discretion of the Police Chief to authorize or deny the use of any and all items of Department -owned and/or issued equipment in the course of off -duty employment. No Department owned and/or issued equipment will be used for off - duty employment without the specific prior written approval of the Police Chief. 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 Police Chief or designee for appropriate assignment depending upon availability. It is understood that this off -duty work for other organizations is to be paid at the rate of 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 Police Chief or designee, on behalf of the City, would attempt to obtain from a prospective off -duty employer an indemnification and defense agreement and/or proof of adequate liability insurance coverage prior to approving off -duty employment, including a requirement that the City be named as an additional insured on the insurance policy. Section 6 - Off -Duty Employment Prohibited for Certain Employees. Employees who are on suspension or sick/disability leave or administrative leave or who are on entry-level probationary status are generally prohibited from off -duty employment, unless specifically exempted from this provision by the Police Chief. Section 7 - Obligation to Department. The primary obligation and responsibility of all employees is to the Police Department. Employees who are directed or required to perform overtime or other Department -related work_ willdo_ 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. -36- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 ARTICLE 36 — LAYOFFS Whenever it becomes necessary through lack of finances or other cause to reduce the force, persons to be laid off shall be given at least a four (4) week notice and the order of layoff shall be accomplished in the following manner: a. Persons serving in a temporary capacity within a classification to be reduced shall be first laid off in order of seniority, least senior first; b. Those still serving their probationary period within a classification to be reduced in order of seniority, least senior first; c. Those whose appointments are complete within a classification to be reduced in order of seniority, least senior first. d. Seniority for the purpose of this article shall mean accumulated time in employment within a particular classification within a department excluding leaves of absences in excess of 90 days and time off due to suspensions without pay. In the event of identical accumulated time within the affected classification, the order of hire or promotion shall determine seniority. 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 — POLICE CORPORALS Candidates for the position of Police Corporal shall have a minimum of five (5) years of service with the Department. Corporals shall be assigned to the patrol division upon promotion with a maximum of one corporal per shift per team. The department may establish Corporal positions as needed in other divisions, and Corporals from the patrol division may apply for transfer to those positions. -37- YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 ARTICLE 38 - DURATION This agreement shall be effective on January 1, 2016 and shall continue through December 31, 2019. Executed by the parties hereto this % day of Yakima Po ice Pat By: By: ans Association City of Y. kima an of YPPA c/12/4// Secretary of YP CITY CONTRAC r NO: Ogg RESOLUTION NO: P-;(J- - �,5) By: By: -38- , 2015. Manager Chief of Police YPPA Collective Bargaining Agreement January 1, 2016 — December 31, 2019 APPENDIX A January Yakima Police Department 2015 Patrol Squad Schedule February April July ©©o©moo ©6 11 EDm® 16 mamma 26 J October ©mo©mo© ©6 E 8 ILL 14m 16m Blue work day Gold work day ©©a©©oo WIC ® 16 m ® 24 ®26 ,ice 4 May August ©ma©moo ©©13 1oMIMED 1920®m 29 November ©oa©mo© ©©o©1 M®® 14 ®® 24 March ©ma©mo© r- o©6 0 gra 16m ®m® 26 June September December o©©o© 9 10 M® ED 19 Training day for squads n Team overlap but no beginning their week training Restricted Days Off: May 1, July 4, Fair Week & Dec 31 I APPENDIX B YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY This Policy has been agreed to by the parties and shall become part of the current labor agreement between the City of Yakima and the Yakima Police PatroImnan's Association. All applicable articles of the contract shall apply to this Policy. A. PURPOSE This policy supersedes City of Yakima Substance Abuse Policy — Part I to the extent Part I applies to YPPA members. The City of Yakima recognizes that employees are our most valued. resource. The Department expects that all law enforcement officers are physically, mentally, and emotionally capable of fulfilling and carrying out their assigned duties, and has a responsibility for providing a safe working environment. The City of Yakima and the Yaldma Police Patrolman's Association have a mutual interest in ensuring that substance -impaired employees do not perform law enforcement duties. In order to protect the health, welfare, and safety of its employees and the citizens whom they serve, the following policy regarding substance abuse in the workplace is adopted. B. POLICY 1. It is the policy of the City of Yakima to provide an alcohol- and drug -free workplace .for its employees. 2. The City's philosophy on substance abuse is to emphasize prevention, training, rehabilitation, and recovery from substance abuse. Counseling and support will be made available through an Employee Assistance Program, and the employees' right to privacy will be respected at all times. 3. It is the responsibility of the City and the Association to preserve and protect public trust, public safety, and fitness for duty. 4. It is the responsibility of all employees to report for duty and be able to perform their jobs safely and effectively, unimpaired by drugs, alcohol, or any other intoxicating substance. Employees must remove themselves from service if they are unfit for duty. 5. The illegal possession, manufacture, use, Bast ibution, or sale of, unlawful drugs, drug paraphernalia, or other prohibited substances is prohibited. 6. The possession, manufacture, use, distribution, or sale of alcohol on City premises (including City vehicles) or while on duty at any time is prohibited. Alcoholic beverages that are properly stored, unopened, in the trunk of an employee's private vehicle on City property will not be considered a violation of this policy. C. APPLICABILITY This policy applies to all bargaining unit employees through the rank of Sergeant. D. DEFINITIONS For purposes of this policy, the following terms have the meanings indicated: 1. Alcohol use means the consumption of arty beverage, mixture, or preparation, including any medication, containing alcohol. 2. Confirmation Test. A confirmation test means a second analytical procedure to identify the presence of a specific prohibited substance or prohibited substance metabolite in urine which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. 3. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of criminal drug statutes. 4. Counseling means participation in a substance abuse treatment or rehabilitation program. 5. Criminal drug statute means a criminal law involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. 6. Drug Test. A method for determining the presence of controlled 'substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in49 (_.Nil part 40, as amended. 7. Ernployee means a YPPA bargaining unit member. 8. Fa' ' ig a Drug andLor Alcohol Test. Failing a drug and/or alcohol test means that the test showed positive evidence of the presence of a prohibited substance in an employee's system that is at or above a determined •threshold -level. This determination is made- by --the IvIRO.. -. - • Failing a drug and/or alcohol test shall be referred to as "testing positive". - Ernployees who refuse to take a drug and/or alcohol test when requested to do so shall be considered to have failed the substance test. 9. Medical Review Officer (MRO) is a Iicensed•physician with knowledge of substance abuse disorders and familiarity with the characteristics of laboratory tests selected by joint agreement between the parties to receive positive drug test results from the laboratory, analyze and interpret the results, and report to the City those results as outlined in Section I of this policy. 10. Passing a Drug and/or Alcohol Test. An individual passes a- drug and/or alcohol test when an MRO determines that the results of the test: a. Showed no evidence of a prohibited substance or prohibited substance metabolite; b. Showed evidence of a prohibited substance or prohibited substance metabolite for which the employee has a prescription; c. Showed evidence of a prohibited substance or prohibited substance metabolite below a determined threshold level; or d. Were suspect because of irregularities caused by persons other - than the employee in the administration of the test, observation, or custody and control procedures. Passing a drug and/or alcohol test shall be referred to • as "testing negative". 11. Prohibited Substances are those substances whose dissemination is regulated by law, including, but not limited to narcotics, depressants, stimulants, hallucinogens, cannabis, and alcohol. For the purpose of this -policy, substances that require a prescription or other written approval from a licensed health care provider or dentist for their use shall also be included when used other than as prescribed. The drugs and/or their metabolites that are included in these categories are as follows: 1. . marijuana 2. cocaine 3. opium or opiates 4. phencyclidine (PCP) 5. amphetamines or methamphetamines 19. Reasonable suspicion means facts and circumstances sufficiently strong to lead a reasonable person to suspect that the employee is under the effects of drugs -and/or alcohol. •• 3 13. Representation means union or legal.representation. 14. Refusal. to Submit means an employee fails to provide adequate urine or breath for testing without a valid medical explanation, the employee engages in condudt that obstructs the testing process, or the employee does not cooperate fully in the collection process. Examples of refusal to submit include the following: a. Failure to appear for a test. b. Failure. to remain at the testing site until the testing process is complete. c. Failure to permit the monitoring of 'the provision of a specimen. d. Failure to take a second test as directed by the collector. e. Tampering with or attempting to tamper with a urine sample. f. Failure to provide necessary documentation to the MRO when requested. g. Failure to complete all required forms and documents. 15. Screening Test. A screening test means an immunoassay screen (or other Department of Health and Human Services (DHHS)-approved test) utilized to eliminate "negative" urine specimens from further consideration. 16. Substance abuse means the use of a substance, including medically authorized drugs other than as prescribed for the user, which impairs job performance or poses a hazard to the safety and welfare of the employee, the public, or other employees. 17. Substance Abuse Professional (SAP) is a licensed physician, psychologist, social worker, employee assistance professional, or addiction counselor certified by the National Association of Alcoholism and Drug ,Abuse Counselors Certification Commission with knowledge of and clinical experience in .the diagnosis and treatment of drug and alcohol -related disorders. 18. Unreasonable Delay meals a delay of the testing procedure for a period of time, as defined by the collection site or laboratory personnel, which could render the test useless or inaccurate. E. EDUCATION Communicating this policy to employees is important to its success. Therefore, all' covered • employees •shall. receive- one .written copy of -this policy upon its 4 implementation and all new covered employees will receive one copy during employee orientation. In addition, pursuant to the provisions of the Drug -Free Workplace Act of 198S, the City will establish an education and training program to assist employees to understand and avoid the perils of drug. and alcohol abuse. The City will use this program in an ongoing educational effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. • The City's program will inform employees about: • The dangers of drug and alcohol abuse in the workplace; • The City's policy of maintaining a drug- and alcohol -free workplace; e The availability of drug and alcohol treatment, counseling and rehabilitation programs; and • The penalties• that may be imposed upon employees for drug and alcohol abuse violations._ As part of its program, the City shall provide educational materials concerning: • This Policy; • The effects of alcohol and drug use on an individual's health, work and personal life; • Signs and symptoms of an alcohol or drug problem; and • Available methods of intervening when an alcohol or drug problem is suspected, including confrontation and/or referral to management. • In addition to the training above, the City shall provide annual training to supervisors who may be asked to determine whether reasonable suspicion exists to require an employee to undergo drug and/or alcohol testing. The supervisory training shall include training on alcohol abuse and drug use. This training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol. abuse and drug use. Supervisors who have not received the initial training described above will not be asked to determine whether reasonable suspicion exists to initiate drug/alcohol testing. However, these supervisors may request another supervisor who has undergone this training to make the determination. F. EMPLOYEE RIGHTS AND RESPONSIBILITIES 1. The City shall not require an employee to undergo a reasonable suspicion drug and/or alcohol test unless there is reasonable suspicion to indicate the employee is under the influence of a substance which causes the employee to pose a hazard to the safety of the employee, the public, or other employees. 2. It is the employee's responsibility to report for duty, able to perform his/her job safely and effectively, unimpaired by drugs, alcohol, or any other intoxicating substance. 3. The appropriate use of legally prescribed drugs and over-the-counter medication is not prohibited. Employees are responsible fox: obtaining from their health care provider adequate information about the effects of prescription medication on job performance and promptly notifying his/her supervisor of same; or promptly notifying his/her supervisor of the effects on job performance of over-the-counter medication being taken. It is, however, the employee's responsibility to inform health care providers of the employee's job duties, obtain from their health care provider adequate information about the effects of prescription and over- the-counter medications on job performance, and report to his/her supervisor the possible effects of any medication may have on job performance that may create a direct threat by impairing job performance of safety -sensitive functions. 4. Employees are prohibited from possessing, manufacturing, using, distributing or selling alcohol, controlled substances or drug paraphernalia on City premises (including City vehicles) or while on duty. For purposes of this policy, "on duty" time includes meal and break periods during the work day. Alcoholic beverages that are properly stored, unopened in the trunk of an employee's private vehicle on City property will not be considered a violation of this policy. 5. Employees are encouraged to request assistance with drug use and/or alcohol abuse problern(s), with the understanding that a voluntary request for assistance will not be used as the basis for disciplinary action. However, a request for assistance shall not be used to exempt employees from job performance requirements. 6. In accordance with the Drug -Free Workplace Act of 1988, an employee who. is convicted of a violation of a criminal drug statute shall notify the City's Human Resources Manager no later than 5 days after such conviction, 7. Employees have the right to challenge any discipline imposed in accordance with the Grievance procedure of this contract. 8. Positive drug tests will automatically trigger a test of a second specimen. The test of the second specimen must be processed at a different Department of -Health and -Human Services certified laboratory than the laboratory that tested the primary specimen. The City will pay the cost of the split specimen test. 9. Employees having knowledge of another employee's condition/behavior that poses a potential threat to the safety of employees and/or the public shall immediately advise their immediate supervisor. 10. Employees may have an Association representative or legal counsel present at the collection facility. However, the lack of Association representation or legal counsel shall not cause unreasonable delays in the collection process. 11. Employees shall fully cooperate in the collection process. G. DETECTION 1. Reasonable Suspicion. An employee may be required to undergo a reasonable suspicion drug and/or alcohol test when reasonable suspicion exists to indicate that the employee is under the influence of drugs or alcohol. The decision to conduct a reasonable suspicion drug and/or alcohol test shall be iriade by a reporting supervisor and the next highest-ranking supervisor .on duty. For purposes of this policy, acting officers are considered supervisors. The higher of the two supervisors will make timely notification of the situation to the department head or the department head's management level designee and the Human Resources Manager or his/her designee. Refusal to submit a drug and/or alcohol test authorized by this policy shall be grounds for discipline, up to and including discharge. 3. Searches. (a) (b) The Department has the right to search, without employee consent, City -owned property to which the employee has -no reasonable expectation of privacy. These are may include office space, desks, file cabinets and the like, that several different individuals may use or access. A reasonable expectation of privacy shall exist for personal containers marked and locked inside an Officer's desk drawer. If an employee's consent to search is first obtained, the Department shall have the right to search private property belonging to -the- employee, such .as -a personal equipment bag, i (c) brief case, or private vehicle. If such consent is given, the employee shall have the right to Association representation during the search. If the Department requests the employee's consent to search, the Department shall first inform the employee that: (1) (2) (3) The Department has reasonable suspicion to suspect that evidence exists within the area or item to be searched which could be used in disciplinary and/or legal proceedings against the employee; and The employee has the right to Association representation during the search if consent is givers; and Refusal to.give consent to search will not be considered by the Department to be an admission of guilt or cause for disciplinary or retaliatory action. (d) An employee's refusal to give consent to search shall not prelude the Department from conducting a search according to and in the manner authorized by law. H. TESTING PROCEDURES 1. Drug and alcohol testing shall be conducted in a mariner designed to protect employees' privacy, protect the integrity of the testing process, safeguard the validity of test results, and ensure that those results are attributed to the correct employee. The City and Association agree that if the security of a urine, breath, or blood sample is compromised in any way, any positive test resulting from that sample shall be invalid and may not be used fur any purpose except to the extent the employer can prove the employee spoiled the test. 2. Employees who are required to undergo a reasonable suspicion drug and/or alcohol test will be provided transportation to the collection facility and shall also be offered transportation home by the Department representative. 3. Employees may have an Association representative present at the collection facility for a reasonable suspicion drug and/or alcohol test However, the lack of Association representation shall not unreasonably delay the collection process. 8 4. Employees required to undergo a drug and/or alcohol test shall cooperate fully in the collection process and complete allrequired forms and documents. These forms may include a Consent/Release form and an Interview Form, 5. Urine samples for drug testing shall be collected at a collection site in the City of Yakima mutually selected by the City and Association. The urine sample is produced by the employee alone in a restroom. The medical technologist will examine the restroom before and after to ensure 'that no other samples were present and that no substances were available for tampering. Each sample shall be subjected to a laboratory testing protocol to detect tampering. The medical technologist will take the sample, seal it, label it with the employee's identification, and sign a document that begins a formal chain -of -possession procedure, Each person who handles the sample, including the person who performs the tests, will sign the document. When not being handled, samples are stored in a Iocked refrigerator. The purpose of this procedure is to ensure that samples do not get switched during testing. Any specimen that tests positive for drugs shall be retained in long-term frozen storage by the laboratory conducting the analysis .for one year. 6. If medical personnel at the collection site have reason to believe that an adulterated or substituted sample has been provided (or that the employee may alter or substitute the sample), the employee will be required to submit a second sample (or an original sample, in the case of an employee providing a substituted sample). This collection shall be under the direct observation of a same gender collection site staff person. The employee will be required to provide the additional or original sample during an observed collection prior to leaving the collection site. '7. Urinalysis will be performed at a test laboratory certified by the U.S. Department of Health and Human Services (DHFIS) and mutually selected by the City and the Association. Drug testing by urinalysis involves an initial screening performed by the enzyme multiplied immunoassay test (EMIT). Any positives testis then confirmed by a. second test of the same sample by Gas Chromatography/Ivlass Spectrometry (GC/MS). Prescription information will not be requested from an ,employee prior to laboratory testing. The City's designated MRO shall receive and interpret test results. Laboratory urinalysis of urine specimens shall be restricted to those test authorized by this policy to detect drug use. They shall not be used for other purposes such as the analysis of physiological states or diseases. The laboratory shall test for only the substances and within the Ihnits as follows for the initial and confirmation tests: • Initial Tests AIcohol.02 g/210 ml expired air Marijuana metabolites 50 ng/ml Cocaine metabolites 300 ng/mI Opiate metabolites (1) 300 ng/rn1 Phencyclidine 25 ng/m1 Amphetamines. 1000 ng/m1 (1) If immunoassay is specific for free morphine the initial test level is 25 ng/ml. Cortfirination Test Alcoho1.02 g/210 m1 expired air Marijuana metabolites 15 ng/m1 Cocaine metabolites 150 ng/ml Opiates Morphine 300 ng/m1 Codeine 300 ng/rnl 6-acetylmorpliine 10 ng/nit Phencyclidine 25 ng/rnl Amphetamines Amphetamine 500 ng/ml Methamphetamine 500 ng/ml 8. Alcohol shall be tested by means of a Breathalyzer machine currently in use (B.A.C.) or future equipment which may supersede the B.A.C. machine (but excludes the P.B.T. device). Breathalyzer alcohol tests shall be conducted in private at the collection site mutually selected by the City and the Association. The testing shall require two breath samples within the proper variance. If the initial test (comprised of the two breath samples) indicates an alcohol concentration of .02 or greater, the employee may choose to allow a second test to confirm the results. The second confirmatory test shall be by means of a blood draw using a .02 blood alcohol concentration level to measure .a positive test. If the employee chooses not to take the second confirmatory test, the first test will be used to determine alcohol concentration. 9. Upon written request to the Hunan Resource Manager by the employee, the City shall make one legible copy of the results of his/her drug and/or alcohol tests available to the employee. 10 10. All information collected in the process of conducting a drug and/or alcohol test shall be treated as confidential information. These files shall be separate from the personnel file, sealed, and maintained in a secure medical file. Except as required by law or authorized by the employee, the City shall not release such records. Test results obtained pursuant to this policy shall not be used as the basis for criminal investigation. 11. Employees who refuse or fail to fully cooperate in the collection process may be subject to discipline up to and including discharge. Examples of a failure to fully cooperate include such actions as refusing to sign the necessary consent/release forms; delaying and/or obstructing the collection process; failing to provide the specimen for testing; and attempting to substitute or adulterate a specimen. The foregoing list is not intended to be an. all-inclusive list. City management shall, in all circumstances, have the final right to determine the appropriate level of discipline depending on the specific circumstances, the employee's performance record, and any other pertinent facts. L REPORTING OF RESULTS I. Alcohol Test Results. a. Negative Test Results. If the test result is below 0.02 g/210 ml expired air, the laboratory or collection site personnel will report to the Chief or his/her designee that the employee tested negative for alcohol. b. Positive Test Results. If the test meets or exceeds 0;02 g/210 ml expired air, the laboratory or collection site personnel shall report to the Human Resources Manager that the employee tested positive for alcohol. The Human Resources Manager will report • the results to the appropriate City personnel. 2. Drug Test Results. a. Negative Test Results. Laboratory personnel will advise the Police Chief or his/her designee directly of all negative drug test results. b, Positive Test Results, The City shall have a designated Medical Review Officer (MRO), to review and interpret any positive drug test results. The laboratory will advise only the MRO of any positive drug test results. The .MRO must examine alternate medical -explanations for any positive test results. This process • shall include a request for an interview with the affected employee and review of the employee's medical history and any other relevant biomedical factors. The MRO must review all medical records made available by the tested employee when a confirmed positive test could have resulted from legally prescribed medication. Employees involved in this step of the examination shall make themselves and any relevant records they wish. to present available to the MRO within 48 hours after request. After reviewing the incident file and interviewing the employee, the MRO shall report to the Human Resources Manager the name of the employee and whether .a positive test of a prohibited substance has been verified. The Human Resources Manager shall report the results to the appropriate City personnel. The employee shall be placed on administrative leave status pending completion of the investigation and/or disciplinary action, and/or return to duty. 3. Rehabilitation Program. If the tested employee is referred on to rehabilitation or treatment, the MRO is authorized to communicate specific results to the Substance Abuse Professional (SAP) or counselor overseeing the employee's treatment program, 4. Grievance. The laboratory and/or the MRO will be authorized to release specific test results to the City and the Association in cases of a grievance and/or legal challenge. DISCIPLINE AND TERMINATION Employees who violate the drug and alcohol policy will be subject to a range of disciplinary consequences depending upon the severity of the violation, the employee's past performance record, and other relevant facts and circumstances. In all cases, the City reserves the right to determine the appropriate disciplinary and/or rehabilitation response subject to the collective bargaining agreement, Police Civil Service Rules and Regulations, and all other applicable rules and.regulations. 2. Employees are subject to disciplinary action, up to and including discharge, for any of the following: . a. Refusal to submit to a drug and/or alcohol test. b. Drinking alcoholic beverages or using prohibited substances while 12 on duty (including breaks and meal periods), on City property, or in City vehicles. c. Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any prohibited substance, while on duty (including breaks and meal periods), on City property, or in. City vehicles. d. Any criminal drug statute conviction and/or failure to notify the City within 5 days of such conviction e. Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP. f. Testing positive in a drug and/or alcohol test. g. Failure to report to a collection site as directed. h. Disclosing the identity of an officer selected for unannounced testing or the fact that un unannounced selection is scheduled to. take place prior to the collection of urine specimens. i, Any other violation of this policy. K. REHABILITATION AND RETURN TO DUTY 1. As required by the Federal Drug Free Work Place Act of 198E (Pub, L. 100-690, Title V, Subtitle D), within 30 days of the City's receiving notice that an employee has been convicted of violating a criminal drug statute in the workplace, the City will take appropriate personnel action up to and including termination or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. 2. The City recognizes that substance abuse can be successfully treated, enabling an employee to return to satisfactory job performance. The City offers - employees the use of counseling and rehabilitative services in accordance with the terms of its benefit programs, including the City EAP. Employees are personally responsible for seeking treatment for substance abuse and are responsible for all costs not covered by insurance or otherwise paid for by the City. Employees who are concerned about their own drug use and/or alcohol abuse are encouraged to voluntarily seek assistance through the City's EAP. All such voluntary requests for 13 assistance will remain confidential. 3. Rehabilitation a. Any employee who tests positive for a prohibited substance, and is not terminated from employment, shall be referred to an SAP for a medical evaluation, counseling and/or rehabilitation treatment. If the employee is required to participate in such a program, his/her reinstatement or continued employment shall be contingent upon: 1) Successful completion of the program and remaining drug- and/or alcohol -free for its duration; and 2) Passing a retum to duty drug and/or alcohol test as recommended by the SAP; and 3) Obtaining a final release for duty by the SAP (the final release for duty may be preceded by a temporary release for duty): 4) Nothing in this section prohibits the City from disciplining or terminating an employee who tests positive for a prohibited substance. . b. Employees who successfully complete a rehabilitation program and are .released for duty, in addition to being subject to reasonable suspicion testing at any tithe pursuant to this policy, will be subject to follow up testing, which involves unannounced drug and/or alcohol testing at least 6 times during the following 12 months. The SAP will determine the dates for these drug and/or alcohol tests. The SAP will communicate these dates to the Human Resources Manager, who will inform the appropriate Police Department supervisory persorulel to schedule these dates with the employee. The appointment for the collection will be made in advance and maintained in a confidential manner by the Department until the day of collection.. The Department shall provide the supervisor with adequate notice of the test dates. The employee will not be notified until just prior to the testing. The employee may request an Association representative to accompany him/her to the collection site, provided the sample is collected without unreasonable delay. c, Upon notification of selection for the follow up tests, the employee must proceed directly to the collection site for testing. d. Refusing to submit to .a return to duty. or .a follow-up test will he considered grounds for discharge. If the selected employee fails 14 to report to the collection site without unreasonable delay this will also be considered grounds for disciplinary action up to and including discharge. 4. Employee Self -Referral Rehabilitation a. If an employee voluntarily enters a drug/alcohol rehabilitation program, it shall not be considered an offense under this policy. Such employees are, however, still subject to this policy and may be required to undergo drug and/or alcohol test if reasonable suspicion exists. Employees who voluntarily enter a drug or alcohol rehabilitation program shall be required to use sick leave, vacation, holiday leave bank, compensatory time, or leave without pay. All appointments with the SAP may be scheduled as vacation, sick leave, or leave without pay pursuant to City policies. b. The employee will be responsible for all costs, riot covered by insurance, which arise from such treatment. 5. Return to Duty. The employee will not return to work until the employee has a release for duty from the SAP and has .passed a return to duty drug and/or alcohol test as recommended by the SAP. The release for duty may be a temporary or final release as described below, depending on the circumstances. a. Temporary Release for Duty. The SAP may sign a temporary release for duty indicating that the employee can satisfactorily return to regular work assignment and continue treatment on an outpatient basis. The temporary release for duty shall indicate the length of time such release is valid not to exceed 4 months. The employee must present a final release fox duty on or before the expiration date of the temporary release. A temporary release shall include follow up testing. The employee must present both the temporary and final release for duty to his/her supervisor. b. Final Release for Duty. A final release for duty may be signed by the SAP indicating that the employee has: 1. Satisfactorily completed treatment and follow up testing; or 2. Does not require treatment at this time, and the.employee 15 may return to regular work assignment without restrictions. Failure to provide a final release for duty to the supervisor may result in disciplinary action up to and including discharge. 6. Other Conditions Upon Return to Work a. Once an employee provides the supervisor with a final release for duty, the employee may be returned to his/her regular duty assignment. Any records in the employee's personnel file regarding the incident will be retained and purged in accordance with the collective bargaining agreement. • b. If an employee tests positive during the 24 month period following rehabilitation, the employee will be subject to discipline, up to and including discharge. L. OTHER 1. The City shall pay for drug and alcohol testing including the expenses of the Medical Review Officer. J 2. This policy was initiated at the request of the City and the Employer shall assume sole responsibility for the administration of this policy. The City agrees to indemnify and hold the Association and its officers harmless from any and all claims of any nature (except those arising from the negligence of the Association and/or its officers) arising from the Employer's laboratories, or Medical Review Officer's implementation of this policy. 3. The parties recognize that there may be improvements in the tednnology of testing procedures which provide more accurate testing for on-the-job impairment or which constitute less invasive procedures for the employees. In that event, the parties, upon request of one to the other, will bargain in good faith whether to amend this procedure to include such improvements. If the parties are unable to agree, the issue will be submitted to impasse procedures under RCW 41.56. 4. .If any provision of this policy shall be held invalid by operation of law or any Tribunal of competent jurisdiction, of if compliance or enforcement of any provision should be restrained by such Tribunal pending final • determination as to its validity, the remainder of this policy shall not be held to be invalid, and will remain in full force and effect, and the parties, upon request of one to the other shall initiate immediate negotiations for 16 the purpose of axriving at a mutually satisfactory replacement of such provision. .5. The following attachments shall be a part of this Policy: SergeanE's Guidelines. for Reasonable Suspicion Testing, and City of Yakima Police Department Drug and Alcohol Policy Reasonable Suspicion Test Forth. CITY OF YAIaMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY SERGEANTS' GUIDELINES FOR REASONABLE SUSPICION TESTING The primary goal of the Drug and Alcohol Policy is to provide a working and service delivery environment free from the effects of alcohol/drug abuse. The Sergeant's role is to identify employees who may be a threat to the safety and welfare of the. employee, other employees,. and the public by being under the influence of drugs and/or alcohol while on -duty. Such employees must be removed from the workplace. 1. Once you become aware that an employee is or may be impaired by drugs or alcohol, contact your appropriate command staff and explain the situation. 2. If your command staff decides that the test is appropriate, relieve the employee of duty with - pay during the course of the exam and MRO review. 3: Complete a report describing the basis for the test including observable behavior. You may use the Yakima Police Department Drug and Alcohol Policy Reasonable Suspicion Test Form as a guide to help you complete your report. 18 CITY OF YAKIMA POLICE DEPARTMENT DRUG AND ALCOHOL POLICY REASONABLE SUSPICIION TEST FORM (CONFIDENTIAL) Employee Name: Date/Time of incident: Supervisor 41 Name: Supervisor 7112 Name: The following information should be provided when facts and circumstances provide reasonable suspicion that an employee is under the influence of drugs or alcohol. The supervisor(s) should document all pertinent facts and circumstances. Check each appropriate box and make any additional notes or comments in:the spaces provided. • A. CONTRIBUTING EVENT/CAUSE FOR SUSPICION o Employee appears to be impaired by alcohol or drugs. o Employee used an unlawful prohibited substance in the work place. o Supervisor observed abnormal or erratic behavior (list below.) o Employee refused to submitto or willfully interfered with drug or alcohol testing required in accordance with this policy. o Other (Example: flagrant safety violations, accidents, incidents, fighting or argumentative/abusive language.) B. BEHAVIORS OF CONCERN C. o Verbal abusiveness/explosive angry behavior o Physical abusiveness/fighting o Impaired memory/perception/judgment o Mood swings or unpredictable behavior o Avoiding others/withdrawal o Other behaviors of concern (Example: hyperactivity, hallucinations, disorientation, etc.) OBSERVED SIGNS AND SYMPTOMS Erratic or drunken behavior Mood swings Verbal abusiveness Odor of alcohol/marijuana Disoriented or Impaired Shallow breathing Shaking or tremors Slowed responses/lethargic 19 Secretive behaviors Physical abusiveness/fighting Dilated pupils/constricted pupils Weak.rapid pulse Memory/perception/judgment Explosive/angry behaviors Clammy skin Nausea/vomiting Drowsiness/fatigue Red/bloodshot or watery eyes Runny nose, sores around nostrils Increased pulse or blood pressure Loss of appetite/insatiable appetite Drug paraphernalia Insomnia/sleeping disorders Needle "tracks" Lack of concentration Poor muscle control/coordination Increased alertness/hypersensitive Social detachment or isolation. Psychological dependency Illogical speech and thought process Irritability Sudden increase in absenteeism D. WRITTEN SUMMARY Dizziness Psychosis Illusions/haIlucinations Anxiety/anxiousness Dry mouth Euphoria Nervousness Slurred speech Increased body temperatures Convulsions Flashbacks Unpredictable behavior Preoccupation Overreaction to criticism Anxiousness Please summarize The facts and circumstances. Include any observations, comments, questions or employee responses made through direct observations, details of' incidents, or third party reports. Be specific. Please note the date, times and locations of all pertinent information. Attach additional sheets if necessary. Signature of Supervisor #1 Date and Time Signature of Supervisor #2 Date and Time 20 l APPENDIX C nesa ,urIDN Ha: D 5 St 2 0 A HESOLaT.FDH providing for both repeal of prior resolutions far indemnification agalnet personal iiaYbility for City personnel and .for provision of broader. coverage of City personnel.. WHEREAS, the City %as been unable to cbts^ a liability insurance except far coveraigethat parries a $100400.611 aelt- insuredi retention feature; and. the City hat beer, enable to• obtain police: professional insurance and eerrore and orsieaion insurance • except for coverage that ix subleet to a $10,.00Ei.00 deductible ee feature; and it is unknown whether the City will continue to retain that coverage, or any other, in the ftzttxre.l and vnE REkS, in the interest of attracting candidates for elected City pot iti na, ,and in the interest at recrtu_ti'ng and retaining City officers, employees.,, police voluntee>rr, and members of City boards and commissions., witbdxut exacting them to per rdzxra.1 liability under the retention •or deductible tea-, tunes of the. Cityt s ezi.eting insurance palieiex or in the event no coverage may eziwt in the .future, and its accordance with Sections..15.21.205 and 36.16..13S, and Chapter 46.62, all of the Revised Code of Xath.i,ng.tarc, the City Council deems it to be in the best interests of the. City. that City elected and appointed officers, employees, police volunteers, and members, of City boards and commissions, be .indemnified from personal liability ist their conduct of City affairer and - WHEREAS., Resolution Nos. ID-5253• and D-5456 have not provided. indemnification • -coverage far police volunteers +oho perform valuable service for the City of :3lkima, now, there- fore, BE IT' 'RE•SOLVED B f 'T.HE CITY COtJ Cfl, :aF THE CITYOF F 1'FirrMm :: Section 1., Ressolutipn NOR, D-S2.33 and D-5456, enacted respectively. March 25, 15E6 and May i7 1988, by the city council of the City of Yakima and each and every section thereof, •&re hereby repealed. - 1 - (Tee/repeal-Pc) section 2.. Simultaneous with the rape_.. of Resolution Ifo.t. D-5232 and D•-5456 as effected by Section 1 of this reso- lution, the following is hereby enectedr 'Section 4.e The City shall defend and indemnify • a.11 person who bold positions in the below -Listed catego- ries against all actions.f claims or other proceedings threatened or invtituted igeinet the and which arise fros the. performan_m., purported pereg}rsztoes or .failure of performance of their. duties for or employment with the city; and the City shall hold the harmless from all expenses and liability connected with the defence or settlement of such claims and from. iiabili:ty for m.rpy monetary fine or judgment entered in at much action or proceeding, Covered categt rier.r City of Yakima .elected or .appointed officers., City of skims employees, Membersof City .of Yakima, boards and oommigeeions, city of Yakima Police Reserve officers. commissioned and non-commissioned, police Exp•locer r, on -Guard Crime Prevention. volunteers. Section E. The cl;efetane , indemnification, and hold harmleat provisions of this reecautiorb cha:li .be afforded only to persons who are 4,14 the categoric' listed in Section 2 hereof, at the 'time, of occurrence of the incidenton witless the atcti:an, chits: or pro✓eod ng it: based. further, the defetee, indemnification or hold harolerr proVitiar a of this resolution shall he afforded only to those pez sotit who exercised good faith in their perfo n mce, purported performance, or failure of per- formance of 'their duties for or employment with the city on 'which the action, claim or proceeding is based, and who were not acting clearly out -tide the scope of their authorityas City officers, emp:lo.yeee, police volunteers, or members of City boards .or comraiew»:ionts.3 and .no civil or criminal fine shall be paid for any person who hnew, or should have known with the exercise of reavonable .Deli, that the conduct or failure to tact, on which the fine is based, wan unlawful. The determination of whether an employee• or police volunteer ee•r was acting its goodfaith within the scope of employment or duties,and without knowledge or °discoverable knowledge of the unlawfulness of the person' c conduct, shall be made by the City Ma.me- gerand that determination as to elected City officers and all members of City .boards .and commieziane shall be trade by the City Council.. Gees/repeal a) •r faction p1Pyee , falling subject section C. The monetary amount of indemnifica- tion shall be the reasonable and ssyecesser y expenses actually.' incurred and connected with the defense, mettle - sent, and monetary fine or judgment., including costa, dillhurs;seaen•tsa, and at.torrters feet, arieing from the action, claim, or other proceeding:, and shall include the amount of both ciei.1 and criminal fi et actually imposed unless it is found by the City Manager or City Council ► ast, the ease may be tee provided IT Section t of .tet resaoiutioni, .that the permsan Liable therefsore knew, or should have known with the eaercis{e. of .reasonable care. that the conduct .. r failure to act on which. the fine i;.e based, was unlawful. section D. Te order to be eligible far the defense, indemnification, or hold harmless provisions of this resolution,. the person seeking that protection must notify the City Manager immediately or learning that a claim is threatened or made, or that at action or other proceeding LB filed or commenced' and provide the City Manager with a copy of all claims, pleadings, report: or other documents in that persons possession related to the claim, .action or proceeding; and further must agree that, the defense ehall :be conducted by investigators and legal' counsel designated by the City!, unless the City council approves the hiring of other invest gatore or defense counsel for any particular claim, action o: proceeding;. Section E. The. egreed' settlement of any cUlm. or other proceeding a,gain:at ae City officer,. eel -- police volunteer,, or board •ar cosasn:.:ckiorn member •iithin the p_ovinione of thia resolution small be to the approval of the City Council. . Section F. The sdefens:e, indemnification, or other hold harmless prravi, i.omsr of this resolution Shall not be .afforded to ally City office_-, employee, poi°ice volunteer., or board or cotrsmistsssionmember in any claim or cross -claim, action, or proceeding of arvy nature threat- ened; filed, or instituted by the City .:against that officer.,employee, police volunteer, or board o:r commis- sion member. Section G. The defense, Indemnification, and hold harmless prsaviti.or►s of this resolution shah apply to any deductible or. self—insurance retention providat far or required by any ineurance coverage held by the city at the time of the .adoption of this resolution or acquired thereafter., regardless of the amount of the deductible provision or 1/m1f-inss+.urance• retention requir e- r en.t•; and, :further, the :ittsxb1l.. ty or failure of the city to apply for or acquire any insurance ellen not limit the pratectiou afforded by thin resolution to City employees, C r•e s / repes:.l . sc l officer, police volunteers, :and bi _4 or commission members, in which event the defense, indemnification, and hold harmless provisions of this resolution iall to the full monetary amount al the expenses defined in Section c of this resolution.' TOM= BY'THE CITY COUNCIL this 1147 diva! o' 1990, ATTEST: 46-1(4.e.,1.2 City Clerk trett.repeaLI. toc , 8 • APPENDIX D YAKIMA POLICE DEPARTMENT Use of Deadly Force Situations SUMMARY STATEMENT TO SUPERVISOR Incident Number: Date: Directions to on -scene supervisor: This Is a compelled statement. The supervisor (sergeant or higher rank) is compelling this statement and will not deviate from its contents. The supervisor will write down on this card the answers provided verbatim, and disseminate public safety information immediately via radio as appropriate, and provide this completed card to the first arriving Major Crimes Unit supervisor. The police supervisor receiving this information is required to submit a written statement to the Major Crimes Unit. The statement is to include that the Summary Statement was formally given to the involved officer, the content of the answers given by the involved officer, and that the supervisor did not deviate from the specified questions. "(Rank of involved officer) (Name of involved officer) I am directing you to give me a summary statement in a use of deadly force incident. Due to the immediate need to take action, you are ordered to answer the following questions listed below. If you refuse to answer these questions relating to the performance of your official duties, you will be subject to Department charges, which could result in your dismissal from the Department." Requesting Supervisor: Name Rank . Per.# Time "At this time and to the best of your knowledge, please answer the following": 1. From where and in what direction did you fire rounds? 2. In what direction did the suspect(s) fire rounds? 3. If you know of anyone injured, what is her/his location? 4. If any suspects are outstanding, what are their descriptions? Supervisors: If there are no outstanding suspects, proceed directly to question #5, otherwise ask question #4 (a-d). 4a. What was their direction of travel? 4b. How long have they been gone? 4c. With what weapons were they armed? 4d. Are there any other safety risks known about the outstanding suspect(s)? 5. Does any evidence need protection? 6. Any known witnesses? 7. Where are they located? "(Rank of involved officer) (Name of involved officer) , in order to pi -event the contamination of your statement, I order you not to discuss this incident with anyone, induding your supervisors or staff officers, prior to the arrival of the assigned investigators, with the exception of your legal representation." Revised 1/1/2012 Page 2 of 2 Chapter 2.04 GROUP INSURANCE Page 1 of 5 APPENDIX E Chapter 2.04 GROUP INSURANCE Sections. 2.04.010 Health care plan. 2.04.020 Definitions. 2.04.030 City contributions. 2.04.040 Hospital and medical insurance —Retired employee and dependent coverage. 2.04.050 Dental insurance plan —Retired employee coverage. 2.04.100 Welfare benefit program. 2.04.010 Health care plan. The city is self -insured for its medical and dental insurance plans (hereafter referred to in this section and YMC 2.04.020 and 2.04.030 as the "health care plan"). The health care plan includes medical, dental and vision coverage for city employees as defined in the health care plan and for members of the city council. The medical anddental insurance plans are administered for the city by third party administrators. The city manager of the city of Yakima is authorized to enter into a contract or contracts with third party administrators to administer`the medical and dental insurance 'plans. The health care plan shall be on file in the human 'resources division of the city. (Ord 2012-14 (part), 2012: Ord. 2008-57 § 1, 2008: Ord. 1757.§ 1, 1975; Ord. 1750 § 1, 1975; Ord. 1744 § 1, 1975; Ord. 758, 1965: Ord. 149 § 1, 1960). 2.04.020 Definitions. "Cost of coverage" means the average monthly cost of coverage for the health care plan as determined from time to time by the city's-health care administrator, the city's employee benefits broker, and/or the city manager. The final decision on the cost of coverage shall be made by the city manager Such determination shall be final and binding. (Ord. 2012-14 (part), 2012: Ord. 2008-57 § 2, 2008). 2.04:030 City "contributions. A. Life Insurance Plan. 1. Effective October 24, 1991, the city shall provide a fully paid life insurance policyin an amount equal to the annual salary for all management employees as defined in. subsection .B of this section, as well as for the chief, deputy chiefs and battalion chiefs of the Yakima fire department and the chief, deputy chief, captains and lieutenants of the Yakima police department. 2. For all employees covered by a collective bargaining agreement, the city shall provide a life insurance policy in the amount required in the applicable collective bargaining agreement. B. Health Care Plan. The city shall contribute toward the payment of the monthly cost of coverage of the health care plan in the following manner for each group of employees or positions, respectively: http://www.codepublishing.coin/WA/Yakima/htmUYakima02/Yalcuna0204.html 5/1/2013 Chapter 2.04 GROUP INSURANCE Page 2 of 5 1. Represented Employee Contributions. For all employees covered by a collective bargaining agreement, the city shall pay its portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining agreement, and the employee shall pay his or her portion of the total monthly cost of coverage under the health care plan as provided in the applicable collective bargaining agreement. 2. Management Employee Contributions. a. "Management employee" means any nontemporary employee in the management series, executive support series and executive series as defined by YMC 2.20.100; in the public safety management series as defined by YMC 2.20.110; and any other nontemporary employee in YMC 2.20.100(D) who is not a member of any collective bargaining unit recognized by the city. b. "Member of the city council" means any person holding the office of city of Yakima council member, who elects to pay the entire cost of coverage of the city of Yakima health care plan. c. From January 1, 2009, on, except for the chief, deputy chiefs, and battalion chiefs in the fire department and the chief, deputy chief, captains and lieutenants in the police department, or unless otherwise provided in the applicable collective bargaining agreement, the following provisions apply: All management employees shall pay the first fifty dollars of the total monthly cost of coverage under the health care plan for the employee through a monthly payroll deduction. If an employee only is covered in the health care plan and the employee has no spouse or dependents in the health care plan, then the city shall pay the balance of the employee -only unit cost in excess of the first fifty dollars that the employee pays. For a management employee with a spouse and/or dependents in the health care plan, any cost of coverage for the management employee with a spouse and/or dependents in the plan in excess of the first fifty dollars that the employee pays shall be paid by the management employee through a monthly payroll deduction based on the following percentages on the remaining balance above the first fifty dollars: the employee shall pay at the rate of twenty-five percent of the balance of the remaining total monthly cost of coverage, and the city shall contribute the remaining seventy-five percent of the balance of the total monthly cost of coverage. d. For the chief, deputy chief, captain and lieutenants of the Yakima police department and the chief, deputy chiefs and battalion chiefs of the Yakima fire department, unless otherwise provided in an applicable collective bargaining agreement, the city shall pay the total monthly cost of coverage under the health care plan for the employee. If the chief, deputy chief, captain and lieutenants of the Yakima police department and the chief, deputy chiefs and battalion chiefs of the Yakima fire department have a spouse and/or dependents in the health care plan, then the employee shall pay through a monthly payroll deduction at the rate of fifty percent of the monthly dependent unit cost of coverage for the employee's spouse and/or dependents, and the city shall contribute the remaining fifty percent of the total monthly dependent unit cost of coverage for the employee's spouse and/or dependents, unless otherwise provided in an applicable collective bargaining agreement. http://www.codepublishing.com/WA/Yakima/html/Yakima02/Yakima0204.html 5/1/2013 Chapter 2.04 GROUP INSURANCE Page 3 of 5 C. Authority to Exempt Certain Positions from Health Care Plan. Pursuant to YMC Chapter 2.04, the city manager and the heads of the city departments are entitled to be covered by the city's employee health care plan. This subsection C is limited to and for the purpose of recruitment only for the specific positions of city manager, chief of police, fire chief, city attorney, director of public works, director of community and economic development, and director of finance, when the person to whom an offer of employment is made has an existing health care plan from his or her former employment that he or she desires to maintain upon employment with the city. In that event, then the city council for the city manager position, and the city manager for the department head positions, have the authority to agree in writing to compensate that person for the cost to him or her to maintain his or her present health care plan, up to but not to exceed the amount the city's health care plan would otherwise have contributed to his or her health care costs for similar coverage under the city's health care plan. This health care cost payment shall be included with the employee's monthly compensation amount as a separate item and shall be treated as a taxable benefit subject to normal withholding taxes. The city's contribution for the health care allowance shall not be included in any calculations as base pay. If, and at such time as, the city employee's prior health care plan becomes fully paid and no longer requires financial contributions from him or her to maintain his or her health care coverage, the city's obligation to contribute toward that health care coverage shall cease. In no event shall the city's contribution for the health care allowance be more than the city would have contributed if the employee had similar coverage under the city health care plan. In addition, in the event that the employee's prior health care coverage ends and the employee desires to enroll in the city health care plan, that employee may do so provided the employee complies with the enrollment requirements for the city health care plan. (Ord. 2012-14 (part), 2012: Ord. 2008-57 § 3, 2008: Ord. 97-28 § 1, 1997; Ord. 96-66 § 1, 1996; Ord. 93-84 § 1, 1993: Ord. 3403 § 1, 1991; Ord. 3325 § 1, 1990; Ord. 3252 § 1, 1990; Ord. 2688 § 1, 1983, Ord. 2266 § 1, 1979; Ord. 2265 § 1, 1979; Ord. 2153 § 1, 1978; Ord. 1750 §§ 2, 3, 1975, Ord. 1744 §§ 2, 3, 1975; Ord 1614 § 1, 1974: Ord. 1474 § 1, 1972: Ord. 1081 § 1, 1968: Ord. 758, 1965: Ord. 319 § 1, 1962: Ord. 149 § 3, 1960). 2.04.040 Hospital and medical insurance —Retired employee and dependent coverage. A. Retired Employees. The following described retired city employees shall be eligible to remain enrolled in the group hospital and medical insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty-five years of age by paying a premium (including the premium for dependents, if enrolled) equal to the actual group rate for coverage of active city employees and enrolled dependents: 1. City employees who retire on or after January 1, 1982, and who at the time of their retirement work in positions within the bargaining unit of the American Federation of State, County and Municipal Employees, Local 1122; and 2. City employees who retire on or after January 1, 1983, and who at the time of their retirement work in any of the following positions: a. All fire department positions, b. All commissioned police department officers, http://www.codepublishing.com/WA/Yakima/html/Yakima02/Yalcima0204.html 5/1/2013 Chapter 2.04 GROUP INSURANCE Page 4 of 5 c. All employees in exempt classifications specified by YMC 2.20.100, and d. All other positions defined by the policy as being eligible for coverage. B Spouses of Retired Employees. Spouses of retired commissioned police department officers, retired fire chiefs and deputy fire chiefs and retired employees who, at the time of retirement, were in exempt classifications specified by YMC 2.20.100, which spouses are otherwise eligible for coverage under provisions of the insurance policy, shall be eligible to remain enrolled in the group hospital and medical insurance plan until those spouses reach the age of sixty-five years (or in the case of spouses of deceased retirees, until the spouse remarries) by paying a premium equal to the actual group rate for enrolled dependents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 1, 1985: Ord. 2749 § 1, 1984: Ord 2686 § 2, 1983). 2.04.050 Dental insurance plan —Retired employee coverage. A. Retired Employees. The following described retired city employees who retire on or after January 1, 1983, shall be eligible to remain enrolled in the group dental insurance plan and to obtain coverage for their eligible dependents until the retired employee reaches sixty-five years of age by paying a premium (including the premium for dependents, if enrolled) equal to the actual group rate for coverage of active city employees and enrolled dependents. 1. Chief and deputy chief of Yakima fire department; 2. Chief, captains and lieutenants of the Yakima police department; and 3. All employees in exempt classifications specified by YMC 2.20.10Q. B. Spouses of employees retired from positions specified in subsection A of this section, which spouses are otherwise eligible for coverage under provisions of the insurance policy, shall be eligible to remain enrolled in the group dental insurance plan until those spouses reach the age of sixty-five years (or in the case of spouses of deceased retirees, until the spouse remarries) by paying a premium equal to the actual group rate for enrolled dependents. (Ord. 2012-14 (part), 2012: Ord. 2835 § 2, 1986). 2.04.100 Welfare benefit program. A. The city of Yakima employees' welfare benefit program, attached as Appendix 1 to the ordinance codified in this section and incorporated herein by reference, is adopted and approved. B. The city manager, or his designee, shall be authorized and directed to perform all management, administration and other responsibilities of the city under the city of Yakima's employees' welfare benefit program, except as expressly provided by such program or as required by law. C. The participation agreements between the city and the Washington State Council of County and Municipal Employees, Washington State Council of County and City Employees, AFSCME, Local 1122, AFL-CIO ("AFSCME"); Yakima Police Patrolmans Association ("YPPA") and Local 469, International Association of Firefighters, AFL-CIO, attached to the ordinance codified in this section as Appendices 2, 3, 4 and 5 respectively and incorporated herein by reference, are approved, and the city manager is authorized and directed to execute said participation agreement. http://www.codepublishing.com/WA/Yakima/html/Yakima02/Yakima0204.htm1 5/1/2013 Chapter 2.04 GROUP INSURANCE Page 5 of 5 D. The Yakima air terminal may join the city's employee welfare benefit program and its management employees and duly represented employees may participate in plans thereunder by action of the airport terminal board. E. In the event that there is a conflict between any provision of this section or any provision of the employee welfare benefit program and any other section of this chapter, this section and the employee welfare benefit program shall take precedence. (Ord. 2012-14 (part), 2012: Ord. 94-9 § 3, 1994). The Yakima Municipal Code is current through Ordinance 2013-015, passed April 16, 2013. Disclaimer: The City Clerk's Office has the official version of the Yakima Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Click here to view recently enacted ordinances not yet codified (http://www.yakimawa.gov/council/archived-agenda-minutes/) . City Website: http://www.yakimawa.gov/ (http://www.yakimawa.gov/) City Telephone: (509) 575-6037 http://www.codepublishing.com/WA/Yakima/html/Yakima02/Yalcima0204.htm1 5/1/2013 Chapter 2.16 BONDS FOR OFFICERS Page 1 of 2 Chapter 2.16 BONDS FOR OFFICERS Sections: 2.16.010 Bonds required —Amount. 2.16.020 Approval of bonds. 2.16.030 Payment of premium. 2.16.010 Bonds required —Amount. The following named officers, assistants and employees of the city of Yakima, and the treasurer of Yakima County as ex officio collector of city taxes, before assuming the duties of their respective office, shall be bonded by a professional surety company authorized to do business in the state of Washington, which bonds shall be conditioned for the faithful discharge of the duties of such officers and employees as provided by law, in the following amounts: Blanket Bond Annual Bond City Manager $25,000.00 Director of Finance 25,000.00 City treasurer $100,000 00 Yakima's County 25,000.00 treasurer All other employees 5,000.00 Provided, however, that the bonds of two or more officers or employees, except for the annual bond of the city treasurer and county treasurer, may be consolidated in one instrument as a blanket bond. (Ord. 2212 § 1, 1978: Ord 918 § 1, 1967: Ord.'2, 1959: Ord. B-196 § 1, 1937). 2.16.020 Approval of bonds. Bonds required by Section 2.16.010 of this chapter shall be subject to approval by the city attorney as to form and execution, upon such approval shall be retained on file in the office of the city clerk. (Ord. 2212 § 2, 1978: Ord. B-196 § 2, 1937). 2.16.030 Payment of premium. After the approval of said bonds, the city shall pay a reasonable premium to the surety company furnishing such bond. (Ord. B-196 § 3, 1937). http://www.code.ublishing.com/WA/Yakima/html/yakima02/Yakima0216.html 5/1/2013 Chapter 2.16 BONDS FOR OFFICERS Page 2 of 2 The Yakima Municipal Code is current through Ordinance 2013-015, passed April 16, 2013. Disclaimer The City Clerk's Office has the official version of the Yakima Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Click here to view recently enacted ordinances not vet codified (http.//www.yakimawa.gov/council/archived-agenda-minutes/) . City Website: http://www.yakimawa.gov/ (http://www.yakimawa.gov/) City Telephone: (509)575_6037_�_ http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0216.html 5/1/2013 Chapter 2.20 SALARIES Page 1 of 72 Chapter 2.20 SALARIES Sections. 2.20.010 Persons subject to plan. 2.20.020 Content of plan. 2.20.030 Procedure for determination of salary ranges. 2.20.040 Policy for pay steps. 2.20.050 Policy for present employees. 2.20.060 Transfer, promotion, reclassification, demotion or reinstatement of employees. 2.20.070 Reduction of salary 2.20.080 Effect of budget. 2.20.085 Reimbursement for expenditures. 2.20.086 Reimbursable expenditures —Amounts. 2.20.088 Uniform allowance —Special assignment pay. 2.20.089 Bilingual pay for management employees. 2.20.094 Salary of mayor, assistant mayor and council members —Fringe benefits. 2.20.097 Vehicle allowance for city manager. 2.20.100 Classification plan. 2.20.110 Compensation plan. 2.20.115 Management pay and compensation definitions. 2.20.116 Management pay and compensation adjustments. 2.20.117 Management salary schedule separation. 2.20.118 Management employee disability insurance. 2.20.120 Shift differential. 2.20.130 Management group tax deferred compensation plan. 2.20.150 Management personnel Section 125 plan. 2.20.010 Persons subject to plan. All employees of the city of Yakima shall be subject to the classification and compensation plan established in this chapter. (Ord. 302, 1961: Ord. 194 § 1, 1964). 2.20.020 Content of plan. The classification and compensation plan shall include. 1. The basic salary schedule as set forth in this chapter, and subsequent amendments and additions thereto; 2. A schedule of salary ranges consisting of minimum and maximum rates of pay for each management position and minimum and maximum rates of pay, together with intermediate steps, for all other classes of positions included in the city classification plan as set forth in this chapter, and subsequent amendments and additions thereto; 3. The annual budgets prescribed by the laws of the state of Washington. (Ord. 1745 § 1, 1975: Ord. 194 § 2, 1960). http://www.codepublishing. com/WA/Yakima/html/yalcima02/Yakuna0220.htm1 5/1/2013 Chapter 2.20 SALARIES Page 2 of 72 2.20.030 Procedure for determination of salary ranges. Salary ranges shall be linked directly to the plan of position classification and shall be determined with due regard to ranges of pay for other classes, relative difficulty and responsibility of positions in the class, availability of employees in particular occupational categories, prevailing rates of pay for similar employment in private establishments in the Yakima area, rates of pay in other jurisdictions, cost of living factors, the financial policies of the city and other economic considerations. The minimum and maximum and intermediate steps of each salary range shall be those rates in the basic salary schedule which most nearly reflect these factors. Prior to the preparation of each annual budget, as well as at other appropriate times, the city manager shall make or direct to be made such comparative studies as he may deem necessary, of the factors affecting the level of salary ranges. On the basis of information derived from such studies, the city manager shall recommend to the council for approval such changes in the salary ranges as are pertinent to the fairness and adequacy of the overall salary structure. Such changes shall be accomplished by increasing or decreasing the salary ranges the appropriate number of ranges as provided in the basic salary schedule. The rate of pay for each employee shall be adjusted to the corresponding step in the new range in conformance with the adjustment of the salary range for the class. (Ord. 194 § 3, 1960). 2.20.040 Policy for pay steps. The following shall be the general policy with respect to the use of the pay steps within salary ranges: 1. The minimum rate of pay for a class shall be paid to any person on his original appointment, except 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. 2. The basic salary range shall consist of five steps to be known as Steps 1, 2, 3, 4, and 5. An employee, except seasonal employees, shall normally be advanced to the next higher step six months after the date of hiring or promotion and to the succeeding steps at one-year intervals, providing that employee's work has been satisfactory and the employee is making normal progress on the job. Employees in permanent seasonal positions shall be advanced to Steps 2, 3, 4, and 5 upon the completion of six months', eighteen months', thirty months', and forty-two months' of service, respectively; provided, such advancements shall be made only for employees with a satisfactory or better performance rating for the preceding season. All within -range increases are subject to the availability of funds. For purposes of computing the length of time for eligibility for within -range increases, the period of all leaves of absence without pay shall not be included. In order to simplify the preparation of payrolls, 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. http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0220.htm1 5/1/2013 Chapter 2.20 SALARIES Page 3 of 72 Salary increases or decreases resulting from the adjustment of salary ranges in accordance with Section 2.20.030 shall not prevent within -range increase in accordance with this section. (Ord 2051 § 1, 1977: Ord. 1389 § 1, 1972: Ord. 1082 § 1, 1968: Ord. 748, 1965. Ord. 478, 1963: Ord. 194 § 4, 1960). 2.20.050 Policy for present employees. As of the effective date of the adoption of the compensation plan and any subsequent amendments thereof. A. All employees whose pay is in excess of the maximum rate prescribed for their class shall not be reduced in pay, but they shall not receive any pay increases as long as they occupy positions for which the salary range maximum is the same as or less than the pay rate currently received. B. Employees will be advanced in pay as a result of an adjustment to the salary range for their class as provided for in YMC 2.20.030 provided that no such advancement in pay shall be effective for a probationary employee in the management group defined in YMC 2.04.030(D), until the end of the probation. In addition, employees will be eligible for within -range increases according to service in the class as provided for in YMC 2.20.040(2), provided that no such advancement in pay shall be effective for a probationary employee in the management group defined in YMC 2.04.030(D), until the end of the probation. The provisions of this section shall not prevent demotion or reduction for disciplinary reason or the application of service -wide pay decreases when such action is required by the financial conditions of the city or by changing economic conditions. (Ord. 3428 § 1, 1991: Ord. 194 § 5, 1960). 2.20.060 Transfer, promotion, reclassification, demotion or reinstatement of employees. When an employee is transferred, promoted, reclassified, demoted or reinstated, the employee's rate of pay for the new position shall be determined as follows: 1. Transfer. An employee transferred to another position in the same class will continue to receive the same rate of pay until the employee is promoted or demoted. 2. Promotion/Reclassification. An employee promoted or reclassified to a position in a class having a higher pay range shall receive a salary increase as follows: a. If the employee's rate of pay in the lower class is below the minimum salary of the higher class, the employee's rate of pay shall be increased to the minimum rate of the higher class. b. If the employee's rate of pay in the lower class falls within the range of pay for the higher class, the employee shall be advanced to the pay step in the higher range which is next higher in amount above the employee's pay before promotion. c. In the case of promotion, within -range increases shall be granted in accordance with YMC 2.20.040(2). http://www.codepublishing.com/WA/Yakima/hlml/yakima02/Yalcima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 4 of 72 d. In the case of reclassification, the employee shall be eligible for a within -range increase on the employee's normal anniversary date. For employees who have been at the maximum of the salary range for more than one year, the date of reclassification shall become the employee's anniversary date for future within -range increases. 3. Demotion. An employee demoted from a position in one class to another class having a lower pay range shall receive a salary decrease. (a) If the rate of pay of the employee in the higher class is above the maximum salary for the lower class, the employee's rate of pay will be decreased to the maximum rate of the lower class. (b) If the rate of pay of the employee in the higher class is within the pay range of the lower class, the employee's rate of pay shall be reduced to the next lower pay step in the range. (Ord 1831 § 1, 1975: Ord. 1614 § 2, 1974. Ord. 194 § 6, 1960). 2.20.070 Reduction of salary. An appointing authority for just causes may reduce the salary of an employee within the pay range prescribed for the class. Notice of intention to effect such a reduction in pay and the reasons for such action shall be given to the employee and the civil service chief examiner ten days prior to the effective date for the reduction. The employee affected shall have the right to appeal in the manner outlined in the civil service rules and regulations. (Ord. 194 § 7, 1960). 2.20.080 Effect of budget. This chapter shall be in force and effect February 1, 1961, and from and after said effective date employees in each class of position in the civil service shall be compensated according to the basic salary schedule and salary ranges set forth in this chapter, and subsequent amendments and additions thereto, and in accordance with the annual budgets adopted by the council pursuant to the laws of the state of Washington. In cases of promotion, transfer and the return of an employee after leave of absence, and in cases of classification or reclassification of positions which, under YMC 2.20.060 and other provisions of this chapter, require the payment of a different wage or salary than that specifically set forth in the annual budget, the compensation to be paid in such cases shall be figured and paid in accordance with YMC 2.20.060 and other pertinent sections of this chapter without ordinance or council action, if the payment thereof can lawfully be made from funds appropriated under the current annual budget, under the item of salaries and wages, without exceeding appropriation. In cases where the annual budget makes provisions for the payment of compensation for any position classification differing from the compensation set forth in said salary ranges in order to comply with the provision of subsection A of YMC 2.20.050, the employee affected by the provision of said section shall be paid the compensation for such position as set forth in the annual budget, and in all cases where no provision is made in said salary ranges the compensation to be paid any employee shall be that set forth in the annual budget or such compensation as shall be lawfully authorized by the city council. (Ord. 194 § 8, 1960). http://www.codepublishing. com/WA/Yakima/html/yakima02/Yakima0220.httnl 5/1/2013 Chapter 2.20 SALARIES Page 5 of 72 2.20.085 Reimbursement for expenditures. In addition to the prescribed rates of pay and other allowances provided for in this chapter, officers and employees of the city shall be entitled to reimbursement for, or the benefit from, the following classes of official expenditures: 1. Officers and employees shall be entitled to reimbursement for expenses which may lawfully be incurred when they are required, with specific written approval of the city manager, to make necessary out-of-pocket expenditures within or without the city of a nature beyond those normally associated with the performance of the routine official duties of such individuals, for purposes which principally promote, develop or publicize the city's best interests. 2. In the event the city manager of the city of Yakima determines that in order to secure the services of any person not residing within the Yakima area as an employee of the city of Yakima, it is necessary to pay the cost of moving the household goods and personal effects of such person from his place of residence to the city of Yakima upon his appointment to city service, then payment of reasonable and necessary moving costs may be made from appropriate available maintenance and operation funds in the city's annual budget, upon the approval of the city manager. 3. The council finds that in selecting personnel to fill positions in the city of Yakima requiring special experience and training to qualify for such positions, it becomes necessary, in order to ensure selection of the most qualified applicant, that applicants for such positions be personally interviewed, and that in certain cases the expense to the city of sending members of boards, commissions and other officers of the city to various localities for the purpose of conducting such interviews exceeds the cost to the city government of providing that the interviews be had in the city of Yakima at the city's expense and that the payment by the city of the necessary travel and subsistence expenses for a limited number of applicants to be brought to the city will result in a saving of expense to the city in the outlay of travel and subsistence expenses or in the time which would be lost by reason of regular officers or employees of the city conducting the interviews elsewhere. The council further finds that in such cases the payment by the city of the travel and subsistence expense of applicants requested to come to the city of Yakima for interview is a proper municipal expense and for a proper municipal purpose. 4. In order to make a proper determination of the facts in cases where authority is requested to bring in applicants for any position in the city of Yakima at the city's expense, the city manager is authorized to determine the facts, and, upon approval by the city manager, based upon a determination that the payment by the city of the expenses of bringing a limited number of applicants to the city of Yakima for interview is necessary to make possible the selection of the best available applicant for a position involving special skill and experience to properly discharge the duties thereof, and that the payment of the expense of bringing said applicants to the city is less than the expense and loss to the city in sending its officers, commissions or boards to conduct said interview elsewhere, and that funds for the payment of such expenses are lawfully available, payment therefor shall be considered as approval by the city council and shall be paid from the fund to which said expenses are properly chargeable. 5 Training and Education. http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0220.htinl 5/1/2013 Chapter 2.20 SALARIES Page 6 of 72 a. Policy. The city council encourages the training and education of city officers and employees to the end that they may more effectively render services to the public in performing assigned duties or in preparing to assume higher responsibilities within the city service. b. Reimbursement. Officers and employees shall be entitled to reimbursement for ordinary and reasonable expenses incurred in pursuing such training and education on compliance with the following conditions: (1) In the opinion of the city manager, the seminar or course of study must be related to the performance of duties of the officer or employee in rendering service to the public, or must assist the officer or employee in preparing to assume higher responsibilities within the city service by promotion or otherwise; (2) Specific written approval for the seminar or course of study must be obtained in advance from the city manager or his designate; and (3) Funds for reimbursement to the officer or employee must be lawfully available within the city's budget or by appropriation therein. 6. Professional Fees, Licenses, and Membership Dues. a. Management employees as defined in subsection 2.04.030(D) of this code shall be entitled to direct payment by the city of Yakima or reimbursement to the employee, for professional fees, licenses and membership dues applicable to any such employee, in an amount approved by the city manager. b. Funds for this purpose must be lawfully available within the city's budget or by appropriation therein. (Ord. 3403 § 4, 1991. Ord. 2302 § 1, 1979: Ord. 2088 § 1, 1977 Ord 189 § 1, 1976; Ord. 748, 1965: Ord. 208, 1960. Ord 194 § 9A, 1960). 2.20.086 Reimbursable expenditures —Amounts. A. All officers and employees shall, in addition to their prescribed rates of pay, be reimbursed for the following listed expenditures: 1. Transportation. The actual fare shall be paid for transportation by common carrier. Reimbursement at the per mile rate authorized by the Internal Revenue Code of 1989, as amended from time to time, shall be made for the use of private auto; provided, the reimbursement for travel by private auto to a point outside the state of Washington shall not exceed the total expense for such travel by commercial air coach including related and incidental transportation expenses such as limousine or taxi fare, car rental, parking fees and similar costs. 2. Lodging and Meals. The actual expense for lodging and meals shall be paid; provided, that the total reimbursable expense for both lodging and meals shall not exceed one hundred seventy-five dollars per day, including tips and gratuities, provided further, that when conventions, conferences, seminars or similar functions make expenditures in excess of one http://www.codepublishing.com/WA/Yakima/html/yalcima02/Yalcima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 7 of 72 hundred seventy-five dollars per day necessary for lodging and meals, in the opinion of the city manager such excess expenditures may be allowed and reimbursed when approved by the city manager. 3. Necessary Minor Expenses. The actual amounts of necessary, or usual and customary, minor expenses, including tips and gratuities, shall be reimbursed. B. All reimbursed expenses must be necessary, reasonable, within budget limits set for travel and training, and incurred in the conduct of the business of the city. When two or more representatives of the city attend the same meeting, transportation shall be planned to avoid needless duplication of automobiles. Employees shall obtain approval prior to taking any trip from their department head and from the city manager. (Ord. 98-8 § 1, 1998; Ord. 95-9 § 1, 1995; Ord. 3326 § 1, 1990; Ord. 3237 § 1, 1990; Ord 2743 § 1, 1984: Ord 2414 § 1, 1980: Ord. 2088 § 2, 1977: Ord. 2022 § 1, 1976: Ord. 1614 § 3, 1974: Ord. 858, 1966: Ord. 748, 1965 Ord. 213, 1960: Ord. 194 § 9B, 1960). 2.20.088 Uniform allowance —Special assignment pay. A. Police detectives and patrolmen assigned to the detective division of the police department, when not issued or required to wear a uniform in the performance of their assigned duties, shall be paid a monthly clothing allowance of eighteen dollars in lieu of an issued uniform. B. (1) Except for employees in the fire department and except for employees represented by AFSCME Local 1122, when a salaried employee works in a higher classification for a period of one day or longer, performs substantially all of the duties of such higher classification and is not actually receiving supervised training for that position, the employee shall be paid at the pay step in the higher classification which is next higher in amount above the employee's pay in the lower classification. The provisions of this section shall not apply to management personnel. (2) When an hourly employee works in a higher classification for a period of one hour or longer, performs substantially all of the duties of such higher classification and is not actually receiving supervised training for such position, the employee shall be paid at the step in the higher classification which is next higher in amount above the employee's pay in the lower classification. (3) When a salaried permanent employee represented by AFSCME Local 1122 works for one hour or longer in a higher classification and in a different classification series from which the employee is regularly employed and performs substantially all of the duties of such higher classification and is not actually receiving supervised training for such position, the employee shall be paid at the pay step in the higher classification which is next higher in amount above the employee's pay in the lower classification for all such hours consecutively worked in the higher classification. (4) When a salaried permanent employee represented by AFSCME Local 1122 works four consecutive hours or longer in a higher classification in the same classification series in which the employee is regularly employed and performs substantially all of the duties of such higher classification and is not actually receiving supervised training for such position, the employee shall be paid at the pay step in the higher classification which is next higher in amount above the http://www.codepublishing.corn/WA/Yakima/html/yakima02/Yalcima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 8 of 72 employee's pay in the lower classification for all such hours consecutively worked in the higher classification. C. Clerical personnel in the police department shall be paid fifteen dollars per month in addition to their regular salary when required to be available for night or weekend shifts, or when required to perform police duties other than clerical. Effective January 1, 1978, after six p.m. and until six a.m. on regularly scheduled shifts, an additional two percent per hour over base pay will be paid for all hours worked within the stipulated period to the nearest one-half hour for police department clerical personnel. D Police officers shall be paid thirty dollars per month in addition to their regular salary when assigned the duties of administrative assistant to the chief of police. E. When any commissioned member of the police department is assigned by the chief of the department to a position in a higher classification for a period of four hours or more, such member shall be paid at the lowest rate of the higher classification which provides any salary increase for the officer for the actual time so assigned. The amount of payment for such special assignment shall be computed in accordance with any applicable provision of YMC 2.40.100. The payment for any such special assignment duty shall be subject to the availability of department funds for such purpose. F. When any employee of the fire department is temporarily assigned by the chief of the department to a position in a higher classification for a period of four hours or longer, such member shall be paid special assignment pay of five percent above the normal base pay of that employee during that period of continuous service; provided, that the employee exercises the responsibility, including operational and administrative duties, as they apply to that position in the higher classification; provided, further, the chief of the fire department may authorize special assignment pay in excess of the five percent provided herein in exceptional circumstances as determined by the chief. G. 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 twenty-five dollars per month, in addition to his regular salary, for each month that he operates a motorcycle more than fifty percent of his total duty time. H. When an employee of the fire department is assigned the duties of administrative assistant to the fire chief, such member shall receive sixty dollars per month in addition to the employee's regular salary. I. When a programmer analyst is assigned to the police department, such person shall receive seventy-five dollars per month in addition to the employee's regular salary. J. When an employee is temporarily assigned by the city manager to a position in a higher management classification for a period of one day or longer and performs substantially all of the duties of such higher classification, or when the city manager assigns an employee additional responsibilities beyond the scope of his/her current classification, the city manager may authorize and direct that the employee be paid special assignment pay, in an amount the city manager determines reasonable, above the normal base pay of that employee during the period of the employee's continuous service in said higher classification or performance of additional responsibilities As used http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 9 of 72 in this section, the term "management classification" means those positions identified in YMC 2.20.115(2). (Ord. 2013-005 § 1, 2013. Ord. 2005-42 § 1, 2005: Ord. 3379 § 1, 1991; Ord. 2843 § 1, 1985' Ord. 2153 § 2, 1978: Ord. 1860 §§ 1, 2, 1975: Ord. 1745 §§ 2, 3, 1975. Ord. 1614 § 4, 1974• Ord. 1474 § 4, 1972: Ord. 1381 §§ 2, 3, 1972: Ord. 980 § 1, 1967: Ord. 854 §§ 1, 2, 1966: Ord. 748 § 4, 1965: Ord. 584 § 1, 1964. Ord 478 § 2, 1963: Ord. 391 § 1, 1962: Ord. 302 § 6, 1961) 2.20.089 Bilingual pay for management employees. Effective July 1, 2003, in addition to the prescribed rates of pay and allowances provided for in this chapter, management employees who have a bilingual capacity shall receive sixty dollars per month for their work in that capacity subject to prior written approval from their respective department head and subject to achieving a passing score on the bilingual/biliterate skills examination conducted under the civil service rules and regulations and administered by the civil service chief examiner Department heads may waive the testing requirement if the employee can demonstrate to the satisfaction of the department head, through documentation or otherwise (i.e., court interpreter certification from the state of Washington), that the employee has sufficient bilingual/biliterate skills. Management employees employed by the city of Yakima before July 1, 2003, who demonstrated bilingual/biliteral capacity by achieving a passing score on the civil service bilingual/biliterate examination and/or by demonstrating bilingual capacity to the satisfaction of their department head and who received prior approval from their respective department head shall receive, in addition to the prescribed rates of pay and allowances provided for in this chapter, thirty dollars per month for their work before July 1, 2003, in that capacity. As used in this section, the term "management employees" means those positions identified in YMC 2.20.115(2). (Ord. 2003-36 § 1, 2003) 2.20.094 Salary of mayor, assistant mayor, and council members -Fringe benefits. A. Salary of Mayor and Assistant Mayor. The mayor, assistant mayor, and city council members other than the mayor and assistant mayor shall be paid a salary computed and paid on a monthly basis as follows: Position Salary Per Month Mayor $1,043.95 Assistant mayor $800.37 City council members $695.97 Effective January 1, 2006, and with regard to an at -large city council member who is elected to be mayor, the monthly salary of the mayor shall be one thousand three hundred seventy-five dollars. Effective January 1, 2008, and with regard to a district position city council member who is elected to be mayor, the monthly salary of the mayor shall be one thousand three hundred seventy-five dollars. Effective January 1, 2006, and with regard to an at -large city council member who is elected to be assistant mayor, the monthly salary for the assistant mayor shall.be one thousand one hundred seventy-five dollars. http://www.codepublish ng.com/WA/Yakima/html/yakima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 10 of 72 Effective January 1, 2008, and with regard to a district position city council member who is elected to be assistant mayor, the monthly salary of the assistant mayor shall be one thousand one hundred seventy-five dollars. Effective January 1, 2006, the monthly salary for each at -large city council member shall be one thousand seventy-five dollars. Effective January 1, 2008, the monthly salary for each district position city council member shall be one thousand seventy-five dollars. B. Fringe Benefits. Commencing January 1, 1992, members of the city council, including the mayor and assistant mayor, shall receive no compensation for serving as mayor, assistant mayor, or council member other than the salary provided by subsection A of this section, and the following additional benefits, which are authorized: 1. Reimbursement for expenditures as provided by YMC 2.20.086; 2. Protection of a five -thousand -dollar life insurance policy, with the premium fully paid by the city; 3. Protection of Workmen's Compensation Insurance coverage under the State Industrial Insurance system; 4. Protection by a policy of insurance known variously as professional liability insurance or errors and commission insurance, covering council members acting in their official capacity, with coverage in the same amount as obtained from time to time for the protection of other city officers and employees, with the premium fully paid by the city; 5. Payment by the city of its portion of Social Security payroll tax on earnings of council members; and any other benefits expressly required by applicable laws; 6. Participation in the city employee welfare benefit program established by YMC 2.04.100; provided, that an election and payment are made as provided in YMC 2.04.030(D)(4) (Ord. 2005-35 § 1, 2005: Ord. 2000-2 § 1, 2000: Ord. 99-10 § 1, 1999: Ord. 94-9 § 2, 1994; Ord. 3210 § 1, 1989: Ord. 2920 §§ 1, 2, 1985; Ord. 2556 § 1, 1981). 2.20.097 Vehicle allowance for city manager. The city manager shall be paid the amount of three hundred dollars each month as a vehicle allowance, in addition to the salary specified in the compensation plan for city employees. (Ord. 2005- 78 § 1, 2005: Ord. 96-86 § 1, 1996. Ord. 2364 § 1, 1979). 2.20.100 Classification plan. A. Plan Adopted. A classification plan for city employees is hereby adopted to be effective April 7, 2013, which plan shall consist of the various following subsections of this section. B. Classes Exempt from Civil Service. http://www.codepublishing.com/WA/Yakima/htinl/yaltima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 11 of 72 Class No. Class Title (Pay Range) 1000 Exempt Classification Group 1100 Executive Series 1110 City Manager (Pay Code 960) 1120 City Attorney (Pay Code 963) 1130 Assistant City Manager (Pay Code 962) 1140 Director of Finance and Budget (Pay Code 964) 1150 Director of Community Development (Pay Code 964) 1160 Director of Public Works (Pay Code 964) 1170 Director of Utility & Engineering (Pay Code 964) 1175 Yakima Air Terminal Manager (Pay Code 970) 1180 Fire Chief (Pay Code 964) 1190 Police Chief (Pay Code 963) 1200 Management Series 1210 Yakima Air Terminal Assistant Manager (Pay Code 972) 1231 Human Resources Manager (Pay Code 970) 1232 City/County Procurement Manager (Pay Code 967) 1233 Information Systems Manager (Pay Code 968) 1234 City Clerk (Pay Code 971) 1238 Strategic Planning Manager (Pay Code 970) 1239 Strategic Project Manager (Pay Code 968) 1241 Financial Services Manager (Pay Code 968) 1242 Utility Customer Services Manager (Pay Code 972) http://www.codepublishing.com/WA/Yakima/htnnl/yakiina02/Yalcima0220.htnil 5/1/2013 Chapter 2.20 SALARIES Page 12 of 72 Class No. Class Title (Pay Range) 1243 Deputy Director of Accounting and Budgeting (Pay Code 966) 1252 Code Administration Manager (Pay Code 971) 1253 Neighborhood Development Services Manager (Pay Code 971) 1254 Planning Manager (Pay Code 971) 1255 Communications and Public Affairs Director (Pay Code 966) 1261 Street and Traffic Operations Manager (Pay Code 970) 1262 Transit Manager (Pay Code 971) 1263 Fleet Manager (Pay Code 971) 1266 Refuse and Recycling Manager (Pay Code 972) 1267 Park and Recreation Manager (Pay Code 970) 1271 City Engineer (Pay Code 965) 1272 Wastewater Manager (Pay Code 968) 1273 Water and Irrigation Manager (Pay Code 970) 1274 Public Safety Communications Manager (Pay Code 971) 1275 Economic Development Manager (Pay Code 968) 1281 Deputy Police Chief (Pay Code 965) 1291 Communications and Technology Manager (Pay Code 967) 1300 Executive Support Series 1311 Executive Secretary (Pay Code 979) 1321 Senior Assistant City Attorney II (Pay Code 964) 1322 Senior Assistant City Attorney I (Pay Code 968) 1323 Assistant City Attorney II (Pay Code 971) http://www.codepublishing.com/WA/Yakima/htmlyalcima02/Yakima0220.htnn1 5/1/2013 Chapter 2.20 SALARIES Page 13 of 72 Class No. Class Title (Pay Range) 1324 Assistant City Attorney I (Pay Code 973) 1331 Administrative Assistant to the City Manager (Pay Code 972) 1400 Municipal Court Series 1412 Municipal Court Commissioner (Pay Code 966) 1413 Municipal Court Judge (Pay Code 1000) 1421 Court Services Manager (Pay Code 971) 1422 Municipal Court Clerk (Pay Code 983) 1423 Certified Court Interpreter (Pay Code 980) 1424 Municipal Court Cashier (Pay Code 988) 1425 Municipal Court Department Asst. (Pay Code 990) 1430 Deputy Court Services Manager (Pay Code 980) 1431 Probation Services Manager (Pay Code 975) 1432 Probation Officer (Pay Code 978) 1433 Probation Services Clerk (Pay Code 987) 1434 Case Specialist (Pay Code 980) C. Civil Service Classes. Class No. Class Title (Pay Range) 2000 Administrative and Fiscal Technical Group 2100 Information Technology Series 2101 Computer Programmer (R 13.5) (Inactive) 2102 GIS Technician (R 16.5) http://www.codepublishing.com/WA/Yakimalhtnnl/yakima02/Yalcima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 14 of 72 Class No. Class Title (Pay Range) 2103 Programmer Analyst (R 16.5) (Inactive) 2104 Senior Analyst (R 19.0) (Inactive) 2105 Computer Operator/Programmer (R 10.5) (Inactive) 2106 Computer Operations Assistant (R 9.0) (Inactive) 2107 Computer Operations Technician (R 11.5) 2108 Computer Client Services Technician (R 19.5) 2109 Applications Developer (R 20.5) 2110 Database Administrator (R 23.0) 2112 Network Services Engineer (R 25 0) 2113 Senior Client Services Technician (R 21.5) (Inactive) 2114 Senior Applications Developer (R 21.5) 2115 Publications and Graphics Specialist (R 9.0) (Inactive) 2116 Lead Client Services Technician (R 23.0) 2117 Web Applications Developer/Administrator (R 24 0) 2200 Management Technical Series ' 2230 Assistant Buyer (R 12.5) (Inactive) 2231 Buyer I (R 16.5) 2232 Central Storekeeper (R 10.5) (Inactive) 2233 Purchasing Assistant (R 12.5) 2234 Buyer II (R 19.5) 2245 Community Relations Specialist (R 15.5) 2246 Senior Community Relations Specialist (R 19.5) http://www.codepublishing.com/WA/Yakima/htinl/yakima02/Yalcima0220.htm1 5/1/2013 Chapter 2.20 SALARIES Page 15 of 72 Class No. Class Title (Pay Range) 2251 Cable Television Coordinator (R 18.0) 2252 Community Programming Coordinator (R 13.5) 2253 Community Programming Assistant (R 9.5) 2254 Municipal Producer (R 11.0) 2262 Safety and Training Officer (R 16.5) 2300 Fiscal Series 2310 Grant Coordinator (R 15.0) (Inactive) 2312 Accounting Technician (R 12.5) (Inactive) 2314 Budget Analyst (R 20.0) (Inactive) 2315 Cashier (R 6 5) (Inactive) 2316 Financial Services Specialist (R 12.5) 3000 Engineering, Planning and Technical Group 3100 Civil Engineering Series 3112 Engineering Associate (R 19 0) (Inactive) 3115 Project Engineer (R 22.5) (Inactive) 3120 Design Engineer (R 22.5) 3130 Development Engineer (R 21 0) 3200 Electrical Engineering Series 3300 Planning Series 3310 Planning Specialist (R 10 5) 3311 Assistant Planner (R 16.5) 3312 Planning Technician (R 13.0) 3320 Community Development Specialist (R 19.0) 3321 Associate Planner (R 19.0) 3322 Senior Planner (R 21.5) 3323 Economic and Community Affairs Specialist (R 20 0) 4000 Engineering, Planning and Inspection Technical Group http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 16 of 72 Class No. Class Title (Pay Range) 4100 Civil Engineering Technical Series 4111 Engineering Aide (R 9.5) 4115 Engineering Utility Specialist (R 16.0) (Inactive) 4121 Engineering Technician I (Design) (R 13.0) (Inactive) 4122 Engineering Technician I (Records) (R 13 0) (Inactive) 4125 Engineering Technician 11 (R 16.5) (Inactive) 4128 Right -of -Way Agent (R 17.0) (Inactive) 4131 Engineering Technician I (Survey) (R 13.0) (Inactive) 4133 Engineering Technician III (Survey) (R 17.0) (Inactive) 4134 Engineering Technician III (Design) (R 17.0) (Inactive) 4135 Engineering Technician III (Development) (R 17.0) (Inactive) 4141 Construction Inspector (R 17.0) 4200 Electrical Technical Series 4211 Traffic Signal Aide (R 11 0) (Inactive) 4221 Signal Technician I (R 14.0) (Inactive) 4222 Signal Technician II (R 16.0) 4223 Signal Technician III (R 20.5) 4240 Instrument Technician (R 18.5) 4300 Plans Examiner Series 4310 Plans Examiner I (Residential) (R 16.0) 4315 Plans Examiner II (Commercial) (R 20.0) 4400 Code Inspection Series 4410 Code Inspection Trainee (R 12.0) (Inactive) http://www.codepublishing.coin/WA/Yakima/html/yakima02/Yakima0220.htm1 5/1/2013 Chapter 2.20 SALARIES Page 17 of 72 Class No. Class Title (Pay Range) 4419 Code Compliance Officer (R 15.0) 4420 Fire Code Inspector (R 19.5) 4421 Code Inspector (R 19.5) 4430 Permit Project Coordinator (R 15 5) 4441 Permit Technician (13.0) 4500 Electronics Technical Series 4520 Electronics Technician I (Pay Code 547) 4521 Electronics Technician II (Pay Code 550) 4522 Electronics Supervisor (Pay Code 545) 4600 Traffic Technical Series 4611 Traffic Aide (R 9.5) (Inactive) 4621 Traffic Technician I (R 13 0) 4622 Traffic Technician II (R 16.5) 4632 Traffic Associate (R 19.0) 4635 Traffic Signal System Analyst (R 21.5) 5000 Human Services Group 5100 Housing Services Series 5121 Housing Rehabilitation Assistant (R105) 5122 Neighborhood Development Rehabilitation Specialist I (R 14.0) 5123 Neighborhood Development Rehabilitation Specialist II (R 18.0) 5124 Housing Rehabilitation Specialist III (R 19.0) 5130 Home Remodeling Technician (R 14.5) 5151 Housing Loan Specialist (R 15.0) 5152 Neighborhood Development Accounting Specialist (R 14.5) http://www.codepublish ng.com/WA/Yakima/html/yakima02/Yakima0220.htm1 5/1/2013 Chapter 2.20 SALARIES Page 18 of 72 Class No. Class Title (Pay Range) 5154 Neighborhood Development Assistant (R 11 5) 5156 Grant Financial Specialist (R 18.5) 5200 Recreation Series 5201 Golf Starter (R 5.5) (Obsolete) 5202 Golf Course Attendant (R 8.5) 5234 Recreation Leader (R 6.5) 5235 Recreation Activities Specialist (R 10.5) 5254 Athletic Coordinator (R 12.5) (Obsolete) 5255 Recreation Coordinator (R 12.5) (Obsolete) 5256 Recreation Activities Coordinator (R 15.5) 5266 Aquatic Specialist (R 10.5) 5267 Aquatic Leader (R 7.0) (Obsolete) 5268 Lifeguard/Instructor (R 2.0) 5271 Parks and Recreation Administrative Specialist (R 16 5) (Obsolete) 6000 Public Protection Group 6100 Police Protection Series 6121 Police Officer (Pay Code 400) 6122 Police Officer (Lateral) (Pay Code 400) 6124 Police Sergeant (Pay Code 450) 6126 Police Lieutenant (Pay Code 968P) 6127 Police Captain (Pay Code 966P) 6200 Police Support Series 6210 Senior Evidence Technician (R 18.0) 6211 Evidence Technician (R 17.0) 6212 Assistant Evidence Technician (R 12.0) 6215 Community Services Officer (R 14.0) 6221 Corrections Officer (R 15.5) http://www.codepublishing.com/WA/Yakima/ht nl/yakima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 19 of 72 Class No. Class Title (Pay Range) 6235 Corrections Administrative Specialist (R 16.0) 6241 Police Information Specialist (R 16.0) * (Obsolete) 6242 Police Records Supervisor (R 14 0)* (Obsolete) 6243 Police Department Assistant III (R 8.5)* (Obsolete) 6251 Police Department Assistant I (R 5.5) (Obsolete) 6252 Police Services Specialist I (R 12.0) 6253 Police Services Specialist II (R 14.0) 6260 Police Cadet (R 5.0) (Obsolete) 6265 Crime and Intelligence Analyst (R 22.0) 6300 Fire Protection Series 6321 Firefighter (Pay Code 530) 6323 Fire Lieutenant (Shift) (Pay Code 525) 6324 Fire Lieutenant (Day) (Pay Code 526) 6325 Fire Captain (Shift) (Pay Code 515) 6326 Fire Captain (Day) (Pay Code 510) 6327 Battalion Chief (Shift) (Pay Code 969) 6328 Battalion Chief (Day) (Pay Code 968) * (Inactive) 6338 Fire Investigation and Education Officer (Pay Code 510) (Inactive) 6339 Fire Investigator (Pay Code 520) (Inactive) 6340 Public Safety & Education Officer (Pay Code 506) (Inactive) 6341 Technical Training Supervisor (Pay Code 506) (Inactive) http://www.codepublishing.com/WA/Yakima/htrnl/yakima02/Yakuna0220.htrnl 5/1/2013 Chapter 2.20 SALARIES Page 20 of 72 Class No. Class Title (Pay Range) 6342 Technical Training Lieutenant (Pay Code 526) (Inactive) 6343 Deputy Fire Marshal (Pay Code 506) 6344 Assistant Fire Marshal (Pay Code 527) 6351 Fire Training Captain (Pay Code 506) 6352 Fire Training Lieutenant (Pay Code 527) 6380 Deputy Fire Chief (Pay Code 965) * Retained for Pension Purposes 6400 Fire Support Series 6410 911 Calltaker (Pay Code 590) 6411 Fire Dispatcher (Pay Code 575) (Obsolete) 6412 Public Safety Dispatcher (Pay Code 575) 6415 Public Safety Communications Supervisor (Pay Code 558) 6425 Alarm Supervisor (Pay Code 555) (Obsolete) 6440 Fire Secretary I (Pay Code 585) 6441 Fire Secretary II (Pay Code 580) 6500 Animal Control Series 6510 Animal Control Officer (R 15.0) 6511 Animal Control Officer (Lead) (R 10.5) (Obsolete) 6600 Parking Control Series 6610 Parking Enforcement Officer (R 13.0) 6611 Lead Parking Enforcement Officer (R 9.5) (Obsolete) 7000 Office Support Group 7100 Clerical Series 7110 Senior Center Clerk (R 6.5) (Obsolete) http://www.codepublishing.com/WA/Yaki na/htrl/yalcima02/Yalcuna0220.htrl 5/1/2013 Chapter 2.20 SALARIES Page 21 of 72 Class No. Class Title (Pay Range) 7111 Senior Center Assistant (R 10.5) 7121 Department Assistant I (R 5.5) 7122 Department Assistant II (R 6.5) 7123 Department Assistant III (R 8.5) 7124 Department Assistant IV (R 10.5) 7131 Word Processing Typist (R 8.0) (Obsolete) 7141 Pension/Records Clerk (R 12.5) (Obsolete) 7151 Water/Irrigation Division Administrative Specialist (R 12.0) 7161 Public Records Officer (R 19.0) 7171 Communications & Technology Office Assistant (R 16.5) 7300 Utility Service Series 7311 Water Service Specialist (R 14.5) 7315 Utility Service Representative (R 12.0) 7500 Data Processing Support Series 7511 Data Entry Operator I (R 5.5) (Obsolete) 7512 Data Entry Operator II (R 7.0) (Obsolete) 7600 Duplicating Series 7611 Print Shop Operator (R 11.5) 8000 Maintenance and Crafts Group 8100 Maintenance and Crafts Supervision Series 8111 Park Supervisor I (R 13.0) (Obsolete) 8200 Mechanical Repair Series 8203 Fleet Maintenance Technician (R 14.5) 8204 Vehicle Maintenance Attendant (R 10.0) 8205 Police Fleet Specialist (R 15.5) 8211 Mechanic I (R 17.0) http://www.codepublishing.com/WA/Yakima/htinl/yakima02/Yakirna0220.html 5/1/2013 Chapter 2.20 SALARIES Page 22 of 72 Class No. Class Title (Pay Range) 8213 Automotive Storekeeper (R 15.5) 8221 Machinist (R 14.0) (Obsolete) 8230 Maintenance Mechanic (Pay Code 560) 8241 Industrial Maintenance Mechanic (R 17.0) 8242 Preventative Maintenance Technician (R 15 0) 8251 Waterworks Device Technician (R 16.0) 8252 Water Device Crew Leader (R 18.0) 8253 Water Meter Infrastructure Crew Leader (R 18.5) 8300 Plant Operation Series 8301 Wastewater Facility Support Worker (R 8.5) 8302 Industrial Waste Operator (R 14.5) (Obsolete) 8311 Wastewater Treatment Plant Operator I (R 10.5) 8312 Wastewater Treatment Plant Operator II (R 15 0) 8313 Wastewater Treatment Plant Operator III (R 17.0) 8320 Laboratory Assistant (R 10.5) (Inactive) 8321 Laboratory Technician (R 15.5) 8322 Pretreatment Technician (R 15.5) 8323 Pretreatment Crew Leader (R 17.5) 8324 Environmental Compliance Specialist (R 21.0) 8326 Laboratory Chemist (R 19.0) 8331 Water Treatment Plant Operator -In - Training (R 14.5) 8332 Water Treatment Plant Operator II (R 20.0) http://www.codepublishing.coin/WA/Yakima/htrl/yalcima02/Yalciina0220.htm1. 5/1/2013 Chapter 2.20 SALARIES Page 23 of 72 Class No. Class Title (Pay Range) 8333 Water Treatment Plant Operator III (R 20 5) 8335 Water Quality Specialist (R 21 5) 8400 Equipment Operation Series 8421 Equipment Operator I (R 10.5) (Obsolete) 8422 Equipment Operator II (R 12.0) (Obsolete) 8423 Equipment Operator III (R 14.0) (Obsolete) 8433 Solid Waste Collector/Driver (R 15.5) 8434 Solid Waste Code Compliance Officer (R 15.5) 8500 Facilities Maintenance Series 8511 Custodian (R 4.5) 8541 Building Maintenance Specialist (R 8.5) 8542 Facility Maintenance Specialist (R 11.5) 8600 Labor and Crafts Series 8610 Labor Helper (R 2.0) (Obsolete) 8621 Monument Setter (R 11.5) (Obsolete) 8631 Utility Worker (R 10 5) (Inactive) 8641 Solid Waste Maintenance Worker (R 12.5) 8651 Concrete Specialist I (R 13.5) (Obsolete) 8662 Traffic Signs and Markings Specialist I (R 13.5) 8663 Traffic Signs and Markings Specialist II(R150) 8664 Senior Traffic Sign and Markings Specialist (R 16.5) 8671 Irrigation Specialist I (R 13.5) 8672 Irrigation Specialist II (R 15.0) 8673 Irrigation Crewleader (R 17.0) htt.://www.code.ublishuia.com/WA/Yakima/html/ alcima02/Yakima0220.htm1 5/1/2013 Chapter 2.20 SALARIES Page 24 of 72 Class No. Class Title (Pay Range) 8681 Storekeeper (R 15 5) 8700 Public Works Maintenance Series 8701 Street Inspector (R 17.0) 8710 Street Laborer (R 9 0) (Obsolete) 8711 Street Maintenance Specialist (R145) 8713 Street Maintenance Crew Leader (R 17.5) 8721 Street Cleaning Specialist I (R 10.5) (Obsolete) 8722 Street Cleaning Specialist II (R 12.5) (Obsolete) 8731 Wastewater Maintenance Specialist I (R 13.5) 8732 Wastewater Maintenance Specialist II (R 15.0) 8733 Wastewater Maintenance Crew Leader (R 17.0) 8741 Waterworks Specialist I (R 13.5) 8742 Waterworks Specialist II (R 15.0) 8743. Waterworks Specialist III (R 13.5) (Obsolete) 8744 Water Distribution Crewleader (R 17.0) 8745 Waterworks Drafting/Service Representative (R 16.0) 8750 Utilities Locator (R 14.5) 8751 Utilities Locator/Safety Coordinator (R 16.5) 8755 Construction Quality Control Technician (R 17.5) 8800 Parks Maintenance Series 8810 Park Laborer (R 9.0) (Obsolete) 8817 Parks Maintenance Technician (R 15.5) http://www.codepublishing.com/WA/Yaki na/html/yakima02/Yalcima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 25 of 72 Class No. Class Title (Pay Range) 8818 Parks Maintenance Specialist (R 12.5) 8819 Parks Maintenance Worker (R 9.0) 8820 Park Caretaker (R 6.5) (Obsolete) 8821 Park Specialist I (R 9.5) (Obsolete) 8822 Park Specialist II (R 10.5) (Obsolete) 8823 Park Specialist III (R 12.5) (Obsolete) 8825 Golf Course Maintenance Specialist (R 16.5) 8830 Cemetery Specialist (R 12.5) (Obsolete) 8831 Cemetery Maintenance Technician (R 14.0) 8840 Pool Maintenance Specialist (R 12.5) (Obsolete) 8841 Aquatic Maintenance Technician (R 16.5) 8900 Airport Maintenance Series 8910 Airport Maintenance Specialist (R 16.5) 9000 Temporary Work Group 9100 City Worker Series 9114 City Worker (Outside) 9125 City Worker (Inside) 9126 Temporary Refuse Helper 9131 Rule 9 Legal Intern (Pay Code 931) 9151 Judge Pro Tem (Pay Code 941) D. Union Exempt Civil Service Classes. Class No. Class Title (Pay Range) 10000 Union Exempt Management Support Group 10100 Human Resource Series 10101 Deputy Human Resources Manager (Pay Code 972) http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 26 of 72 Class No. Class Title (Pay Range) 10102 Chief Examiner (Pay Code 975) 10103 Human Resources Specialist (Pay Code 981) 10104 Human Resources Assistant (Pay Code 984) 10200 Information Technology Series 10201 Senior Analyst (Pay Code 974) 10202 Project Manager (Pay Code 975) 10203 Lead Applications Systems Designer (Pay Code 976) 10300 Fiscal Series 10301 Payroll Officer (Pay Code 975) 10302 Accountant (Pay Code 975) 10303 Financial Services Officer (Pay Code 972) 10304 Treasury Services Officer (Pay Code 972) 10305 Financial Services Technician — Payroll (Pay Code 981) 10500 Clerical Series 10502 Deputy City Clerk (Pay Code 979) 10506 Executive Assistant (Pay Code 980) 10507 Administrative Secretary (Pay Code 983) (Inactive) 10510 Legal Assistant III (Pay Code 980) 10511 Legal Assistant II (Pay Code 983) 10512 Legal Assistant I (Pay Code 984) 10520 Utility and Finance Assistant (Pay Code 9$0) 10600 Civil Engineer Technical Support Series 10601 Engineering Contracts Specialist (Pay Code 980) 10602 Engineering Office Assistant (Pay Code 982) 11000 Union Exempt Technical Supervisory Group http://www.codepublishing.com/WA/Yakima/htrnl/yalciina02/Yakima0220.htm1 5/1/2013 Chapter 2.20 SALARIES Page 27 of 72 Class No. Class Title (Pay Range) 11100 Civil Engineering Supervisory Series 11101 Construction Supervisor (Pay Code 973) 11102 Utility Engineer (Pay Code 971) 11103 Supervising Traffic Engineer (Pay Code 973) 11104 Senior Engineer (Pay Code 972) 11105 Water/Irrigation Engineer (Pay Code 972) 11106 Surface Water Engineer (Pay Code 973) 11107 Chief Engineer (Pay Code 970) 11108 Utility Project Manager (Pay Code 970) 11200 Planning Supervisory Series 11201 Supervising Planner (Pay Code 973) 11202 Senior Project Planner (Transit) (Pay Code 972) (Inactive) 11250 Code Inspection Supervisory Series 11251 Supervising Code Inspector (Pay Code 973) 11300 Electrical Supervisory Series 11301 Traffic Operations Supervisor (Pay Code 973) 11400 Housing Services Supervisory Series 11401 Senior Program Supervisor (Pay Code 978) 11410 Neighborhood Development Services Operations Supervisor (Pay Code 973) 11500 Recreation Supervisory Series 11501 Recreation Program Supervisor (Pay Code 980) 11502 Aquatics Program Supervisor (Pay Code 975) (Inactive) http://www.codepublishing.com/WA/Yakima/html/yakira02/Yakinza0220.html 5/1/2013 Chapter 2.20 SALARIES Page 28 of 72 Class No. Class Title (Pay Range) 11503 Recreation Supervisor (Pay Code 976) 11600 Clerical Series 11601 Community Development Administrative Assistant (Pay Code 980) 11602 Code Inspection Office Supervisor (Pay Code 978) 11603 Public Works Office Assistant (Pay Code 983) 11604 Parks and Recreation Administrative Associate (Pay Code 979) 11610 Administrative Assistant for Yakima Air Terminal (Pay Code 980) 11700 Police Support Supervisory Series 11701 Administrative Assistant to the Police Chief (Pay Code 980) 11710 Police Services Supervisor (Pay Code 978) 11720 Corrections Sergeant (Pay Code 977) 11730 Forensic Supervisor (Pay Code 975) 11740 Crime and Intelligence Analyst Supervisor (Pay Code 967) 11750 Lead Police Support Services Supervisor (Pay Code 976) 11800 Administrative Support Supervisory Series 11801 Administrative Assistant to the Director of Public Works (Obsolete) 11805 Senior Buyer (Pay Code 976) 11900 Information Technology Series 11901 Supervising Senior Analyst (Pay Code 972) 11902 Operations Supervisor (Pay Code 973) http://www.codepublishing.com/WA/Yalcima/html/yalcima02/Yalcima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 29 of 72 Class No. Class Title (Pay Range) 12000 Union Exempt Mechanical Maintenance and Repair Supervisory Group 12100 Fleet Maintenance and Repair Supervisory Series 12101 Equipment Maintenance Supervisor (Pay Code 977) 12102 Mechanic II (Pay Code 979) 12103 Equipment Supervisor (Pay Code 975) 12200 Industrial Maintenance and Repair Supervisory Series 12201 Industrial Maintenance Supervisor (Pay Code 974) 13000 Union Exempt Maintenance Supervisory Group 13100 Parks Maintenance Supervisory Series 13101 Parks Operations Supervisor (Pay Code 972) 13102 Parks Superintendent (Pay Code 973) 13103 Cemetery Supervisor (Pay Code 978) 13200 Wastewater Collections Supervisory Series 13201 Wastewater Maintenance Supervisor (Pay Code 975) 13300 Street Maintenance and Repair Supervisory Series 13301 Street Supervisor (Pay Code 975) 13302 Street Maintenance Supervisor (Pay Code 973) 13400 Irrigation Supervisory Series 13401 Irrigation Supervisor (Pay Code 976) 13500 Waterworks Supervisory Series 13501 Water Distribution Supervisor (Pay Code 975) 13600 Facilities Maintenance Supervisory Series http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 30 of 72 Class No. Class Title (Pay Range) 13601 Building Superintendent (Pay Code 978) 13700 Traffic Sign Supervisory Series 13701 Traffic Sign Supervisor (Pay Code 975) 14000 Route Operations Supervisory Group 14100 Refuse Supervisory Series 14101 Solid Waste Supervisor (Pay Code 979) 14200 Transit Supervisory Series 14201 Transit Operations Supervisor (Pay Code 975) 14202 Transit Field Operations Supervisor (Pay Code 978) 14300 Utility Service Series 14301 Utility Service Supervisor (Pay Code 978) 15000 Plant Operations Supervisory Group 15100 Wastewater Treatment Plant Supervisory Series 15101 Assistant Wastewater Manager (Pay Code 971) 15102 Wastewater Treatment Plant Process Control Supervisor (Pay Code 973) 15103 Wastewater Treatment Plant Chief Operator (Pay Code 976) 15104 Pretreatment Supervisor (Pay Code 975) 15200 Water Treatment Plant Supervisory Series 15201 Water Treatment Plant Supervisor (Pay Code 974) 15300 Wastewater Treatment Laboratory Supervisory Series 15301 Lab Coordinator (Pay Code 975) 16000 Union Exempt Fire Support Group http://www.codepublishing.com/WA/Yakima/html/yakima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 31 of 72 Class No. Class Title (Pay Range) 16101 Administrative Assistant to the Fire Chief (Pay Code 980) 17000 Union Exempt Fire Civil Service Supervisory Series 17101 Public Safety Assistant Communications Manager (Pay Code 973) 18000 Union Exempt Fire Public Safety Support Group 18101 Communications Division Office Assistant (Pay Code 987) E. Transit Civil Service Classes. Class No. Class Title (Pay Range) 20000 Transit Technical Support Group 20100 Transit Technical Series 20101 Marketing and Program Administrator (Pay Code 675) 20102 Transit Project Planner (Pay Code 675) 21000 Transit Supervisory Group 21100 Transit Supervisory Series 21101 Transit Route Supervisor (Pay Code 665) 22000 Transit Maintenance and Operation Group 22100 Transit Operation Series 22101 Transit Operator (Pay Code 655) 22102 Transit Dispatcher (Pay Code 665) 22103 Transit Vehicle Driver (Pay Code 645) 23000 Transit Maintenance Group 23100 Transit Maintenance Series 23101 Transit Service Worker (Pay Code 650) http://www.codepublishing.com/WA/Yakima/htmllyalcima02/Yakima0220.html 5/1/2013 Chapter 2.20 SALARIES Page 32 of 72 Class No. Class Title (Pay Range) 23102 Transit Vehicle Cleaner (Pay Code 625) 24000 Transit Office Support Group 24100 Transit Office Support Series 24101 Transit Department Assistant II (Pay Code 645) (Ord. 2013-008 §§ 1-4, 2013; Ord. 2013-004 §§ 1-3, 2013; Ord. 2012-48 §§ 1-3, 2012; Ord. 2012-33 §§ 1-4, 2012; Ord. 2012-04 §§ 1, 2, 2012, Ord. 2011-61 §§ 1, 2, 2011, Ord. 2011-49 §§ 1-3, 2011; Ord. 2011-35 § 1, 2011; Ord. 2011-27 §§ 1, 2, 2011; Ord. 2011-24 §§ 1-3, 2011; Ord. 2011-15 §§ 1-4, 2011, Ord. 2011-01 §§ 1, 2, 2011; Ord. 2010-49 §§ 1-4, 2010; Ord. 2010-04 §§ 1, 2, 2010; Ord. 2009-40 §§ 1- 4, 2009; Ord. 2009-17 §§ 1, 2, 2009; Ord. 2009-05 §§ 1, 2, 2009; Ord. 2008-56 §§ 1-3, 2008; Ord. 2008-22 §§ 1-3, 2008; Ord. 2007-71 §§ 1, 2, 2007; Ord. 2007-54 §§ 1, 2, 2007; Ord. 2007-39 §§ 1-3, 2007; Ord. 2007-12 § 1, 2007; Ord. 2007-03 §§ 1, 2, 2007; Ord. 2006-65 §§ 1-4, 2006; Ord. 2006-20 §§ 1-3, 2006; Ord. 2006-15 §§ 1-4, 2006, Ord. 2006-01 §§ 1-3, 2006; Ord. 2005-86 §§ 1, 2, 2005; Ord. 2005-65 §§ 1, 2, 2005; Ord. 2004-86 §§ 1, 2, 2004; Ord. 2004-59 §§ 1-3, 2004; Ord. 2004-30 §§ 1, 2, 2004; Ord. 2004-27 § 1, 2004; Ord. 2004-08 §§ 1, 2, 2004; Ord. 2004-03 §§ 1, 2, 2004; Ord. 2003-77 §§ 1-3, 2003; Ord. 2003- 62 §§ 1-3, 2003; Ord. 2003-42 § 1, 2003, Ord. 2003-28 §§ 1, 2, 2003; Ord. 2003-14 §§ 1, 2, 2003, Ord. 2003-09 §§ 1, 2, 2003; Ord. 2002-62 §§ 1-4, 2002; Ord. 2002-44 §§ 1-3, 2002; Ord. 2002-33 §§ 1-3, 2002; Ord. 2002-13 §§ 1, 2, 2002; Ord. 2001-78 §§ 1, 2, 2001; Ord. 2001-62 §§ 1-3, 2001; Ord. 2001-42 §§ 1, 2, 2001, Ord. 2001-10 §§ 1-4, 2001; Ord. 2001-05 §§ 1, 2, 2001; Ord. 2000-64 §§ 1-3, 2000; Ord. 2000-38 §§ 1-3, 2000; Ord. 2000-26 §§ 1-3, 2000; Ord. 2000-17 §§ 1-3, 2000; Ord. 2000-14 §§ 1-3, 2000; Ord. 99-34 §§ 1, 2, 1999; Ord. 99-30 §§ 1, 2, 1999; Ord. 99-25 §§ 1, 2, 1999; Ord. 99-12 §§ 1-3, 1999; Ord. 98-74 §§ 1, 2, 1998; Ord. 98-69 §§ 1, 2, 1998, Ord. 98-33 §§ 1-5, 1998: Ord 98-1 §§ 1-3, 1998; Ord. 97-76 §§ 1-4, 1997; Ord. 97-53 §§ 1-3, 1997; Ord. 97-35 §§ 1, 2, 1997, Ord. 97-14 §§ 1, 2, 1997; Ord. 97-8 §§ 1-3, 1997; Ord. 96-74 §§ 1, 2, 1996, Ord. 96-70 §§ 1, 2, 1996; Ord. 96-65 §§ 1-3, 1996; Ord. 96-45 §§ 1, 2, 1996, Ord. 96-34 §§ 1, 2, 1996, Ord. 96-30 §§ 1, 2, 1996; Ord. 96-15 §§ 1-3, 1996; Ord. 96-14 §§ 1, 2, 1996; Ord. 96-10 §§ 1-3, 1996; Ord. 95-69 §§ 1-3, 1995; Ord. 95-68 §§ 1-3, 1995; Ord. 95-64 §§ 1-3, 1995; Ord. 95-23 §§ 1, 2, 1995, Ord. 95-14 §§ 1-3, 1995; Ord. 94-82 §§ 1-3, 1994; Ord. 94-77 §§ 1-3, 1994; Ord. 94-67 §§ 1, 2, 1994; Ord. 94-60 §§ 1-3, 1994; Ord 94-58 § 1, 1994; Ord. 94-52 §§ 1-3, 1994; Ord. 94-21 §§ 1, 2, 1994; Ord 94-5 §§ 1-3, 1994; Ord. 93-40 §§ 1-3, 1993; Ord. 93-14 §§ 1, 2, 1993; Ord. 93-9 §§ 1-3, 1993, Ord. 93-2 § 1, 1993; Ord. 3503 § 1, 1992; Ord. 3492 §§ 1, 2, 1992; Ord 3456 §§ 1, 2, 1993; Ord 3441 §§ 1, 2, 1992; Ord. 3374 §§ 1, 2, 1991, Ord. 3362 §§ 1, 2, 1991; Ord. 3355 §§ 1, 2, 1991; Ord. 3342 §§ 1, 2, 1991; Ord. 3337 §§ 1, 2, 1991; Ord. 3329 §§ 1, 2, 1991; Ord. 3311 §§ 1, 2, 1990; Ord. 3285 §§ 1, 2, 1990; Ord. 3275 §§ 1, 2, 1990; Ord. 3265 §§ 1-3, 1990: Ord. 3251 §§ 1, 2, 1990; Ord. 3247 §§ 1-3, 1990: Ord. 3241 §§ 1, 2, 1990; Ord. 3235 §§ 1, 2, 1990; Ord. 3214 §§ 1, 2, 1989; Ord. 3193 § 1, 1989; Ord. 3180 §§ 1, 2, 1989; Ord. 3171 §§ 1, 2, 1989; Ord. 3168 §§ 1, 2, 1989; Ord. 3155 §§ 1, 2, 1989; Ord. 3142 § 1, 1988; Ord. 3130 §§ 1, 2, 1988; Ord. 3105 §§ 1, 2, 1988; Ord. 3069 §§ 1, 2, 1987; Ord. 3062 §§ 1, 2, 1987; Ord. 3051 §§ 1, 2, 1987; Ord. 3036 §§ 1, 2, 1987; Ord. 3023 §§ 1, 2, 1987; Ord. 3022 § 1, 1987; Ord. 3021 §§ 1, 2, 1987, Ord. 3001 §§ 1-3, 1987; Ord. 2945 §§ 1, 2, 1986; Ord. 2933 §§ 1, 2, 1986; Ord. 2917 §§ 1, 2, 1985; Ord. 2907 § 1, 1985. Ord. 2878 § 1, 1985: Ord. 2875 § 1, 1985: Ord. 2872 § 1, 1985: Ord. 2866 § 1, 1985: Ord. 2861 § 1, 1985: Ord. 2853 § 1, 1985: Ord. 2847 § 1, 1985: Ord. 2842 § 1, 1985: Ord. 2828 § 1, 1984. Ord. 2803 § 1, 1984: Ord. 2797 § 1, 1984: Ord. http://www.codepublish ng.com/WA/Yakima/html/yalcima02/Yalcima0220.html 5/1/2013 RESOLUTION NO. R-2015-050 A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for January 1, 2016 — December 31, 2019 with the Yakima Police Patrolman's 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 2016 - 2019; 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 hereby authorized and directed to execute the attached and incorporated Collective Bargaining Agreement between the City of Yakima and the Yakima Police Patrolman's Association ADOPTED BY THE CITY COUNCIL this 7th day of April 2015. ATTEST. /s/ Sonya Claar Tee /s/ Micah Cawley Micah Cawley, Mayor Certified to be a true and correct copy of the original filed in my office. City Clerk CITY CLERK By Deputy ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: Apri17, 2015 Resolution authorizing Yakima Police Patrolman's Association (YPPA) Collective Bargaining Agreement for 2016-2019 Tony O'Rourke, City Manager SUMMARY EXPLANATION: The attached 2016-2019 Yakima Police Patrolman's Association (YPPA) Collective Bargaining Agreement was negotiated in good faith between the parties. The settlement package is highlighted below. YPPA 2016-2019 • Wage adjustment of 2.5% for 2016, 2017, 2018 and 2019. • Incentive pay adjustments from 2% to 3% for SWAT, K-9 and Traffic • Increase in the number of Union Leave hours allowed • Established shift bidding order • Defined experience requirements for Police Corporal positions • Adjustment in maximum threshold allowed for sick leave exchange upon retirement or death for members with 30 or more years of service • Years of service credits for lateral hires See attached memo for additional details. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Adopt Resolution executing the 2016-2019 YPPA Collective Bargaining Agreement. ATTACHMENTS: Description Upload Date ❑ YPPA memo to Council 411/2015 ❑ resolution YPPA 4/2/2015 t1 2016-2019 YP PA CBA redline 4/2/2015 ❑ 2016-2019 YP PACBA Final with attachments 4/2/2015 Type Cover M emo Cover M emo Cover M emo Cover M emo MEMORANDUM To: Honorable Mayor and Members of the Yakima City Council From: Tony O'Rourke, City Manager Date: April 1, 2015 RE: Yakima Police Patrolman's Association 2016-2019 Collective Bargaining Agreement The current two-year Collective Bargaining Agreement (CBA) with the Yakima Police Patrolman's Association (YPPA) expires on December 31, 2015. In anticipation of this date, the City and YPPA representatives have bargaining in good faith to negotiate a new CBA covering wages, hours, and conditions of employment for the next four years (2016-2019). To that end, both parties recommend City Council review and approve the attached CBA. The YPPA membership voted and ratified this proposed agreement 86 to 3 on March 31, 2015. Highlights of the proposed CBA include: • Wage adjustment of 2.5% for 2016, 2017, 2018, and 2019. This wage adjustment is consistent with the December 2, 2014 Council approved Teamsters Police Management (captains and lieutenants) CBA, as well as, the annual 2.5% employee wage increase we have projected in the City's Five Year Financial Plan. • In the past 15 years, the YPPA has averaged annual wage increases of 3.5%. • Incentive pay adjustments from 2% to 3% for SWAT, Traffic, and K-9 officers. • Union leave granted for association business, such as attending labor conventions and educational conferences, will be increased for the entire bargaining unit from 15 days or 150 hours to 20 days or 200 hours annually. • The City and YPPA agree to open discussion on consolidating and refining employee rights and discipline language within the next six months. The impetus for this "reopener" is to address discrepancies in the employee rights and discipline language in the YPPA CBA, Police Department policies and procedures, and Civil Service regulations. • The YPPA, per Public Employment Relations Commission decision in Washington State Patrol Troopers Association v. State of Washington State Patrol, is granted the right to contact and interview fellow YPPA members concurrent to a formal internal investigation by the City. • The City Council approved, and budgeted Corporal positions shall require a minimum of 5 years of police officer experience and be paid 5% above the top step of a police officer. After successfully completing probation, employees would be eligible for a second step increase (7% above the top step of a Police Officer). • Shift bidding will start with Police Officers, followed by Corporals, and finally Sergeants. • Newly hired lateral Police Officers with two (2) or more years' experience after the State Patrol Academy shall be given credit for prior years of Police Officer service when calculating vacation accrual rates. Upon ratification of this Agreement, current YPD officers that were lateral hires (approximately 10), will receive a one-time vacation bank of ninety (90) vacation hours for their prior law enforcement service. • The YPPA will continue to pay the current employee and dependent health insurance premium rates, however, the YPPA agrees to reopen discussion on sick leave and health insurance in 2018 and 2019 in recognition of currently unknown financial requirements and potential tax implications of the Affordable Care Act. • Upon retirement or death, YPPA members with less than 30 years of service who have accrued sick leave up to 720 hours will exchange sick leave at a rate of 50% of the employee's base pay not to exceed $22,000, which will be deposited in the employee's VEBA account. Employees who voluntarily resign (separate from death or retirement) with less than 30 years of service will continue to exchange their leave up to 720 hours at a rate of 25%, up to a maximum of $22,000. Upon retirement or death, YPPA members with 30 years of service or more will exchange sick leave (up to 720 hours) at a rate of 100% up to a maximum of $28,500. Employees who voluntarily resign (separate from death or retirement) will continue to exchange their leave up to 721 hours at a rate of 25%, up to a maximum of $22,000. On behalf of the City, I would like to thank YPPA Board members Officer Tony Patlan (President), Officer Jim Wolcott (Vice President), Sergeant Sean Boyle (Secretary) Sergeant Ira Cavin (Treasurer), and Officer Jim Yates (Sergeant at Arms) for their professional and pragmatic conduct during these CBA negotiations. This Agreement represents a fair and mutually beneficial agreement between our front line Police Officers and the City of Yakima. COLLECTIVE BARGAINING AGREEMENT by and between CITY OF YAKIMA and YAKIMA POLICE PATROLMANS ASSOCIATION Effective January 1, 204-4-2016 through December 31, 2015 2019 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION OF ASSOCIATION/BARGAINING UNIT 43 ARTICLE 2 - COLLECTIVE BARGAINING REPRESENTATIVES 43 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS 54 ARTICLE 4 - ASSOCIATION SECURITY 54 ARTICLE 5 - NON-DISCRIMINATION 65 ARTICLE 6 - COLLECTIVE BARGAINING 65 ARTICLE 7 - GRIEVANCE PROCEDURE 76 ARTICLE 8 - UNION LEAVE 98 ARTICLE 9 - ASSOCIATION REPRESENTATIVE ASSIGNED DAY SHIFT 109 ARTICLE 10 - MANAGEMENT RIGHTS 10 ARTICLE 11 - EMPLOYEES' RIGHTS 121 ARTICLE 12 - WAGES 164 ARTICLE 13 - SHIFT HOURS 187 ARTICLE 14 - VACATIONS 204-g ARTICLE 15 - SENIORITY SYSTEM 49220 ARTICLE 16 - HOLIDAY ASSIGNMENT 20231 ARTICLE 17 - HOLIDAYS WITH PAY 20231 ARTICLE 18 - UNIFORM CLEANING AND ISSUE 24242 ARTICLE 19 - PLAINCLOTHES CLOTHING ALLOWANCE 22253 ARTICLE 20 - LIFE INSURANCE 22253 ARTICLE 21 - HEALTH INSURANCE 22253 ARTICLE 22 - LIABILITY AND PHYSICAL DAMAGE INSURANCE 23264 ARTICLE 23 - DIFFERENTIAL PAY 24275 ARTICLE 24 - SICK LEAVE 25286 ARTICLE 25 - TRANSPORTATION 29320 ARTICLE 26 - TRAVEL AND TRAINING TIME 29330 ARTICLE 27 - GENERAL, SPECIAL AND PERSONNEL ORDERS 30331- ARTICLE 28 - ADVANCE NOTICE OF SHIFT CHANGE 30334- ARTICLE 29 - IMPROVED PERFORMANCE AND EFFICIENCY 39341- ARTICLE 30 - SAVINGS CLAUSE 34-342 ARTICLE 31 - WITNESS -CIVIL SERVICE BOARD 34342 ARTICLE 32 - PHYSICAL FITNESS 34342 ARTICLE 33 - DEFERRED COMPENSATION 34352 ARTICLE 34 - MILITARY & CIVIL LEAVE 32353 ARTICLE 35 - OFF -DUTY EMPLOYMENT 32353 ARTICLE 36 - LAYOFFS 33374 ARTICLE 37 _ DURATIONPOLICE CORPORALS 34375 ARTICLE 38 — DURATION 3 8 Appendix A — Yakima Police Department Patrol Blue/Gold Team Schedule -2- YPPA Collective Bargaining Agreement January 1, 2-0442016 — December 31, 2-04-52019 Appendix B — City of Yakima Police Department dDrug and Aalcohol Testing pPolicy Appendix C — Resolution No. D-5820 PoIicc Officer Indemnification Appendix D — Yakima Police Department Use of Deadly Force Situations Summary Statement to Supervisor Appendix E — City of Yakima Municipal Code Chapter 2 (as written prior to December 1, 2014) -3- YPPA Collective Bargaining Agreement January 1, 2014-20 16 — December 31, 20152019 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/her designates, on behalf of the City Council, and a person or persons representing the Association. The Secretary of the Association shall notify the City Manager in writing of the names of the person or persons representing the Association for collective bargaining purposes and the City Manager shall notify the Association of his/her designates in a similar manner. -4- YPPA Collective Bargaining Agreement January 1, 204-42016 — December 31, 204-52019 ARTICLE 3 - ASSOCIATION MEMBERSHIP/PAYROLL DEDUCTIONS Section 1 - Association Membership. Each employee within the bargaining unit is eligible to become and remain an Association member. However, active Association membership shall not be open to those employees of the Yakima Police Department permanently appointed to the positions excepted from the bargaining unit by Article 1 of this Agreement. In the event an Association member is permanently appointed to any position excepted from the bargaining unit, active Association membership shall thereupon be closed to him/her and he/she shall immediately discontinue active Association membership. Section 2 - Payroll Deductions. The City agrees to deduct Association membership fees, dues and other assessments by the Association against its members within the bargaining unit from the pay of those members who authorize the City to do so in writing. The Secretary of the Association shall forward signed authorization cards to the Finance Officer of the City setting forth the amounts to be deducted from the pay of each such person. The City shall transmit to the Treasurer of the Association the aggregate of such deductions during each calendar month, together with an itemized statement, on or before the 20th day of each month following the month for which such deductions are made. 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 (31 st) 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/she has not complied with the Association membership requirements of this Agreement within fifteen (15) days, his/her employment shall automatically be terminated. The Association agrees to withdraw any letter of termination if the employee, in respect to whom such letter has been served, shall complete his/her membership requirements within the time limit specified heretofore. -5- YPPA Collective Bargaining Agreement January 1, 29442016 — December 31, 20-1- 2019 Any employee having objections to Association membership, based on bona fide religious tenets or teachings of a church or religious body of which he/she 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. 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. -6- YPPA Collective Bargaining Agreement January 1, 20142016 — December 31, 204-52019 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. (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. -7- YPPA Collective Bargaining Agreement January 1, 20442016 — December 31, 20452019 (g) Any grievance shall be considered settled at the completion of any steps if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. If the grievance is not appealed as prescribed the issues shall be deemed withdrawn. (h) If an employee seeks a Civil Service Remedy then said employee waives all rights to use the grievance procedure. If an employee uses the grievance procedure then said employee waives all rights to use the Civil Service Procedures. No later than the thirtieth (30th) calendar day after the action or decision giving rise to the grievance, the employee must make an election of remedies as set forth in this section. Section 4 - Procedure. (a) Written Grievance to Division Commander. Within thirty (30) calendar days after an employee has been made reasonably aware of a wrongful act charged, an employee shall first reduce his/her grievance to writing and discuss it with his/her Division Commander. Said Commander or Designee shall make an investigation of the relevant facts and circumstances of the complaint and provide a written decision, and the reasons therefore, within thirty (30) calendar days. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (b) Grievance Appealed to Police Chief. An employee who is dissatisfied with the decision of the Division Commander may submit the grievance in writing within ten (10)thirty (30) calendar days to the Police Chief. In the event the grievance begins with the Police Chief, the employee must file the grievance in writing within thirty (30) calendar days after the action or decision giving rise to the grievance. The Police Chief or Designee shall make a separate investigation and notify the employee in writing of his/her decision, and the reasons therefore, within thirty (30) calendar days after receipt of the employee's grievance. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (c) Grievance Appealed to City Manager. An employee who is dissatisfied with the decision of the Chief of PolicePolice Chief may request a review by the City Manager by submitting a written request to him/her. Such request shall be submitted within ten (-1-9)thirty (30) calendar days after receipt of the decision from the Chin PolicePolice Chief. The City Manager or Designee shall make a separate investigation and notify the Employee in writing of his/her decision, and the reasons therefore, within forty-five (45) calendar days. If the grievance is delegated to a designee, such designation shall be acknowledged in the written response. (d) Arbitration. The Association shall notify the City Manager within €eforty-five (45) calendar days of the date the City Manager issues his/her decision in Section 7(4)(c) of this Collective Bargaining Agreement if the Association desires to submit the grievance to arbitration as the final step in the grievance procedure. In the event the parties are unable to mutually agree upon an arbitrator, either party may request a list for _thirteen (13) qualified arbitrators to agree as to whetherfrom the Public Employment Relations Commission, the Federal -8- YPPA Collective Bargaining Agreement January 1, Z0142O16 — December 3I, 20152019 Mediation and Conciliation Service, or the American Arbitration Association ill supply the list. If no agreement is reached, the list shall be requcated from the Public Employment Relations Commission. The parties shall select an arbitrator from the applicable list by mutually agreeing to an arbitrator or by alternately striking names. The parties shall flip a coin to decide who starts the striking process. The final name left on this list shall be the arbitrator. The arbitrator's decision shall be final and binding but the arbitrator shall have no power to alter, modify, add to or subtract from the terms of this agreement. The cost of the arbitrator shall be borne equally between the City and the Association. The City and the Association will pay their own remaining costs of arbitration, including their own attorneys' fees, witness fees, expert fees, and any other fees as well as costs, regardless of the outcome. ARTICLE 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 hie444z Tlice Departmcntthe Police Chief, and provided further that the total leave for the entire bargaining unit for the purposes set forth in this section shall not exceed fifteen (15) twenty (20) days in any fiscal year based on current shift hours. For example, a Union member whose regular shift is 10 hours per day would be entitled to twenty (20) days of leave at ten (10) hours per day for a total of 200 hours per year.; (d) Officers and members of the Association on business leave, either paid or unpaid, will list the date, place and nature or reason for leave en forms required byon Aassociation letterhead to the Chief of PoliccPolice Chief, to enable the Police Chief to verify the legitimacy of such absence. Section 2 — City owned Equipment and Supplies An Executive Board Member may utilize city owned/operated equipment to communicate with the Association and/or Management for the exclusive purpose of administration of this Agreement. Such use will: 1. Comply with the City of Yakima, Computer Use Policy — ADM 620 -9- YPPA Collective Bargaining Agreement January 1, 20142016 — December 31, 20-142019 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 Police Chief and the Human Resources Office with a written list of current Executive Board Members. The Union will notify the Police 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 I of the contract the Association shall submit to the Chief of PolicePolice Chief a list of not less than three (3) names of members (which may include the Chairman), authorized to handle a grievance, and the Police Chief shall schedule at least one (1) of these on an appropriate day shift. ARTICLE 10 - MANAGEMENT RIGHTS -10- YPPA Collective Bargaining Agreement January 1, 204-42016 — December 31, 201-2019 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) Determine the City budget and financial policies including accounting procedures. (4) Determine the procedures and standards for hiring and promotion consistent with Civil Service rules and regulations and the City Charter. However, if the Employer seeks to change Civil Service rules, then the parties will bargain about those changes. (5) Determine and direct, from time to time, transfers and assignments of personnel to and from different duties, responsibilities and/or Departments. (6) Decision to lay off personnel due to lack of work, lack of funds or reorganization. (7) Discipline personnel for just cause. (8) Determine and direct, from time to time, the retention or discontinuance of positions and classifications. (9) Determine, from time to time, job descriptions, duties of personnel and job classifications. (10) Determine the methods, means, equipment, numbers and kinds of personnel necessary to effectively and efficiently provide police and related services to the public. (11) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. (12) Assign work to and schedule employees in accordance with classifications and position descriptions, and to establish and change work schedules in accordance with Article 13. (13) Take necessary actions to carry out the mission of the City in emergencies, An emergency is defined as a sudden, unforeseen event which threatens the public health or safety. (14) Assign incidental duties reasonably connected with but not necessarily enumerated in job descriptions which shall nevertheless be performed when requested to do so by the Employer. The exercise of management rights shall not interfere with the Association's statutory right and duty to be the exclusive representative for bargaining unit employees. -11- YPPA Collective Bargaining Agreement January 1, 2A442016 — December 31, 20442019 ARTICLE 11- EMPLOYEES' RIGHTS No employee shall, by reason of his/her employment, be deprived of any rights or freedoms which are afforded to other citizens of the United States by the United States Constitution. The employee will be required to answer any questions involving non -criminal matters under investigation. Prior to any questioning, the employee will be notified in writing and acknowledge receipt of the following: "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. The YPPA and City Management_ agree to open discussion on this section within six (6) months of the Union ratifying the 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 PolicePolice Chief. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated. (a) Notification of formal internal investigation. Investigations shouldshall be commenced within (9)forty-five (45) calendar days of notification of the violation. Within (3) -12- YPPA Collective Bargaining Agreement January 1, 204-42016 — December 31, 20442019 calendar days after the Department assigns an internal investigation number to an administrative investigation, any employee who is the subject of the complaint shall be informed in writing of the nature of the investigation, and advised of the rights of the employee unless notification may prejudice the integrity of the investigation. 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. The YPPA shall be provided with written copies of all notices and extensions provided to the employee. (b) Recording Interviews. The Association stipulates that the interview of an employee during an investigation shall be audio recorded and a copy provided to each party 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 Statio , f eilityDepartment to include the Internal Affairs Lieutenant's office, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing and/or a representative of the Association. Said employee's attorney and/or Association representative and/or Association attorney may be present during the interview but shall not participate in the interrogation except to counsel the employee, provided that the Association representative, employee attorney or Association attorney may participate to the extent permitted by the law. (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. -13- YPPA Collective Bargaining Agreement January 1, 2-04-42016 — December 31, 20442019 (f) (g) It shall be unlawful for the City to require any employee covered by this agreement to take or be subjected to any polygraph or any polygraph type of examination as the condition of continued or continuous employment or to avoid any threatened disciplinary action. Disclosure of Investigation. Except in the event of good cause, investigations shall be completed within seventy-five (75) days of the members' official notification that a formal internal investigation is being conducted: -An employee who is the subject of an investigation shall be provided written notice if the investigation is not concluded within seventy five (75) calendar days of the notification given per Article 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 and the YPPA shall be provided further notice of extensions at thirty_ -day intervals. The proceeding requirement does not apply to criminal investigations. No later than seven (7) calendar days prior to a pre -disciplinary hearing, the employee and the YPPA 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 is -prohibited from contacting any witnesses or complainants in the investigation until such time as the disclosure of investigation described in this subsection occurs. The YPPA shall not be restricted from conducting its own independent concurrent investigationThis shall not restrict any designated YPPA representative of the employee from contacting and interviewing other YPPA members concurrent to the investigation being conducted by the City, pursuant to the Public Employment Relations Commission decision 1 1863 - PECB (Washington State Patrol Troopers Association v State - Washington State Patrol). A copy of the final outcome documentation of the investigation will be sent to the YPPA union office upon completion. (h) Definition of Disciplinary Day. For the purposes of discipline, one (1) day of discipline shall be equivalent to eight (8) hours of compensation/time. (h)(i) 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. 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 -14- YPPA Collective Bargaining Agreement January 1, 204-42016 — December 31, 2-04-52019 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, which the employee may view upon request, during business hours, regarding an employee's performance, or the Department from maintaining computerized records relating to training, promotion, assignment, or similar data. 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) fl)Drug Testing. See attached Appendix B, the City of Yakima Police Department Drug and Alcohol Testing Policy. (1)(m) 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 -15- YPPA Collective Bargaining Agreement January 1, 201120 l6 - December 3 I, 2041-52019 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. Effective January 1, 2016 the base wage compensation schedule in effect December 31.2015 shall be increased by 2.5%. Effective January 1, 2017 the base wage compensation schedule in effect December 31a 2016 shall be increased by 2.5%. Effective January 1, 2018 the base wage compensation schedule in effect December 31, 2017 shall be increased by 2.5%. Effective January 1.2019 the base wage compensation schedule in effect December 31. 2018 shall be increased by 2.5%. The top step Corporal monthly wage will be established and maintained at 7% above the top step Police Officer monthly wage. 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; -16- YPPA Collective Bargaining Agreement January 1, 204-42016 — December 31, 20-142019 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. n C'onfemr. Article i Section 2 bove 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. (1.) If the rate of pay of the employee in the higher class is above the maximum salary for the lower class, the employee's rate of pay will be decreased to the maximum rate of the lower class. (2.) If the rate of pay of the employee in the higher class is within the pay range of the lower class, the employee's rate of pay shall be reduced to the next lower pay step in the range. Section 4 - Longevity. Commissioned Police Officers, Corporals and Sergeants of the City 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 31 st day of December and the 30th day of June of each year: Years Of Service Longevity Compensation At least four (4) years and less than nine (9) years 1.5% of base monthly salary -17- YPPA Collective Bargaining Agreement January I, 201'12016 — December 31, 2 2019 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. 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. 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 Oefficers assigned to work the normal patrol shifts (not a specialty assignment) pursuant to Appendix "A". Shift schedule starting and ending times may vary by no more than fifteen 15 minutes. Shift hours are set as follows: A Squad 0630-1710 B Squad 0950-2030 C Squad 1700-0340 D Squad 2020-0700 -18- YPPA Collective Bargaining Agreement January 1, 2-04-42016 — December 31, 204-52019 The City and the YPPA agree to negotiate for the elimination of "tea squad4the—shift and the adjustment of other shift start times-t-e-eempensate. Any elimination of this -shifts, or adjustment of other shift times by more than 15 minutes will only be done by mutual agreement of both parties. 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, officers assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. The order of shift bidding will be by rank, with Officers bidding first, then Corporals and finally Sergeants. Police Officers , , assigned to the CRU SWAT team shall only be allowed to bid a maximum of two officers per shift, per team. This shall not include Corporals or Sergeants. 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. For any bargaining unit member working a ten (10) hour and forty (40) minute shift, the regular work period for that member shall be twenty-eight (28) days and the regular hours of work during that twenty-eight (28)-day period shall not exceed one hundred seventy one (171) hours. -19- YPPA Collective Bargaining Agreement January 1, 2O442016 — December 31, 211-52019 For any bargaining unit member working a nine (9) hour shift, the regular work period for that member shall be fourteen (14) days and the regular hours of work during that fourteen (14)-day period shall not exceed eighty six (86) hours. For any bargaining unit members working a ten (10) hour shift, the regular work period for that member shall be twenty-one (21) days and the regular hours of work during that twenty-one (21)-day period shall not exceed one hundred twenty eight (128) hours. (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. This includes instances in which officers are under subpoena to testify in a telephonic court or administrative hearing. Hours worked beyond this minimum shall be compensated at the overtime rate, 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. A member who has been scheduled to attend court is entitled to three (3) hours of overtime pay if the court appointment is cancelled any time after 0830 the prior business day of the appointment. Members cancelled from courtprior to that time are not entitled to compensation. (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. (g) Members are not permitted to schedule personal leave, or other compensatory time off for the purpose of working eCity funded overtime assignments during their regularly scheduled duty hours. This shall not apply to members who are working overtime during their pre -scheduled annual vacation leave, or members working overtime assignments funded or reimbursed from a source other than the City. (h) Members who are required to take work related telephone calls outside of their scheduled work hours are entitled to overtime pay under the following conditions. The telephone call must exceed 5 minutes and the call must have been authorized by a Lieutenant or higher rank within the dDepartment. The minimum amount of compensation for a work related phone call in these circumstances is one half an hour. Any time beyond that will be rounded up to the next quarter hour. -20- YPPA Collective Bargaining Agreement I January 1, 20.142016 — December 31, 20152019 ARTICLE 14 - VACATIONS Police Officers. Corporals and Sergeants shall be granted annual vacation as follows: After one (1) full year of employment After two (2) full years of employment After five (5) full years of employment After ten (10) full years of employment After fifteen (15) full years of employment After twenty (20) full years of employment Eighty-five (85) hours (forty hours may be taken after six months of employment) One hundred and one (101) hours One hundred and twenty-five (125) hours One hundred and sixty-five (165) hours One hundred and eighty-nine (189) hours One hundred and ninety-seven (197) hours After twenty-five (25) full years of employment Two hundred and five (205) hours New blaterally hireds employees with two (2) years or more of experience (after academy) within the last three (3) years shall be given credit for prior full years of service with their former employer when calculating vacation accrual rates. ¥nn nyho , e hifea 1ate..al hires Upon ratification of this Agreement, current YPD employees that were lateral hires will receive a one-time vacation bank of ninety (90) hours in recognition for his/her prior law enforcement service. 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 7565% 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 7-565% 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. -21- YPPA Collective Bargaining Agreement January 1, 20-142016 — December 31, 20-1.52019 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 — Vacation Scheduling. (1) Selection of annual vacation leave shall be by seniority as defined in Article 15. (2) Members shall select vacations within their own rank and squad. (3) Within the patrol division. a minimum of one (1) officer per squad shall be allowed annual vacation leave per work week. Within other specialty work units, one (1) officer will be allowed annual leave per work unit per assigned work week. The Police Chief, at his discretion, may authorize and increase the number of vacation slots available for officers to select from based on department need. (4) Members will select two weeks of annual vacation leave on the first selection round. On the second selection, round members will pick one week. During the third round members may elect to pick one week if desired, but are not required to nick a fourth week. (5) During the year, a member may request an alternate or additional vacation due to unforeseen circumstances. The request shall be made in writing through the member's chain of command to the Division Commander. The member may appeal the Division Commander's decision directly to the Chief of PolicoPolice Chief. (6) Members who are involuntarily transferred shall be allowed to keep their selected annual vacation weeks. In the event their previously selected vacation week falls on a regularly scheduled day off under their new schedule, the department will make every effort to accommodate the member in selecting a new week. If a member voluntarily transfers, the 4Department will make every effort to accommodate the member's previously selected annual vacation, however may change the vacation depending on staffing needs of the new assignment. Promotions shall be treated as involuntary transfers for purposes of this aArticle. Section 56. - Terminal Leave. -22- YPPA Collective Bargaining Agreement January 1, 28142016 — December 31, 20152019 a. A permanent employee, when leaving the service of the city and who has given at least two weeks' notice of his intention to leave, shall be compensated for vacation leave earned and accumulated to the date of separation. b. No compensation for vacation leave shall be payable to any employee who terminates his employment or is terminated before he has completed six months of service. c. Terminal leave shall be computed by multiplying the hourly rate in effect at the time of termination by the number of hours accumulated. ARTICLE 15 - SENIORITY SYSTEM A seniority roster will be maintained by the epartment's Police Chief, 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 Police Chief, or his/her designate, as an administrative function. Seniority among officers shall govern priorities for vacation leave and days off, subject to seniority. For the purpose of this section, the term "work unit" means the Division to which an officer 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 -23- YPPA Collective Bargaining Agreement I January 1, 20 2016 — December 31, 2-0-1420 19 Where shift strength is reduced or increased on holidays, consistent with the needs of the City, assignments shall be offered to the most senior qualified officer within a work unit (e.g. squad) of the appropriate division. Except for an emergency, the City shall provide a minimum of forty-eight (48) hours notice of any deviation from normal shift strength so that officers may plan the use of their time. ARTICLE 17 - HOLIDAYS WITH PAY (a) Chapter 2.40.080 of the City of Yakima Municipal Code shall govern holidays with pay for bargaining unit employees. (b) Members of this bargaining unit shall receive a bank of 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 one hundred eight (108) hours, officers assigned to ten (10) hour shifts shall receive one hundred twenty (120) hours, and officers assigned to the ten (10) hour forty (40) minute shift shall receive one hundred twenty eight point one seven (128.17) hours. 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 TrousersUniform Pants 3 pair Winter Short Sleeve Shirt 3 Class B Long Sleeve Shirt 3 Class A Long Sleeve Shirt 1 Metal Buttons 14 Tie 1 Uniform Dress Hat 1 Winter Jumpsuit 1 (after completion of probation) -24- YPPA Collective Bargaining Agreement January 1, 20 M2016 — December 31, 20-1-52019 Mock Turtleneck 2 Summer Shirt 3 Winter Jacket 1 flat 1 Emblems 1 pair Badge Holder 1 Buttons 1 dozen Body Armor 1 Body Armor Covers 2 GunbeltDuty Belt 1 Holster 1 Cuff Case 1 Batteries and bulbs (for Streamlight, including mounted Replaced as needed weapon lights using the CR123 style battery) Replaced as needed as needed Chemical Irritant 1 container Chemical Irritant Holder 1 Ar mmo Pouch (Detective) 1 Detective Holster 1 (Detectives Only) Extra Magazine Holder 1 (Detectives Only) Name Tag per Shirt 1 (One metal for Class A) Summer Pants 2 The City will provide a three hundred ($300) dollar allowance every two-yearsodd numbered year 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 maintain the Memorandutn of Understanding; (MOU) covering the acquisition of AR-15 rifles for employees electing to purchase such rifles up to twenty-five percent (25%) of the bargaining unit each year. 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 1 allowance of sty -eighty dollars ( 00)($$0.00) 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 -25- YPPA Collective Bargaining Agreement January I, 2O-i-4201 6 — December 31, 2 g-52019 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 If necessary, the City and the Association agree to re -open negotiation of this Article for the 2018 and 2019calendar years in recognition of currently unknown financial requirements/potential tax implications of the Affordable Care Act. 21.1 Medical, Vision and Dental Care Coverage — As identified in this agreement, Mmedical, vision, and dental coverage shall be maintained for the duration of this agreement for covered bargaining unit employees, retirees and their dependents, provided that the parties may mutually agree to re -open the contract to address any issues regarding coverage. The Association may have up to two (2) non -voting representatives on the Health Plan Board as observers. 21.2 Health Care and Dental Coverage Premium Contributions (a) Employee Health Care Coverage - LEOFF I and LEOFF II employee only health care coverage premiums shall be paid for by the City. (b) Dependent Health Care Coverage - The City will share the monthly premium for dependent medical insurance with bargaining unit members. Members shall contribute on a monthly basis according to the following schedule: For employees with one dependent: For employees with two dependents: For employees with three or more dependents: 0.5% of wages 1.0% of wages 1.5% of wages For purposes of this subsection, "wages" means the top step patrol officer wage during the month of contribution and "dependent" means a spouse, child, or other individual eligible for medical coverage under the City of Yakima's Health Care Plan. Effective July 1, 2012, the parties shall revise the health insurance program. On that date the YPPA plan design will be outlined as in the 2011 Healthcare Plan Report as Option C, (c) Dental Care Coverage - The City shall pay the premium for active LEOFF I and LEOFF II employees and their dependents for dental care. (d) Retiree Coverage - Retirees and dependents of retirees may remain in the group plan until they reach age 65 or, in the case of spouses of deceased retirees until they reach age 65 or remarry whichever occurs first. Retirees and unremarried spouses of deceased retirees shall pay the premium (including dependents if enrolled) which shall be the same as the normal group rate assess for coverage of active City employees and dependents covered by this agreement. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. 21.3 Long Term Disability Coverage - The City will allow employees to use payroll deduction for their entire long term disability coverage premium. -26- YPPA Collective Bargaining Agreement January 1, 20442016 — December 31, 20442019 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 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 assigned to the Crisis Negotiations Team shall receive two percent (2%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. Members assigned to the SWAT team shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. Section 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. -27- YPPA Collective Bargaining Agreement f January 1, 2Q-I-42 Q 16 — December 31, 24142019 Section 3 - Investigative Assignment. i, and any Interageaej T Iei-r Police Officers, Corporals and Sergeants assigned in writing by the Police Chief or designee to the Detective Division, as Traffic Investigators, Narcotics Investigators, Gang Unit Officers or to any Interagency Task Force shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month in such assignment. The City retains the exclusive right to, from time to time, select said Investigators, Detectives, Narcotics Unit and any Interagency Task Force members, and to determine the duration of assignment; provided, however, if the transfer is for disciplinary reasons, then nothing in this section prevents the employee from grieving the disciplinary transfer in accordance with Article 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 PoliccPolice Chief. Section 4 - Education Incentive. Police Officers, Corporals and Sergeants shall be paid a monthly education incentive payment based on the following schedule: AA Degree or 90 college credits: BA Degree: MA Degree: 1.5% of their current base pay for that month 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 three percent (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 departmentPolice Chief to a position which requires operation of a motorcycle, such member shall be paid o three percent (3%) of their current base pay inpay 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/she -28- YPPA Collective Bargaining Agreement January 1, 20,142016 — December 31, 2-1-142019 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 ,:vision and—sta'-eperatieas o e-s members 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. Section 11 — K-9 Officers. Employees assigned to K 9 duty shall receive a premium equal to 2-% three percent (3%) of their current base pay. ARTICLE 24 - SICK LEAVE If necessary, the City and the Association agree to re -open negotiation of this Article for the 2018 and 2019 calendar years in recognition of currently unknown financial requirements/potential tax implications of the Affordable Care Act. 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.) -29- YPPA Collective Bargaining Agreement I January 1, 2O442016 — December 31, 20442019 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 3-52 Subsection C, items (4d) and (5e)-below. h Section 23 - Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: }) Personal illness or physical incapacity resulting from causes beyond employee's control; (_) Quarantine of employee due to exposure to a contagious disease; (c3) 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 RCW 51.32.090. The employee will be allowed to make an election regarding their time loss according to City policy. (44) 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; 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 -30- YPPA Collective Bargaining Agreement January 1, 29-142016 — December 31, 29-t42019 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 4-3 - Requirements for All Paid Sick Leave. Lao) 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. Employees must keep their Department head informed of their condition if absence is of more than three (3) working days in duration. For each absence an employee must submit upon the approved form an explanation of the reason for such absence 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. (44) Employees must permit home visits or medical examinations at the expense and convenience of the City consistent with federal and state law. Section 5-4 - Enforcement of Sick Leave Provisions. (4-) (h ) (3) Any failure to comply with the provisions of Section 4-3 shall be grounds for denial of sick leave with pay for the period of absence. Misrepresentation of any material facts in connection with paid sick leave by any employee shall constitute grounds for suspension or discharge. 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. -31- YPPA Collective Bargaining Agreement January 1, 42O 16 — December 31, 20442019 Section 6-5 - Sick Leave Exchange. Eligible employees may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions: (A) No exchange of accrued sick leave for additional leave days or for cash will be granted for those employees with seven hundred and twenty (720) hours or less of accrued sick leave except: (la) Upon retirement or death the employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be exchanged for pay at the rate of fifty percent (50%) of the employee's current base pay and deposited into the employee's VEBA account. Employees with 30 years of service to the City of Yakima or more, hours will be exchanged for pay at the rate of one hundred percent (100%) of the employee's current base pay, up to the maxi►num amount of $28,500. () Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to seven hundred and twenty (720) hours or less will be exchanged for pay at the rate of twenty-five percent (25%) of the employee's current base pay and deposited into the employee's VEBA account. Honorable termination includes layoff for budget reasons, as well as resignation with proper notice. (3e) For employees with less than 30 years of service to the City of Yakima, pgayments authorized herein shall be the lesser of the amounts allowed in Alaa) or A -fah), or the percentage ratio of the employee's accrual versus 720 hours, applied to $22,00322 000 but in no case shall such payment exceed $22.000$227000. For employees with 30 years of service to the City of Yakima, payments authorized herein shall be the lesser of the amounts allowed in A�{al) or A-1-(2b), or the percentage ratio of the employee's accrual versus 720 hours, applied to $28,500 but in no case shall such payment exceed $28,500. (132) Exchange of accrued sick leave for additional leave days or for cash will be granted to employees who have accrued seven hundred and twenty (720) hours or more subject to the following provisions: (1 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 and deposited into the employee's VEBA account. (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 and deposited into the employee's VEBA account. -32- YPPA Collective Bargaining Agreement f January 1, 20442016 — December 31, 20442019 (2e) (d) The maximum amount allowable for payout is $22,000$$22,000. For employees with 30 years of service to the City of Yakima or more, the maximum amount allowed is $28,500. 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: (la) 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. (2b) 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. (33e) (d) (;) No request will be granted for less than eight (8) hours' pay or eight (8) hours additional leave. 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 7-6 — VEBA. Employees shall participate in the employer sponsored 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. 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�ccPolice Chief or designee. -33- YPPA Collective Bargaining Agreement January 1, 24442016 --December 31, 20442019 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 officerMembers will normally be given adequate advance notice of any change in his their regular hours of work, except where an emergency exists [an emergency is defined as an event unforeseen by the Department, affecting the Department's ability to perform its mission]. Posting shall constitute adequate notice. Notice given less than forty-eight (48) hours before he -the employee is to begin work under the changed schedule entitles the officer member to compensation at the overtime rate for those hours not exceeding eight (8) hours that are earlier, later, or different from the hours he -they last worked in a work day. An officerA member is not entitled to compensation at the overtime rate if he isthey are otherwise entitled to compensation under the same hours of work. -34- YPPA Collective Bargaining Agreement January 1, 204-42016 — December 31, 204-52019 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 HealthInsurance 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 A rimer member shall be compensated for all off -duty time that he/she spends as a witness before the Civil Service Board or arbitration hearing at the same rate and in the same manner as he/she is compensated for Court Time; provided that the Association or the employee (when proceeding on an individual basis) will only call witnesses who are reasonably necessary for a reasonably necessary duration. Time spent as a witness at such proceedings outside of regular working hours shall be compensated at time and one-half (1.5) on an hour for hour basis with no call back minimum. ARTICLE 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. 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. -35- YPPA Collective Bargaining Agreement January 1, 20442016 — December 31, 2-04-52019 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/her normal pay during such military leave period when taking part in active training duty. Section 2. — Civil Leave. Necessary leave will be provided to permit an employee to serve as a member of a jury or to exercise other civic duties. Employees will remain in full employment status and will receive their full salary during periods of civil leave, however, any compensation received for performing civil duties must be remitted to the Finance Department. ARTICLE 35 - OFF -DUTY EMPLOYMENT Section 1 - Duty to Inform Police Chief. Any employee who desires to take any additional employment not relating to the use of commission authority during off -duty hours shall inform the Chief of PolicePolicc Chief in writing at least seven (7) calendar days prior to the date of anticipated off -duty employment. The employee will fully describe the location and nature of the work to be performed, the proposed work hours, all items, if any, of Department equipment proposed to be used, and the anticipated duration of the employment. The Police Chief or his designee shall respond to the request within 72 hours excluding weekends and any holidays. This section does not apply to off -duty employment which has been specifically pre -approved by memo or Special Order from the Chief of l olicePolice Chief. Section 2 - Authorization for Off -Duty Employment. Prior to accepting off -duty employment not relating to the use of commission authority, an employee must obtain specific written authorization from the Chief of PolicePolice Chief. The Chief of PolicePolice Chief may suspend, modify, deny or terminate off -duty employment at any time for reasons including, but not necessarily limited to, the following: a. Incompatibility with the employee's city work schedule or interference with the employee's ability to perform his or her regular Police Department duties. b. Conflict with Department goals, objectives, policies or procedures. c. Nature of work is inconsistent with the professional image of the Department or creates an appearance of impropriety. d. Unusual illness or absence record prior to or following hours of off -duty employment. e. Work associated with premises where intoxicants are served for consumption, at the discretion of the Chief of PolicePolice Chief. -36- YPPA Collective Bargaining Agreement f January 1, 201 i2016 -- December 31, 2-4 2019 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 PolicePolice Chief to authorize or deny the use of any and all items of Department -owned and/or issued equipment in the course of off -duty employment. No 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 PolicePolice Chief. 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 Police Chief or designee for appropriate assignment depending upon availability. It is understood that this off -duty work for other organizations is to be paid at the rate of 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 PoliccPolice Chief or designee, on behalf of the City, would attempt to obtain from a prospective off -duty employer an indemnification and defense agreement and/or proof of adequate liability insurance coverage prior to approving off -duty employment, including a requirement that the City be named as an additional insured on the insurance policy. Section 6 - Off -Duty Employment Prohibited for Certain Employees. Employees who are on suspension or sick/disability leave or administrative leave or who are on entry-level probationary status are generally prohibited from off -duty employment, unless specifically exempted from this provision I by the Chief of PolicePolice Chief. Section 7 - Obligation to Department. The primary obligation and responsibility of all employees is to the Police Department. Employees who are directed or required to perform overtime or other Department -related work will do so regardless of conflict with their off -duty employment. Section 8 - Industrial Insurance. The parties agree that for the purpose of coverage under the laws and regulations of LEOFF, the Washington State Department of Labor and Industries, and all other federal and state employment laws and regulations, YPPA members performing off -duty work not involving the use of commissioned authority shall not be considered employees of the City but shall be considered employees for these purposes, for off -duty work administered by the City._ ARTICLE 36 — LAYOFFS Whenever it becomes necessary through lack of finances or other cause to reduce the force, persons to be laid off shall be given at least a four (4) weeks notice and the order of layoff shall be accomplished in the following manner: -37- YPPA Collective Bargaining Agreement I January 1, 20.1420 16 — December 3 I, 20152019 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 — POLICE CORPORALS Candidates for the position of Police Corporal shall have a minimum of five (5) years of service with the dDepartment. Corporals shall be assigned to the patrol division upon promotion with a maximum of one corporal per shift per team. The department may establish Corporal positions as needed in other divisions, and Corporals from the patrol division may apply for transfer to those positions. ARTICLE 37-38 - DURATION This agreement shall be effective on January 1, 20164 and shall continue through December 31, 2-04-5December 31, 2019. Executed by the parties hereto this YPPA Collective Bargaining Agreement January 1, 20112016 — December 31, 20 -52019 day of , 20132015. -38- Yakima Police Patrolmans Association City of Yakima By: Chairman of YPPA By: By: City Manager By: Secretary of YPPA Chief of Police ATTEST: City Clerk -39- YPPA Collective Bargaining Agreement January 1, 20142016 — December 31, 20152019 City of Yakima Police Department Dominic Rizzi Jr, Chief of Police 200 S. 3rd Street Yakima, Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION In a mutual labor agreement between the two above listed parties, both parties agree to amend the applicable collective bargaining agreement that is effective from January 1, 2016 through December 31, 2019, in accordance with the following terms: 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 fifteen minutes. Shift hours are set as follows: A Squad 0630-1710 B Squad 0950-2030 C Squad 1600-0240 D Squad 2020-0700 This amendment is to remain in effect from January 1, 2016 through December 31, 2016. Both parties agree to examine the effectiveness and efficiency of such change in the fourth calendar quarter of 2016, and will enter into an agreement that will either extend the shift hours change or return it to the previously agreed schedule. This memorandum of understanding is not intended to amend any other article of the collective bargaining agreement, add or remove any other provisions within this article, nor is its provisions to be extended beyond dates provided, without written agreement by both parties. eeew ^ Executed this 1'% day o N venrber, 2015 by: For the City of Yakima utter Interim CO Manager r Dominic Rizzi Jr. Chief of Police For the Yakima Police Patrolman's Assoc. crrr comma N0 o'5-e2.0 RESOLUTION NO: 011M11111a / 5 - a Se? Lyn Thorn Secretary City of Yakima Police Department Dominic Rizzi Jr, Chief of Police 200 S. 3rd Street Yakima, Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION Pursuant to mutual labor agreement between the two above -listed parties, both parties agree that subsection (e) of Article 13 of the parties' Collective Bargaining Agreement that is effective from January 1, 2016 through December 31, 2019, is hereby amended as follows: Article 13-Shift Hours (e) Offi e.s shall be all ;..ed to aocum ,late up t„ of xty (60) l f l vaii it ii V 11 K � b11L11,V {A lV Ci 111 Ltill��M 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. Effective July 1, 2016, all accrued ' compensatory hours shall be cashed out on a quarterly basis. Except as amended herein, the Collective Bargaining Agreement (effective from January 1, 2016 through December 31, 2019) shall remain unchanged. Executed this 23rd day of December, 2015 by: For the City of Yakima utter nterim City Manager Dominic Rizzi Jr. Chief of Police CITY CONTRACT NO: 0 /s -Oa add I%'d6i RESOLUTION NO: J '20/ 5' — 7S O For the Yakima Police Patrolman's Assoc. 4o91Patlan airman yn Thorn Secretary City of Yakima Police Department Dnmini' Ri77i Ir Chief of inn c 1rd Yakima Wachinatnn Telenhnne. (5(191 575-671M1 Fax (5(191 Below is an agreement between the City of Yakima and the Yakima Police Patrolman's Association for modification of the current collective bargaining agreement, effective 2/5/2016. ARTICLE 23 - DIFFERENTIAL PAY Section 1- CRU members assigned to the Crisis Negotiations Team shall receive two percent (2%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. Members assigned to the SWAT team shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month assigned to the CRU. Section 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. Police Officers, Corporals and Sergeants assigned in writing by the Police Chief or designee to the Detective Division, as Traffic Investigators, Narcotics Investigators, Gang Unit Officers or to any Interagency Task Force shall receive three percent (3%) of their current base pay in addition to their regular salary for each full month in such assignment. The City retains the exclusive right to, from time to time, select said Investigators, Detectives, Narcotics Unit and any Interagency Task Force members, and to determine the duration of assignment; provided, however, if the transfer is for disciplinary reasons, then nothing in this section prevents the employee from grieving the disciplinary transfer in accordance with Article 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 Police Chief. Section 4 - Education Incentive. Police Officers, Corporals and Sergeants shall be paid a monthly education incentive payment based on the following schedule: AA Degree or 90 college credits: 1.5% of their current base pay for that month BA Degree: 3.0% of their current base pay for that month MA Degree: 4.0% of their current base pay for that month 1 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 three percent (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 Police Chief to a position which requires operation of a motorcycle, such member shall be paid three percent (3%) of their current base pay in addition to their regular salary. Section 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/she 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: No differential pay Shifts starting between 0900 and 1459: 1% of current base pay Shifts starting between 1500 and 1859: 1.75% of current base pay Shifts starting between 1900 and 0459: 2.25% of current base pay Any Patrol officer involuntarily reassigned from a bid -for shift, for other than disciplinary transfers, shall be entitled to whichever shift premium is greater between the bid -for shift and the reassigned shift. Section 9 — Gang Unit Pay. All members 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. 2 Section 11 — K-9 Officers. Employees assigned to K-9 duty shall receive a premium equal to three percent (3%) of their current base pay. Section 12- Modified Duty- Any Officer who is assigned by the City and serving on modified duty status is not eligible for differential pays listed in Article 23 Section 1, 2, 6, 7, 8, 9 or 11. The City agrees to negotiate future changes in working conditions related to modified duty assignments. Except as amended herein, the Collective Bargaining Agreement (effective from January 1, 2016 through December 31, 2019) shall remain unchanged. Upon execution by both parties, this agreement shall be appended to, and construed to be a part of, the parties' Collective Bargaining Agreement, and shall apply prospectively from such date of approval. Executed this I 1/4kday of February, 2016 by: For the City of Yakima JeffC� -r Interim City Manager Dominic Rizzi Jr. Chief of Police CITY CONTRACT NO: 2 0) 5 - 08g 401d Y) J RESOLUTION NO: R- i' 1 - O 0 For the Yakima Police Patrolman's Assoc. Ira Cavin Chairman Lyn Thorn Secretary 3 Temporary Modified -Duty Assignments 1056.1 PURPOSE AND SCOPE This policy establishes procedures for providing temporary modified -duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, City rules or current collective bargaining agreements or memorandums of understanding. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 1056.2 POLICY Subject to operational considerations, the Yakima Police Department may identify temporary modified -duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the Department with a productive employee during the temporary period. An employee who is granted a modified duty assignment is not entitled to any special pay that is no longer applicable for the modified duty assignment (i.e. SWAT, negotiator, motorcycle, shift differential) beginning in the employees first full month of modified duty. 1056.3 GENERAL CONSIDERATIONS Priority consideration for temporary modified -duty assignments will be given to employees with work -related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the Washington Law Against Discrimination shall be treated equally, without regard to any preference for a work -related injury. No position in the Yakima Police Department shall be created or maintained as a temporary modified -duty assignment. Temporary modified -duty assignments are a management prerogative and not an employee right. The availability of temporary modified -duty assignments will be determined on a case -by case basis, consistent with the operational needs of the Department. Temporary modified -duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee's ability to perform in a modified -duty assignment. Employees from the Patrol Division will be assigned to the Services Section when granted modified duty. Employees from other Divisions may be allowed to remain in their Division during the period of modified duty, provided that they are able to perform the majority of their normally assigned duties. The Chief of Police or the authorized designee may restrict employees working in temporary modified -duty assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an emergency vehicle, engaging in outside employment, or being otherwise limited in employing their peace officer powers. 1056.3.1 LIMITATIONS The Department will maintain a limit on the number and duration of available modified duty assignments for non -work related injuries, not to include pregnancy, as follows: (a) Limited to 2.75% of total authorized commissioned employee maximum (using simple rounding) at a time for non -work related restrictions. In no case shall the number of assignments total more than 3.5% of total authorized commissioned employees, unless all are work related In the event the number of employees requesting modified duty exceeds the above allowance, bumping of positions will take place first on a voluntary basis and then by reverse seniority (b) Employees who have been granted a modified duty assignment due to a work related restriction have priority for modified duty assignments, even if it requires revoking an already granted assignment for a non -duty restriction employee. (c) An employee is eligible for a cumulative total of six months modified duty assignment for a non -work related restriction, in a running four year period. 1056.4 PROCEDURE Employees may request a temporary modified -duty assignment for short-term injuries or illnesses. Employees seeking a temporary modified -duty assignment should submit a written request to their Division Commanders or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing: (a) An assessment of the nature and probable duration of the illness or injury. (b) The prognosis for recovery (c) The nature and scope of limitations and/or work restrictions. (d) A statement regarding any required workplace accommodations, mobility aids or medical devices. (e) A statement that the employee can safely perform the duties of the temporary modified -duty assignment. The Division Commander will make a recommendation through the chain of command to the Chief of Police regarding temporary modified -duty assignments that may be available based on the needs of the Department and the limitations of the employee. The Chief of Police or the authorized designee shall confer with the Human Resources Department or the City Attorney as appropriate. Requests for a temporary modified -duty assignment of 20 hours or less per week may be approved and facilitated by the Watch Commander or Division Commander, with notice to the Chief of Police. 1056.5 ACCOUNTABILITY Written notification of assignments, work schedules and any restrictions should be provided to employees assigned to temporary modified -duty assignments and their supervisors Those assignments and schedules may be adjusted to accommodate department operations and the employee's medical appointments, as mutually agreed upon with the Division Commander It is the policy of the Department to reassign employees who are pregnant upon request by the employee or when deemed necessary by the Department to temporary assignments that will not routinely expose the employee to potentially hazardous environments or activities. 1056.5.1 EMPLOYEE RESPONSIBILITIES The responsibilities of employees assigned to temporary modified duty shall include, but not be limited to: (a) Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors (b) Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c) Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty. (d) Submitting a written status report to the Division Commander that contains a status update and anticipated date of return to full -duty when a temporary modified -duty assignment extends beyond 60 days. 1056.5.2 SUPERVISOR RESPONSIBILITIES The employee's immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified duty. The responsibilities of supervisors shall include, but not be limited to (a) Periodically apprising the Division Commander of the status and performance of employees assigned to temporary modified duty. (b) Notifying the Division Commander and ensuring that the required documentation faciliting a return to full duty is received from the employee. (c) Ensuring that employees returning to full duty have completed any required training and certification. 1056.6 MEDICAL EXAMINATIONS Prior to returning to full -duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations The Department may require a fitness -for -duty examination prior to returning an employee to full duty status, in accordance with the Fitness for Duty Policy. 1056.7 PREGNANCY If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified -duty assignment. 1056.7.1 NOTIFICATION Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy -related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the City's personnel rules and regulations regarding family and medical care leave. 1056.8 PROBATIONARY EMPLOYEES Probationary employees who are assigned to a temporary modified -duty assignment shall have their probation extended by a period of time equal to their assignment to temporary modified duty. 1056.9 MAINTENANCE OF CERTIFICATION AND TRAINING Employees assigned to temporary modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided that the certification, training or qualifications are not in conflict with any medical limitations or restrictions. Employees who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training or qualifications City of Yakima Police Department Dominic Rizzi Jr, Chief of Police 200 S. 3rd Street Yakima, Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 Below is an agreement between the City of Yakima and the Yakima Police Patrolman's Association for modification of the current collective bargaining agreement, effective 6/1/2016. 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 $45 per day for meals for travel more than 50 miles outside the limits of the City of Yakima. If the travel or training was less than a full day, reimbursement will be $15 per meal. Except as amended herein, the Collective Bargaining Agreement (effective from June 1, 2016 through December 31, 2019) shall remain unchanged. Executed this 2 6i day of May, 2016 by: i For the City of Yakima eaiik Jefffer Interim City Manager Dominic Rizzi Jr. Chief of Police CITY CONTRAC ( NO:C'r (AW ' fi"7 RESOLUTION NO: ��r"' 0 6-0 For the Yakima Police Patrolman's Assoc. Ira Cavin Chairman Lyn ''horn Secretary City of Yakima Police Department Dominic Rizzi Jr, Chief of Police 200 S. 3rd Street Yakima, Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 LETTER OF AGREEMENT By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION In a mutual labor agreement between the two above listed parties, both parties agree to allow police officers and or sergeants to test and evaluate body worn cameras on a voluntary basis for the period indicated below. No officer will be forced to wear a body worn camera in this pilot project and it is agreed that all officers shall be notified of the project and that they may be recorded by body worn cameras outside the means they are accustomed to. Officers or sergeants volunteering for this pilot project will operate under Yakima Police Department Policy 465. This agreement is not meant to amend the collective bargaining agreement that is effective from January 1, 2016 through December 31st, 2019. This letter is to remain in effect from May 23rd, through December 31, 2016. Both parties agree to enter into negotiations further should the city propose to implement in full or in part a Body Worn Camera Program. This letter of agreement is not intended to amend any other article of the collective bargaining agreement, add or remove any other provisions within the collective bargaining agreement, nor is its provisions to be extended beyond dates provided, without written agreement by both parties. Executed this 97 day of Utley, 2016 by: For the City of Yakima J7ff (cutter nterim City Manager (Z-..3 cz\- r7-;'-''L Dominic Rizzi Jr. Chief of Police For the Yakima Police Patrolman's Assoc. Lyn Thorn Secretary CITY CONTRACT NO: ��/6 ^ /1 O RESOLUTION NO: -a0/S 03 a Policy 465 Yakima Police Department Policy Manual Portable AudioNideo Recorders 465.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body -worn, hand held or integrated into portable equipment. This policy does not apply to lawful surreptitious audio/video recording, interception of communications for authorized investigative purposes or to mobile audio/video recordings (see the Investigation and Prosecution and Mobile Audio/Video policies) 465.1 POLICY The Yakima Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. 465.2 MEMBER PRIVACY EXPECTATION All recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department -issued or personally owned recorders Members shall have no expectation of privacy or ownership interest in the content of these recordings. 465.3 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. If the recorder is not in working order or malfunctions at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever possible. Any member assigned to a non -uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful Unless conducting a lawful recording in an authorized undercover capacity, non -uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever possible. When using a portable recorder, the assigned member shall record his/her name, YPD identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user's unique identification and the date and time of each recording Portable AudioNideo Recorders - 328 Adoption Date. 2016/04/26 © 1995-2016 Lexipol, LLC Yakima Police Department Policy Manual Portable AudioNideo Recorders Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation. 465.4 ACTIVATION OF THE PORTABLE RECORDER This policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The portable recorder should be activated in any of the following situations: (a) All enforcement and investigative contacts including stops and field interview (FI) situations (b) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops (c) Self -initiated activity in which a member would normally notify the Communications Center (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. No member of this department may record a face-to-face conversation without first announcing to everyone present that the conversation is going to be recorded and said announcement is recorded except pursuant to a warrant, the communication is of an emergency nature, or relates to communications by a hostage holder or barricaded suspect (RCW 9.73.030). At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media However, the recorder should be activated in situations described above as soon as practicable 465 4 1 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member's direct participation in the incident is complete or the situation no longer fits the criteria for activation Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. 465.4.2 SURREPTITIOUS USE OF THE PORTABLE RECORDER Washington law prohibits any individual from surreptitiously recording any conversation, except as provided in RCW 9 73 040, RCW 9.73.090 and RCW 9 73 210. Portable AudioNideo Recorders - 329 Adoption Date. 2016/04/26 © 1995-2016 Lexipol, LLC Yakima Police Department Policy Manual Portable AudioNideo Recorders Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee 465.4.3 EXPLOSIVE DEVICE Many portable recorders, including body -worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device Therefore, these devices should not be used where an explosive device may be present. 465.5 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department -issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on - duty or while acting in their official capacity Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with a department -issued or personally owned recorder. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on -duty without the express consent of the Watch Commander Any member who uses a personally owned recorder for department -related activities shall comply with the provisions of this policy, including retention and release requirements Recordings shall not be used by any member for the purpose of embarrassment, intimidation or ridicule. 465.6 RETENTION OF RECORDINGS Any time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and transfer the file in accordance with current procedure for storing digital files and document the existence of the recording in the related case report. Transfers should occur at the end of the member's shift, or any time the storage capacity is nearing its limit. Any time a member reasonably believes a recorded contact may be beneficial in a non -criminal matter (e g , a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 465 6 1 RETENTION REQUIREMENTS All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 180 days. 465.7 REVIEW OF RECORDINGS When preparing written reports, members should review their recordings as a resource. However, members shall not retain personal copies of recordings Members should not use the fact that a recording was made as a reason to write a less detailed report. Portable AudioNideo Recorders - 330 Adoption Date 2016/04/26 © 1995-2016 Lexipol, LLC Yakima Police Department Policy Manual Portable AudioNideo Recorders Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recorded files may also be reviewed• (a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) By media personnel with permission of the Chief of Police or the authorized designee. (d) In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy All recordings should be reviewed by the Custodian of Records prior to public release (see the Records Maintenance and Release Policy). Recordings that unreasonably violate a person's privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. Portable AudioNideo Recorders - 331 Adoption Date 2016/04/26 © 1995-2016 Lexipol, LLC City of Yakima Police Department Dominic Rizzi Jr, Chief of Police 200 S. 3`d Street Yakima, Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION In a mutual labor agreement between the two above listed parties, both parties agree to amend the applicable collective bargaining agreement that is effective from January 1, 2016 through December 31, 2019, in accordance to the following terms: 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 fifteen minutes. Shift hours are set as follows: A Squad 0630-1710 B Squad 0950-2030 C Squad 1600-0240 D Squad 2020-0700 The City and the YPPA agree to negotiate for the elimination of a squad, and the adjustment of other shift start times. Any elimination of shifts or adjustment of other shift times by more than 15 minutes will only be done by mutual agreement of both parties. Shift hours shall be assigned by seniority bidding for all bargaining unit members, excluding probationary police officers, 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, officers assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. The order of shift bidding will be rank, with Officers bidding first, then Corporals, and finally Sergeants. 1 Police Officers assigned to the CRU SWAT Team shall only be allowed to bid a maximum of two officers per shift, per team. This shall not include Corporals or Sergeants. Officers assigned as a canine handler within the Patrol Division will maintain a ten (10) hour and forty (40) minute shift plan as outlined in the "Canine Schedule" attached to this memorandum, but to address the issues of additionally mandated and authorized training requirements, may be assigned shift hours different than those developed for the Gold and Blue Patrol Teams. Shift hours will be established prior to the start of each calendar year, and shall be maintained for the year. Nothing shall preclude management from adjustment of Canine handler shifts in accordance with other articles of the current Collective Bargaining Agreement. 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. These amendments are to remain in effect from March 1, 2017 through December 31, 2019. This memorandum of understanding is not intended to amend any other article of the collective bargaining agreement, add or remove any other provisions within this article, nor is its provisions to be extended beyond dates provided, without written agreement by both parties. Executed this t by: For the City of Yakima Cli City Man Dominic Rizzi Jr. Chief of Police day of February of 2017 CITY CONTRACT NO- O/r_ , RESOLUTION NO: �0/ S r v Sv For the Yakima Police Patrolman's Assoc. Ira Cavm C airman L Thorn Secretary 2 January Yakima Police Department 2017 Canine Schedule February S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 April S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 29 30 Jul S M T WTH F S 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T WTH F S 1 2 3 4 5 6 7 8' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 May S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August T W TH F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2�4 25 26 27 28 29 30 31 November T W TH F 1i113 4 5 6 7 8 11 10 11 12 13 14 15 17 18 19 20 21 22 ® 24 25 26 27 28 29 Gray Canine Shift Department Training day Green Canine Shift Canine Training Day March W TH F 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June M W TH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December S M T WTH F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1311 Restricted Days Off: May 1, July 4, Fair Week 8 Dec 31 City of Yakima Police Department Dominic Rizzi Jr, Chief of Police 200 S. 3rd Street Yakima, Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION In a mutual labor agreement between the two above listed parties, both parties agree to amend the applicable collective bargaining agreement that is effective from January 1, 2016 through December 31, 2019, in accordance to the following terms: 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 fifteen minutes. Shift hours are set as follows: A Squad 0630-1710 B Squad 0950-2030 C Squad 1600-0240 D Squad 2020-0700 The City and the YPPA agree to negotiate for the elimination of a squad, and the adjustment of other shift start times. Any elimination of shifts or adjustment of other shift times by more than 15 minutes will only be done by mutual agreement of both parties. Shift hours shall be assigned by seniority bidding for all bargaining unit members, excluding probationary police officers, 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, officers assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. 1 These amendments are to remain in effect from January 1, 2017 through December 31, 2019. This memorandum of understanding is not intended to amend any other article of the collective bargaining agreement, add or remove any other provisions within this article, nor is its provisions to be extended beyond dates provided, without written agreement by both parties. Executed this iSr4 day of August, 2016 by: For the City of Yakima cl:-_-71,101/11(~_e Cliff Mo& City Manag Dominic Rizzi Jr. Chief of Police 4,- For the Yakima Police Patrolman's Assoc. Ira Cavin Cha•nan Lyn Thorn Secretary CITY CONTRACiNO2» 3 ' , ,64,4p — RESOLUTION NO e c �a: ° S-6 2 LETTER OF AGREEMENT By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION 1 In a mutual labor agreement between the two above listed parties, both parties agree to the dismissal of the Unfair Labor Practice Complaint 130609-U-19 under the following terms. a. The City of Yakima (The City) agrees that it will treat the issuance and content of any pre -employment agreements that it may enter into with prospective police officers as a mandatory subject of bargaining. b. The Yakima Police Patrolman's Association (YPPA) agrees that Exhibit A attached to this agreement contains terms which are an acceptable pre- employment agreement which the City may offer to prospective police officers for the duration of this agreement. c. The City agrees to notify the YPPA of any proposed changes to Exhibit A and to bargain with the YPPA over the decision to make the changes and any effects of those changes. d. The YPPA agrees that that it will not challenge or otherwise dispute any prior pre- employment agreements which the City has previously entered into with officers, provided that the City will only enforce terms which substantially correspond to the terms of Exhibit A. e. The parties agree that this agreement will expire upon expiration of the next collective bargaining agreement reached between the parties which will replace 2016-2019 agreement. 2 Nothing in this Agreement is intended to amend any other article of the collective bargaining agreement, add or remove any other provisions within the collective bargaining agreement, nor is its provisions to be extended beyond dates provided, without written agreement by both parties. vt Executed this 9' day of November of 2018 By: For the City of Yakima Cliff T 4000re City Manager For the Yakima Police Patrolman's Association Ira Cam Chairman CITY CONTRACT NO• 05- egg /94.7 e''itd' Z. RESOLUTION NO: R- . O/S - QSU Exhibit A - Page 1 of 3 CONTRACT FOR REIMBURSEMENT OF HIRING AND TRAINING EXPRENSES ENTRY LEVEL POLICE OFFICER WHEREAS, the Applicant identified below acknowledges that the City of Yakima will incur substantial expenses in the process of hiring and training the undersigned to be a commissioned law enforcement (police) officer; and WHEREAS, it is acknowledged by the undersigned that these expenditures are expected to be recaptured through services by Applicant with the City of Yakima Police Department after completion of said hiring and training and that the City will suffer substantial uncompensated loss if the undersigned should choose to not complete the hiring process or to terminate employment within a period of three (3) years following the date of hire. NOW, THEREFORE, IT IS HEREBY agreed as follows: 1. Reimbursement Obligation: The undersigned, hereinafter called "the Applicant", in consideration of the City of Yakima Police Department, hereinafter called "the City", providing the entry level job opportunity which includes but is not limited to formal technical police training through the Washington State Criminal Justice Training Commission and on the job training through the Yakima police field training program under the supervision of an experienced police officer, do hereby agree that in the event the Applicant is offered employment with the Yakima Police Department but does not choose to complete the hiring process, or the Applicant's employment with the City ceases due to any cause other than "failure to pass probation" or "termination" as defined below, within thirty-six (36) months from the date of hire as a commissioned law enforcement officer, the Applicant shall reimburse the City for the expenses incurred in connection with hiring and training the Applicant. The Applicant acknowledges that the reimbursement obligation arises out of the City's election to loan the Applicant the costs of hiring and training to be a police officer, which Applicant voluntarily accepts, with the expectation that this loan is either repaid by a three (3) year term of employment with the City of Yakima or through direct repayment to the City if employment is offered and not accepted or ceases within the thirty-six (36) month period beginning at the time of initial hire. Definition of Termination: "Termination" as used in this Agreement shall mean the Applicant's discontinuation of employment with the City by the specific action of the City for reasons not within the Applicant's control, as determined by City of Yakima management. Applicant's decision to not complete the hiring process or to discontinue his/her employment shall be termed "Resignation". 3. Calculation of reimbursement obligation: The reimbursement obligation agreed upon herein shall consist of the sum of all amounts expended by the City in connection with hiring and training the Applicant, including but not limited to the following (NO I : 2017 cost figures): A. Cost of pre -employment testmg (background investigation, Polygraph, Medical and treadmill exam, Psychological exam) B. Costs of the Washington State Criminal Justice Training Commission Academy $3,500 00 $5,100.00 Exhibit A - Page 2 of 3 C. Total estimated costs $8,600.00 It is agreed that the amounts itemized above are estimates only. I agree that my actual reimbursement obligation will be determmed by the City based on actual expenditures and/or reasonable estimates thereof in the event that the actual expenditures cannot be specifically documented through reasonable effort. 4. Credit for continuous employment: Credit for service rendered will be given against the reimbursement obligation at the rate of one -thirty-sixth (1/36) of the total reimbursement obligation for each month of continuous full-time employment, beginning from the date of hire. Any absence from work due to illness, injury or other cause for a period greater than two (2) weeks shall be excluded from the period of service for which credit will be given. 5 Terms of repayment: If Applicant withdraws from the testing and hiring process after acceptance of a conditional offer agreement, Applicant is responsible for repayment of testing and background costs listed above upon receipt of the bill for same. If Applicant is hired by the City of Yakima, complete payment of the reimbursement obligation shall be made within twenty-four (24) months of cessation of employment, in monthly installments of no less than one twenty- fourth (1/24) of the total reimbursement obligation, commencing 30 days following the last day of employment. Consecutive payments will be payable on or before the first day of each month thereafter. The Applicant agrees that in the event of his/her failure to make any payment required pursuant to this Agreement in a timely manner, the total amount of the reimbursement obligation then remaining unpaid shall immediately become due and payable. The Applicant further agrees that in the event the City incurs reasonable attorney's fees and other costs of collection in an effort to collect any delinquent sums owing pursuant to this Agreement, the Applicant will pay all such expenses in addition to the portion of the reimbursement obligation then due. 6. Discharge of obligation after 36 months of full-time employment with the City: The duty to reimburse hiring and training expenses as described and set forth herein shall terminate after completion of thirty-six (36) months of full-time employment with the City of Yakima. 7 Acknowledgment of receipt/waiver of right to independent legal advice: I understand that I have the right to have this document examined by an attorney of my choosing and to discuss its terms with my attomey prior to signing it. Sign initials in one of the spaces below as applicable: (fA ) I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult an attorney. Exhibit A - Page 3 of 3 I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidenced by the attorney's signature below. If you checked the box immediately preceding this paragraph, have your attorney sign here: Date Attorney of Applicant DATED THIS 3t'1-day of M a , 20 ( B . Applicant City of Yakima By. ' €%, MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION In a mutual labor agreement between the two above listed parties, both parties agree to amend the applicable collective bargaining agreement that is effective from January 1, 2016 through December31, 2019, in accordance to the following terms: 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 fifteen minutes. Shift hours are set as follows: A Squad 0630-1710 B Squad 0950-2030 C Squad 1600-0240 D Squad 2020-0700 The City and the YPPA agree to negotiate for the elimination of a squad, and the adjustment of other shift start times. Any elimination of shifts or adjustment of other shift times by more than 15 minutes will only be done by mutual agreement of both parties. Shift hours shall be assigned by seniority bidding for all bargaining unit members, excluding probationary police officers, 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, officers assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. The order of shift bidding will be rank, with Officers bidding first, then Corporals, and finally Sergeants. Police Officers assigned to the CRU SWAT Team shall only be allowed to bid a maximum of two officers per shift, per team. This shall not include Corporals or Sergeants. 1 Canine Handler Officers assigned as a canine handler khir}-GthePat ice" ' will maintain a ten nine (109) hour and forty (40) minute plus one (1) hour of canine care time for each regularly scheduled shift plan as outlined in the "Canine Schedule" attached to this memorandum, but to address the issues of additionally mandated and authorized training requirements, may be assigned shift hours different than those developed for the Gold and Blue Patrol Teams. -Shift hours will be established prior to the start of each calendar year, and shall be maintained for the year. Nothing shall preclude management from adjustment of Canine handler shifts in accordance with other articles of the current Collective Bargaining Agreement. Canine Care Canine Handler compensation for duties not directly related to law enforcement and eats re uiremnt under the it LaborStandards Act. The 'canine care' y code in TA S will be used to add the one '.Whour of {canine care" to each regglarly scheduled sift. Canine care is to compensate officers for time spent performinq dop handling duties separate and apart from those while on-dutyandincludes but is not limited to, e re wired for fee hi roornin training, exercising, transporti g obtaining, routine veterinary care urchasing food_.�.and sp lies. If for any reason the City or the Association has a concern about the shift hours described in either section 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. (bc) 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. For any bargaining unit member working a ten (10) hour and forty (40) minute shift, the regular work period for that member shall be twenty-eight (28) days and the regular hours of work during that twenty-eight (28)-day period shall not exceed one hundred seventy one (171) hours. For any bargaining unit member working a nine (9) hour shift, the regular work period for that member shall be fourteen (14) days and the regular hours of work during that fourteen (14)-day period shall not exceed eighty six (86) hours. For any bargaining unit members working a ten (10) hour shift, the regular work period 2 for that member shall be twenty-one (21) days and the regular hours of work during that twenty-one (21)-day period shall not exceed one hundred twenty eight (128) hours. (Gd) 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. (de) Court time and Callout. Officers called to duty outside the regularly scheduled shift or required to attend court outside their regularly scheduled shift shall be compensated with a minimum of three (3) hours at the overtime rate. This includes instances in which officers are under subpoena to testify in a telephonic court or administrative hearing. Hours worked beyond this minimum shall be compensated at the overtime rate, 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. (et) A member who has been scheduled to attend court is entitled to three (3) hours of overtime pay if the court appointment is cancelled any time after 0830 the prior business day of the appointment. Members cancelled from court prior to that time are not entitled to compensation. 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. (fg) Daylight Savings Time. In the event a • - • a rsmember's shift is shortened by one hour due to daylight savings time, that member will be required to submit a leave request for that hour. In the event a membersmember's shift is lengthened by one hour due to daylight saving time the member is entitled to compensation for that hour. (g) Members are not permitted to schedule personal leave, or other compensatory time off for the purpose of working City funded overtime assignments during their regularly scheduled duty hours. This shall not apply to members who are working overtime during their pre -scheduled annual vacation leave, or members working overtime assignments funded or reimbursed from a source other than the City. (hi) Members who are required to take work related telephone calls outside of their scheduled work hours are entitled to overtime pay under the following conditions. The telephone call must exceed 5 minutes and the call must have been authorized by a Lieutenant or higher rank within the Department. The minimum amount of compensation for a work related phone call in these circumstances is one half an hour. Any time beyond that will be rounded up to the next quarter hour. Article 23 — Differential Pay Section 11 — K-9 Officers. Employees assigned to K-9 duty shall receive a premium equal to three percent (3%) of their current base pays and are elw+ able for shift differential pay outlined in Section 8 of this article. 3 0 0 The terms of this emorandum of Understandin shall be incorporated into the next Collective Bargaining Agreement, should such an agreement be reached, This memorandum of understanding is not intended to amend any other article of the collective bargaining agreement, add or remove any other provisions within this article. Executed this day of March, 2019. City of Yakima: Cliff Moo e City Manager ry Jones Intern Chief Date Date 4 For the Yakima Police Patrolman's Assoc. Ira Cavin Chairman Jim Yates Vice Chair - - Date Date MEMORANDUM OF UNDERSTANDING by and between CITY OF YAKIMA AND YAKIMA POLICE PATROLMANS ASSOCIATION In a mutual labor agreement between the two above listed parties, both parties agree to the following: The City and the Association agree that Article 13 Section (c) of the 2016-2019 Collective Bargaining Agreement by and between the City of Yakima and the Yakima Police Patrolmans Association is interpreted to round overtime to the next quarter hour so that overtime is paid in quarter hour increments based on the amount of time worked by the employee. This memorandum of understanding is not intended to amend, add or remove any other article of the collective bargaining agreement. tit Exectited this -7 day of 2019 1py: For t kity of Yakima yrith1 Actl For the Yakima Police Patrolman's Association ra Hi RESOLUTION tia: 0121 Lif>0 Chairman CITY CONTRAMJ 1/4°) Ad*f Matthew Murra Scott Grant Chief of Police Secretary MEMORANDUM OF UNDERSTANDING by and between CITY OF YAKIMA AND YAKIMA POLICE PATROLMANS ASSOCIATION In a mutual labor agreement between the two above listed parties, both parties agree to amend the current 2016-2019 Collective Bargaining Agreement between the Association and the City as follows (unaffected sections of articles have been omitted): 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 fifteen 15 minutes. Shift hours are set as follows: A Squad 0630-1710 B Squad 0950-2030 C Squad 1700 03101600-0240 D Squad 2020-0700 The City and the YPPA agree to negotiate for the elimination of a squad, and the adjustment of other shift start times. Any elimination of shifts or adjustment of other shift times by more than 15 minutes will only be done by mutual agreement of both parties. The Association agrees to allow the Chief of Police to set staffing for B squad based on the operational needs of the department, including not filling the squad. Any anticipated changes to the staffing levels for B squad will be announced during shift bid of each year. Shift hours shall be assigned by seniority bidding for all bargaining unit members, excluding probationary police officers, 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 NovemberNovember or December of each year. Employees may bid for both shift and team, provided that the City may assign an employee to the opposite team on a shift at the time of the bidding process for a legitimate reason. In the event that reassignment during the course of the year is required, officers assigned to patrol shall fill existing vacant slots. The City retains the right to move an officer to a different team for good cause, with advance notice to the affected officer(s). Unless it is not possible, the good cause reassignment should be to the same shift. The order of shift bidding will be by rank, with Officers bidding first, then Corporals and finally Sergeants. Police Officers assigned to the CRU SWAT team shall only be allowed to bid a maximum of two officers per shift, per team. This shall not include Corporals or Sergeants. Members of the Association assigned to the Major Crimes Unit, Special Assault Unit; and Property Crimes Unit shall maintain a nine (9) or ten (10) hour shift plan with shift hours based on operational needs, except in the event of an emergency. Ninety (90) day notice will be provided for permanent shift plan changes. (remainder of section omitted) ARTICLE 14 - VACATIONS 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 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 65% vacation leave use requirement. At the end of ach y ar, all vacation 1 avo accrued in excess of the limits specified in Section 2 of this Article, but for which the employee does not to take their leave for operational or other legitimate reasons shall be allowed to carry the excess forward into the next calendar year. SECTION 3 — Vacation Sell Back Program Employees may sell back up to one-third of their annual accrued vacation. Vacation hours eligible for buy-back are those hours earned up to one-third maximum, accrued within the preceding twelve-month period. No more than one request may be made per calendar year (City of Yakima Municipal Code provision in section 2.40.120). ARTICLE 18 - UNIFORM CLEANING AND ISSUE The City shall pay for all necessary cleaning of uniforms for members of the bargaining unit as specified in the "Uniform and Equipment Specifications Manual". The City may determine, from time to time, where said uniforms shall be cleaned. Reasonable regulations concerning such cleaning may be adopted by the Police Department. Uniform items 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 Iss„e Initial disbursement: Item Quantity Uniform Pants Short Sleeve Shirt Class B Long Sleeve Shirt Class A Long Sleeve Shirt Metal Buttons Tie Uniform Dress Hat Winter Jumpsuit Mock Turtleneck Winter Jacket Body Armor Body Armor Covers Duty Belt Holster Handcuff Case Batteries and bulbs (for 7 �� SStr "" ncludingg-z"mm"in o=rted Replaced -as -needed weapon lights using the CR123 style battery) Chemical Irritant Chemical Irritant Holder Detective Holster Extra Magazine Holder Name Tag per Shirt 3 pair 3 3 1 11 1 1 1 (after completion of probation) 2 1 1 2 1 1 1 1 container 1 1 (Detectives Only) 1 (Detectives Only) 1 (One metal for Class A) The City agrees to adhere to the "Uniform and Equipment Specifications Manual" of the department policy manual, with respect to minimum equipment issuance. The City will provide a three hundred ($300) dollar allowance every odd numbered year for the purchase or repair of approved footwear for officers assigned to units not eligible for a clothing allowance. The City and the YPPA will maintain the Memorandum of Understanding (MOU) covering the acquisition of AR-15 rifles for employees electing to purchase such rifles up to twenty-five percent (25%) of the bargaining unit each year. 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 24 - SICK LEAVE Section 2 - Permissible Use of Sick Leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons: (d) In the event of a death in the employee's immediate family and upon approval from a supervisor, the employee may use up to three days of paid bereavement leave per calendar yeaioccurrence. `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; End of Amendments In agreeing to the striking of the "Uniform Item Minimum Issue" portion of Article 18, the City and Association agree to negotiate and implement a similar minimum equipment issue list to be included into the "Uniform and Equipment Specifications Manual" of the department policy manual. The City also agrees to provide each non -probationary police officer assigned to the Patrol Division with a summer jumpsuit during 2020, subject to manufacturer availability. This MOU shall be effective January 1, 2020. Executed this day of For the City of Yakima • lex e er off Interim Ci arFger Matt ew Murra. Chief of Polic CITY ONTRACTNOP20N-Cf� -5 RESOLUTION NO: 0'5-0 � For the Yakima Police Patrolman's Association Ira Gavin Chairman Jim ates Vice Chairman MEMORANDUM OF UNDERSTANDING by and between CITY OF YAKIMA AND YAKIMA POLICE PATROLMANS ASSOCIATION On January 31, 2020 Washington State Governor Jay Inslee declared a state of emergency due to a public health emergency posed by the spread of the COVID-19 virus. On March 12, 2020 a state of emergency was declared by the Yakima County Commissioners as a result of confirmed COVID-19 cases in Yakima County. On the same date the City of Yakima Mayor issued a proclamation of Civil Emergency and Order to address the public health threat of COVID-19 with the City Council ratifying the proclamation on March 13, 2020. Therefore in a mutual labor agreement between the two above listed parties, both parties agree to amend the current 2016-2019 Collective Bargaining Agreement between the Association and the City as follows: The City and the Association agree to temporarily suspend all time calculations involving Article 11 investigations, and Article 7 grievances effective March 19, 2020 through April 27, 2020. The City will continue to receive and triage complaints and provide notice of complaint to officers as detailed in the current Collective Bargaining Agreement. This agreement will allow both City staff and Association members the ability to focus on maintaining CDC recommendations on social distancing and also allow them to focus on priority tasks surrounding the COVID-19 pandemic. Executed this 901 day of March, 2020 by: For the City of Yakima For the Yakima Police Patrolman's Association Alex Mey rhoff ! Ira Cavin Interim City Ma a. I Chairman Matthe i urray Chief of Police CITY CONTRACT N •2'LIi '-o8S " RESOLUTION NO. K �O15 0 Scott Grant Secretary MEMORANDUM OF UNDERSTANDING by and between CITY OF YAKIMA AND YAKIMA POLICE PATROLMANS ASSOCIATION On January 31, 2020 Washington State Governor Jay Inslee declared a state of emergency due to a public health emergency posed by the spread of the COVID-19 virus. On March 12, 2020 a state of emergency was declared by the Yakima County Commissioners as a result of confirmed COVID-19 cases in Yakima County. On the same date the City of Yakima Mayor issued a proclamation of Civil Emergency and Order to address the public health threat of COVID-19 with the City Council ratifying the proclamation on March 13, 2020. On March 23, 2020 Governor Inslee issued a "Stay Home Stay Healthy" order which was extended through May 4th 2020. On April 21, 2020 Governor Inslee stated that the order would be gradually lifted beginning around the May 4th date. The City and the Association previously agreed to suspend time calculations involving Article 11 investigations and Article 7 grievances from March 19, 2020 through April 27, 2020. Therefore in a mutual labor agreement between the two above listed parties, both parties agree to amend the current 2016-2019 Collective Bargaining Agreement between the Association and the City as follows: The City and the Association agree to extend the temporary suspension on all time calculations involving Article 11 investigations, and Article 7 grievances effective April 27, 2020 through May 15, 2020. The City will continue to receive and triage complaints and provide notice of complaint to officers as detailed in the current Collective Bargaining Agreement. Executed this )1. day of April, 2020 by: For the City of Yakima Alex eyerliof Interim Ci Matthew urray Chief of Police CITY CONTRACT NO° RESOLUTION NO' 49 *1(21 0 (2.,5 0 For the Yakima Police Patrolman's Association Ira Cavin Chairman Jim Yates —SeGrPtgry te/er LAW & JUSTICE BUILDING 200 SOUTH 3RD STREET YAKIMA, WASHINGTON 9B901 MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMANS ASSOCIATION THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into by the Yakima Police Patrolmans Association (YPPA) and the City of Yakima, a Washington Municipal Corporation (hereinafter "City"). In a mutual labor agreement between the two above listed parties, both parties are in agreement regarding the COVID- 19 Pandemic and the bargaining unit members inability to utilize their vacation leave due to the "Stay Home, Stay Safe" Executive Order authorized by the Governor of Washington, and extending his Executive Order through January 4, 2021. The City and YPPA agree that the provisions as set forth in this MOU supersede any conflicting provisions in the YPPA Collective Bargaining Agreement. Both parties agree to the following: • The COVID-19 Pandemic and "Stay Home, Stay Safe" Executive Order has affected the ability for employees to make use of their annual leave. • The annual vacation accrual cap shall be suspended for the 2020-year end. The Vacation Leave accrual cap limits will be suspended for the 2020 year end and excess hours will be carried over for use in 2021: o Vacation Leave accrual cap limits will be reinstated effective December 31, 2021. o Vacation Leave hours carried over must be used by December 31, 2021 and are subject to the approval process identified in the collective bargaining contract. o Any hours exceeding the annual cap limit as of December 31, 2021 shall be forfeited. o Vacation Leave carry over hours will not be eligible for cash out. o Annual leave used in 2021, will be deducted first from hours carried over from 2020. This MOU shall be effective immediately, December 2020. This agreement shall continue through December 31, 2021. Executed by the parties hereto this 10th day of December 2020. YAKIMA POLICE PATROLMANS ASSOCIATION CITY OF AK MA By: `%L //az, �. 12/10/20 By. Secretary o PPA By: Chief o dice HUfi n 'E-(2 F71°/E7r) O �/2OOp CITYCONTRACTN096 . RESOLUTION NO: r d(-' 12/10/2020 U��U������W���UU� o�� UNDERSTANDING �U���UU� '-_''_ ----.~~. .~~ ~...~~~~.~~~.~..~~~�.~~° �..~~~~� BETWEEN THE CITY OF YAKIMA AFSCME LOCAL 1122 MUNICIPAL BARGAINING UNIT AND YAKIMA POLICE PATROLMAN ASSOCIATION THIS MEMORANDUM OF UNDERSTANDING ("K8OU")iomade and entered into by and between Council 2. \8/aah/ngbzn State Council of County and City Ennp|nyeoe representing Local 1122 Annehoon Federation of State County and Municipal Employees, /\LF-C/C). City nfYakima Municipal Employees, hereinafter called the "Union" and the City of Yakima Police Patrolman's Association hereinafter called `/PPA. WHEREAS, This K8[)U memorializes the agreements between the Union and YPPAregarding the issues described below. WHEREAS, The Union and YPP/\ agree that the provisions as set forth in this MC}U supersede any conflicting provisions in the Collective Bargaining Agreements WHEREAS, the Yakima Municipal Jail at times has difficulty covering shifts with the proper number ofCorrections Staff baensure safety and. WHEREAS, YPPA and the Union share the desire to minimize the impact on those employees effected bythe shortage ofCorrections Staff. WHEREAS, the parties have agreed to memorialize their agreement on this issue inthe form ofthis MOU. NOW, THEREFORE, hioagreed bvand between the Union and Y'PPAanfollows: 1) Because of the need to cover shifts with experienced personnel, the Union o0raeo to oUovv nnennbena of the }/PPA to fill in for Luno| 1122 Bargaining Group Corrections Staff when there is no Local 1122 Bargaining Group Corrections Staff tocover mshift. 2\ It is signed that Local 1122 Bargaining Group members of the Corrections Staff will have "the right of first refusal" to cover any overtime available prior to using staff frnmYPPA. WHEREAS, this agreement becomes effective 'December 13, 2021. THIS MOU is executed by the parties this D 1 day of December, 2021. Robert Harrison CITY CONTRACT NO, Eddie Allan, Staff Representative Irian Dean, Local 1122 Shop Steward MEMORANDUM OF UNDERSTANDING By and between CITY OfYAK|MA And YAK|MAPOL|CE PATROLMAN'S ASSOCIATION THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Yakima Police Patrolman s Association (hereinafter "Association") and the City of Yakima, a Washington Municipal corporation (hereinafter"City") Whereas, the City ofYakima iyacharter city ofthe first class cf the State ofWashington and is the employer ofall members o/ the Yak/ma Police Department, and Whereas, the Association |othe exclusive bargaining representative ofall full-time regular police officers cdthe Yakima Police Department except those persons appointed topositions above the rank ofSergeant, and Whereas, this MOU memorializes the agreement between the City and the Association regarding pay for off duty jobs occurring up to, and mo|udmg. November 25, 2021 All parties acknowledge that these issues have been negotiated in accordance with RCVV41 56, and Whereas, the City and the Association agree this MOU fully resolves all potential grievances filed bythe Association regarding thimmsdter� and Whereas, the City and the Association agree that the provisions as set forth in this MOU do not create a past practice and supersede any conflicting provisions in any Collective Bargaining Agreement covering the issues contained inthis K4OU Therefore, the City and the Association agree that the off duty jobs described in the attached Off Duty Memorial Hospital Hours Sept- Nov 2O21 shall bapaid toeach officer aeidentified These wages shall be included in the January paycheck and are subject to the normal payroll rules Executed this _��/ day of [}omamber. 2021 City nfYakima. � Bob Harrison City Manager "oNTnACr NO:)()/5'- O��X GkrAltmJ.9 For the Yakima Police Patrolman's Assoc Jim -Yates Chairman Off Duty Memorial Hospital Hours Sept - Nov 2021 Emp. # Name Hrs Period Actual Pay Rate Gross Pay Received Ending lyd LJU Iy JOIUUUI,S Advertised Rate /fa 2R1 rVllhr 1 Difference Owed 4205 HENYAN, Nate 18 50 9/25/2021 41 42 $766 27 $1,128 50 $362 23 4205 HENYAN, Nate 25.25 10/25/2021 41 42 $1,045 86 $1,540 25 $494 40 4205 HENYAN, Nate 16 50 11/25/2021 41 42 $683 43 $1,006.50 $323 07 6170 HAMPTON, Kasey 5 50 11/25/2021 41 42 $227 81 $335 50 $107.69 6262 HELMS, Zack 12 00 11/25/2021 41 42 $497 04 $732 00 $234 96 6317 CORDOVA, Jon 22 00 10/25/2021 41 42 $911 24 $1,342.00 $430 76 6317 CORDOVA, Jon 16 00 11/25/2021 41 42 $662 72 $976 00 $313 28 6562 Urwin, Chad 6 00 10/25/2021 41 42 $248 52 $366 00 $117 48 6562 Urwin, Chad 9 91 11/25/2021 41 42 $410 47 $604 51 $194 04 6601 PEPPER, Ryan 12 00 11/25/2021 41 42 $497 04 $732 00 $234 96 6666 YATES, Jim 18 00 9/25/2021 41 42 $745 56 $1,098 00 $352 44 6666 YATES, Jim 15 00 10/25/2021 41 42 $621 30 $915 00 $293 70 6666 YATES, Jim 6 00 11/25/2021 41 42 $248 52 $366 00 $117 48 6719 DIAZ, Dulce 62 00 9/25/2021 41 42 $2,568 04 $3,782 00 $1,213 96 6719 DIAZ, Dulce 37 50 10/25/2021 41 42 $1,553 25 $2,287 50 $734 25 6719 DIAZ, Dulce 86 50 11/25/2021 41 42 $3,582 83 $5,276 50 $1,693 67 6925 MORFIN, Efren 6 00 9/25/2021 41 42 $248 52 $366 00 $117 48 6925 MORFIN, Efren 6 00 11/25/2021 41 42 $248 52 $366 00 $117 48 7013 ELY, Jeff 6.00 9/25/2021 41 42 $248 52 $366 00 $11748 7013 ELY, Jeff 14 00 10/25/2021 41.42 $579 88 $854 00 $274 12 7013 ELY, Jeff 15 00 11/25/2021 41 42 $621 30 $915 00 $293 70 7019 SCHERZINGER, Marc 5 50 10/25/2021 41 42 $227 81 $335 50 $107 69 7019 SCHERZINGER, Marc 6.00 11/25/2021 41 42 $248 52 $366 00 $11748 7051 YATES, Ryan 9 00 10/25/2021 41 42 $372 78 $549 00 $176 22 7479 WILLIAMS, Mark 12 00 9/25/2021 41 42 $497 04 $732 00 $234 96 7479 WILLIAMS, Mark 6 00 10/25/2021 41 42 $248 52 $366 00 $117 48 7828 Laredo, Juan 6 50 10/25/2021 41 42 $269 23 $396 50 $127 27 7828 Laredo, Juan 6.50 11/25/2021 41 42 $269 23 $396 50 $127 27 7862 Wilske, Jared W 3 00 9/25/2021 41 42 $124 26 $183 00 $58 74 8242 Garcia, Noel 16 00 10/25/2021 41 42 $662 72 $976 00 $313 28 8242 Garcia, Noel 27.00 11/25/2021 41 42 $1,118 34 $1,647 00 $528 66 8248 Hamlin, Charles 20 00 9/25/2021 41 42 $828 40 $1,220 00 $391 60 8248 Hamlin, Charles 6 50 10/25/2021 41 42 $269 23 $396 50 $127 27 8248 Hamlin, Charles 3 00 11/25/2021 41 42 $124 26 $183 00 $58 74 8312 Franz, Stefan 6.50 10/25/2021 41 42 $269 23 $396 50 $127 27 $10,752 55 Total MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Yakima Police Patrolman's Association (hereinafter "Association") and the City of Yakima, a Washington Municipal corporation (hereinafter "City"). Whereas, the City of Yakima is a charter city of the first class of the State of Washington and is the employer of all members of the Yakima Police Department: and Whereas, the Association is the exclusive bargaining representative of all full-time regular police officers of the Yakima Police Department except those persons appointed to positions above the rank of Sergeant; and Whereas, this MOU memorializes the agreement between the City and the Association regarding pay for 2021 eve holiday. All parties acknowledge that these issues have been negotiated in accordance with RCW 41.56; and Whereas, the City and the Association agree this MOU fully resolves all potential grievances filed by the Association regarding this matter; and Whereas, the City and the Association agree that the provisions as set forth in this MOU do not create a past practice and supersede any conflicting provisions in any Collective Bargaining Agreement covering the issues contained in this MOU. Therefore, the City and the Association agree that for the year 2021, the four (4) eve holiday hours will be paid at straight time for all members in place of members having an additional four (4) hours of leave. These wages shall be included in the January paycheck and are subject to the normal payroll rules. Executed this day of December; 2021. City of Yakima: Bob Harnson Date City Manager For the Yakima Police Patrolman's Assoc Jim Yates Chairman CITY CONTRACT N" O:"�'v ©(! -V erd• (0 RESOLUTION NO:fQad l S—OSO /2/21/Z1 Date MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Yakima Police Patrolman's Association (hereinafter "Association") and the City of Yakima, a Washington Municipal corporation (hereinafter "City"). Whereas, the City of Yakima is a charter city of the first class of the State of Washington and is the employer of all members of the Yakima Police Department; and Whereas, the Association is the exclusive bargaining representative of all full-time regular police officers of the Yakima Police Department except those persons appointed to positions above the rank of Sergeant; and Whereas, this MOU memorializes the agreement between the City and the Association regarding the amount of pay for off duty jobs covered by Article 35 of the Collective Bargaining Agreement. All parties acknowledge that these issues have been negotiated in accordance with RCW 41.56; and Therefore, the City and the Association agree Article 35 is hereby amended to read as follows: ARTICLE 35 - OFF -DUTY EMPLOYMENT Section 1 - Duty to Inform Police Chief Any employee who desires to take any additional employment not relating to the use of commission authority during off -duty hours shall inform the Police Chief in writing at least seven (7) calendar days prior to the date of anticipated off -duty employment. The employee will fully describe the location and nature of the work to be performed, the proposed work hours, all items, if any, of Department equipment proposed to be used, and the anticipated duration of the employment. The Police Chief or his designee shall respond to the request within 72 hours excluding weekends and any holidays. This section does not apply to off -duty employment which has been specifically pre -approved by memo or Special Order from the Police Chief. Section 2 Authorization for Off -Duty Employment Prior to accepting off -duty employment not relating to the use of commission authority, an employee must obtain specific written authorization from the Police Chief. The Police Chief may suspend, modify, deny or terminate off -duty employment at any time for reasons including, but not necessarily limited to, the following: (a) Incompatibility with the employee's city work schedule or interference with the employee's ability to perform his or her regular Police Department duties. 3 (b) Conflict with Department goals, objectives, policies or procedures. (c) Nature of work is inconsistent with the professional image of the Department or creates an appearance of impropriety. (d) Unusual illness or absence record prior to or following hours of off -duty employment. (e) Work associated with premises where intoxicants are served for consumption, at the discretion of the Police Chief. (f) Work associated with a political party, candidate, or issue, or may give the appearance of an endorsement of a particular business, product or service. (g) Work would result in an unreasonable competition with a private business. Section 3 - Use of Department Uniforms and Equipment It is at the sole discretion of the Police Chief to authorize or deny the use of any and all items of Department -owned and/or issued equipment in the course of off -duty employment. No Department owned and/or issued equipment will be used for off -duty employment without the specific prior written approval of the Police Chief. 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 Police Chief or designee for appropriate assignment depending upon availability. It is understood that this off -duty work for other organizations is to be paid at the rate of first cla e #" , ffty, five dollars per hour ($55>00). The City's actions to coordinate and schedule this work and administer payment is not intended to make this "time worked" for overtime purposes. Section 5 - Indemnification and Defense The Police Chief or designee, on behalf of the City, would attempt to obtain from a prospective off -duty employer an indemnification and defense agreement and/or proof of adequate liability insurance coverage prior to approving off -duty employment, including a requirement that the City be named as an additional insured on the insurance policy. Section 6 - Off -Duty Employment Prohibited for Certain Employees Employees who are on suspension or sick/disability leave or administrative leave or who are on entry-level probationary status are generally prohibited from off -duty employment, unless specifically exempted from this provision by the Police Chief. Section 7 - Obligation to Department The primary obligation and responsibility of all employees is to the Police Department. Employees who are directed or required to perform overtime or other Department -related work will do so regardless of conflict with their off -duty employment. Section 8 - Industrial Insurance The parties agree that for the purpose of coverage under the laws and regulations of LEOFF, the Washington State Department of Labor and Industries, and all other federal and state employment laws and regulations, YPPA members performing off -duty work not involving the 3 use of commissioned authority shall not be considered mmpk/voea of the City but shall be considered employees for these purposes, for off -duty work administered by the City. Executed this City ofYakima: Bob Harrison City Manager day of July, 2022. ~� CITY CONTRACT NO L RESOLUTION NO: 4 �t 3 For the Yakima Police Patrolman's Assoc. Jim Yates MEMORANDUM OF UNDERSTANDING By and between CITY of YAKIMA And YAKIMA POLICE PATROLMAN'S ASSOCIATION THIS MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into by and between the Yakima Police Patrolman's Association (hereinafter "Association") and the City of Yakima, a Washington Municipal corporation (hereinafter "City"). Whereas, the City of Yakima is a charter city of the first class of the State of Washington and is the employer of all members of the Union; and Whereas, the Association is the exclusive bargaining representative for all full-time regular police officers of the Yakima Police Department except those persons appointed to positions above the rank of Sergeant; and Whereas, this MOU memorializes the agreement between the City and the Association regarding eliminating the eve holiday benefits and adding additional vacation earning time. All parties acknowledge that these issues have been negotiated in accordance with RCW 41.56; and Whereas, the City and the Association agree that the provisions as set forth in this MOU terminate any past practice regarding eve holiday time. Therefore, the City and the Association agree Article 14 of the Collective Bargaining Agreement shall be amended as follows: ARTICLE 14 — VACATIONS Police Officers, Corporals and Sergeants will be granted annual vacation as follows: YEARS OF SERVICE ACCRUAL RATE After one (1) full year of employment After two (2) full years of employment After five (5) full years of employment After ten (10) full years of employment 7.42 hoursper month Eighty five (85) hours (fForty (40) hours may be taken after six months of employment) 8.75 hours per month One4susvdsed-aed-ones(4-011)-houss 10775 hours per month One,Pundred-and-twenty-five-(12-5-0 hours 14.08 hours er month One-fiundred and -sixty-five 0-65)- After fifteen (15) full years of employment After twenty (20) full years of employment 16.08 hours per month One n&ed a+id etghty-1:14fie (154)- hours 16,75 hours or month One-huodrectanci-ilinety-seveo <197) hours After twenty-five (25) full years of employment 17742 hoursper month Two-hundredeand-five42061-nours Executed this day of November, 2022. City of Yakima: Bob Harrison City Manager CITY CONTRACT NO: trA-OCelb RESOLUTION NO: Date For the Union: Jim Yates Chariman Date 2